[United States Statutes at Large, Volume 129, 114th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]


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. <>

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <>
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.

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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 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 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 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.

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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.

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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 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 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.

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Sec. 79002. Reallocation of funds.

TITLE LXXX--CHILD SUPPORT ASSISTANCE

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

TITLE LXXXI--PRIVATE INVESTMENT IN HOUSING

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

TITLE LXXXII--CAPITAL ACCESS FOR SMALL COMMUNITY FINANCIAL INSTITUTIONS

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

TITLE LXXXIII--SMALL BANK EXAM CYCLE REFORM

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

TITLE LXXXIV--SMALL COMPANY SIMPLE REGISTRATION

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

TITLE LXXXV--HOLDING COMPANY REGISTRATION THRESHOLD EQUALIZATION

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

TITLE LXXXVI--REPEAL OF INDEMNIFICATION REQUIREMENTS

Sec. 86001. Repeal.

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

Sec. 87001. Date for determining consolidated assets.

TITLE LXXXVIII--STATE LICENSING EFFICIENCY

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

TITLE LXXXIX--HELPING EXPAND LENDING PRACTICES IN RURAL COMMUNITIES

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

DIVISION A--SURFACE TRANSPORTATION

SEC. 1001. <>  DEFINITIONS.

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

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

[[Page 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. <>  EFFECTIVE DATE.

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

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

TITLE I--FEDERAL-AID HIGHWAYS

Subtitle A--Authorizations and Programs

SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.

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

[[Page 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) <>  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 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 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 1326]]

SEC. 1102. <>  OBLIGATION CEILING.

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

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

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

[[Page 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 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 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 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 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 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. <>  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 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 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 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 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 1337]]

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

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

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

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

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

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

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

[[Page 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. <>  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 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 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 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 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 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) <>  Chapter 1.--
Chapter 1 of title 23, United States Code, is amended by
striking ``surface transportation program'' each

[[Page 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, <>  is
amended by striking the item relating to section 133 and
inserting the following:

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

(B) Chapter 2.--The item relating to section 213 in
the analysis for chapter 2 of title 23, United States
Code, is <>  repealed.
(7) <>  Other references.--Any
reference in any other law, regulation, document, paper, or
other record of the United States to the surface transportation
program under section 133 of title 23, United States Code, shall
be deemed to be a reference to the surface transportation block
grant program under such section.
SEC. 1110. HIGHWAY USE TAX EVASION PROJECTS.

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

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

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

[[Page 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 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 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 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 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 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 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 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 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 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 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 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, <>  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 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 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 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. <>  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 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 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 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 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 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 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 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 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 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, <>  is amended by inserting
after the item relating to section 206 the following:

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

SEC. <>  1122. STATE FLEXIBILITY FOR
NATIONAL HIGHWAY SYSTEM MODIFICATIONS.

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

[[Page 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 1370]]

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

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

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

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

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

[[Page 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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) <>  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 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 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 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 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 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 1392]]

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

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

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

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

[[Page 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 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 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 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) <>  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 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, <>  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 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. <>  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 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, <>  is amended by inserting
after the item relating to section 304 the following:

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

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

(a) In General.--Title 49, United States Code, is amended by
inserting after section 306 the following:
``Sec. 307. <>  Improving State and
Federal agency engagement in environmental reviews

``(a) In General.--
``(1) Requests to provide funds.--A public entity receiving
financial assistance from the Department of Transportation for 1
or more projects, or for a program of projects, for a public
purpose may request that the Secretary allow the public entity
to provide funds to Federal agencies, including the Department,
State agencies, and Indian tribes participating in the
environmental planning and review process for the project,
projects, or program.
``(2) Use of funds.--The funds may be provided only to
support activities that directly and meaningfully contribute to
expediting and improving permitting and review processes,
including planning, approval, and consultation processes for the
project, projects, or program.

``(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 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, <>  is amended by inserting after section 309 the following:
``Sec. 310. <>  Aligning Federal environmental
reviews

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

[[Page 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 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, <>  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 1403]]

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

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

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

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

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

[[Page 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 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 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 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. <>  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 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 1409]]

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

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

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

SEC. 1404. DESIGN STANDARDS.

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

(b) <>  Design Standard Flexibility.--
Notwithstanding section 109(o) of title 23, United States Code, a State
may allow a local jurisdiction to use a roadway design publication that
is different from the roadway design publication used by the State in
which the local jurisdiction is located for the design of a project on a
roadway under the ownership of the local jurisdiction (other than a
highway on the Interstate System) if--
(1) the local jurisdiction is a direct recipient of Federal
funds for the project;
(2) the roadway design publication--
(A) is recognized by the Federal Highway
Administration; and
(B) is adopted by the local jurisdiction; and
(3) the design complies with all other applicable Federal
laws.

[[Page 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 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 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 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 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 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) <> 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 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) <> 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 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. <> 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 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, <> is amended by inserting
after the item relating to section 150 the following:

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

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

[[Page 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 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 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 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 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. <> 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 1424]]

SEC. <> 1421. PRODUCTIVE AND TIMELY
EXPENDITURE OF FUNDS.

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

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

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

[[Page 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. <> 1423. RELINQUISHMENT OF PARK-AND-
RIDE LOT FACILITIES.

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

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

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

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

[[Page 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. <> 1426. MOTORCYCLIST ADVISORY
COUNCIL.

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

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

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

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

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

[[Page 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. <> 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 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 1429]]

SEC. <> 1432. EMERGENCY EXEMPTIONS.

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

[[Page 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. <> REPORT ON HIGHWAY TRUST FUND
ADMINISTRATIVE EXPENDITURES.

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

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

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

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

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

[[Page 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, <> 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 1432]]

(d) <> Effective Date.--This section and
the amendments made by this section take effect on October 1, 2015.
SEC. 1437. <> BORDER STATE INFRASTRUCTURE.

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

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

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

[[Page 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. <> 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 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. <> 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 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. <> 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 1436]]

(2) $250,000 for administrative costs of carrying out the
program.
SEC. 1442. <> SAFETY FOR USERS.

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

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

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

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

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

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

[[Page 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 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 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 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 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 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 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 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-- <> PUBLIC
TRANSPORTATION
SEC. 3001. <> SHORT TITLE.

This title may be cited as the ``Federal Public Transportation Act
of 2015''.
SEC. 3002. DEFINITIONS.

Section 5302 of title 49, United States Code, is amended--
(1) in paragraph (1)--
(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 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 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 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 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 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 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 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 1454]]

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

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

[[Page 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 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 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 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 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 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 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 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) <> 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 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 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 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 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 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 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 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 <> 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 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 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 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 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 <> is amended by striking the item
relating to section 5314 and inserting the following:

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

[[Page 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) <> 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 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 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 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 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 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 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 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 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 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 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 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 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 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, <> is amended
by striking the item relating to section 5339 and inserting the
following:

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

SEC. 3018. <> OBLIGATION CEILING.

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

[[Page 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. <> 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 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 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 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 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 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. <> 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 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. <> 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 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 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) <> Effective Date.--The amendments made
by this section shall take effect on the first day of the first pay
period beginning on or after the first day of the first fiscal year
beginning after the date of enactment of this Act.
SEC. 3030. TECHNICAL AND CONFORMING CHANGES.

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

[[Page 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, <> are repealed.

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

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

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

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

TITLE IV--HIGHWAY TRAFFIC SAFETY

SEC. 4001. AUTHORIZATION OF APPROPRIATIONS.

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

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

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

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

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

[[Page 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 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 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, <> 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 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 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 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 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 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 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 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 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 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. <> 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 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. <> INCREASING PUBLIC AWARENESS
OF THE DANGERS OF DRUG-IMPAIRED DRIVING.

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

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

[[Page 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 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. <> 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 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 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 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 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 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 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 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 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 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 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 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 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, <> is amended by striking
the items relating to sections 31102, 31103, and 31104 and inserting the
following:

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

(e) Conforming Amendments.--
(1) Safety fitness of owners and operator; safety reviews of
new operators.--Section 31144(g) of title 49, United States
Code, is amended by striking paragraph (5).
(2) Information systems; performance and registration
information program.--Section 31106(b) of title 49, United
States Code, is amended by striking paragraph (4).
(3) Border enforcement grants.--Section 31107 of title 49,
United States Code, and the item relating to that section in the
analysis for chapter 311 of that title, <> are repealed.
(4) Performance and registration information system
management.--Section 31109 of title 49, United States Code, and
the item relating to that section in the analysis for chapter
311 of that title, <> are repealed.
(5) Commercial vehicle information systems and networks
deployment.--Section 4126 of SAFETEA-LU (49 U.S.C. 31106 note),
and the item relating to that section in the table of contents
contained in section 1(b) of that Act, are repealed.
(6) Safety data improvement program.--Section 4128 of
SAFETEA-LU (49 U.S.C. 31100 note), and the item relating to that
section in the table of contents contained in section 1(b) of
that Act, are repealed.
(7) Grant program for commercial motor vehicle operators.--
Section 4134 of SAFETEA-LU (49 U.S.C. 31301 note), and the item
relating to that section in the table of contents contained in
section 1(b) of that Act, are repealed.
(8) Maintenance of effort as condition on grants to
states.--Section 103(c) of the Motor Carrier Safety Improvement
Act of 1999 (49 U.S.C. 31102 note) is repealed.
(9) State compliance with cdl requirements.--Section 103(e)
of the Motor Carrier Safety Improvement Act of 1999 (49 U.S.C.
31102 note) is repealed.
(10) Border staffing standards.--Section 218(d) of the Motor
Carrier Safety Improvement Act of 1999 (49 U.S.C. 31133 note) is
amended--

[[Page 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) <> Effective Date.--The amendments
made by this section shall take effect on October 1, 2016.

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

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

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

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

``(b) Use of Funds.--The funds authorized by this section shall be
used for--
``(1) personnel costs;
``(2) administrative infrastructure;
``(3) rent;
``(4) information technology;
``(5) programs for research and technology, information
management, regulatory development, and the administration of
performance and registration information systems management
under section 31106(b);
``(6) programs for outreach and education under subsection
(c);
``(7) other operating expenses;
``(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 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, <> is amended by adding at the
end of the items relating to subchapter I the following:

``31110. Authorization of appropriations.''.

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

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

``(a) Financial Assistance Program.--

[[Page 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 1529]]

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

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

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

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

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

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

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

[[Page 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. <> 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 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 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. <> 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 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 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 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. <> 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 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. <> 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 1537]]

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

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

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

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

[[Page 1538]]

PART II--COMPLIANCE, SAFETY, ACCOUNTABILITY REFORM

SEC. 5221. <> CORRELATION STUDY.

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

(b) Scope of Study.--In carrying out the study commissioned pursuant
to subsection (a), the National Research Council--
(1) shall analyze--
(A) the accuracy with which the Behavior Analysis
and Safety Improvement Categories (referred to in this
part as ``BASIC'')--
(i) identify high risk carriers; and
(ii) predict or are correlated with future
crash risk, crash severity, or other safety
indicators for motor carriers, including the
highest risk carriers;
(B) the methodology used to calculate BASIC
percentiles and identify carriers for enforcement,
including the weights assigned to particular violations
and the tie between crash risk and specific regulatory
violations, with respect to accurately identifying and
predicting future crash risk for motor carriers;
(C) the relative value of inspection information and
roadside enforcement data;
(D) any data collection gaps or data sufficiency
problems that may exist and the impact of those gaps and
problems on the efficacy of the CSA program;
(E) the accuracy of safety data, including the use
of crash data from crashes in which a motor carrier was
free from fault;
(F) whether BASIC percentiles for motor carriers of
passengers should be calculated separately from motor
carriers of freight;
(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 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 1540]]

SEC. 5222. <> BEYOND COMPLIANCE.

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

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

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

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

[[Page 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. <> 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 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. <> 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 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. <> WINDSHIELD TECHNOLOGY.

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

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

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

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

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

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

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

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

[[Page 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) <> Guidelines.--Not later than 1 year
after the date of enactment of this Act, the Secretary of Health and
Human Services shall issue scientific and technical guidelines for hair
testing as a method of detecting the use of a controlled substance for
purposes of section 31306 of title 49, United States Code.
SEC. 5403. <> MEDICAL CERTIFICATION OF
VETERANS FOR COMMERCIAL DRIVER'S
LICENSES.

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

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

[[Page 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. <> 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 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) <> 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 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 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 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. <> 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 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) <> MAP-21.--Effective as of July 6,
2012, and as if included therein as enacted, MAP-21 (Public Law 112-141)
is amended as follows:
(1) Section 32108(a)(4) (126 Stat. 782) <> is amended by inserting ``for'' before ``each
additional day'' in the matter proposed to be struck.
(2) Section 32301(b)(3) (126 Stat. 786) <> is amended by striking ``by amending (a) to read as
follows:'' and inserting ``by striking subsection (a) and
inserting the following:''.
(3) Section 32302(c)(2)(B) (126 Stat. 789) <> is amended by striking ``section 32303(c)(1)'' and
inserting ``section 32302(c)(1)''.
(4) Section 32921(b) (126 Stat. 828) <> is amended, in the matter to be inserted, by striking
``(A) In addition'' and inserting the following:
``(A) In general.--In addition''.
(5) Section 32931(c) (126 Stat. 829) <> is amended--
(A) by striking ``Secretary'' and inserting
``Secretary of Transportation'' in the matter to be
struck; and
(B) by striking ``Secretary'' and inserting
``Secretary of Transportation'' in the matter to be
inserted.

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

(a) Transporting Property.--If the Secretary proceeds with a
rulemaking to determine whether to increase the minimum levels of
financial responsibility required under section 31139 of title 49,
United States Code, the Secretary shall consider, prior to issuing a
final rule--
(1) the rulemaking's potential impact on--
(A) the safety of motor vehicle transportation; and
(B) the motor carrier industry;

[[Page 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 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 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 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. <> 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 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 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. <> 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 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-- <> INNOVATION
SEC. 6001. <> SHORT TITLE.

This title may be cited as the ``Transportation for Tomorrow Act of
2015''.
SEC. 6002. <> AUTHORIZATION OF
APPROPRIATIONS.

(a) In General.--The following amounts are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account):
(1) Highway research and development program.--To carry out
section 503(b) of title 23, United States Code, $125,000,000 for
each of fiscal years 2016 through 2020.
(2) Technology and innovation deployment program.--To carry
out section 503(c) of title 23, United States Code--
(A) $67,000,000 for fiscal year 2016;
(B) $67,500,000 for fiscal year 2017;
(C) $67,500,000 for fiscal year 2018;
(D) $67,500,000 for fiscal year 2019; and
(E) $67,500,000 for fiscal year 2020.
(3) Training and education.--To carry out section 504 of
title 23, United States Code, $24,000,000 for each of fiscal
years 2016 through 2020.
(4) Intelligent transportation systems program.--To carry
out sections 512 through 518 of title 23, United States Code,
$100,000,000 for each of fiscal years 2016 through 2020.
(5) University transportation centers program.--To carry out
section 5505 of title 49, United States Code--
(A) $72,500,000 for fiscal year 2016;
(B) $75,000,000 for fiscal year 2017;
(C) $75,000,000 for fiscal year 2018;
(D) $77,500,000 for fiscal year 2019; and
(E) $77,500,000 for fiscal year 2020.
(6) Bureau of transportation statistics.--To carry out
chapter 63 of title 49, United States Code, $26,000,000 for each
of fiscal years 2016 through 2020.

(b) Administration.--The Federal Highway Administration shall--
(1) administer the programs described in paragraphs (1),
(2), and (3) of subsection (a); and
(2) in consultation with relevant modal administrations,
administer the programs described in subsection (a)(4).

[[Page 1562]]

(c) Applicability of Title 23, United States Code.--Funds authorized
to be appropriated by subsection (a) shall--
(1) be available for obligation in the same manner as if
those funds were apportioned under chapter 1 of title 23, United
States Code, except that the Federal share of the cost of a
project or activity carried out using those funds shall be 80
percent, unless otherwise expressly provided by this Act
(including the amendments by this Act) or otherwise determined
by the Secretary; and
(2) remain available until expended and not be transferable,
except as otherwise provided in this Act.
SEC. 6003. TECHNOLOGY AND INNOVATION DEPLOYMENT PROGRAM.

Section 503(c)(3) of title 23, United States Code, is amended--
(1) in subparagraph (C) by striking ``2013 through 2014''
and inserting ``2016 through 2020''; and
(2) by adding at the end the following:
``(D) Publication.--
``(i) In general.--Not less frequently than
annually, the Secretary shall issue and make
available to the public on an Internet website a
report on the cost and benefits from deployment of
new technology and innovations that substantially
and directly resulted from the program established
under this paragraph.
``(ii) Inclusions.--The report under clause
(i) may include an analysis of--
``(I) Federal, State, and local cost
savings;
``(II) project delivery time
improvements;
``(III) reduced fatalities; and
``(IV) congestion impacts.''.
SEC. 6004. ADVANCED TRANSPORTATION AND CONGESTION MANAGEMENT
TECHNOLOGIES DEPLOYMENT.

Section 503(c) of title 23, United States Code, is amended by adding
at the end the following:
``(4) Advanced transportation technologies deployment.--
``(A) In general.--Not later than 6 months after the
date of enactment of this paragraph, the Secretary shall
establish an advanced transportation and congestion
management technologies deployment initiative to provide
grants to eligible entities to develop model deployment
sites for large scale installation and operation of
advanced transportation technologies to improve safety,
efficiency, system performance, and infrastructure
return on investment.
``(B) Criteria.--The Secretary shall develop
criteria for selection of an eligible entity to receive
a grant under this paragraph, including how the
deployment of technology will--
``(i) reduce costs and improve return on
investments, including through the enhanced use of
existing transportation capacity;
``(ii) deliver environmental benefits that
alleviate congestion and streamline traffic flow;
``(iii) measure and improve the operational
performance of the applicable transportation
network;

[[Page 1563]]

``(iv) reduce the number and severity of
traffic crashes and increase driver, passenger,
and pedestrian safety;
``(v) collect, disseminate, and use real-time
traffic, transit, parking, and other
transportation-related information to improve
mobility, reduce congestion, and provide for more
efficient and accessible transportation;
``(vi) monitor transportation assets to
improve infrastructure management, reduce
maintenance costs, prioritize investment
decisions, and ensure a state of good repair;
``(vii) deliver economic benefits by reducing
delays, improving system performance, and
providing for the efficient and reliable movement
of goods and services; or
``(viii) accelerate the deployment of vehicle-
to-vehicle, vehicle-to-infrastructure, autonomous
vehicles, and other technologies.
``(C) Applications.--
``(i) Request.--Not later than 6 months after
the date of enactment of this paragraph, and for
every fiscal year thereafter, the Secretary shall
request applications in accordance with clause
(ii).
``(ii) Contents.--An application submitted
under this subparagraph shall include the
following:
``(I) Plan.--A plan to deploy and
provide for the long-term operation and
maintenance of advanced transportation
and congestion management technologies
to improve safety, efficiency, system
performance, and return on investment.
``(II) Objectives.--Quantifiable
system performance improvements, such
as--
``(aa) reducing traffic-
related crashes, congestion, and
costs;
``(bb) optimizing system
efficiency; and
``(cc) improving access to
transportation services.
``(III) Results.--Quantifiable
safety, mobility, and environmental
benefit projections such as data-driven
estimates of how the project will
improve the region's transportation
system efficiency and reduce traffic
congestion.
``(IV) Partnerships.--A plan for
partnering with the private sector or
public agencies, including multimodal
and multijurisdictional entities,
research institutions, organizations
representing transportation and
technology leaders, or other
transportation stakeholders.
``(V) Leveraging.--A plan to
leverage and optimize existing local and
regional advanced transportation
technology investments.
``(D) Grant selection.--
``(i) Grant awards.--Not later than 1 year
after the date of enactment of this paragraph, and
for every fiscal year thereafter, the Secretary
shall award grants

[[Page 1564]]

to not less than 5 and not more than 10 eligible
entities.
``(ii) Geographic diversity.--In awarding a
grant under this paragraph, the Secretary shall
ensure, to the extent practicable, that grant
recipients represent diverse geographic areas of
the United States, including urban and rural
areas.
``(iii) Technology diversity.--In awarding a
grant under this paragraph, the Secretary shall
ensure, to the extent practicable, that grant
recipients represent diverse technology solutions.
``(E) Use of grant funds.--A grant recipient may use
funds awarded under this paragraph to deploy advanced
transportation and congestion management technologies,
including--
``(i) advanced traveler information systems;
``(ii) advanced transportation management
technologies;
``(iii) infrastructure maintenance,
monitoring, and condition assessment;
``(iv) advanced public transportation systems;
``(v) transportation system performance data
collection, analysis, and dissemination systems;
``(vi) advanced safety systems, including
vehicle-to-vehicle and vehicle-to-infrastructure
communications, technologies associated with
autonomous vehicles, and other collision avoidance
technologies, including systems using cellular
technology;
``(vii) integration of intelligent
transportation systems with the Smart Grid and
other energy distribution and charging systems;
``(viii) electronic pricing and payment
systems; or
``(ix) advanced mobility and access
technologies, such as dynamic ridesharing and
information systems to support human services for
elderly and disabled individuals.
``(F) Report to secretary.--For each eligible entity
that receives a grant under this paragraph, not later
than 1 year after the entity receives the grant, and
each year thereafter, the entity shall submit a report
to the Secretary that describes--
``(i) deployment and operational costs of the
project compared to the benefits and savings the
project provides; and
``(ii) how the project has met the original
expectations projected in the deployment plan
submitted with the application, such as--
``(I) data on how the project has
helped reduce traffic crashes,
congestion, costs, and other benefits of
the deployed systems;
``(II) data on the effect of
measuring and improving transportation
system performance through the
deployment of advanced technologies;
``(III) the effectiveness of
providing real-time integrated traffic,
transit, and multimodal transportation
information to the public to make
informed travel decisions; and

[[Page 1565]]

``(IV) lessons learned and
recommendations for future deployment
strategies to optimize transportation
efficiency and multimodal system
performance.
``(G) Report.--Not later than 3 years after the date
that the first grant is awarded under this paragraph,
and each year thereafter, the Secretary shall make
available to the public on an Internet website a report
that describes the effectiveness of grant recipients in
meeting their projected deployment plans, including data
provided under subparagraph (F) on how the program has--
``(i) reduced traffic-related fatalities and
injuries;
``(ii) reduced traffic congestion and improved
travel time reliability;
``(iii) reduced transportation-related
emissions;
``(iv) optimized multimodal system
performance;
``(v) improved access to transportation
alternatives;
``(vi) provided the public with access to
real-time integrated traffic, transit, and
multimodal transportation information to make
informed travel decisions;
``(vii) provided cost savings to
transportation agencies, businesses, and the
traveling public; or
``(viii) provided other benefits to
transportation users and the general public.
``(H) Additional grants.--The Secretary may cease to
provide additional grant funds to a recipient of a grant
under this paragraph if--
``(i) the Secretary determines from such
recipient's report that the recipient is not
carrying out the requirements of the grant; and
``(ii) the Secretary provides written notice
60 days prior to withholding funds to the
Committees on Transportation and Infrastructure
and Science, Space, and Technology of the House of
Representatives and the Committees on Environment
and Public Works and Commerce, Science, and
Transportation of the Senate.
``(I) Funding.--
``(i) In general.--From funds made available
to carry out subsection (b), this subsection, and
sections 512 through 518, the Secretary shall set
aside for grants awarded under subparagraph (D)
$60,000,000 for each of fiscal years 2016 through
2020.
``(ii) Expenses for the secretary.--Of the
amounts set aside under clause (i), the Secretary
may set aside $2,000,000 each fiscal year for
program reporting, evaluation, and administrative
costs related to this paragraph.
``(J) Federal share.--The Federal share of the cost
of a project for which a grant is awarded under this
subsection shall not exceed 50 percent of the cost of
the project.
``(K) Grant limitation.--The Secretary may not award
more than 20 percent of the amount described under
subparagraph (I) in a fiscal year to a single grant
recipient.
``(L) Expenses for grant recipients.--A grant
recipient under this paragraph may use not more than

[[Page 1566]]

5 percent of the funds awarded each fiscal year to carry
out planning and reporting requirements.
``(M) Grant flexibility.--
``(i) In general.--If, by August 1 of each
fiscal year, the Secretary determines that there
are not enough grant applications that meet the
requirements described in subparagraph (C) to
carry out this section for a fiscal year, the
Secretary shall transfer to the programs specified
in clause (ii)--
``(I) any of the funds reserved for
the fiscal year under subparagraph (I)
that the Secretary has not yet awarded
under this paragraph; and
``(II) an amount of obligation
limitation equal to the amount of funds
that the Secretary transfers under
subclause (I).
``(ii) Programs.--The programs referred to in
clause (i) are--
``(I) the program under subsection
(b);
``(II) the program under this
subsection; and
``(III) the programs under sections
512 through 518.
``(iii) Distribution.--Any transfer of funds
and obligation limitation under clause (i) shall
be divided among the programs referred to in that
clause in the same proportions as the Secretary
originally reserved funding from the programs for
the fiscal year under subparagraph (I).
``(N) Definitions.--In this paragraph, the following
definitions apply:
``(i) Eligible entity.--The term `eligible
entity' means a State or local government, a
transit agency, metropolitan planning organization
representing a population of over 200,000, or
other political subdivision of a State or local
government or a multijurisdictional group or a
consortia of research institutions or academic
institutions.
``(ii) Advanced and congestion management
transportation technologies.--The term `advanced
transportation and congestion management
technologies' means technologies that improve the
efficiency, safety, or state of good repair of
surface transportation systems, including
intelligent transportation systems.
``(iii) Multijurisdictional group.--The term
`multijurisdictional group' means a any
combination of State governments, local
governments, metropolitan planning agencies,
transit agencies, or other political subdivisions
of a State for which each member of the group--
``(I) has signed a written agreement
to implement the advanced transportation
technologies deployment initiative
across jurisdictional boundaries; and
``(II) is an eligible entity under
this paragraph.''.

[[Page 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. <> Infrastructure development

``Funds made available to carry out this chapter for operational
tests of intelligent transportation systems--
``(1) shall be used primarily for the development of
intelligent transportation system infrastructure, equipment, and
systems; and

[[Page 1568]]

``(2) to the maximum extent practicable, shall not be used
for the construction of physical surface transportation
infrastructure unless the construction is incidental and
critically necessary to the implementation of an intelligent
transportation system project.''.

(b) Technical and Conforming Amendments.--
(1) Clerical amendment.--The analysis for chapter 5 of title
23, United States Code, is amended by adding at the end the
following:

``519. Infrastructure development.''.

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

``330. Research activities.''.

(d) Technical and Conforming Amendments.--
(1) Title 5 amendments.--

[[Page 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, <> 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 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, <> 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 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 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 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 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 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. <> 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 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 <> is amended by adding at the end
the following:

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

SEC. 6019. <> RESEARCH PLANNING.

(a) Findings.--Congress finds that--
(1) Federal transportation research planning--
(A) should be coordinated by the Office of the
Secretary; and
(B) should be, to the extent practicable, multimodal
and not occur solely within the sub-agencies of the
Department;
(2) managing a multimodal research portfolio within the
Office of the Secretary will--
(A) help identify opportunities in which research
could be applied across modes; and
(B) prevent duplication of efforts and waste of
limited Federal resources;
(3) the Assistant Secretary for Research and Technology at
the Department of Transportation will--
(A) give stakeholders a formal opportunity to
address concerns;
(B) ensure unbiased research; and
(C) improve the overall research products of the
Department; and
(4) increasing transparency of transportation research and
development efforts will--

[[Page 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, <> is amended by inserting after
chapter 63 the following:

``CHAPTER 65--RESEARCH PLANNING

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

``SEC. 6501. <> ANNUAL MODAL RESEARCH PLANS.

``(a) Modal Plans Required.--
``(1) In general.--Not later than May 1 of each year, the
head of each modal administration and joint program office of
the Department of Transportation shall submit to the Assistant
Secretary for Research and Technology of the Department of
Transportation (referred to in this chapter as the `Assistant
Secretary') a comprehensive annual modal research plan for the
upcoming fiscal year and a detailed outlook for the following
fiscal year.
``(2) Relationship to strategic plan.--Each plan submitted
under paragraph (1), after the plan required in 2016, shall be
consistent with the strategic plan developed under section 6503.

``(b) Review.--
``(1) In general.--Not later than September 1 of each year,
the Assistant Secretary, for each plan and outlook submitted
pursuant to subsection (a), shall--
``(A) review the scope of the research; and
``(B)(i) approve the plan and outlook; or
``(ii) request that the plan and outlook be revised
and resubmitted for approval.
``(2) Publications.--Not later than January 30 of each year,
the Secretary shall publish on a public website each plan and
outlook that has been approved under paragraph (1)(B)(i).
``(3) Rejection of duplicative research efforts.--The
Assistant Secretary may not approve any plan submitted by the
head of a modal administration or joint program office pursuant
to subsection (a) if any of the projects described in the plan
duplicate significant aspects of research efforts of any other
modal administration.

``(c) Funding Limitations.--No funds may be expended by the
Department of Transportation on research that has been determined by the
Assistant Secretary under subsection (b)(3) to be duplicative unless--
``(1) the research is required by an Act of Congress;
``(2) the research was part of a contract that was funded
before the date of enactment of this chapter;
``(3) the research updates previously commissioned research;
or

[[Page 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. <> 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 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. <> 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 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, <> 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 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. <> 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 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 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 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. <> COLLABORATION AND SUPPORT.

The Secretary may solicit the support of, and identify opportunities
to collaborate with, other Federal research agencies and

[[Page 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 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. <> 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 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-- <> HAZARDOUS MATERIALS TRANSPORTATION
SEC. 7001. <> SHORT TITLE.

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

Subtitle A--Authorizations

SEC. 7101. AUTHORIZATION OF APPROPRIATIONS.

Section 5128 of title 49, United States Code, is amended to read as
follows:
``Sec. 5128. Authorization of appropriations

``(a) In General.--There are authorized to be appropriated to the
Secretary to carry out this chapter (except sections 5107(e),
5108(g)(2), 5113, 5115, 5116, and 5119)--
``(1) $53,000,000 for fiscal year 2016;
``(2) $55,000,000 for fiscal year 2017;
``(3) $57,000,000 for fiscal year 2018;
``(4) $58,000,000 for fiscal year 2019; and
``(5) $60,000,000 for fiscal year 2020.

``(b) Hazardous Materials Emergency Preparedness Fund.--From the
Hazardous Materials Emergency Preparedness Fund established under
section 5116(h), the Secretary may expend, for each of fiscal years 2016
through 2020--
``(1) $21,988,000 to carry out section 5116(a);
``(2) $150,000 to carry out section 5116(e);
``(3) $625,000 to publish and distribute the Emergency
Response Guidebook under section 5116(h)(3); and
``(4) $1,000,000 to carry out section 5116(i).

``(c) Hazardous Materials Training Grants.--From the Hazardous
Materials Emergency Preparedness Fund established pursuant to section
5116(h), the Secretary may expend $4,000,000 for each of fiscal years
2016 through 2020 to carry out section 5107(e).
``(d) Community Safety Grants.--Of the amounts made available under
subsection (a) to carry out this chapter, the Secretary shall withhold
$1,000,000 for each of fiscal years 2016 through 2020 to carry out
section 5107(i).
``(e) Credits to Appropriations.--
``(1) Expenses.--In addition to amounts otherwise made
available to carry out this chapter, the Secretary may credit
amounts received from a State, Indian tribe, or other public
authority or private entity for expenses the Secretary incurs in
providing training to the State, Indian tribe, authority, or
entity.
``(2) Availability of amounts.--Amounts made available under
this section shall remain available until expended.''.

[[Page 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 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 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) <> 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 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. <> 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 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. <> 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 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. <> 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 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 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. <> 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 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. <> 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 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 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. <> 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 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 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. <> 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 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 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 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, <> United States Code, is amended to read as follows:

[[Page 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. <> 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 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. <> National freight strategic
plan

``(a) In General.--Not later than 2 years after the date of
enactment of this section, the Under Secretary of Transportation for
Policy shall--
``(1) develop a national freight strategic plan in
accordance with this section; and
``(2) publish the plan on the public Internet Web site of
the Department of Transportation.

``(b) Contents.--The national freight strategic plan shall include--
``(1) an assessment of the condition and performance of the
National Multimodal Freight Network established under section
70103;
``(2) forecasts of freight volumes for the succeeding 5-,
10-, and 20-year periods;
``(3) an identification of major trade gateways and national
freight corridors that connect major population centers, trade
gateways, and other major freight generators;
``(4) an identification of bottlenecks on the National
Multimodal Freight Network that create significant freight
congestion, based on a quantitative methodology developed by the
Under Secretary, which shall include, at a minimum--
``(A) information from the Freight Analysis
Framework of the Federal Highway Administration; and
``(B) to the maximum extent practicable, an estimate
of the cost of addressing each bottleneck and any
operational improvements that could be implemented;
``(5) an assessment of statutory, regulatory, technological,
institutional, financial, and other barriers to improved freight
transportation performance, and a description of opportunities
for overcoming the barriers;
``(6) a process for addressing multistate projects and
encouraging jurisdictions to collaborate;
``(7) strategies to improve freight intermodal connectivity;
``(8) an identification of corridors providing access to
energy exploration, development, installation, or production
areas;
``(9) an identification of corridors providing access to
major areas for manufacturing, agriculture, or natural
resources;
``(10) an identification of best practices for improving the
performance of the National Multimodal Freight Network,
including critical commerce corridors and rural and urban access
to critical freight corridors; and
``(11) an identification of best practices to mitigate the
impacts of freight movement on communities.

[[Page 1607]]

``(c) Updates.--Not later than 5 years after the date of completion
of the national freight strategic plan under subsection (a), and every 5
years thereafter, the Under Secretary shall update the plan and publish
the updated plan on the public Internet Web site of the Department of
Transportation.
``(d) Consultation.--The Under Secretary shall develop and update
the national freight strategic plan--
``(1) after providing notice and an opportunity for public
comment; and
``(2) in consultation with State departments of
transportation, metropolitan planning organizations, and other
appropriate public and private transportation stakeholders.
``Sec. 70103. <> National Multimodal Freight
Network

``(a) In General.--The Under Secretary of Transportation for Policy
shall establish a National Multimodal Freight Network in accordance with
this section--
``(1) to assist States in strategically directing resources
toward improved system performance for the efficient movement of
freight on the Network;
``(2) to inform freight transportation planning;
``(3) to assist in the prioritization of Federal investment;
and
``(4) to assess and support Federal investments to achieve
the national multimodal freight policy goals described in
section 70101(b) of this title and the national highway freight
program goals described in section 167 of title 23.

``(b) Interim Network.--
``(1) In general.--Not later than 180 days after the date of
enactment of this section, the Under Secretary shall establish
an interim National Multimodal Freight Network in accordance
with this subsection.
``(2) Network components.--The interim National Multimodal
Freight Network shall include--
``(A) the National Highway Freight Network, as
established under section 167 of title 23;
``(B) the freight rail systems of Class I railroads,
as designated by the Surface Transportation Board;
``(C) the public ports of the United States that
have total annual foreign and domestic trade of at least
2,000,000 short tons, as identified by the Waterborne
Commerce Statistics Center of the Army Corps of
Engineers, using the data from the latest year for which
such data is available;
``(D) the inland and intracoastal waterways of the
United States, as described in section 206 of the Inland
Waterways Revenue Act of 1978 (33 U.S.C. 1804);
``(E) the Great Lakes, the St. Lawrence Seaway, and
coastal and ocean routes along which domestic freight is
transported;
``(F) the 50 airports located in the United States
with the highest annual landed weight, as identified by
the Federal Aviation Administration; and
``(G) other strategic freight assets, including
strategic intermodal facilities and freight rail lines
of Class II and Class III railroads, designated by the
Under Secretary as critical to interstate commerce.

[[Page 1608]]

``(c) Final Network.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Under Secretary, after soliciting
input from stakeholders, including multimodal freight system
users, transportation providers, metropolitan planning
organizations, local governments, ports, airports, railroads,
and States, through a public process to identify critical
freight facilities and corridors, including critical commerce
corridors, that are vital to achieve the national multimodal
freight policy goals described in section 70101(b) of this title
and the national highway freight program goals described in
section 167 of title 23, and after providing notice and an
opportunity for comment on a draft system, shall designate a
National Multimodal Freight Network with the goal of--
``(A) improving network and intermodal connectivity;
and
``(B) using measurable data as part of the
assessment of the significance of freight movement,
including the consideration of points of origin,
destinations, and linking components of domestic and
international supply chains.
``(2) Factors.--In designating or redesignating the National
Multimodal Freight Network, the Under Secretary shall consider--
``(A) origins and destinations of freight movement
within, to, and from the United States;
``(B) volume, value, tonnage, and the strategic
importance of freight;
``(C) access to border crossings, airports,
seaports, and pipelines;
``(D) economic factors, including balance of trade;
``(E) access to major areas for manufacturing,
agriculture, or natural resources;
``(F) access to energy exploration, development,
installation, and production areas;
``(G) intermodal links and intersections that
promote connectivity;
``(H) freight choke points and other impediments
contributing to significant measurable congestion, delay
in freight movement, or inefficient modal connections;
``(I) impacts on all freight transportation modes
and modes that share significant freight infrastructure;
``(J) facilities and transportation corridors
identified by a multi-State coalition, a State, a State
freight advisory committee, or a metropolitan planning
organization, using national or local data, as having
critical freight importance to the region;
``(K) major distribution centers, inland intermodal
facilities, and first- and last-mile facilities; and
``(L) the significance of goods movement, including
consideration of global and domestic supply chains.
``(3) Considerations.--In designating or redesignating the
National Multimodal Freight Network, the Under Secretary shall--
``(A) use, to the extent practicable, measurable
data to assess the significance of goods movement,
including the consideration of points of origin,
destinations, and

[[Page 1609]]

linking components of the United States global and
domestic supply chains;
``(B) consider--
``(i) the factors described in paragraph (2);
and
``(ii) any changes in the economy that affect
freight transportation network demand; and
``(C) provide the States with an opportunity to
submit proposed designations in accordance with
paragraph (4).
``(4) State input.--
``(A) In general.--Each State that proposes
additional designations for the National Multimodal
Freight Network shall--
``(i) consider nominations for additional
designations from metropolitan planning
organizations and State freight advisory
committees, as applicable, within the State;
``(ii) consider nominations for additional
designations from owners and operators of port,
rail, pipeline, and airport facilities; and
``(iii) ensure that additional designations
are consistent with the State transportation
improvement program or freight plan.
``(B) Critical rural freight facilities and
corridors.--As part of the designations under
subparagraph (A), a State may designate a freight
facility or corridor within the borders of the State as
a critical rural freight facility or corridor if the
facility or corridor--
``(i) is a rural principal arterial;
``(ii) provides access or service to energy
exploration, development, installation, or
production areas;
``(iii) provides access or service to--
``(I) a grain elevator;
``(II) an agricultural facility;
``(III) a mining facility;
``(IV) a forestry facility; or
``(V) an intermodal facility;
``(iv) connects to an international port of
entry;
``(v) provides access to a significant air,
rail, water, or other freight facility in the
State; or
``(vi) has been determined by the State to be
vital to improving the efficient movement of
freight of importance to the economy of the State.
``(C) Limitation.--
``(i) In general.--A State may propose
additional designations to the National Multimodal
Freight Network in the State in an amount that is
not more than 20 percent of the total mileage
designated by the Under Secretary in the State.
``(ii) Determination by under secretary.--The
Under Secretary shall determine how to apply the
limitation under clause (i) to the components of
the National Multimodal Freight Network.
``(D) Submission and certification.--A State shall
submit to the Under Secretary--
``(i) a list of any additional designations
proposed to be added under this paragraph; and
``(ii) a certification that--

[[Page 1610]]

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

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

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

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

``Sec. 70201. <> State freight advisory
committees

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

``(a) In General.--Each State that receives funding under section
167 of title 23 shall develop a freight plan that provides a
comprehensive plan for the immediate and long-range planning activities
and investments of the State with respect to freight.
``(b) Plan Contents.--A State freight plan described in subsection
(a) shall include, at a minimum--
``(1) an identification of significant freight system
trends, needs, and issues with respect to the State;
``(2) a description of the freight policies, strategies, and
performance measures that will guide the freight-related
transportation investment decisions of the State;
``(3) when applicable, a listing of--
``(A) multimodal critical rural freight facilities
and corridors designated within the State under section
70103 of this title; and

[[Page 1611]]

``(B) critical rural and urban freight corridors
designated within the State under section 167 of title
23;
``(4) a description of how the plan will improve the ability
of the State to meet the national multimodal freight policy
goals described in section 70101(b) of this title and the
national highway freight program goals described in section 167
of title 23;
``(5) a description of how innovative technologies and
operational strategies, including freight intelligent
transportation systems, that improve the safety and efficiency
of freight movement, were considered;
``(6) in the case of roadways on which travel by heavy
vehicles (including mining, agricultural, energy cargo or
equipment, and timber vehicles) is projected to substantially
deteriorate the condition of the roadways, a description of
improvements that may be required to reduce or impede the
deterioration;
``(7) an inventory of facilities with freight mobility
issues, such as bottlenecks, within the State, and for those
facilities that are State owned or operated, a description of
the strategies the State is employing to address the freight
mobility issues;
``(8) consideration of any significant congestion or delay
caused by freight movements and any strategies to mitigate that
congestion or delay;
``(9) a freight investment plan that, subject to subsection
(c)(2), includes a list of priority projects and describes how
funds made available to carry out section 167 of title 23 would
be invested and matched; and
``(10) consultation with the State freight advisory
committee, if applicable.

``(c) Relationship to Long-Range Plan.--
``(1) Incorporation.--A State freight plan described in
subsection (a) may be developed separately from or incorporated
into the statewide strategic long-range transportation plan
required by section 135 of title 23.
``(2) Fiscal constraint.--The freight investment plan
component of a freight plan shall include a project, or an
identified phase of a project, only if funding for completion of
the project can reasonably be anticipated to be available for
the project within the time period identified in the freight
investment plan.

``(d) Planning Period.--A State freight plan described in subsection
(a) shall address a 5-year forecast period.
``(e) Updates.--
``(1) In general.--A State shall update a State freight plan
described in subsection (a) not less frequently than once every
5 years.
``(2) Freight investment plan.--A State may update a freight
investment plan described in subsection (b)(9) more frequently
than is required under paragraph (1).
``Sec. 70203. <> Transportation investment
data and planning tools

``(a) In General.--Not later than 1 year after the date of enactment
of this section, the Secretary of Transportation shall--
``(1) begin development of new tools and improvement of
existing tools to support an outcome-oriented, performance-

[[Page 1612]]

based approach to evaluate proposed freight-related and other
transportation projects, including--
``(A) methodologies for systematic analysis of
benefits and costs on a national or regional basis;
``(B) tools for ensuring that the evaluation of
freight-related and other transportation projects could
consider safety, economic competitiveness, urban and
rural access, environmental sustainability, and system
condition in the project selection process;
``(C) improved methods for data collection and trend
analysis;
``(D) encouragement of public-private collaboration
to carry out data sharing activities while maintaining
the confidentiality of all proprietary data; and
``(E) other tools to assist in effective
transportation planning;
``(2) identify transportation-related model data elements to
support a broad range of evaluation methods and techniques to
assist in making transportation investment decisions; and
``(3) at a minimum, in consultation with other relevant
Federal agencies, consider any improvements to existing freight
flow data collection efforts that could reduce identified
freight data gaps and deficiencies and help improve forecasts of
freight transportation demand.

``(b) Consultation.--The Secretary shall consult with Federal,
State, and other stakeholders to develop, improve, and implement the
tools and collect the data described in subsection (a).
``Sec. 70204. <>  Savings provision

``Nothing in this subtitle provides additional authority to regulate
or direct private activity on freight networks designated under this
subtitle.''.
(b) Clerical Amendment.--The analysis of subtitles for title 49,
United States Code, <>  is amended by striking
the item relating to subtitle IX and inserting the following:

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

TITLE IX--NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE BUREAU

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

(a) In General.--Chapter 1 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 116. <>  National Surface Transportation
and Innovative Finance Bureau

``(a) Establishment.--The Secretary of Transportation shall
establish a National Surface Transportation and Innovative Finance
Bureau in the Department.
``(b) Purposes.--The purposes of the Bureau shall be--
``(1) to provide assistance and communicate best practices
and financing and funding opportunities to eligible entities for
the programs referred to in subsection (d)(1);

[[Page 1613]]

``(2) to administer the application processes for programs
within the Department in accordance with subsection (d);
``(3) to promote innovative financing best practices in
accordance with subsection (e);
``(4) to reduce uncertainty and delays with respect to
environmental reviews and permitting in accordance with
subsection (f); and
``(5) to reduce costs and risks to taxpayers in project
delivery and procurement in accordance with subsection (g).

``(c) Executive Director.--
``(1) Appointment.--The Bureau shall be headed by an
Executive Director, who shall be appointed in the competitive
service by the Secretary, with the approval of the President.
``(2) Duties.--The Executive Director shall--
``(A) report to the Under Secretary of
Transportation for Policy;
``(B) be responsible for the management and
oversight of the daily activities, decisions,
operations, and personnel of the Bureau;
``(C) support the Council on Credit and Finance
established under section 117 in accordance with this
section; and
``(D) carry out such additional duties as the
Secretary may prescribe.

``(d) Administration of Certain Application Processes.--
``(1) In general.--The Bureau shall administer the
application processes for the following programs:
``(A) The infrastructure finance programs authorized
under chapter 6 of title 23.
``(B) The railroad rehabilitation and improvement
financing program authorized under sections 501 through
503 of the Railroad Revitalization and Regulatory Reform
Act of 1976 (45 U.S.C. 821-823).
``(C) Amount allocations authorized under section
142(m) of the Internal Revenue Code of 1986.
``(D) The nationally significant freight and highway
projects program under section 117 of title 23.
``(2) Congressional notification.--The Executive Director
shall ensure that the congressional notification requirements
for each program referred to in paragraph (1) are followed in
accordance with the statutory provisions applicable to the
program.
``(3) Reports.--The Executive Director shall ensure that the
reporting requirements for each program referred to in paragraph
(1) are followed in accordance with the statutory provisions
applicable to the program.
``(4) Coordination.--In administering the application
processes for the programs referred to in paragraph (1), the
Executive Director shall coordinate with appropriate officials
in the Department and its modal administrations responsible for
administering such programs.
``(5) Streamlining approval processes.--Not later than 1
year after the date of enactment of this section, the Executive
Director shall submit to the Committee on Transportation and

[[Page 1614]]

Infrastructure of the House of Representatives and the Committee
on Commerce, Science, and Transportation, the Committee on
Banking, Housing, and Urban Affairs, and the Committee on
Environment and Public Works of the Senate a report that--
``(A) evaluates the application processes for the
programs referred to in paragraph (1);
``(B) identifies administrative and legislative
actions that would improve the efficiency of the
application processes without diminishing Federal
oversight; and
``(C) describes how the Executive Director will
implement administrative actions identified under
subparagraph (B) that do not require an Act of Congress.
``(6) Procedures and transparency.--
``(A) Procedures.--With respect to the programs
referred to in paragraph (1), the Executive Director
shall--
``(i) establish procedures for analyzing and
evaluating applications and for utilizing the
recommendations of the Council on Credit and
Finance;
``(ii) establish procedures for addressing
late-arriving applications, as applicable, and
communicating the Bureau's decisions for accepting
or rejecting late applications to the applicant
and the public; and
``(iii) document major decisions in the
application evaluation process through a decision
memorandum or similar mechanism that provides a
clear rationale for such decisions.
``(B) Review.--
``(i) In general.--The Comptroller General of
the United States shall review the compliance of
the Executive Director with the requirements of
this paragraph.
``(ii) Recommendations.--The Comptroller
General may make recommendations to the Executive
Director in order to improve compliance with the
requirements of this paragraph.
``(iii) Report.--Not later than 3 years after
the date of enactment of this section, the
Comptroller General shall submit to the Committee
on Transportation and Infrastructure of the House
of Representatives and the Committee on
Environment and Public Works, the Committee on
Banking, Housing, and Urban Affairs, and the
Committee on Commerce, Science, and Transportation
of the Senate a report on the results of the
review conducted under clause (i), including
findings and recommendations for improvement.

``(e) Innovative Financing Best Practices.--
``(1) In general.--The Bureau shall work with the modal
administrations within the Department, eligible entities, and
other public and private interests to develop and promote best
practices for innovative financing and public-private
partnerships.
``(2) Activities.--The Bureau shall carry out paragraph
(1)--
``(A) by making Federal credit assistance programs
more accessible to eligible recipients;

[[Page 1615]]

``(B) by providing advice and expertise to eligible
entities that seek to leverage public and private
funding;
``(C) by sharing innovative financing best practices
and case studies from eligible entities with other
eligible entities that are interested in utilizing
innovative financing methods; and
``(D) by developing and monitoring--
``(i) best practices with respect to
standardized State public-private partnership
authorities and practices, including best
practices related to--
``(I) accurate and reliable
assumptions for analyzing public-private
partnership procurements;
``(II) procedures for the handling
of unsolicited bids;
``(III) policies with respect to
noncompete clauses; and
``(IV) other significant terms of
public-private partnership procurements,
as determined appropriate by the Bureau;
``(ii) standard contracts for the most common
types of public-private partnerships for
transportation facilities; and
``(iii) analytical tools and other techniques
to aid eligible entities in determining the
appropriate project delivery model, including a
value for money analysis.
``(3) Transparency.--The Bureau shall--
``(A) ensure the transparency of a project receiving
credit assistance under a program referred to in
subsection (d)(1) and procured as a public-private
partnership by--
``(i) requiring the sponsor of the project to
undergo a value for money analysis or a comparable
analysis prior to deciding to advance the project
as a public-private partnership;
``(ii) requiring the analysis required under
subparagraph (A), and other key terms of the
relevant public-private partnership agreement, to
be made publicly available by the project sponsor
at an appropriate time;
``(iii) not later than 3 years after the date
of completion of the project, requiring the
sponsor of the project to conduct a review
regarding whether the private partner is meeting
the terms of the relevant public-private
partnership agreement; and
``(iv) providing a publicly available summary
of the total level of Federal assistance in such
project; and
``(B) develop guidance to implement this paragraph
that takes into consideration variations in State and
local laws and requirements related to public-private
partnerships.
``(4) Support to project sponsors.--At the request of an
eligible entity, the Bureau shall provide technical assistance
to the eligible entity regarding proposed public-private
partnership agreements for transportation facilities, including
assistance in performing a value for money analysis or
comparable analysis.

``(f) Environmental Review and Permitting.--

[[Page 1616]]

``(1) In general.--The Bureau shall take actions that are
appropriate and consistent with the Department's goals and
policies to improve the delivery timelines for projects carried
out under the programs referred to in subsection (d)(1).
``(2) Activities.--The Bureau shall carry out paragraph
(1)--
``(A) by serving as the Department's liaison to the
Council on Environmental Quality;
``(B) by coordinating efforts to improve the
efficiency and effectiveness of the environmental review
and permitting process;
``(C) by providing technical assistance and training
to field and headquarters staff of Federal agencies on
policy changes and innovative approaches to the delivery
of projects; and
``(D) by identifying, developing, and tracking
metrics for permit reviews and decisions by Federal
agencies for projects under the National Environmental
Policy Act of 1969.
``(3) Support to project sponsors.--At the request of an
eligible entity that is carrying out a project under a program
referred to in subsection (d)(1), the Bureau, in coordination
with the appropriate modal administrations within the
Department, shall provide technical assistance with regard to
the compliance of the project with the requirements of the
National Environmental Policy Act 1969 and relevant Federal
environmental permits.

``(g) Project Procurement.--
``(1) In general.--The Bureau shall promote best practices
in procurement for a project receiving assistance under a
program referred to in subsection (d)(1) by developing, in
coordination with modal administrations within the Department as
appropriate, procurement benchmarks in order to ensure
accountable expenditure of Federal assistance over the life
cycle of the project.
``(2) Procurement benchmarks.--To the maximum extent
practicable, the procurement benchmarks developed under
paragraph (1) shall--
``(A) establish maximum thresholds for acceptable
project cost increases and delays in project delivery;
``(B) establish uniform methods for States to
measure cost and delivery changes over the life cycle of
a project; and
``(C) be tailored, as necessary, to various types of
project procurements, including design-bid-build,
design-build, and public-private partnerships.
``(3) Data collection.--The Bureau shall--
``(A) collect information related to procurement
benchmarks developed under paragraph (1), including
project specific information detailed under paragraph
(2); and
``(B) provide on a publicly accessible Internet Web
site of the Department a report on the information
collected under subparagraph (A).

``(h) Elimination and Consolidation of Duplicative Offices.--

[[Page 1617]]

``(1) Elimination of offices.--The Secretary may eliminate
any office within the Department if the Secretary determines
that--
``(A) the purposes of the office are duplicative of
the purposes of the Bureau; and
``(B) the elimination of the office does not
adversely affect the obligations of the Secretary under
any Federal law.
``(2) Consolidation of offices and office functions.--The
Secretary may consolidate any office or office function within
the Department into the Bureau that the Secretary determines has
duties, responsibilities, resources, or expertise that support
the purposes of the Bureau.
``(3) Staffing and budgetary resources.--
``(A) In general.--The Secretary shall ensure that
the Bureau is adequately staffed and funded.
``(B) Staffing.--The Secretary may transfer to the
Bureau a position within the Department from any office
that is eliminated or consolidated under this subsection
if the Secretary determines that the position is
necessary to carry out the purposes of the Bureau.
``(C) Savings provision.--If the Secretary transfers
a position to the Bureau under subparagraph (B), the
Secretary, in coordination with the appropriate modal
administration, shall ensure that the transfer of the
position does not adversely affect the obligations of
the modal administration under any Federal law.
``(D) Budgetary resources.--
``(i) Transfer of funds from eliminated or
consolidated offices.--During the 2-year period
beginning on the date of enactment of this
section, the Secretary may transfer to the Bureau
funds allocated to any office or office function
that is eliminated or consolidated under this
subsection to carry out the purposes of the
Bureau.
``(ii) Transfer of funds allocated to
administrative costs.--During the 2-year period
beginning on the date of enactment of this
section, the Secretary may transfer to the Bureau
funds allocated to the administrative costs of
processing applications for the programs referred
to in subsection (d)(1).
``(4) Notification.--Not later than 90 days after the date
of enactment of this section, and every 90 days thereafter, the
Secretary shall notify the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee
on Environment and Public Works, the Committee on Banking,
Housing, and Urban Affairs, and the Committee on Commerce,
Science, and Transportation of the Senate of--
``(A) the offices eliminated under paragraph (1) and
the rationale for elimination of the offices;
``(B) the offices and office functions consolidated
under paragraph (2) and the rationale for consolidation
of the offices and office functions;
``(C) the actions taken under paragraph (3) and the
rationale for taking such actions; and
``(D) any additional legislative actions that may be
needed.

[[Page 1618]]

``(i) Savings Provisions.--
``(1) Laws and regulations.--Nothing in this section may be
construed to change a law or regulation with respect to a
program referred to in subsection (d)(1).
``(2) Responsibilities.--Nothing in this section may be
construed to abrogate the responsibilities of an agency,
operating administration, or office within the Department
otherwise charged by a law or regulation with other aspects of
program administration, oversight, or project approval or
implementation for the programs and projects subject to this
section.
``(3) Applicability.--Nothing in this section may be
construed to affect any pending application under 1 or more of
the programs referred to in subsection (d)(1) that was received
by the Secretary on or before the date of enactment of this
section.

``(j) Definitions.--In this section, the following definitions
apply:
``(1) Bureau.--The term `Bureau' means the National Surface
Transportation and Innovative Finance Bureau of the Department.
``(2) Department.--The term `Department' means the
Department of Transportation.
``(3) Eligible entity.--The term `eligible entity' means an
eligible applicant receiving financial or credit assistance
under 1 or more of the programs referred to in subsection
(d)(1).
``(4) Executive director.--The term `Executive Director'
means the Executive Director of the Bureau.
``(5) Multimodal project.--The term `multimodal project'
means a project involving the participation of more than 1 modal
administration or secretarial office within the Department.
``(6) Project.--The term `project' means a highway project,
public transportation capital project, freight or passenger rail
project, or multimodal project.''.

(b) Clerical Amendment.--The analysis for such chapter <>  is amended by adding at the end the following:

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

SEC. 9002. COUNCIL ON CREDIT AND FINANCE.

(a) In General.--Chapter 1 of title 49, United States Code, as
amended by this Act, is further amended by adding at the end the
following:
``Sec. 117. <>  Council on Credit and Finance

``(a) Establishment.--The Secretary of Transportation shall
establish a Council on Credit and Finance in accordance with this
section.
``(b) Membership.--
``(1) In general.--The Council shall be composed of the
following members:
``(A) The Deputy Secretary of Transportation.
``(B) The Under Secretary of Transportation for
Policy.
``(C) The Chief Financial Officer and Assistant
Secretary for Budget and Programs.
``(D) The General Counsel of the Department of
Transportation.
``(E) The Assistant Secretary for Transportation
Policy.

[[Page 1619]]

``(F) The Administrator of the Federal Highway
Administration.
``(G) The Administrator of the Federal Transit
Administration.
``(H) The Administrator of the Federal Railroad
Administration.
``(2) Additional members.--The Secretary may designate up to
3 additional officials of the Department to serve as at-large
members of the Council.
``(3) Chairperson and vice chairperson.--
``(A) Chairperson.--The Deputy Secretary of
Transportation shall serve as the chairperson of the
Council.
``(B) Vice chairperson.--The Chief Financial Officer
and Assistant Secretary for Budget and Programs shall
serve as the vice chairperson of the Council.
``(4) Executive director.--The Executive Director of the
National Surface Transportation and Innovative Finance Bureau
shall serve as a nonvoting member of the Council.

``(c) Duties.--The Council shall--
``(1) review applications for assistance submitted under the
programs referred to in subparagraphs (A), (B), and (C) of
section 116(d)(1);
``(2) review applications for assistance submitted under the
program referred to in section 116(d)(1)(D), as determined
appropriate by the Secretary;
``(3) make recommendations to the Secretary regarding the
selection of projects to receive assistance under such programs;
``(4) review, on a regular basis, projects that received
assistance under such programs; and
``(5) carry out such additional duties as the Secretary may
prescribe.''.

(b) Clerical Amendment.--The analysis for such chapter <>  is further amended by adding at the end the following:

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

TITLE X--SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY

SEC. 10001. ALLOCATIONS.

(a) Authorization.--Section 3 of the Dingell-Johnson Sport Fish
Restoration Act (16 U.S.C. 777b) is amended by striking ``57 percent''
and inserting ``58.012 percent''.
(b) In General.--Section 4 of the Dingell-Johnson Sport Fish
Restoration Act (16 U.S.C. 777c) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``For each'' and all that
follows through ``the balance'' and inserting
``For each fiscal year through fiscal year 2021,
the balance''; and
(ii) by striking ``multistate conservation
grants under section 14'' and inserting
``activities under section 14(e)'';
(B) in paragraph (1), by striking ``18.5 percent''
and inserting ``18.673 percent'';

[[Page 1620]]

(C) in paragraph (2) by striking ``18.5 percent''
and inserting ``17.315 percent'';
(D) by striking paragraphs (3) and (4);
(E) by redesignating paragraph (5) as paragraph (4);
and
(F) by inserting after paragraph (2) the following:
``(3) Boating infrastructure improvement.--
``(A) In general.--An amount equal to 4 percent to
the Secretary of the Interior for qualified projects
under section 5604(c) of the Clean Vessel Act of 1992
(33 U.S.C. 1322 note) and section 7404(d) of the
Sportfishing and Boating Safety Act of 1998 (16 U.S.C.
777g-1(d)).
``(B) Limitation.--Not more than 75 percent of the
amount under subparagraph (A) shall be available for
projects under either of the sections referred to in
subparagraph (A).'';
(2) in subsection (b)--
(A) in paragraph (1)(A) by striking ``for each'' and
all that follows through ``the Secretary'' and inserting
``for each fiscal year through fiscal year 2021, the
Secretary'';
(B) by redesignating paragraph (2) as paragraph (3);
(C) by inserting after paragraph (1) the following:
``(2) Set-aside for coast guard administration.--
``(A) In general.--From the annual appropriation
made in accordance with section 3, for each of fiscal
years 2016 through 2021, the Secretary of the department
in which the Coast Guard is operating may use no more
than the amount specified in subparagraph (B) for the
fiscal year for the purposes set forth in section
13107(c) of title 46, United States Code. The amount
specified in subparagraph (B) for a fiscal year may not
be included in the amount of the annual appropriation
distributed under subsection (a) for the fiscal year.
``(B) Available amounts.--The available amount
referred to in subparagraph (A) is--
``(i) for fiscal year 2016, $7,700,000; and
``(ii) for fiscal year 2017 and each fiscal
year thereafter, the sum of--
``(I) the available amount for the
preceding fiscal year; and
``(II) the amount determined by
multiplying--
``(aa) the available amount
for the preceding fiscal year;
and
``(bb) the change, relative
to the preceding fiscal year, in
the Consumer Price Index for All
Urban Consumers published by the
Department of Labor.''; and
(D) in paragraph (3), as so redesignated--
(i) in subparagraph (A), by striking ``until
the end of the fiscal year.'' and inserting
``until the end of the subsequent fiscal year.'';
and
(ii) in subparagraph (B) by striking ``under
subsection (e)'' and inserting ``under subsection
(c)'';
(3) in subsection (c)--
(A) by striking ``(c) The Secretary'' and inserting
``(c)(1) The Secretary,'';

[[Page 1621]]

(B) by striking ``grants under section 14 of this
title'' and inserting ``activities under section
14(e)'';
(C) by striking ``57 percent'' and inserting
``58.012 percent''; and
(D) by adding at the end the following:

``(2) The Secretary shall deduct from the amount to be apportioned
under paragraph (1) the amounts used for grants under section 14(a).'';
and
(4) in subsection (e)(1), by striking ``those subsections,''
and inserting ``those paragraphs,''.

(c) Submission and Approval of Plans and Projects.--Section 6(d) of
the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777e(d)) is
amended by striking ``for appropriations'' and inserting ``from
appropriations''.
(d) Unexpended or Unobligated Funds.--Section 8(b)(2) of the
Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777g(b)(2)) is
amended by striking ``57 percent'' and inserting ``58.012 percent''.
(e) Cooperation.--Section 12 of the Dingell-Johnson Sport Fish
Restoration Act (16 U.S.C. 777k) is amended--
(1) by striking ``57 percent'' and inserting ``58.012
percent''; and
(2) by striking ``under section 4(b)'' and inserting ``under
section 4(c)''.

(f) Other Activities.--Section 14 of the Dingell-Johnson Sport Fish
Restoration Act (16 U.S.C. 777m) is amended--
(1) in subsection (a)(1), by striking ``of each annual
appropriation made in accordance with the provisions of section
3''; and
(2) in subsection (e)--
(A) in the matter preceding paragraph (1) by
striking ``Of amounts made available under section 4(b)
for each fiscal year--'' and inserting ``Not more than
$1,200,000 of each annual appropriation made in
accordance with the provisions of section 3 shall be
distributed to the Secretary of the Interior for use as
follows:''; and
(B) in paragraph (1)(D) by striking ``; and'' and
inserting a period.

(g) Repeal.--The Dingell-Johnson Sport Fish Restoration Act (16
U.S.C. 777 et seq.) is amended--
(1) by striking section 15; and
(2) <>  by redesignating section 16
as section 15.
SEC. 10002. RECREATIONAL BOATING SAFETY.

Section 13107 of title 46, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``(1) Subject to paragraph (2) and
subsection (c),'' and inserting ``Subject to subsection
(c),'';
(B) by striking ``the sum of (A) the amount made
available from the Boat Safety Account for that fiscal
year under section 15 of the Dingell-Johnson Sport Fish
Restoration Act and (B)''; and
(C) by striking paragraph (2); and
(2) in subsection (c)--
(A) by striking the subsection designation and
paragraph (1) and inserting the following:

[[Page 1622]]

``(c)(1)(A) The Secretary may use amounts made available each fiscal
year under section 4(b)(2) of the Dingell-Johnson Sport Fish Restoration
Act (16 U.S.C. 777c(b)(2)) for payment of expenses of the Coast Guard
for investigations, personnel, and activities directly related to--
``(i) administering State recreational boating safety
programs under this chapter; or
``(ii) coordinating or carrying out the national
recreational boating safety program under this title.

``(B) Of the amounts used by the Secretary each fiscal year under
subparagraph (A)--
``(i) not less than $2,100,000 is available to ensure
compliance with chapter 43 of this title; and
``(ii) not more than $1,500,000 is available to conduct by
grant or contract a survey of levels of recreational boating
participation and related matters in the United States.''; and
(B) in paragraph (2)--
(i) by striking ``No funds'' and inserting
``On and after October 1, 2016, no funds''; and
(ii) by striking ``traditionally''.

TITLE XI <> --
RAIL
SEC. 11001. <>  SHORT TITLE.

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

Subtitle A--Authorizations

SEC. 11101. AUTHORIZATION OF GRANTS TO AMTRAK.

(a) Northeast Corridor.--There are authorized to be appropriated to
the Secretary for the use of Amtrak for activities associated with the
Northeast Corridor the following amounts:
(1) For fiscal year 2016, $450,000,000.
(2) For fiscal year 2017, $474,000,000.
(3) For fiscal year 2018, $515,000,000.
(4) For fiscal year 2019, $557,000,000.
(5) For fiscal year 2020, $600,000,000.

(b) National Network.--There are authorized to be appropriated to
the Secretary for the use of Amtrak for activities associated with the
National Network the following amounts:
(1) For fiscal year 2016, $1,000,000,000.
(2) For fiscal year 2017, $1,026,000,000.
(3) For fiscal year 2018, $1,085,000,000.
(4) For fiscal year 2019, $1,143,000,000.
(5) For fiscal year 2020, $1,200,000,000.

(c) Project Management Oversight.--The Secretary may withhold up to
one half of 1 percent of the amount appropriated under subsections (a)
and (b) for the costs of management oversight of Amtrak.
(d) Gulf Coast Working Group.--Of the total amount made available to
the Office of the Secretary of Transportation and the Federal Railroad
Administration, for each of fiscal years 2016 and 2017, $500,000 shall
be used to convene the Gulf Coast rail service

[[Page 1623]]

working group established under section 11304 of this Act and carry out
its responsibilities under such section.
(e) Competition.--In administering grants to Amtrak under section
24319 of title 49, United States Code, the Secretary may withhold, from
amounts that would otherwise be made available to Amtrak, such sums as
are necessary from the amount appropriated under subsection (b) of this
section to cover the operating subsidy described in section
24711(b)(1)(E)(ii) of title 49, United States Code.
(f) State-supported Route Committee.--The Secretary may withhold up
to $2,000,000 from the amount appropriated in each fiscal year under
subsection (b) of this section for the use of the State-Supported Route
Committee established under section 24712 of title 49, United States
Code.
(g) Northeast Corridor Commission.--The Secretary may withhold up to
$5,000,000 from the amount appropriated in each fiscal year under
subsection (a) of this section for the use of the Northeast Corridor
Commission established under section 24905 of title 49, United States
Code.
(h) Northeast Corridor.--For purposes of this section, the term
``Northeast Corridor'' means the Northeast Corridor main line between
Boston, Massachusetts, and the District of Columbia, and facilities and
services used to operate and maintain that line.
(i) Small Business Participation Study.--Of the total amount made
available to the Office of the Secretary of Transportation and the
Federal Railroad Administration, for each of fiscal years 2016 and 2017,
$1,500,000 shall be used to implement the small business participation
study authorized under section 11310 of this Act.
SEC. 11102. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY
IMPROVEMENTS.

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

(b) Project Management Oversight.--The Secretary may withhold up to
1 percent from the amount appropriated under subsection (a) of this
section for the costs of project management oversight of grants carried
out under section 24407 of title 49, United States Code.
SEC. 11103. FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD REPAIR.

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

[[Page 1624]]

(b) Project Management Oversight.--The Secretary may withhold up to
1 percent from the amount appropriated under subsection (a) of this
section for the costs of project management oversight of grants carried
out under section 24911 of title 49, United States Code.
SEC. 11104. RESTORATION AND ENHANCEMENT GRANTS.

(a) In General.--There are authorized to be appropriated to the
Secretary for grants under section 24408 of title 49, United States
Code, (as added by section 11303 of this Act), $20,000,000 for each of
fiscal years 2016 through 2020.
(b) Project Management Oversight.--The Secretary may withhold up to
1 percent from the amount appropriated under subsection (a) of this
section for the costs of project management oversight of grants carried
out under section 24408 of title 49, United States Code.
SEC. 11105. AUTHORIZATION OF APPROPRIATIONS FOR AMTRAK OFFICE OF
INSPECTOR GENERAL.

There are authorized to be appropriated to the Office of Inspector
General of Amtrak the following amounts:
(1) For fiscal year 2016, $20,000,000.
(2) For fiscal year 2017, $20,500,000.
(3) For fiscal year 2018, $21,000,000.
(4) For fiscal year 2019, $21,500,000.
(5) For fiscal year 2020, $22,000,000.
SEC. 11106. DEFINITIONS.

(a) Title 49 Amendments.--Section 24102 of title 49, United States
Code, is amended--
(1) by redesignating paragraphs (5) through (9) as
paragraphs (7) through (11), respectively;
(2) by inserting after paragraph (4) the following new
paragraphs:
``(5) `long-distance route' means a route described in
subparagraph (C) of paragraph (7).
``(6) `National Network' includes long-distance routes and
State-supported routes.''; and
(3) by adding at the end the following new paragraphs:
``(12) `state-of-good-repair' means a condition in which
physical assets, both individually and as a system, are--
``(A) performing at a level at least equal to that
called for in their as-built or as-modified design
specification during any period when the life cycle cost
of maintaining the assets is lower than the cost of
replacing them; and
``(B) sustained through regular maintenance and
replacement programs.
``(13) `State-supported route' means a route described in
subparagraph (B) or (D) of paragraph (7), or in section 24702,
that is operated by Amtrak, excluding those trains operated by
Amtrak on the routes described in paragraph (7)(A).''.

(b) Conforming Amendments.--
(1) Section 217 of the Passenger Rail Investment and
Improvement Act of 2008 (49 U.S.C. 24702 note) is amended by
striking ``24102(5)(D)'' and inserting ``24102(7)(D)''.
(2) Section 209(a) of the Passenger Rail Investment and
Improvement Act of 2008 (49 U.S.C. 24101 note) is amended

[[Page 1625]]

by striking ``24102(5)(B) and (D)'' and inserting ``24102(7)(B)
and (D)''.

Subtitle B--Amtrak Reforms

SEC. 11201. ACCOUNTS.

(a) In General.--Chapter 243 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 24317. <>  Accounts

``(a) Purpose.--The purpose of this section is to--
``(1) promote the effective use and stewardship by Amtrak of
Amtrak revenues, Federal, State, and third party investments,
appropriations, grants and other forms of financial assistance,
and other sources of funds; and
``(2) enhance the transparency of the assignment of revenues
and costs among Amtrak business lines while ensuring the health
of the Northeast Corridor and National Network.

``(b) Account Structure.--Not later than 180 days after the date of
enactment of the Passenger Rail Reform and Investment Act of 2015, the
Secretary of Transportation, in consultation with Amtrak, shall define
an account structure and improvements to accounting methodologies, as
necessary, to support, at a minimum, the Northeast Corridor and the
National Network.
``(c) Financial Sources.--In defining the account structure and
improvements to accounting methodologies required under subsection (b),
the Secretary shall ensure, to the greatest extent practicable, that
Amtrak assigns the following:
``(1) For the Northeast Corridor account, all revenues,
appropriations, grants and other forms of financial assistance,
compensation, and other sources of funds associated with the
Northeast Corridor, including--
``(A) grant funds appropriated for the Northeast
Corridor pursuant to section 11101(a) of the Passenger
Rail Reform and Investment Act of 2015 or any subsequent
Act;
``(B) compensation received from commuter rail
passenger transportation providers for such providers'
share of capital and operating costs on the Northeast
Corridor provided to Amtrak pursuant to section
24905(c); and
``(C) any operating surplus of the Northeast
Corridor, as allocated pursuant to section 24318.
``(2) For the National Network account, all revenues,
appropriations, grants and other forms of financial assistance,
compensation, and other sources of funds associated with the
National Network, including--
``(A) grant funds appropriated for the National
Network pursuant to section 11101(b) of the Passenger
Rail Reform and Investment Act of 2015 or any subsequent
Act;
``(B) compensation received from States provided to
Amtrak pursuant to section 209 of the Passenger Rail
Investment and Improvement Act of 2008 (42 U.S.C. 24101
note); and
``(C) any operating surplus of the National Network,
as allocated pursuant to section 24318.

[[Page 1626]]

``(d) Financial Uses.--In defining the account structure and
improvements to accounting methodologies required under subsection (b),
the Secretary shall ensure, to the greatest extent practicable, that
amounts assigned to the Northeast Corridor and National Network accounts
shall be used by Amtrak for the following:
``(1) For the Northeast Corridor, all associated costs,
including--
``(A) operating activities;
``(B) capital activities as described in section
24904(a)(2)(E);
``(C) acquiring, rehabilitating, manufacturing,
remanufacturing, overhauling, or improving equipment and
associated facilities used for intercity rail passenger
transportation by Northeast Corridor train services;
``(D) payment of principal and interest on loans for
capital projects described in this paragraph or for
capital leases attributable to the Northeast Corridor;
``(E) other capital projects on the Northeast
Corridor, determined appropriate by the Secretary, and
consistent with section 24905(c)(1)(A)(i); and
``(F) if applicable, capital projects described in
section 24904(b).
``(2) For the National Network, all associated costs,
including--
``(A) operating activities;
``(B) capital activities; and
``(C) the payment of principal and interest on loans
or capital leases attributable to the National Network.

``(e) Implementation and Reporting.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Passenger Rail Reform and Investment Act of
2015, Amtrak, in consultation with the Secretary, shall
implement any account structures and improvements defined under
subsection (b) so that Amtrak is able to produce profit and loss
statements for each of the business lines described in section
24320(b)(1) and, as appropriate, each of the asset categories
described in section 24320(c)(1) that identify sources and uses
of--
``(A) revenues;
``(B) appropriations; and
``(C) transfers between business lines.
``(2) Updated profit and loss statements.--Not later than 1
month after the implementation under paragraph (1), and monthly
thereafter, Amtrak shall submit updated profit and loss
statements for each of the business lines and asset categories
to the Secretary.

``(f) Account Management.--For the purposes of account management,
Amtrak may transfer funds between the Northeast Corridor account and
National Network account without prior notification and approval under
subsection (g) if such transfers--
``(1) do not materially impact Amtrak's ability to achieve
its anticipated financial, capital, and operating performance
goals for the fiscal year; and
``(2) would not materially change any grant agreement
entered into pursuant to section 24319(d), or other agreements
made pursuant to applicable Federal law.

[[Page 1627]]

``(g) Transfer Authority.--
``(1) In general.--If Amtrak determines that a transfer
between the accounts defined under subsection (b) does not meet
the account management standards established under subsection
(f), Amtrak may transfer funds between the Northeast Corridor
and National Network accounts if--
``(A) Amtrak notifies the Amtrak Board of Directors,
including the Secretary, at least 10 days prior to the
expected date of transfer; and
``(B) solely for a transfer that will materially
change a grant agreement, the Secretary approves.
``(2) Report.--Not later than 5 days after the Amtrak Board
of Directors receives notification from Amtrak under paragraph
(1)(A), the Board shall transmit to the Secretary, the Committee
on Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives, and the
Committee on Commerce, Science, and Transportation and the
Committee on Appropriations of the Senate, a report that
includes--
``(A) the amount of the transfer; and
``(B) a detailed explanation of the reason for the
transfer, including--
``(i) the effects on Amtrak services funded by
the account from which the transfer is drawn, in
comparison to a scenario in which no transfer was
made; and
``(ii) the effects on Amtrak services funded
by the account receiving the transfer, in
comparison to a scenario in which no transfer was
made.
``(3) Notifications.--Not later than 5 days after the date
that Amtrak notifies the Amtrak Board of Directors of a transfer
under paragraph (1) to or from an account, Amtrak shall transmit
to the State-Supported Route Committee and Northeast Corridor
Commission a letter that includes the information described
under subparagraphs (A) and (B) of paragraph (2).

``(h) Report.--Not later than 2 years after the date of enactment of
the Passenger Rail Reform and Investment Act of 2015, Amtrak shall
submit to the Secretary a report assessing the account and reporting
structure established under this section and providing any
recommendations for further action. Not later than 180 days after the
date of receipt of such report, the Secretary shall provide an
assessment that supplements Amtrak's report and submit the Amtrak report
with the supplemental assessment to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives.
``(i) Definition of Northeast Corridor.--Notwithstanding section
24102, for purposes of this section, the term `Northeast Corridor' means
the Northeast Corridor main line between Boston, Massachusetts, and the
District of Columbia, and facilities and services used to operate and
maintain that line.''.
(b) Conforming Amendment.--The table of contents for chapter
243 <>  is amended by adding at the end the
following:

``24317. Accounts.''.

[[Page 1628]]

SEC. 11202. AMTRAK GRANT PROCESS.

(a) Requirements and Procedures.--Chapter 243 of title 49, United
States Code, is further amended by adding at the end the following:
``Sec. 24318. <>  Costs and revenues

``(a) Allocation.--Not later than 180 days after the date of
enactment of the Passenger Rail Reform and Investment Act of 2015,
Amtrak shall establish and maintain internal controls to ensure Amtrak's
costs, revenues, and other compensation are appropriately allocated to
the Northeast Corridor, including train services or infrastructure, or
the National Network, including proportional shares of common and fixed
costs.
``(b) Rule of Construction.--Nothing in this section shall be
construed to limit the ability of Amtrak to enter into an agreement with
1 or more States to allocate operating and capital costs under section
209 of the Passenger Rail Investment and Improvement Act of 2008 (49
U.S.C. 24101 note).
``(c) Definition of Northeast Corridor.--Notwithstanding section
24102, for purposes of this section, the term `Northeast Corridor' means
the Northeast Corridor main line between Boston, Massachusetts, and the
District of Columbia, and facilities and services used to operate and
maintain that line.
``Sec. 24319. <>  Grant process

``(a) Procedures for Grant Requests.--Not later than 90 days after
the date of enactment of the Passenger Rail Reform and Investment Act of
2015, the Secretary of Transportation shall establish and transmit to
the Committee on Commerce, Science, and Transportation and the Committee
on Appropriations of the Senate and the Committee on Transportation and
Infrastructure and the Committee on Appropriations of the House of
Representatives substantive and procedural requirements, including
schedules, for grant requests under this section.
``(b) Grant Requests.--Amtrak shall transmit to the Secretary grant
requests for Federal funds appropriated to the Secretary of
Transportation for the use of Amtrak.
``(c) Contents.--A grant request under subsection (b) shall, as
applicable--
``(1) describe projected operating and capital costs for the
upcoming fiscal year for Northeast Corridor activities,
including train services and infrastructure, and National
Network activities, including State-supported routes and long-
distance routes, in comparison to prior fiscal year actual
financial performance;
``(2) describe the capital projects to be funded, with cost
estimates and an estimated timetable for completion of the
projects covered by the request; and
``(3) assess Amtrak's financial condition.

``(d) Review and Approval.--
``(1) Thirty-day approval process.--
``(A) In general.--Not later than 30 days after the
date that Amtrak submits a grant request under this
section, the Secretary of Transportation shall complete
a review of the request and provide notice to Amtrak
that--
``(i) the request is approved; or

[[Page 1629]]

``(ii) the request is disapproved, including
the reason for the disapproval and an explanation
of any incomplete or deficient items.
``(B) Grant agreement.--If a grant request is
approved, the Secretary shall enter into a grant
agreement with Amtrak.
``(2) Fifteen-day modification period.--Not later than 15
days after the date of a notice under paragraph (1)(A)(ii),
Amtrak shall submit a modified request for the Secretary's
review.
``(3) Modified requests.--Not later than 15 days after the
date that Amtrak submits a modified request under paragraph (2),
the Secretary shall either approve the modified request, or, if
the Secretary finds that the request is still incomplete or
deficient, the Secretary shall identify in writing to the
Committee on Commerce, Science, and Transportation and the
Committee on Appropriations of the Senate and the Committee on
Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives the remaining
deficiencies and recommend a process for resolving the
outstanding portions of the request.

``(e) Payments to Amtrak.--
``(1) In general.--A grant agreement entered into under
subsection (d) shall specify the operations, services, and other
activities to be funded by the grant. The grant agreement shall
include provisions, consistent with the requirements of this
chapter, to measure Amtrak's performance and ensure
accountability in delivering the operations, services, or
activities to be funded by the grant.
``(2) Schedule.--Except as provided in paragraph (3), in
each fiscal year for which amounts are appropriated to the
Secretary for the use of Amtrak, and for which the Secretary and
Amtrak have entered into a grant agreement under subsection (d),
the Secretary shall disburse grant funds to Amtrak on the
following schedule:
``(A) 50 percent on October 1.
``(B) 25 percent on January 1.
``(C) 25 percent on April 1.
``(3) Exceptions.--The Secretary may make a payment to
Amtrak of appropriated funds--
``(A) more frequently than the schedule under
paragraph (2) if Amtrak, for good cause, requests more
frequent payment before the end of a payment period; or
``(B) with a different frequency or in different
percentage allocations in the event of a continuing
resolution or in the absence of an appropriations Act
for the duration of a fiscal year.

``(f) Availability of Amounts and Early Appropriations.--Amounts
appropriated to the Secretary for the use of Amtrak shall remain
available until expended. Amounts for capital acquisitions and
improvements may be appropriated for a fiscal year before the fiscal
year in which the amounts will be obligated.
``(g) Limitations on Use.--Amounts appropriated to the Secretary for
the use of Amtrak may not be used to cross-subsidize operating losses or
capital costs of commuter rail passenger or freight rail transportation.

[[Page 1630]]

``(h) Definition of Northeast Corridor.--Notwithstanding section
24102, for purposes of this section, the term `Northeast Corridor' means
the Northeast Corridor main line between Boston, Massachusetts, and the
District of Columbia, and facilities and services used to operate and
maintain that line.''.
(b) Conforming Amendments.--The table of contents for chapter
243 <>  is further amended by adding at the
end the following:

``24318. Costs and revenues.
``24319. Grant process.''.

(c) Repeals.--
(1) Establishment of grant process.--Section 206 of the
Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C.
24101 note) and the item relating to that section in the table
of contents of that Act are repealed.
(2) Authorization of appropriations.--Section 24104 of title
49, United States Code, and the item relating to that section in
the table of contents of chapter 241 <>  are repealed.
SEC. 11203. 5-YEAR BUSINESS LINE AND ASSET PLANS.

(a) Amtrak 5-Year Business Line and Asset Plans.--Chapter 243 of
title 49, United States Code, is further amended by inserting after
section 24319 the following:
``Sec. 24320. <>  Amtrak 5-year business line
and asset plans

``(a) In General.--
``(1) Final plans.--Not later than February 15 of each year,
Amtrak shall submit to Congress and the Secretary of
Transportation final 5-year business line plans and 5-year asset
plans prepared in accordance with this section. These final
plans shall form the basis for Amtrak's general and legislative
annual report to the President and Congress required by section
24315(b). Each plan shall cover a period of 5 fiscal years,
beginning with the first fiscal year after the date on which the
plan is completed.
``(2) Fiscal constraint.--Each plan prepared under this
section shall be based on funding levels authorized or otherwise
available to Amtrak in a fiscal year. In the absence of an
authorization or appropriation of funds for a fiscal year, the
plans shall be based on the amount of funding available in the
previous fiscal year, plus inflation. Amtrak may include an
appendix to the asset plan required in subsection (c) that
describes any funding needs in excess of amounts authorized or
otherwise available to Amtrak in a fiscal year.

``(b) Amtrak 5-Year Business Line Plans.--
``(1) Amtrak business lines.--Amtrak shall prepare a 5-year
business line plan for each of the following business lines and
services:
``(A) Northeast Corridor train services.
``(B) State-supported routes operated by Amtrak.
``(C) Long-distance routes operated by Amtrak.
``(D) Ancillary services operated by Amtrak,
including commuter operations and other revenue
generating activities as determined by the Secretary in
coordination with Amtrak.
``(2) Contents of 5-year business line plans.--The 5-year
business line plan for each business line shall include, at a
minimum--

[[Page 1631]]

``(A) a statement of Amtrak's objectives, goals, and
service plan for the business line, in consultation with
any entities that are contributing capital or operating
funding to support passenger rail services within those
business lines, and aligned with Amtrak's Strategic Plan
and 5-year asset plans under subsection (c);
``(B) all projected revenues and expenditures for
the business line, including identification of revenues
and expenditures incurred by--
``(i) passenger operations;
``(ii) non-passenger operations that are
directly related to the business line; and
``(iii) governmental funding sources,
including revenues and other funding received from
States;
``(C) projected ridership levels for all passenger
operations;
``(D) estimates of long-term and short-term debt and
associated principal and interest payments (both current
and forecasts);
``(E) annual profit and loss statements and
forecasts and balance sheets;
``(F) annual cash flow forecasts;
``(G) a statement describing the methodologies and
significant assumptions underlying estimates and
forecasts;
``(H) specific performance measures that demonstrate
year over year changes in the results of Amtrak's
operations;
``(I) financial performance for each route within
each business line, including descriptions of the cash
operating loss or contribution and productivity for each
route;
``(J) specific costs and savings estimates resulting
from reform initiatives;
``(K) prior fiscal year and projected equipment
reliability statistics; and
``(L) an identification and explanation of any major
adjustments made from previously-approved plans.
``(3) 5-year business line plans process.--In meeting the
requirements of this section, Amtrak shall--
``(A) consult with the Secretary in the development
of the business line plans;
``(B) for the Northeast Corridor business line plan,
consult with the Northeast Corridor Commission and
transmit to the Commission the final plan under
subsection (a)(1), and consult with other entities, as
appropriate;
``(C) for the State-supported route business line
plan, consult with the State-Supported Route Committee
established under section 24712;
``(D) for the long-distance route business line
plan, consult with any States or Interstate Compacts
that provide funding for such routes, as appropriate;
``(E) ensure that Amtrak's general and legislative
annual report, required under section 24315(b), to the
President and Congress is consistent with the
information in the 5-year business line plans; and
``(F) identify the appropriate Amtrak officials that
are responsible for each business line.

[[Page 1632]]

``(4) Definition of northeast corridor.--Notwithstanding
section 24102, for purposes of this section, the term `Northeast
Corridor' means the Northeast Corridor main line between Boston,
Massachusetts, and the District of Columbia, and facilities and
services used to operate and maintain that line.

``(c) Amtrak 5-Year Asset Plans.--
``(1) Asset categories.--Amtrak shall prepare a 5-year asset
plan for each of the following asset categories:
``(A) Infrastructure, including all Amtrak-
controlled Northeast Corridor assets and other Amtrak-
owned infrastructure, and the associated facilities that
support the operation, maintenance, and improvement of
those assets.
``(B) Passenger rail equipment, including all
Amtrak-controlled rolling stock, locomotives, and
mechanical shop facilities that are used to overhaul
equipment.
``(C) Stations, including all Amtrak-controlled
passenger rail stations and elements of other stations
for which Amtrak has legal responsibility or intends to
make capital investments.
``(D) National assets, including national
reservations, security, training and training centers,
and other assets associated with Amtrak's national rail
passenger transportation system.
``(2) Contents of 5-year asset plans.--Each asset plan shall
include, at a minimum--
``(A) a summary of Amtrak's 5-year strategic plan
for each asset category, including goals, objectives,
any relevant performance metrics, and statutory or
regulatory actions affecting the assets;
``(B) an inventory of existing Amtrak capital
assets, to the extent practicable, including information
regarding shared use or ownership, if applicable;
``(C) a prioritized list of proposed capital
investments that--
``(i) categorizes each capital project as
being primarily associated with--
``(I) normalized capital
replacement;
``(II) backlog capital replacement;
``(III) improvements to support
service enhancements or growth;
``(IV) strategic initiatives that
will improve overall operational
performance, lower costs, or otherwise
improve Amtrak's corporate efficiency;
or
``(V) statutory, regulatory, or
other legal mandates;
``(ii) identifies each project or program that
is associated with more than 1 category described
in clause (i); and
``(iii) describes the anticipated business
outcome of each project or program identified
under this subparagraph, including an assessment
of--
``(I) the potential effect on
passenger operations, safety,
reliability, and resilience;

[[Page 1633]]

``(II) the potential effect on
Amtrak's ability to meet regulatory
requirements if the project or program
is not funded; and
``(III) the benefits and costs; and
``(D) annual profit and loss statements and
forecasts and balance sheets for each asset category.
``(3) 5-year asset plan process.--In meeting the
requirements of this subsection, Amtrak shall--
``(A) consult with each business line described in
subsection (b)(1) in the preparation of each 5-year
asset plan and ensure integration of each 5-year asset
plan with the 5-year business line plans;
``(B) as applicable, consult with the Northeast
Corridor Commission, the State-Supported Route
Committee, and owners of assets affected by 5-year asset
plans; and
``(C) identify the appropriate Amtrak officials that
are responsible for each asset category.
``(4) Evaluation of national assets costs.--The Secretary
shall--
``(A) evaluate the costs and scope of all national
assets; and
``(B) determine the activities and costs that are--
``(i) required in order to ensure the
efficient operations of a national rail passenger
system;
``(ii) appropriate for allocation to 1 of the
other Amtrak business lines; and
``(iii) extraneous to providing an efficient
national rail passenger system or are too costly
relative to the benefits or performance outcomes
they provide.
``(5) Definition of national assets.--In this section, the
term `national assets' means the Nation's core rail assets
shared among Amtrak services, including national reservations,
security, training and training centers, and other assets
associated with Amtrak's national rail passenger transportation
system.
``(6) Restructuring of national assets.--Not later than 1
year after the date of completion of the evaluation under
paragraph (4), the Administrator of the Federal Railroad
Administration, in consultation with the Amtrak Board of
Directors, the governors of each relevant State, and the Mayor
of the District of Columbia, or their designees, shall
restructure or reallocate, or both, the national assets costs in
accordance with the determination under that section, including
making appropriate updates to Amtrak's cost accounting
methodology and system.
``(7) Exemption.--
``(A) In general.--Upon written request from the
Amtrak Board of Directors, the Secretary may exempt
Amtrak from including in a plan required under this
subsection any information described in paragraphs (1)
and (2).
``(B) Public availability.--The Secretary shall make
available to the public on the Department's Internet Web
site any exemption granted under subparagraph (A) and a
detailed justification for granting such exemption.
``(C) Inclusion in plan.--Amtrak shall include in
the plan required under this subsection any request
granted

[[Page 1634]]

under subparagraph (A) and justification under
subparagraph (B).

``(d) Standards to Promote Financial Stability.--In preparing plans
under this section, Amtrak shall--
``(1) apply sound budgetary practices, including reducing
costs and other expenditures, improving productivity, increasing
revenues, or combinations of such practices; and
``(2) use the categories specified in the financial
accounting and reporting system developed under section 203 of
the Passenger Rail Investment and Improvement Act of 2008 (49
U.S.C. 24101 note).''.

(b) <>  Effective Dates.--The requirement
for Amtrak to submit 5-year business line plans under section
24320(a)(1) of title 49, United States Code, shall take effect on
February 15, 2017, the due date of the first business line plans. The
requirement for Amtrak to submit 5-year asset plans under section
24320(a)(1) of such title shall take effect on February 15, 2019, the
due date of the first asset plans.

(c) Conforming Amendments.--The table of contents for chapter 243 of
title 49, United States Code, <>  is amended
by adding at the end the following:

``24320. Amtrak 5-year business line and asset plans.''.

(d) Repeal of 5-Year Financial Plan.--Section 204 of the Passenger
Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 note), and
the item relating to that section in the table of contents of that Act,
are repealed.
SEC. 11204. STATE-SUPPORTED ROUTE COMMITTEE.

(a) Amendment.--Chapter 247 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 24712. <>  State-supported routes
operated by Amtrak

``(a) State-Supported Route Committee.--
``(1) Establishment.--Not later than 180 days after the date
of enactment of the Passenger Rail Reform and Investment Act of
2015, the Secretary of Transportation shall establish the State-
Supported Route Committee (referred to in this section as the
`Committee') to promote mutual cooperation and planning
pertaining to the rail operations of Amtrak and related
activities of trains operated by Amtrak on State-supported
routes and to further implement section 209 of the Passenger
Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101
note).
``(2) Membership.--
``(A) In general.--The Committee shall consist of--
``(i) members representing Amtrak;
``(ii) members representing the Department of
Transportation, including the Federal Railroad
Administration; and
``(iii) members representing States.
``(B) Non-voting members.--The Committee may invite
and accept other non-voting members to participate in
Committee activities, as appropriate.
``(3) Decisionmaking.--The Committee shall establish a bloc
voting system under which, at a minimum--

[[Page 1635]]

``(A) there are 3 separate voting blocs to represent
the Committee's voting members, including--
``(i) 1 voting bloc to represent the members
described in paragraph (2)(A)(i);
``(ii) 1 voting bloc to represent the members
described in paragraph (2)(A)(ii); and
``(iii) 1 voting bloc to represent the members
described in paragraph (2)(A)(iii);
``(B) each voting bloc has 1 vote;
``(C) the vote of the voting bloc representing the
members described in paragraph (2)(A)(iii) requires the
support of at least two-thirds of that voting bloc's
members; and
``(D) the Committee makes decisions by unanimous
consent of the 3 voting blocs.
``(4) Meetings; rules and procedures.--The Committee shall
convene a meeting and shall define and implement the rules and
procedures governing the Committee's proceedings not later than
180 days after the date of establishment of the Committee by the
Secretary. The rules and procedures shall--
``(A) incorporate and further describe the
decisionmaking procedures to be used in accordance with
paragraph (3); and
``(B) be adopted in accordance with such
decisionmaking procedures.
``(5) Committee decisions.--Decisions made by the Committee
in accordance with the Committee's rules and procedures, once
established, are binding on all Committee members.
``(6) Cost allocation methodology.--
``(A) In general.--Subject to subparagraph (B), the
Committee may amend the cost allocation methodology
required and previously approved under section 209 of
the Passenger Rail Investment and Improvement Act of
2008 (49 U.S.C. 24101 note).
``(B) Procedures for changing methodology.--The
rules and procedures implemented under paragraph (4)
shall include procedures for changing the cost
allocation methodology.
``(C) Requirements.--The cost allocation methodology
shall--
``(i) ensure equal treatment in the provision
of like services of all States and groups of
States; and
``(ii) allocate to each route the costs
incurred only for the benefit of that route and a
proportionate share, based upon factors that
reasonably reflect relative use, of costs incurred
for the common benefit of more than 1 route.

``(b) Invoices and Reports.--Not later than April 15, 2016, and
monthly thereafter, Amtrak shall provide to each State that sponsors a
State-supported route a monthly invoice of the cost of operating such
route, including fixed costs and third-party costs. The Committee shall
determine the frequency and contents of financial and performance
reports that Amtrak shall provide to the States, as well as the planning
and demand reports that the States shall provide to Amtrak.
``(c) Dispute Resolution.--

[[Page 1636]]

``(1) Request for dispute resolution.--If a dispute arises
with respect to the rules and procedures implemented under
subsection (a)(4), an invoice or a report provided under
subsection (b), implementation or compliance with the cost
allocation methodology developed under section 209 of the
Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C.
24101 note) or amended under subsection (a)(6) of this section,
either Amtrak or the State may request that the Surface
Transportation Board conduct dispute resolution under this
subsection.
``(2) Procedures.--The Surface Transportation Board shall
establish procedures for resolution of disputes brought before
it under this subsection, which may include provision of
professional mediation services.
``(3) Binding effect.--A decision of the Surface
Transportation Board under this subsection shall be binding on
the parties to the dispute.
``(4) Obligation.--Nothing in this subsection shall affect
the obligation of a State to pay an amount not in dispute.

``(d) Assistance.--
``(1) In general.--The Secretary may provide assistance to
the parties in the course of negotiations for a contract for
operation of a State-supported route.
``(2) Financial assistance.--From among available funds, the
Secretary shall provide--
``(A) financial assistance to Amtrak or 1 or more
States to perform requested independent technical
analysis of issues before the Committee; and
``(B) administrative expenses that the Secretary
determines necessary.

``(e) Performance Metrics.--In negotiating a contract for operation
of a State-supported route, Amtrak and the State or States that sponsor
the route shall consider including provisions that provide penalties and
incentives for performance.
``(f) Statement of Goals and Objectives.--
``(1) In general.--The Committee shall develop a statement
of goals, objectives, and associated recommendations concerning
the future of State-supported routes operated by Amtrak. The
statement shall identify the roles and responsibilities of
Committee members and any other relevant entities, such as host
railroads, in meeting the identified goals and objectives, or
carrying out the recommendations. The Committee may consult with
such relevant entities, as the Committee considers appropriate,
when developing the statement.
``(2) Transmission of statement of goals and objectives.--
Not later than 2 years after the date of enactment of the
Passenger Rail Reform and Investment Act of 2015, the Committee
shall transmit the statement developed under paragraph (1) to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of
the House of Representatives.

``(g) Rule of Construction.--The decisions of the Committee--
``(1) shall pertain to the rail operations of Amtrak and
related activities of trains operated by Amtrak on State-
sponsored routes; and

[[Page 1637]]

``(2) shall not pertain to the rail operations or related
activities of services operated by other rail carriers on State-
supported routes.

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

``24712. State-supported routes operated by Amtrak.''.

(2) Passenger rail investment and improvement act.--Section
209 of the Passenger Rail Investment and Improvement Act of 2008
(49 U.S.C. 24101 note) is amended--
(A) by striking subsection (b); and
(B) by redesignating subsections (c) and (d) as
subsections (b) and (c), respectively.
SEC. 11205. COMPOSITION OF AMTRAK'S BOARD OF DIRECTORS.

Section 24302 of title 49, United States Code, is amended--
(1) in subsection (a)(1)--
(A) by striking ``9 directors'' and inserting ``10
directors'';
(B) in subparagraph (B) by inserting ``, who shall
serve as a nonvoting member of the Board'' after
``Amtrak''; and
(C) in subparagraph (C) by striking ``7'' and
inserting ``8''; and
(2) in subsection (e), by inserting ``who are eligible to
vote'' after ``serving''.
SEC. 11206. ROUTE AND SERVICE PLANNING DECISIONS.

Section 208 of the Passenger Rail Investment and Improvement Act of
2008 (49 U.S.C. 24101 note) is amended to read as follows:
``SEC. 208. METHODOLOGIES FOR AMTRAK ROUTE AND SERVICE PLANNING
DECISIONS.

``(a) Methodology Development.--Not later than 180 days after the
date of enactment of the Passenger Rail Reform and Investment Act of
2015, Amtrak shall obtain the services of an independent entity to
develop and recommend objective methodologies for Amtrak to use in
determining what intercity rail passenger transportation routes and
services it should provide, including the establishment of new routes,
the elimination of existing routes, and the contraction or expansion of
services or frequencies over such routes.
``(b) Considerations.--Amtrak shall require the independent entity,
in developing the methodologies described in subsection (a), to
consider--
``(1) the current and expected performance and service
quality of intercity rail passenger transportation operations,
including cost recovery, on-time performance, ridership, on-
board services, stations, facilities, equipment, and other
services;
``(2) the connectivity of a route with other routes;

[[Page 1638]]

``(3) the transportation needs of communities and
populations that are not well served by intercity rail passenger
transportation service or by other forms of intercity
transportation;
``(4) the methodologies of Amtrak and major intercity rail
passenger transportation service providers in other countries
for determining intercity passenger rail routes and services;
``(5) the financial and operational effects on the overall
network, including the effects on direct and indirect costs;
``(6) the views of States, rail carriers that own
infrastructure over which Amtrak operates, Interstate Compacts
established by Congress and States, Amtrak employee
representatives, stakeholder organizations, and other interested
parties; and
``(7) the funding levels that will be available under
authorization levels that have been enacted into law.

``(c) Recommendations.--Not later than 1 year after the date of
enactment of the Passenger Rail Reform and Investment Act of 2015,
Amtrak shall transmit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives the recommendations
developed by the independent entity under subsection (a).
``(d) Consideration of Recommendations.--Not later than 90 days
after the date on which the recommendations are transmitted under
subsection (c), the Amtrak Board of Directors shall consider the
adoption of each recommendation and transmit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report explaining the reasons for adopting or not adopting each
recommendation.''.
SEC. 11207. FOOD AND BEVERAGE REFORM.

(a) Amendment.--Chapter 243 of title 49, United States Code, is
further amended by adding at the end the following new section:
``Sec. 24321. <>  Food and beverage
reform

``(a) Plan.--Not later than 90 days after the date of enactment of
the Passenger Rail Reform and Investment Act of 2015, Amtrak shall
develop and begin implementing a plan to eliminate, within 5 years of
such date of enactment, the operating loss associated with providing
food and beverage service on board Amtrak trains.
``(b) Considerations.--In developing and implementing the plan,
Amtrak shall consider a combination of cost management and revenue
generation initiatives, including--
``(1) scheduling optimization;
``(2) on-board logistics;
``(3) product development and supply chain efficiency;
``(4) training, awards, and accountability;
``(5) technology enhancements and process improvements; and
``(6) ticket revenue allocation.

``(c) Savings Clause.--Amtrak shall ensure that no Amtrak employee
holding a position as of the date of enactment of the Passenger Rail
Reform and Investment Act of 2015 is involuntarily separated because
of--

[[Page 1639]]

``(1) the development and implementation of the plan
required under subsection (a); or
``(2) any other action taken by Amtrak to implement this
section.

``(d) No Federal Funding for Operating Losses.--Beginning on the
date that is 5 years after the date of enactment of the Passenger Rail
Reform and Investment Act of 2015, no Federal funds may be used to cover
any operating loss associated with providing food and beverage service
on a route operated by Amtrak or a rail carrier that operates a route in
lieu of Amtrak pursuant to section 24711.
``(e) Report.--Not later than 120 days after the date of enactment
of the Passenger Rail Reform and Investment Act of 2015, and annually
thereafter for 5 years, Amtrak shall transmit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report containing the plan developed pursuant to subsection (a) and a
description of progress in the implementation of the plan.''.
(b) Conforming Amendment.--The table of sections for chapter 243 of
title 49, United States Code, <>  is further
amended by adding at the end the following new item:

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

SEC. 11208. ROLLING STOCK PURCHASES.

(a) Amendment.--Chapter 243 of title 49, United States Code, is
further amended by adding at the end the following new section:
``Sec. 24322. <>  Rolling stock purchases

``(a) In General.--Prior to entering into any contract in excess of
$100,000,000 for rolling stock and locomotive procurements Amtrak shall
submit a business case analysis to the Secretary of Transportation, the
Committee on Commerce, Science, and Transportation and the Committee on
Appropriations of the Senate and the Committee on Transportation and
Infrastructure and the Committee on Appropriations of the House of
Representatives, on the utility of such procurements.
``(b) Contents.--The business case analysis shall--
``(1) include a cost and benefit comparison that describes
the total lifecycle costs and the anticipated benefits related
to revenue, operational efficiency, reliability, and other
factors;
``(2) set forth the total payments by fiscal year;
``(3) identify the specific source and amounts of funding
for each payment, including Federal funds, State funds, Amtrak
profits, Federal, State, or private loans or loan guarantees,
and other funding;
``(4) include an explanation of whether any payment under
the contract will increase Amtrak's funding request in its
general and legislative annual report required under section
24315(b) in a particular fiscal year; and
``(5) describe how Amtrak will adjust the procurement if
future funding is not available.

``(c) Rule of Construction.--Nothing in this section shall be
construed as requiring Amtrak to disclose confidential information
regarding a potential vendor's proposed pricing or other sensitive
business information prior to contract execution or prohibiting

[[Page 1640]]

Amtrak from entering into a contract after submission of a business case
analysis under subsection (a).''.
(b) Conforming Amendment.--The table of sections for chapter 243 of
title 49, United States Code, <>  is further
amended by adding at the end the following new item:

``24322. Rolling stock purchases.''.

SEC. 11209. <>  LOCAL PRODUCTS AND
PROMOTIONAL EVENTS.

(a) In General.--Not later than 6 months after the date of enactment
of this Act, Amtrak shall establish a pilot program for a State or
States that sponsor a State-supported route operated by Amtrak to
facilitate--
(1) onboard purchase and sale of local food and beverage
products; and
(2) partnerships with local entities to hold promotional
events on trains or in stations.

(b) Program Design.--The pilot program under paragraph (1) shall--
(1) allow a State or States to nominate and select a local
food and beverage products supplier or suppliers or local
promotional event partner;
(2) allow a State or States to charge a reasonable price or
fee for local food and beverage products or promotional events
and related activities to help defray the costs of program
administration and State-supported routes; and
(3) provide a mechanism to ensure that State products can
effectively be handled and integrated into existing food and
beverage services, including compliance with all applicable
regulations and standards governing such services.

(c) Program Administration.--The pilot program shall--
(1) for local food and beverage products, ensure the
products are integrated into existing food and beverage
services, including compliance with all applicable regulations
and standards;
(2) for promotional events, ensure the events are held in
compliance with all applicable regulations and standards,
including terms to address insurance requirements; and
(3) require an annual report that documents revenues and
costs and indicates whether the products or events resulted in a
reduction in the financial contribution of a State or States to
the applicable State-supported route.

(d) Report.--Not later than 4 years after the date of enactment of
this Act, Amtrak shall report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives on which States have
participated in the pilot programs under this section. The report shall
summarize the financial and operational outcomes of the pilot programs
and include any plan for future action.
(e) Rule of Construction.--Nothing in this section shall be
construed as limiting Amtrak's ability to operate special trains in
accordance with section 216 of the Passenger Rail Investment and
Improvement Act of 2008 (49 U.S.C. 24308 note).

[[Page 1641]]

SEC. 11210. <>  AMTRAK PILOT PROGRAM FOR
PASSENGERS TRANSPORTING DOMESTICATED
CATS AND DOGS.

(a) In General.--Not later than 1 year after the date of enactment
of this Act, Amtrak shall develop a pilot program that allows passengers
to transport domesticated cats or dogs on certain trains operated by
Amtrak.
(b) Pet Policy.--In developing the pilot program required under
subsection (a), Amtrak shall--
(1) in the case of a passenger train that is comprised of
more than 1 car, designate, where feasible, at least 1 car in
which a ticketed passenger may transport a domesticated cat or
dog in the same manner as carry-on baggage if--
(A) the cat or dog is contained in a pet kennel;
(B) the pet kennel complies with Amtrak size
requirements for carriage of carry-on baggage;
(C) the passenger is traveling on a train operating
on a route described in subparagraph (A), (B), or (D) of
section 24102(7) of title 49, United States Code; and
(D) the passenger pays a fee described in paragraph
(3);
(2) allow a ticketed passenger to transport a domesticated
cat or dog on a train in the same manner as cargo if--
(A) the cat or dog is contained in a pet kennel;
(B) the pet kennel complies with Amtrak size
requirements for carriage of carry-on baggage;
(C) the passenger is traveling on a train operating
on a route described in subparagraph (A), (B), or (D) of
section 24102(7) of title 49, United States Code;
(D) the cargo area is temperature controlled in a
manner protective of cat and dog safety and health; and
(E) the passenger pays a fee described in paragraph
(3); and
(3) collect fees for each cat or dog transported by a
ticketed passenger in an amount that, in the aggregate and at a
minimum, covers the full costs of the pilot program.

(c) Report.--Not later than 1 year after the pilot program required
under subsection (a) is first implemented, Amtrak shall transmit to the
Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report containing an evaluation of the pilot program.
(d) Limitation on Statutory Construction.--
(1) Service animals.--The pilot program under subsection (a)
shall be separate from and in addition to the policy governing
Amtrak passengers traveling with service animals. Nothing in
this section may be interpreted to limit or waive the rights of
passengers to transport service animals.
(2) Additional train cars.--Nothing in this section may be
interpreted to require Amtrak to add additional train cars or
modify existing train cars.
(3) Federal funds.--No Federal funds may be used to
implement the pilot program required under this section.
SEC. 11211. <>  RIGHT-OF-WAY LEVERAGING.

(a) Request for Proposals.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, Amtrak shall issue a Request for

[[Page 1642]]

Proposals seeking qualified persons or entities to utilize
right-of-way and real estate owned, controlled, or managed by
Amtrak for telecommunications systems, energy distribution
systems, and other activities considered appropriate by Amtrak.
(2) Contents.--The Request for Proposals shall provide
sufficient information on the right-of-way and real estate
assets to enable respondents to propose an arrangement that will
monetize or generate additional revenue from such assets through
revenue sharing or leasing agreements with Amtrak, to the extent
possible.
(3) Deadline.--Amtrak shall set a deadline for the
submission of proposals that is not later than 1 year after the
issuance of the Request for Proposals under paragraph (1).

(b) Consideration of Proposals.--Not later than 180 days after the
deadline for the receipt of proposals under subsection (a), the Amtrak
Board of Directors shall review and consider each qualified proposal.
Amtrak may enter into such agreements as are necessary to implement any
qualified proposal.
(c) Report.--Not later than 1 year after the deadline for the
receipt of proposals under subsection (a), Amtrak shall transmit to the
Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the Request for Proposals required by this
section, including summary information of any proposals submitted to
Amtrak and any proposals accepted by the Amtrak Board of Directors.
(d) Savings Clause.--Nothing in this section shall be construed to
limit Amtrak's ability to utilize right-of-way or real estate assets
that it currently owns, controls, or manages or constrain Amtrak's
ability to enter into agreements with other parties to utilize such
assets.
SEC. 11212. <>  STATION DEVELOPMENT.

(a) Report on Development Options.--Not later than 1 year after the
date of enactment of this Act, Amtrak shall submit a report to the
Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives that describes--
(1) options to enhance economic development and
accessibility of and around Amtrak stations and terminals, for
the purposes of--
(A) improving station condition, functionality,
capacity, and customer amenities;
(B) generating additional investment capital and
development-related revenue streams;
(C) increasing ridership and revenue; and
(D) strengthening multimodal connections, including
transit, intercity buses, roll-on and roll-off bicycles,
and airports, as appropriate; and
(2) options for additional Amtrak stops that would have a
positive incremental financial impact to Amtrak, based on Amtrak
feasibility studies that demonstrate a financial benefit to
Amtrak by generating additional revenue that exceeds any
incremental costs.

(b) Request for Information.--Not later than 90 days after the date
the report is submitted under subsection (a), Amtrak shall issue a
Request for Information for 1 or more owners of

[[Page 1643]]

stations served by Amtrak to formally express an interest in completing
the requirements of this section.
(c) Proposals.--
(1) Request for proposals.--Not later than 180 days after
the date the Request for Information is issued under subsection
(b), Amtrak shall issue a Request for Proposals from qualified
persons, including small business concerns owned and controlled
by socially and economically disadvantaged individuals and
veteran-owned small businesses, to lead, participate, or partner
with Amtrak, a station owner that responded under subsection
(b), and other entities in enhancing development in and around
such stations and terminals using applicable options identified
under subsection (a) at facilities selected by Amtrak.
(2) Consideration of proposals.--Not later than 1 year after
the date the Request for Proposals is issued under paragraph
(1), the Amtrak Board of Directors shall review and consider
qualified proposals submitted under paragraph (1). Amtrak or a
station owner that responded under subsection (b) may enter into
such agreements as are necessary to implement any qualified
proposal.

(d) Report.--Not later than 4 years after the date of enactment of
this Act, Amtrak shall transmit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report on the Request
for Proposals process required under this section, including summary
information of any qualified proposals submitted to Amtrak and any
proposals acted upon by Amtrak or a station owner that responded under
subsection (b).
(e) Definitions.--In this section, the terms ``small business
concern'', ``socially and economically disadvantaged individual'', and
``veteran-owned small business'' have the meanings given the terms in
section 11310(c) of this Act.
(f) Savings Clause.--Nothing in this section shall be construed to
limit Amtrak's ability to develop its stations, terminals, or other
assets, to constrain Amtrak's ability to enter into and carry out
agreements with other parties to enhance development at or around Amtrak
stations or terminals, or to affect any station development initiatives
ongoing as of the date of enactment of this Act.
SEC. 11213. AMTRAK BOARDING PROCEDURES.

(a) Report.--Not later than 9 months after the date of enactment of
this Act, the Amtrak Office of Inspector General shall submit a report
to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives that--
(1) evaluates Amtrak's boarding procedures for passengers,
including passengers using or transporting nonmotorized
transportation, such as bicycles, at its 15 stations through
which the most people pass;
(2) compares Amtrak's boarding procedures to--
(A) boarding procedures of providers of commuter
railroad passenger transportation at stations shared
with Amtrak;
(B) international intercity passenger rail boarding
procedures; and
(C) fixed guideway transit boarding procedures; and

[[Page 1644]]

(3) makes recommendations, as appropriate, to improve
Amtrak's boarding procedures, including recommendations
regarding the queuing of passengers and free-flow of all station
users and facility improvements needed to achieve the
recommendations.

(b) Consideration of Recommendations.--Not later than 6 months after
the report is submitted under subsection (a), the Amtrak Board of
Directors shall consider each recommendation provided under subsection
(a)(3) for implementation at appropriate locations across the Amtrak
system.
SEC. 11214. AMTRAK DEBT.

Section 205 of the Passenger Rail Investment and Improvement Act of
2008 (49 U.S.C. 24101 note) is amended--
(1) by striking ``as of the date of enactment of this Act''
each place it appears;
(2) in subsection (a)--
(A) by inserting ``, to the extent provided in
advance in appropriations Acts'' after ``Amtrak's
indebtedness''; and
(B) by striking the second sentence;
(3) in subsection (b) by striking ``The Secretary of the
Treasury, in consultation'' and inserting ``To the extent
amounts are provided in advance in appropriations Acts, the
Secretary of the Treasury, in consultation'';
(4) in subsection (d), by inserting ``, to the extent
provided in advance in appropriations Acts'' after ``as
appropriate'';
(5) in subsection (e)--
(A) in paragraph (1) by striking ``by section 102 of
this division''; and
(B) in paragraph (2) by striking ``by section 102''
and inserting ``for Amtrak'';
(6) in subsection (g) by inserting ``, unless that debt
receives credit assistance, including direct loans and loan
guarantees, under chapter 6 of title 23, United States Code or
title V of the Railroad Revitalization and Regulatory Reform Act
of 1976 (45 U.S.C. 821 et seq.)'' after ``Secretary''; and
(7) by striking subsection (h).
SEC. 11215. <>  ELIMINATION OF
DUPLICATIVE REPORTING.

Not later than 1 year after the date of enactment of this Act, the
Secretary shall--
(1) review existing Amtrak reporting requirements and
identify where the existing requirements are duplicative with
the business line and asset plans required by section 24320 of
title 49, United States Code, or any other planning or reporting
requirements under Federal law or regulation;
(2) if the duplicative requirements identified under
paragraph (1) are administrative, eliminate such requirements;
and
(3) submit to Congress a report with any recommendations for
repealing any other duplicative requirements.

Subtitle C--Intercity Passenger Rail Policy

SEC. 11301. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY
IMPROVEMENTS.

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

[[Page 1645]]

``Sec. 24407. <>  Consolidated rail
infrastructure and safety improvements

``(a) General Authority.--The Secretary may make grants under this
section to an eligible recipient to assist in financing the cost of
improving passenger and freight rail transportation systems in terms of
safety, efficiency, or reliability.
``(b) Eligible Recipients.--The following entities are eligible to
receive a grant under this section:
``(1) A State.
``(2) A group of States.
``(3) An Interstate Compact.
``(4) A public agency or publicly chartered authority
established by 1 or more States.
``(5) A political subdivision of a State.
``(6) Amtrak or another rail carrier that provides intercity
rail passenger transportation (as defined in section 24102).
``(7) A Class II railroad or Class III railroad (as those
terms are defined in section 20102).
``(8) Any rail carrier or rail equipment manufacturer in
partnership with at least 1 of the entities described in
paragraphs (1) through (5).
``(9) The Transportation Research Board and any entity with
which it contracts in the development of rail-related research,
including cooperative research programs.
``(10) A University transportation center engaged in rail-
related research.
``(11) A non-profit labor organization representing a class
or craft of employees of rail carriers or rail carrier
contractors.

``(c) Eligible Projects.--The following projects are eligible to
receive grants under this section:
``(1) Deployment of railroad safety technology, including
positive train control and rail integrity inspection systems.
``(2) A capital project as defined in section 24401(2),
except that a project shall not be required to be in a State
rail plan developed under chapter 227.
``(3) A capital project identified by the Secretary as being
necessary to address congestion challenges affecting rail
service.
``(4) A capital project identified by the Secretary as being
necessary to reduce congestion and facilitate ridership growth
in intercity passenger rail transportation along heavily
traveled rail corridors.
``(5) A highway-rail grade crossing improvement project,
including installation, repair, or improvement of grade
separations, railroad crossing signals, gates, and related
technologies, highway traffic signalization, highway lighting
and crossing approach signage, roadway improvements such as
medians or other barriers, railroad crossing panels and
surfaces, and safety engineering improvements to reduce risk in
quiet zones or potential quiet zones.
``(6) A rail line relocation and improvement project.
``(7) A capital project to improve short-line or regional
railroad infrastructure.
``(8) The preparation of regional rail and corridor service
development plans and corresponding environmental analyses.
``(9) Any project that the Secretary considers necessary to
enhance multimodal connections or facilitate service integration
between rail service and other modes, including between

[[Page 1646]]

intercity rail passenger transportation and intercity bus
service or commercial air service.
``(10) The development and implementation of a safety
program or institute designed to improve rail safety.
``(11) Any research that the Secretary considers necessary
to advance any particular aspect of rail-related capital,
operations, or safety improvements.
``(12) Workforce development and training activities,
coordinated to the extent practicable with the existing local
training programs supported by the Department of Transportation,
the Department of Labor, and the Department of Education.

``(d) Application Process.--The Secretary shall prescribe the form
and manner of filing an application under this section.
``(e) Project Selection Criteria.--
``(1) In general.--In selecting a recipient of a grant for
an eligible project, the Secretary shall--
``(A) give preference to a proposed project for
which the proposed Federal share of total project costs
does not exceed 50 percent; and
``(B) after factoring in preference to projects
under subparagraph (A), select projects that will
maximize the net benefits of the funds appropriated for
use under this section, considering the cost-benefit
analysis of the proposed project, including anticipated
private and public benefits relative to the costs of the
proposed project and factoring in the other
considerations described in paragraph (2).
``(2) Other considerations.--The Secretary shall also
consider the following:
``(A) The degree to which the proposed project's
business plan considers potential private sector
participation in the financing, construction, or
operation of the project.
``(B) The recipient's past performance in developing
and delivering similar projects, and previous financial
contributions.
``(C) Whether the recipient has or will have the
legal, financial, and technical capacity to carry out
the proposed project, satisfactory continuing control
over the use of the equipment or facilities, and the
capability and willingness to maintain the equipment or
facilities.
``(D) If applicable, the consistency of the proposed
project with planning guidance and documents set forth
by the Secretary or required by law or State rail plans
developed under chapter 227.
``(E) If applicable, any technical evaluation
ratings the proposed project received under previous
competitive grant programs administered by the
Secretary.
``(F) Such other factors as the Secretary considers
relevant to the successful delivery of the project.
``(3) Benefits.--The benefits described in paragraph (1)(B)
may include the effects on system and service performance,
including measures such as improved safety, competitiveness,
reliability, trip or transit time, resilience, efficiencies from
improved integration with other modes, the ability to meet
existing or anticipated demand, and any other benefits.

``(f) Performance Measures.--The Secretary shall establish
performance measures for each grant recipient to assess progress

[[Page 1647]]

in achieving strategic goals and objectives. The Secretary may require a
grant recipient to periodically report information related to such
performance measures.
``(g) Rural Areas.--
``(1) In general.--Of the amounts appropriated under this
section, at least 25 percent shall be available for projects in
rural areas. The Secretary shall consider a project to be in a
rural area if all or the majority of the project (determined by
the geographic location or locations where the majority of the
project funds will be spent) is located in a rural area.
``(2) Definition of rural area.--In this subsection, the
term `rural area' means any area not in an urbanized area, as
defined by the Bureau of the Census.

``(h) Federal Share of Total Project Costs.--
``(1) Total project costs.--The Secretary shall estimate the
total costs of a project under this section based on the best
available information, including any available engineering
studies, studies of economic feasibility, environmental
analyses, and information on the expected use of equipment or
facilities.
``(2) Federal share.--The Federal share of total project
costs under this section shall not exceed 80 percent.
``(3) Treatment of passenger rail revenue.--If Amtrak or
another rail carrier is an applicant under this section, Amtrak
or the other rail carrier, as applicable, may use ticket and
other revenues generated from its operations and other sources
to satisfy the non-Federal share requirements.

``(i) Applicability.--Except as specifically provided in this
section, the use of any amounts appropriated for grants under this
section shall be subject to the requirements of this chapter.
``(j) Availability.--Amounts appropriated for carrying out this
section shall remain available until expended.
``(k) Limitation.--The requirements of sections 24402, 24403, and
24404 and the definition contained in 24401(1) shall not apply to this
section.
``(l) Special Transportation Circumstances.--
``(1) In general.--In carrying out this chapter, the
Secretary shall allocate an appropriate portion of the amounts
available to programs in this chapter to provide grants to
States--
``(A) in which there is no intercity passenger rail
service, for the purpose of funding freight rail capital
projects that are on a State rail plan developed under
chapter 227 that provide public benefits (as defined in
chapter 227), as determined by the Secretary; or
``(B) in which the rail transportation system is not
physically connected to rail systems in the continental
United States or may not otherwise qualify for a grant
under this section due to the unique characteristics of
the geography of that State or other relevant
considerations, for the purpose of funding
transportation-related capital projects.
``(2) Definition.--For the purposes of this subsection, the
term `appropriate portion' means a share, for each State subject
to paragraph (1), not less than the share of the total railroad
route miles in such State of the total railroad route miles in
the United States, excluding from all totals the route miles

[[Page 1648]]

exclusively used for tourist, scenic, and excursion railroad
operations.''.

(b) Conforming Amendment.--The table of contents of chapter 244 of
title 49, United States Code, <>  is amended
by adding after the item relating to section 24406 the following:

``24407. Consolidated rail infrastructure and safety improvements.''.

(c) Repeals.--
(1) Sections 20154 and 20167 of chapter 201 of title 49,
United States Code, and the items relating to such sections in
the table of contents of such chapter, are repealed.
(2) Section 24105 of chapter 241 of title 49, United States
Code, and the item relating to such section in the table of
contents of such chapter, <>  is
repealed.
(3) Chapter 225 of title 49, United States Code, and the
item relating to such chapter in the table of contents of
subtitle V of such title, <>  is
repealed.
(4) Section 22108 of chapter 221 of title 49, United States
Code, and the item relating to such section in the table of
contents of such chapter, <>  are
repealed.
SEC. 11302. FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD REPAIR.

(a) Amendment.--Chapter 249 of title 49, United States Code, is
amended by inserting after section 24910 the following:
``Sec. 24911. <>  Federal-State partnership
for state of good repair

``(a) Definitions.--In this section:
``(1) Applicant.--The term `applicant' means--
``(A) a State (including the District of Columbia);
``(B) a group of States;
``(C) an Interstate Compact;
``(D) a public agency or publicly chartered
authority established by 1 or more States;
``(E) a political subdivision of a State;
``(F) Amtrak, acting on its own behalf or under a
cooperative agreement with 1 or more States; or
``(G) any combination of the entities described in
subparagraphs (A) through (F).
``(2) Capital project.--The term `capital project' means--
``(A) a project primarily intended to replace,
rehabilitate, or repair major infrastructure assets
utilized for providing intercity rail passenger service,
including tunnels, bridges, stations, and other assets,
as determined by the Secretary; or
``(B) a project primarily intended to improve
intercity passenger rail performance, including reduced
trip times, increased train frequencies, higher
operating speeds, and other improvements, as determined
by the Secretary.
``(3) Intercity rail passenger transportation.--The term
`intercity rail passenger transportation' has the meaning given
the term in section 24102.
``(4) Northeast corridor.--The term `Northeast Corridor'
means--
``(A) the main rail line between Boston,
Massachusetts and the District of Columbia;

[[Page 1649]]

``(B) the branch rail lines connecting to
Harrisburg, Pennsylvania, Springfield, Massachusetts,
and Spuyten Duyvil, New York; and
``(C) facilities and services used to operate and
maintain lines described in subparagraphs (A) and (B).
``(5) Qualified railroad asset.--The term `qualified
railroad asset' means infrastructure, equipment, or a facility
that--
``(A) is owned or controlled by an eligible
applicant;
``(B) is contained in the planning document
developed under section 24904 and for which a cost-
allocation policy has been developed under section
24905(c), or is contained in an equivalent planning
document and for which a similar cost-allocation policy
has been developed; and
``(C) was not in a state of good repair on the date
of enactment of the Passenger Rail Reform and Investment
Act of 2015.

``(b) Grant Program Authorized.--The Secretary of Transportation
shall develop and implement a program for issuing grants to applicants,
on a competitive basis, to fund capital projects that reduce the state
of good repair backlog with respect to qualified railroad assets.
``(c) Eligible Projects.--Projects eligible for grants under this
section include capital projects to replace or rehabilitate qualified
railroad assets, including--
``(1) capital projects to replace existing assets in-kind;
``(2) capital projects to replace existing assets with
assets that increase capacity or provide a higher level of
service;
``(3) capital projects to ensure that service can be
maintained while existing assets are brought to a state of good
repair; and
``(4) capital projects to bring existing assets into a state
of good repair.

``(d) Project Selection Criteria.--In selecting an applicant for a
grant under this section, the Secretary shall--
``(1) give preference to eligible projects for which--
``(A) Amtrak is not the sole applicant;
``(B) applications were submitted jointly by
multiple applicants; and
``(C) the proposed Federal share of total project
costs does not exceed 50 percent; and
``(2) take into account--
``(A) the cost-benefit analysis of the proposed
project, including anticipated private and public
benefits relative to the costs of the proposed project,
including--
``(i) effects on system and service
performance;
``(ii) effects on safety, competitiveness,
reliability, trip or transit time, and resilience;
``(iii) efficiencies from improved integration
with other modes; and
``(iv) ability to meet existing or anticipated
demand;
``(B) the degree to which the proposed project's
business plan considers potential private sector
participation in the financing, construction, or
operation of the proposed project;
``(C) the applicant's past performance in developing
and delivering similar projects, and previous financial
contributions;

[[Page 1650]]

``(D) whether the applicant has, or will have--
``(i) the legal, financial, and technical
capacity to carry out the project;
``(ii) satisfactory continuing control over
the use of the equipment or facilities; and
``(iii) the capability and willingness to
maintain the equipment or facilities;
``(E) if applicable, the consistency of the project
with planning guidance and documents set forth by the
Secretary or required by law; and
``(F) any other relevant factors, as determined by
the Secretary.

``(e) Northeast Corridor Projects.--
``(1) Compliance with usage agreements.--Grant funds may not
be provided under this section to an eligible recipient for an
eligible project located on the Northeast Corridor unless Amtrak
and the public authorities providing commuter rail passenger
transportation on the Northeast Corridor are in compliance with
section 24905(c)(2).
``(2) Capital investment plan.--When selecting projects
located on the Northeast Corridor, the Secretary shall consider
the appropriate sequence and phasing of projects as contained in
the Northeast Corridor capital investment plan developed
pursuant to section 24904(a).

``(f) Federal Share of Total Project Costs.--
``(1) Total project cost.--The Secretary shall estimate the
total cost of a project under this section based on the best
available information, including engineering studies, studies of
economic feasibility, environmental analyses, and information on
the expected use of equipment or facilities.
``(2) Federal share.--The Federal share of total costs for a
project under this section shall not exceed 80 percent.
``(3) Treatment of amtrak revenue.--If Amtrak is an
applicant under this section, Amtrak may use ticket and other
revenues generated from its operations and other sources to
satisfy the non-Federal share requirements.

``(g) Letters of Intent.--
``(1) In general.--The Secretary shall, to the maximum
extent practicable, issue a letter of intent to a grantee under
this section that--
``(A) announces an intention to obligate, for a
major capital project under this section, an amount from
future available budget authority specified in law that
is not more than the amount stipulated as the financial
participation of the Secretary in the project; and
``(B) states that the contingent commitment--
``(i) is not an obligation of the Federal
Government; and
``(ii) is subject to the availability of
appropriations for grants under this section and
subject to Federal laws in force or enacted after
the date of the contingent commitment.
``(2) Congressional notification.--
``(A) In general.--Not later than 30 days before
issuing a letter under paragraph (1), the Secretary
shall submit written notification to--

[[Page 1651]]

``(i) the Committee on Commerce, Science, and
Transportation of the Senate;
``(ii) the Committee on Appropriations of the
Senate;
``(iii) the Committee on Transportation and
Infrastructure of the House of Representatives;
and
``(iv) the Committee on Appropriations of the
House of Representatives.
``(B) Contents.--The notification submitted pursuant
to subparagraph (A) shall include--
``(i) a copy of the proposed letter;
``(ii) the criteria used under subsection (d)
for selecting the project for a grant award; and
``(iii) a description of how the project meets
such criteria.
``(3) Appropriations required.--An obligation or
administrative commitment may be made under this section only
when amounts are appropriated for such purpose.

``(h) Availability.--Amounts appropriated for carrying out this
section shall remain available until expended.
``(i) Grant Conditions.--Except as specifically provided in this
section, the use of any amounts appropriated for grants under this
section shall be subject to the grant conditions under section 24405.''.
(b) Conforming Amendment.--The table of contents for chapter
249 <>  is amended by inserting after the
item relating to section 24910 the following:

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

SEC. 11303. RESTORATION AND ENHANCEMENT GRANTS.

(a) In General.--Chapter 244 of title 49, United States Code, is
further amended by adding at the end the following:
``Sec. 24408. <>  Restoration and enhancement
grants

``(a) Applicant Defined.--Notwithstanding section 24401(1), in this
section, the term `applicant' means--
``(1) a State, including the District of Columbia;
``(2) a group of States;
``(3) an Interstate Compact;
``(4) a public agency or publicly chartered authority
established by 1 or more States;
``(5) a political subdivision of a State;
``(6) Amtrak or another rail carrier that provides intercity
rail passenger transportation;
``(7) Any rail carrier in partnership with at least 1 of the
entities described in paragraphs (1) through (5); and
``(8) any combination of the entities described in
paragraphs (1) through (7).

``(b) Grants Authorized.--The Secretary of Transportation shall
develop and implement a program for issuing operating assistance grants
to applicants, on a competitive basis, for the purpose of initiating,
restoring, or enhancing intercity rail passenger transportation.
``(c) Application.--An applicant for a grant under this section
shall submit to the Secretary--
``(1) a capital and mobilization plan that--

[[Page 1652]]

``(A) describes any capital investments, service
planning actions (such as environmental reviews), and
mobilization actions (such as qualification of train
crews) required for initiation of intercity rail
passenger transportation; and
``(B) includes the timeline for undertaking and
completing each of the investments and actions referred
to in subparagraph (A);
``(2) an operating plan that describes the planned operation
of the service, including--
``(A) the identity and qualifications of the train
operator;
``(B) the identity and qualifications of any other
service providers;
``(C) service frequency;
``(D) the planned routes and schedules;
``(E) the station facilities that will be utilized;
``(F) projected ridership, revenues, and costs;
``(G) descriptions of how the projections under
subparagraph (F) were developed;
``(H) the equipment that will be utilized, how such
equipment will be acquired or refurbished, and where
such equipment will be maintained; and
``(I) a plan for ensuring safe operations and
compliance with applicable safety regulations;
``(3) a funding plan that--
``(A) describes the funding of initial capital costs
and operating costs for the first 3 years of operation;
``(B) includes a commitment by the applicant to
provide the funds described in subparagraph (A) to the
extent not covered by Federal grants and revenues; and
``(C) describes the funding of operating costs and
capital costs, to the extent necessary, after the first
3 years of operation; and
``(4) a description of the status of negotiations and
agreements with--
``(A) each of the railroads or regional
transportation authorities whose tracks or facilities
would be utilized by the service;
``(B) the anticipated railroad carrier, if such
entity is not part of the applicant group; and
``(C) any other service providers or entities
expected to provide services or facilities that will be
used by the service, including any required access to
Amtrak systems, stations, and facilities if Amtrak is
not part of the applicant group.

``(d) Priorities.--In awarding grants under this section, the
Secretary shall give priority to applications--
``(1) for which planning, design, any environmental reviews,
negotiation of agreements, acquisition of equipment,
construction, and other actions necessary for initiation of
service have been completed or nearly completed;
``(2) that would restore service over routes formerly
operated by Amtrak, including routes described in section 11304
of the Passenger Rail Reform and Investment Act of 2015;
``(3) that would provide daily or daytime service over
routes where such service did not previously exist;

[[Page 1653]]

``(4) that include funding (including funding from
railroads), or other significant participation by State, local,
and regional governmental and private entities;
``(5) that include a funding plan that demonstrates the
intercity rail passenger service will be financially sustainable
beyond the 3-year grant period;
``(6) that would provide service to regions and communities
that are underserved or not served by other intercity public
transportation;
``(7) that would foster economic development, particularly
in rural communities and for disadvantaged populations;
``(8) that would provide other non-transportation benefits;
and
``(9) that would enhance connectivity and geographic
coverage of the existing national network of intercity rail
passenger service.

``(e) Limitations.--
``(1) Duration.--Federal operating assistance grants
authorized under this section for any individual intercity rail
passenger transportation route may not provide funding for more
than 3 years and may not be renewed.
``(2) Limitation.--Not more than 6 of the operating
assistance grants awarded pursuant to subsection (b) may be
simultaneously active.
``(3) Maximum funding.--Grants described in paragraph (1)
may not exceed--
``(A) 80 percent of the projected net operating
costs for the first year of service;
``(B) 60 percent of the projected net operating
costs for the second year of service; and
``(C) 40 percent of the projected net operating
costs for the third year of service.

``(f) Use With Capital Grants and Other Federal Funding.--A
recipient of an operating assistance grant under subsection (b) may use
that grant in combination with other Federal grants awarded that would
benefit the applicable service.
``(g) Availability.--Amounts appropriated for carrying out this
section shall remain available until expended.
``(h) Coordination With Amtrak.--If the Secretary awards a grant
under this section to a rail carrier other than Amtrak, Amtrak may be
required consistent with section 24711(c)(1) of this title to provide
access to its reservation system, stations, and facilities that are
directly related to operations to such carrier, to the extent necessary
to carry out the purposes of this section. The Secretary may award an
appropriate portion of the grant to Amtrak as compensation for this
access.
``(i) Conditions.--
``(1) Grant agreement.--The Secretary shall require a grant
recipient under this section to enter into a grant agreement
that requires such recipient to provide similar information
regarding the route performance, financial, and ridership
projections, and capital and business plans that Amtrak is
required to provide, and such other data and information as the
Secretary considers necessary.
``(2) Installments; termination.--The Secretary may--
``(A) award grants under this section in
installments, as the Secretary considers appropriate;
and

[[Page 1654]]

``(B) terminate any grant agreement upon--
``(i) the cessation of service; or
``(ii) the violation of any other term of the
grant agreement.
``(3) Grant conditions.--The Secretary shall require each
recipient of a grant under this section to comply with the grant
requirements of section 24405.

``(j) Report.--Not later than 4 years after the date of enactment of
the Passenger Rail Reform and Investment Act of 2015, the Secretary,
after consultation with grant recipients under this section, shall
submit to Congress a report that describes--
``(1) the implementation of this section;
``(2) the status of the investments and operations funded by
such grants;
``(3) the performance of the routes funded by such grants;
``(4) the plans of grant recipients for continued operation
and funding of such routes; and
``(5) any legislative recommendations.''.

(b) Conforming Amendments.--
(1) Chapter 244.--Chapter 244 of title 49, United States
Code, <>  is further amended--
(A) in the table of contents by adding at the end
the following:

``24408. Restoration and enhancement grants.'';

(B) in the chapter heading by striking ``INTERCITY
PASSENGER RAIL SERVICE CORRIDOR CAPITAL ASSISTANCE'' and
inserting ``RAIL IMPROVEMENT GRANTS'';
(C) in section 24402 by striking subsection (j); and
(D) in section 24405--
(i) in subsection (b)(2) by striking ``(43''
and inserting ``(45'';
(ii) in subsection (c)(2)(B) by striking
``protective arrangements established'' and
inserting ``protective arrangements that are
equivalent to the protective arrangements
established'';
(iii) in subsection (d)(1), in the matter
preceding subparagraph (A), by inserting ``or
unless Amtrak ceased providing intercity passenger
railroad transportation over the affected route
more than 3 years before the commencement of new
service'' after ``unless such service was provided
solely by Amtrak to another entity''; and
(iv) in subsection (f) by striking ``under
this chapter for commuter rail passenger
transportation, as defined in section 24102(4) of
this title.'' and inserting ``under this chapter
for commuter rail passenger transportation (as
defined in section 24102(3)).''; and
(2) Table of chapters amendment.--The item relating to
chapter 244 in the table of chapters of subtitle V of title 49,
United States Code, <>  is amended by
striking ``Intercity passenger rail service corridor capital
assistance'' and inserting ``Rail improvement grants''.

[[Page 1655]]

SEC. 11304. GULF COAST RAIL SERVICE WORKING GROUP.

(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary shall convene a working group to evaluate the
restoration of intercity rail passenger service in the Gulf Coast region
between New Orleans, Louisiana, and Orlando, Florida.
(b) Membership.--The working group convened pursuant to subsection
(a) shall consist of representatives of--
(1) the Federal Railroad Administration, which shall serve
as chair of the working group;
(2) Amtrak;
(3) the States along the proposed route or routes;
(4) regional transportation planning organizations and
metropolitan planning organizations, municipalities, and
communities along the proposed route or routes, which shall be
selected by the Administrator;
(5) the Southern Rail Commission;
(6) railroad carriers whose tracks may be used for such
service; and
(7) other entities determined appropriate by the Secretary,
which may include other railroad carriers that express an
interest in Gulf Coast service.

(c) Responsibilities.--The working group shall--
(1) evaluate all options for restoring intercity rail
passenger service in the Gulf Coast region, including options
outlined in the report transmitted to Congress pursuant to
section 226 of the Passenger Rail Investment and Improvement Act
of 2008 (division B of Public Law 110-432);
(2) select a preferred option for restoring such service;
(3) develop a prioritized inventory of capital projects and
other actions required to restore such service and cost
estimates for such projects or actions; and
(4) identify Federal and non-Federal funding sources
required to restore such service, including options for entering
into public-private partnerships to restore such service.

(d) Report.--Not later than 9 months after the date of enactment of
this Act, the working group shall submit a report to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives that
includes--
(1) the preferred option selected under subsection (c)(2)
and the reasons for selecting such option;
(2) the information described in subsection (c)(3);
(3) the funding sources identified under subsection (c)(4);
(4) the costs and benefits of restoring intercity rail
passenger transportation in the region; and
(5) any other information the working group determines
appropriate.

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

[[Page 1656]]

SEC. 11305. NORTHEAST CORRIDOR COMMISSION.

(a) Composition.--Section 24905(a) of title 49, United States Code,
is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A) by
inserting ``, infrastructure investments,'' after ``rail
operations'';
(B) by striking subparagraph (B) and inserting the
following:
``(B) members representing the Department of
Transportation, including the Office of the Secretary,
the Federal Railroad Administration, and the Federal
Transit Administration;''; and
(C) in subparagraph (D) by inserting ``and
commuter'' after ``freight''; and
(2) by amending paragraph (6) to read as follows:
``(6) The members of the Commission shall elect co-chairs
consisting of 1 member described in paragraph (1)(B) and 1
member described in paragraph (1)(C).''.

(b) Statement of Goals and Recommendations.--Section 24905(b) of
title 49, United States Code, is amended--
(1) in paragraph (1) by inserting ``and periodically
update'' after ``develop'';
(2) in paragraph (2)(A) by striking ``beyond those specified
in the state-of-good-repair plan under section 211 of the
Passenger Rail Investment and Improvement Act of 2008''; and
(3) by adding at the end the following:
``(3) Submission of statement of goals, recommendations, and
performance reports.--The Commission shall submit to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives--
``(A) any updates made to the statement of goals
developed under paragraph (1) not later than 60 days
after such updates are made; and
``(B) annual performance reports and recommendations
for improvements, as appropriate, issued not later than
March 31 of each year, for the prior fiscal year, which
summarize--
``(i) the operations and performance of
commuter, intercity, and freight rail
transportation along the Northeast Corridor; and
``(ii) the delivery of the capital investment
plan described in section 24904.''.

(c) Cost Allocation Policy.--Section 24905(c) of title 49, United
States Code, is amended--
(1) in the subsection heading by striking ``Access Costs''
and inserting ``Allocation of Costs'';
(2) in paragraph (1)--
(A) in the paragraph heading by striking ``formula''
and inserting ``policy'';
(B) in the matter preceding subparagraph (A) by
striking ``Within 2 years after the date of enactment of
the Passenger Rail Investment and Improvement Act of
2008, the Commission'' and inserting ``The Commission'';
(C) in subparagraph (A) by striking ``formula'' and
inserting ``policy''; and

[[Page 1657]]

(D) by striking subparagraphs (B) through (D) and
inserting the following:
``(B) develop a proposed timetable for implementing
the policy;
``(C) submit the policy and the timetable developed
under subparagraph (B) to the Surface Transportation
Board, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on
Transportation and Infrastructure of the House of
Representatives;
``(D) not later than October 1, 2015, adopt and
implement the policy in accordance with the timetable;
and
``(E) with the consent of a majority of its members,
petition the Surface Transportation Board to appoint a
mediator to assist the Commission members through
nonbinding mediation to reach an agreement under this
section.'';
(3) in paragraph (2)--
(A) by striking ``formula proposed in'' and
inserting ``policy developed under''; and
(B) in the second sentence--
(i) by striking ``the timetable, the
Commission shall petition the Surface
Transportation Board to'' and inserting
``paragraph (1)(D) or fail to comply with the
policy thereafter, the Surface Transportation
Board shall''; and
(ii) by striking ``amounts for such services
in accordance with section 24904(c) of this
title'' and inserting ``for such usage in
accordance with the procedures and procedural
schedule applicable to a proceeding under section
24903(c), after taking into consideration the
policy developed under paragraph (1)(A), as
applicable'';
(4) in paragraph (3), by striking ``formula'' and inserting
``policy''; and
(5) by adding at the end the following:
``(4) Request for dispute resolution.--If a dispute arises
with the implementation of, or compliance with, the policy
developed under paragraph (1), the Commission, Amtrak, or public
authorities providing commuter rail passenger transportation on
the Northeast Corridor may request that the Surface
Transportation Board conduct dispute resolution. The Surface
Transportation Board shall establish procedures for resolution
of disputes brought before it under this paragraph, which may
include the provision of professional mediation services.''.

(d) Conforming Amendments.--
(1) Title 49.--Section 24905 of title 49, United States
Code, is amended--
(A) in the section heading by striking
``infrastructure and operations advisory'';
(B) in subsection (a)--
(i) in the heading by striking
``Infrastructure and Operations Advisory''; and
(ii) by striking ``Infrastructure and
Operations Advisory'';
(C) by striking subsection (d);

[[Page 1658]]

(D) by redesignating subsections (e) and (f) as
subsections (d) and (e), respectively;
(E) in subsection (d), as so redesignated--
(i) by striking ``to the Commission'' and
inserting ``to the Secretary for the use of the
Commission and the Northeast Corridor Safety
Committee''; and
(ii) by striking ``for the period encompassing
fiscal years 2009 through 2013 to carry out this
section'' and inserting ``to carry out this
section during fiscal years 2016 through 2020, in
addition to any amounts withheld under section
11101(g) of the Passenger Rail Reform and
Investment Act of 2015''; and
(F) in subsection (e)(2), as so redesignated, by
striking ``on the main line.'' and inserting ``on the
main line and meet annually with the Commission on the
topic of Northeast Corridor safety and security.''.
(2) Table of contents.--The table of contents for chapter
249 of title 49, United States Code, <>  is amended by striking the item relating to section
24905 and inserting the following:

``24905. Northeast Corridor Commission.''.

SEC. 11306. NORTHEAST CORRIDOR PLANNING.

(a) Amendment.--Chapter 249 of title 49, United States Code, is
amended--
(1) by redesignating section 24904 as section 24903; and
(2) by inserting after section 24903, as so redesignated,
the following:
``Sec. 24904. <>  Northeast Corridor planning

``(a) Northeast Corridor Capital Investment Plan.--
``(1) Requirement.--Not later than May 1 of each year, the
Northeast Corridor Commission established under section 24905
(referred to in this section as the `Commission') shall--
``(A) develop a capital investment plan for the
Northeast Corridor; and
``(B) submit the capital investment plan to the
Secretary of Transportation and the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of
the House of Representatives.
``(2) Contents.--The capital investment plan shall--
``(A) reflect coordination and network optimization
across the entire Northeast Corridor;
``(B) integrate the individual capital and service
plans developed by each operator using the methods
described in the cost allocation policy developed under
section 24905(c);
``(C) cover a period of 5 fiscal years, beginning
with the first fiscal year after the date on which the
plan is completed;
``(D) notwithstanding section 24902(b), identify,
prioritize, and phase the implementation of projects and
programs to achieve the service outcomes identified in
the Northeast Corridor service development plan and the
asset condition needs identified in the Northeast
Corridor asset management plans, once available, and
consider--

[[Page 1659]]

``(i) the benefits and costs of capital
investments in the plan;
``(ii) project and program readiness;
``(iii) the operational impacts; and
``(iv) Federal and non-Federal funding
availability;
``(E) categorize capital projects and programs as
primarily associated with--
``(i) normalized capital replacement and basic
infrastructure renewals;
``(ii) replacement or rehabilitation of major
Northeast Corridor infrastructure assets,
including tunnels, bridges, stations, and other
assets;
``(iii) statutory, regulatory, or other legal
mandates;
``(iv) improvements to support service
enhancements or growth; or
``(v) strategic initiatives that will improve
overall operational performance or lower costs;
``(F) identify capital projects and programs that
are associated with more than 1 category described in
subparagraph (E);
``(G) describe the anticipated outcomes of each
project or program, including an assessment of--
``(i) the potential effect on passenger
accessibility, operations, safety, reliability,
and resiliency;
``(ii) the ability of infrastructure owners
and operators to meet regulatory requirements if
the project or program is not funded; and
``(iii) the benefits and costs; and
``(H) include a financial plan.
``(3) Financial plan.--The financial plan under paragraph
(2)(H) shall--
``(A) identify funding sources and financing
methods;
``(B) identify the expected allocated shares of
costs pursuant to the cost allocation policy developed
under section 24905(c);
``(C) identify the projects and programs that the
Commission expects will receive Federal financial
assistance; and
``(D) identify the eligible entity or entities that
the Commission expects will receive the Federal
financial assistance described under subparagraph (C)
and implement each capital project.

``(b) Failure To Develop a Capital Investment Plan.--If a capital
investment plan has not been developed by the Commission for a given
fiscal year, then the funds assigned to the Northeast Corridor account
established under section 24317(b) for that fiscal year may be spent
only on--
``(1) capital projects described in clause (i) or (iii) of
subsection (a)(2)(E) of this section; or
``(2) capital projects described in subsection (a)(2)(E)(iv)
or (v) of this section that are for the sole benefit of Amtrak.

``(c) Northeast Corridor Asset Management.--
``(1) Contents.--With regard to its infrastructure, Amtrak
and each State and public transportation entity that owns
infrastructure that supports or provides for intercity rail
passenger transportation on the Northeast Corridor shall develop

[[Page 1660]]

an asset management system and develop and update, as necessary,
a Northeast Corridor asset management plan for each service
territory described in subsection (a) that--
``(A) is consistent with the Federal Transit
Administration process, as authorized under section
5326, when implemented; and
``(B) includes, at a minimum--
``(i) an inventory of all capital assets owned
by the developer of the asset management plan;
``(ii) an assessment of asset condition;
``(iii) a description of the resources and
processes necessary to bring or maintain those
assets in a state of good repair, including
decision-support tools and investment
prioritization methods; and
``(iv) a description of changes in asset
condition since the previous version of the plan.
``(2) Transmittal.--Each entity described in paragraph (1)
shall transmit to the Commission--
``(A) not later than 2 years after the date of
enactment of the Passenger Rail Reform and Investment
Act of 2015, a Northeast Corridor asset management plan
developed under paragraph (1); and
``(B) at least biennially thereafter, an update to
such plan.

``(d) Northeast Corridor Service Development Plan Updates.--Not less
frequently than once every 10 years, the Commission shall update the
Northeast Corridor service development plan.
``(e) Definition of Northeast Corridor.--In this section, the term
`Northeast Corridor' means the main line between Boston, Massachusetts,
and the District of Columbia, and the Northeast Corridor branch lines
connecting to Harrisburg, Pennsylvania, Springfield, Massachusetts, and
Spuyten Duyvil, New York, including the facilities and services used to
operate and maintain those lines.''.
(b) Conforming Amendments.--
(1) Note and mortgage.--Section 24907(a) of title 49, United
States Code, is amended by striking ``section 24904 of this
title'' and inserting ``section 24903''.
(2) Table of contents.--The table of contents for chapter
249 of title 49, United States Code, <>  is amended--
(A) by redesignating the item relating to section
24904 as relating to section 24903; and
(B) by inserting after the item relating to section
24903, as so redesignated, the following:

``24904. Northeast Corridor planning.''.

(3) Repeal.--Section 211 of the Passenger Rail Investment
and Improvement Act of 2008 (49 U.S.C. 24902 note) is repealed.
SEC. 11307. COMPETITION.

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

[[Page 1661]]

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

``(a) In General.--Not later than 18 months after the date of
enactment of the Passenger Rail Reform and Investment Act of 2015, the
Secretary of Transportation shall promulgate a rule to implement a pilot
program for competitive selection of eligible petitioners described in
subsection (b)(3) in lieu of Amtrak to operate not more than 3 long-
distance routes (as defined in section 24102) operated by Amtrak on the
date of enactment of such Act.
``(b) Pilot Program Requirements.--
``(1) In general.--The pilot program shall--
``(A) allow a petitioner described in paragraph (3)
to petition the Secretary to provide intercity rail
passenger transportation over a long-distance route
described in subsection (a) for an operation period of 4
years from the date of commencement of service by the
winning bidder and, at the option of the Secretary,
consistent with the rule promulgated under subsection
(a), allow the contract to be renewed for 1 additional
operation period of 4 years;
``(B) require the Secretary to--
``(i) notify the petitioner and Amtrak of
receipt of the petition under subparagraph (A) and
to publish in the Federal Register a notice of
receipt not later than 30 days after the date of
receipt;
``(ii) establish a deadline, of not more than
120 days after the notice of receipt is published
in the Federal Register under clause (i), by which
both the petitioner and Amtrak, if Amtrak chooses
to do so, would be required to submit a complete
bid to provide intercity rail passenger
transportation over the applicable route; and
``(iii) upon selecting a winning bid, publish
in the Federal Register the identity of the
winning bidder, the long distance route that the
bidder will operate, a detailed justification of
the reasons why the Secretary selected the bid,
and any other information the Secretary determines
appropriate for public comment for a reasonable
period of time not to exceed 30 days after the
date on which the Secretary selects the bid;
``(C) require that each bid--
``(i) describe the capital needs, financial
projections, and operational plans, including
staffing plans, for the service, and such other
factors as the Secretary considers appropriate;
and
``(ii) be made available by the winning bidder
to the public after the bid award with any
appropriate redactions for confidential or
proprietary information;
``(D) for a route that receives funding from a State
or States, require that for each bid received from a
petitioner described in paragraph (3), other than such
State or States, the Secretary have the concurrence of
the State or States that provide funding for that route;
and
``(E) for a winning bidder that is not or does not
include Amtrak, require the Secretary to execute a
contract not later than 270 days after the deadline
established under subparagraph (B)(ii) and award to the
winning bidder--
``(i) subject to paragraphs (4) and (5), the
right and obligation to provide intercity rail
passenger

[[Page 1662]]

transportation over that route subject to such
performance standards as the Secretary may
require; and
``(ii) an operating subsidy, as determined by
the Secretary, for--
``(I) the first year at a level that
does not exceed 90 percent of the level
in effect for that specific route during
the fiscal year preceding the fiscal
year in which the petition was received,
adjusted for inflation; and
``(II) any subsequent years at the
level calculated under subclause (I),
adjusted for inflation.
``(2) Limitation.--The requirements under paragraph (1)(E),
including the amounts of operating subsidies in the first and
any subsequent years under paragraph (1)(E)(ii), shall not apply
to a winning bidder that is or includes Amtrak.
``(3) Eligible petitioners.--The following parties are
eligible to submit petitions under paragraph (1):
``(A) A rail carrier or rail carriers that own the
infrastructure over which Amtrak operates a long-
distance route, or another rail carrier that has a
written agreement with a rail carrier or rail carriers
that own such infrastructure.
``(B) A State, group of States, or State-supported
joint powers authority or other sub-State governance
entity responsible for provision of intercity rail
passenger transportation with a written agreement with
the rail carrier or rail carriers that own the
infrastructure over which Amtrak operates a long-
distance route and that host or would host the intercity
rail passenger transportation.
``(C) A State, group of States, or State-supported
joint powers authority or other sub-State governance
entity responsible for provision of intercity rail
passenger transportation and a rail carrier with a
written agreement with another rail carrier or rail
carriers that own the infrastructure over which Amtrak
operates a long-distance route and that host or would
host the intercity rail passenger transportation.
``(4) Performance standards.--The performance standards
required under paragraph (1)(E)(i) shall meet or exceed the
performance required of or achieved by Amtrak on the applicable
route during the last fiscal year.
``(5) Agreement governing access issues.--Unless the winning
bidder already has applicable access rights or agreements in
place or includes a rail carrier that owns the infrastructure
used in the operation of the route, a winning bidder that is not
or does not include Amtrak shall enter into a written agreement
governing access issues between the winning bidder and the rail
carrier or rail carriers that own the infrastructure over which
the winning bidder would operate and that host or would host the
intercity rail passenger transportation.

``(c) Access to Facilities; Employees.--If the Secretary awards the
right and obligation to provide intercity rail passenger transportation
over a route described in this section to an eligible petitioner--
``(1) the Secretary shall, if necessary to carry out the
purposes of this section, require Amtrak to provide access to
the

[[Page 1663]]

Amtrak-owned reservation system, stations, and facilities
directly related to operations of the awarded routes to the
eligible petitioner awarded a contract under this section, in
accordance with subsection (g);
``(2) an employee of any person, except as provided in a
collective bargaining agreement, used by such eligible
petitioner in the operation of a route under this section shall
be considered an employee of that eligible petitioner and
subject to the applicable Federal laws and regulations governing
similar crafts or classes of employees of Amtrak; and
``(3) the winning bidder shall provide hiring preference to
qualified Amtrak employees displaced by the award of the bid,
consistent with the staffing plan submitted by the bidder, and
shall be subject to the grant conditions under section 24405.

``(d) Cessation of Service.--If an eligible petitioner awarded a
route under this section ceases to operate the service or fails to
fulfill an obligation under a contract required under subsection
(b)(1)(E), the Secretary, in collaboration with the Surface
Transportation Board, shall take any necessary action consistent with
this title to enforce the contract and ensure the continued provision of
service, including--
``(1) the installment of an interim rail carrier;
``(2) providing to the interim rail carrier under paragraph
(1) an operating subsidy necessary to provide service; and
``(3) rebidding the contract to operate the intercity rail
passenger transportation.

``(e) Budget Authority.--
``(1) In general.--The Secretary shall provide to a winning
bidder that is not or does not include Amtrak and that is
selected under this section any appropriations withheld under
section 11101(e) of the Passenger Rail Reform and Investment Act
of 2015, or any subsequent appropriation for the same purpose,
necessary to cover the operating subsidy described in subsection
(b)(1)(E)(ii).
``(2) Attributable costs.--If the Secretary selects a
winning bidder that is not or does not include Amtrak, the
Secretary shall provide to Amtrak an appropriate portion of the
appropriations under section 11101(b) of the Passenger Rail
Reform and Investment Act of 2015, or any subsequent
appropriation for the same purpose, to cover any cost directly
attributable to the termination of Amtrak service on the route
and any indirect costs to Amtrak imposed on other Amtrak routes
as a result of losing service on the route operated by the
winning bidder. Any amount provided by the Secretary to Amtrak
under this paragraph shall not be deducted from or have any
effect on the operating subsidy described in subsection
(b)(1)(E)(ii).

``(f) Reporting.--If the Secretary does not promulgate the final
rule before the deadline under subsection (a), the Secretary shall, not
later than 19 months after the date of enactment of the Passenger Rail
Reform and Investment Act of 2015 and every 90 days thereafter until the
rule is complete, notify the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives in writing--
``(1) the reasons why the rule has not been issued;

[[Page 1664]]

``(2) a plan for completing the rule as soon as reasonably
practicable; and
``(3) the estimated date of completion of the rule.

``(g) Disputes.--
``(1) Petitioning surface transportation board.--If Amtrak
and the eligible petitioner awarded a route under this section
cannot agree upon terms to carry out subsection (c)(1), either
party may petition the Surface Transportation Board for a
determination as to--
``(A) whether access to Amtrak's facility or
equipment, or the provisions of services by Amtrak, is
necessary under subsection (c)(1); and
``(B) whether the operation of Amtrak's other
services will not be unreasonably impaired by such
access.
``(2) Surface transportation board determination.--If the
Surface Transportation Board determines access to Amtrak's
facilities or equipment, or the provision of services by Amtrak,
is necessary under paragraph (1)(A) and the operation of
Amtrak's other services will not be unreasonably impaired under
paragraph (1)(B), the Board shall issue an order that--
``(A) requires Amtrak to provide the applicable
facilities, equipment, and services; and
``(B) determines reasonable compensation, liability,
and other terms for the use of the facilities and
equipment and the provision of the services.

``(h) Limitation.--Not more than 3 long-distance routes may be
selected under this section for operation by a winning bidder that is
not or does not include Amtrak.
``(i) Preservation of Right to Competition on State-Supported
Routes.--Nothing in this section shall be construed as prohibiting a
State from introducing competition for intercity rail passenger
transportation or services on its State-supported route or routes.
``(j) Savings Clause.--Nothing in this section shall affect Amtrak's
access rights to railroad rights-of-way and facilities.''.
(b) Conforming Amendment.--The table of contents for section 24711
of title 49, United States Code, <>  is
amended to read as follows:

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

(c) Report.--Not later than 4 years after the date of implementation
of the pilot program under section 24711 of title 49, United States
Code, and quadrennially thereafter until the pilot program is
discontinued, the Secretary shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report on the results of the pilot program to date and any
recommendations for further action.
SEC. 11308. <>  PERFORMANCE-BASED
PROPOSALS.

(a) Solicitation of Proposals.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, the Secretary shall issue a request for
proposals for projects for the financing, design, construction,
operation, and maintenance of a high-speed passenger rail system
operating within a high-speed rail corridor, including--

[[Page 1665]]

(A) the Northeast Corridor;
(B) the California Corridor;
(C) the Empire Corridor;
(D) the Pacific Northwest Corridor;
(E) the South Central Corridor;
(F) the Gulf Coast Corridor;
(G) the Chicago Hub Network;
(H) the Florida Corridor;
(I) the Keystone Corridor;
(J) the Northern New England Corridor; and
(K) the Southeast Corridor.
(2) Submission.--Proposals shall be submitted to the
Secretary not later than 180 days after the publication of the
request for proposals under paragraph (1).
(3) Performance standard.--Proposals submitted under
paragraph (2) shall meet any standards established by the
Secretary. For corridors with existing intercity passenger rail
service, proposals shall also be designed to achieve a reduction
of existing minimum intercity rail service trip times between
the main corridor city pairs by a minimum of 25 percent. In the
case of a proposal submitted with respect to paragraph (1)(A),
the proposal shall be designed to achieve a 2-hour or less
express service between Washington, District of Columbia, and
New York City, New York.
(4) Contents.--A proposal submitted under this subsection
shall include--
(A) the names and qualifications of the persons
submitting the proposal and the entities proposed to
finance, design, construct, operate, and maintain the
railroad, railroad equipment, and related facilities,
stations, and infrastructure;
(B) a detailed description of the proposed rail
service, including possible routes, required
infrastructure investments and improvements, equipment
needs and type, train frequencies, peak and average
operating speeds, and trip times;
(C) a description of how the project would comply
with all applicable Federal rail safety and security
laws, orders, and regulations;
(D) the locations of proposed stations, which
maximize the usage of existing infrastructure to the
extent possible, and the populations such stations are
intended to serve;
(E) the type of equipment to be used, including any
technologies, to achieve trip time goals;
(F) a description of any proposed legislation needed
to facilitate all aspects of the project;
(G) a financing plan identifying--
(i) projected revenue, and sources thereof;
(ii) the amount of any requested public
contribution toward the project, and proposed
sources;
(iii) projected annual ridership projections
for the first 10 years of operations;
(iv) annual operations and capital costs;
(v) the projected levels of capital
investments required both initially and in
subsequent years to maintain a state-of-good-
repair necessary to provide

[[Page 1666]]

the initially proposed level of service or higher
levels of service;
(vi) projected levels of private investment
and sources thereof, including the identity of any
person or entity that has made or is expected to
make a commitment to provide or secure funding and
the amount of such commitment; and
(vii) projected funding for the full fair
market compensation for any asset, property right
or interest, or service acquired from, owned, or
held by a private person or Federal entity that
would be acquired, impaired, or diminished in
value as a result of a project, except as
otherwise agreed to by the private person or
entity;
(H) a description of how the project would
contribute to the development of a national high-speed
passenger rail system and an intermodal plan describing
how the system will facilitate convenient travel
connections with other transportation services;
(I) a description of how the project will ensure
compliance with Federal laws governing the rights and
status of employees associated with the route and
service, including those specified in section 24405 of
title 49, United States Code;
(J) a description of how the design, construction,
implementation, and operation of the project will
accommodate and allow for future growth of existing and
projected intercity, commuter, and freight rail service;
(K) a description of how the project would comply
with Federal and State environmental laws and
regulations, of what environmental impacts would result
from the project, and of how any adverse impacts would
be mitigated; and
(L) a description of the project's impacts on
highway and aviation congestion, energy consumption,
land use, and economic development in the service area.

(b) Determination and Establishment of Commissions.--Not later than
90 days after receipt of the proposals under subsection (a), the
Secretary shall--
(1) make a determination as to whether any such proposals--
(A) contain the information required under
paragraphs (3) and (4) of subsection (a);
(B) are sufficiently credible to warrant further
consideration;
(C) are likely to result in a positive impact on the
Nation's transportation system; and
(D) are cost-effective and in the public interest;
(2) establish a commission for each corridor with 1 or more
proposals that the Secretary determines satisfy the requirements
of paragraph (1); and
(3) forward to each commission established under paragraph
(2) the applicable proposals for review and consideration.

(c) Commissions.--
(1) Members.--Each commission established under subsection
(b)(2) shall include--

[[Page 1667]]

(A) the Governors of the affected States, or their
respective designees;
(B) mayors of appropriate municipalities with stops
along the proposed corridor, or their respective
designees;
(C) a representative from each freight railroad
carrier using the relevant corridor, if applicable;
(D) a representative from each transit authority
using the relevant corridor, if applicable;
(E) representatives of nonprofit employee labor
organizations representing affected railroad employees;
and
(F) the President of Amtrak or his or her designee.
(2) Appointment and selection.--The Secretary shall appoint
the members under paragraph (1). In selecting each commission's
members to fulfill the requirements under subparagraphs (B) and
(E) of paragraph (1), the Secretary shall consult with the
Chairperson and Ranking Member of the Committee on Commerce,
Science, and Transportation of the Senate and of the Committee
on Transportation and Infrastructure of the House of
Representatives.
(3) Chairperson and vice-chairperson selection.--The
Chairperson and Vice-Chairperson shall be elected from among
members of each commission.
(4) Quorum and vacancy.--
(A) Quorum.--A majority of the members of each
commission shall constitute a quorum.
(B) Vacancy.--Any vacancy in each commission shall
not affect its powers and shall be filled in the same
manner in which the original appointment was made.

(d) Commission Consideration.--
(1) In general.--Each commission established under
subsection (b)(2) shall be responsible for reviewing the
proposal or proposals forwarded to it under that subsection and,
not later than 90 days after the establishment of the
commission, shall transmit to the Secretary a report,
including--
(A) a summary of each proposal received;
(B) services to be provided under each proposal,
including projected ridership, revenues, and costs;
(C) proposed public and private contributions for
each proposal;
(D) the advantages offered by the proposal over
existing intercity passenger rail services;
(E) public operating subsidies or assets needed for
the proposed project;
(F) possible risks to the public associated with the
proposal, including risks associated with project
financing, implementation, completion, safety, and
security;
(G) a ranked list of the proposals recommended for
further consideration under subsection (e) in accordance
with each proposal's projected positive impact on the
Nation's transportation system;
(H) an identification of any proposed Federal
legislation that would facilitate implementation of the
projects and Federal legislation that would be required
to implement the projects; and
(I) any other recommendations by the commission
concerning the proposed projects.

[[Page 1668]]

(2) Verbal presentation.--Proposers shall be given an
opportunity to make a verbal presentation to the commission to
explain their proposals.
(3) Authorization of appropriations.--There is authorized to
be appropriated to the Secretary for the use of each commission
established under subsection (b)(2) such sums as are necessary
to carry out this section.

(e) Selection by Secretary.--
(1) In general.--Not later than 60 days after receiving the
recommended proposals of the commissions established under
subsection (b)(2), the Secretary shall--
(A) review such proposals and select any proposal
that provides substantial benefits to the public and the
national transportation system, is cost-effective,
offers significant advantages over existing services,
and meets other relevant factors determined appropriate
by the Secretary; and
(B) submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report containing any proposal with
respect to subsection (a)(1)(A) that is selected by the
Secretary under subparagraph (A) of this paragraph, all
the information regarding the proposal provided to the
Secretary under subsection (d), and any other
information the Secretary considers relevant.
(2) Subsequent report.--Following the submission of the
report under paragraph (1)(B), the Secretary shall submit to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives a report containing any proposal with
respect to subparagraphs (B) through (K) of subsection (a)(1)
that are selected by the Secretary under paragraph (1) of this
subsection, all the information regarding the proposal provided
to the Secretary under subsection (d), and any other information
the Secretary considers relevant.
(3) Limitation on report submission.--The report required
under paragraph (2) shall not be submitted by the Secretary
until the report submitted under paragraph (1)(B) has been
considered through a hearing by the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives on the report submitted under paragraph (1)(B).

(f) No Actions Without Additional Authority.--No Federal agency may
take any action to implement, establish, facilitate, or otherwise act
upon any proposal submitted under this section, other than those actions
specifically authorized by this section, without explicit statutory
authority enacted after the date of enactment of this Act.
(g) Adequate Resources.--Before taking any action authorized under
this section the Secretary shall certify to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives that
the Secretary has sufficient resources that are adequate to undertake
the program established under this section.
(h) Definitions.--In this section:

[[Page 1669]]

(1) Intercity passenger rail.--The term ``intercity
passenger rail'' has the meaning given the term in section 24102
of title 49, United States Code.
(2) State.--The term ``State'' means any of the 50 States or
the District of Columbia.
SEC. 11309. LARGE CAPITAL PROJECT REQUIREMENTS.

Section 24402 of title 49, United States Code, is amended by
inserting after subsection (i) the following:
``(j) Large Capital Project Requirements.--
``(1) In general.--For a grant awarded under this chapter
for an amount in excess of $1,000,000,000, the following
conditions shall apply:
``(A) The Secretary may not obligate any funding
unless the applicant demonstrates, to the satisfaction
of the Secretary, that the applicant has committed, and
will be able to fulfill, the non-Federal share required
for the grant within the applicant's proposed project
completion timetable.
``(B) The Secretary may not obligate any funding for
work activities that occur after the completion of final
design unless--
``(i) the applicant submits a financial plan
to the Secretary that generally identifies the
sources of the non-Federal funding required for
any subsequent segments or phases of the corridor
service development program covering the project
for which the grant is awarded;
``(ii) the grant will result in a useable
segment, a transportation facility, or equipment,
that has operational independence; and
``(iii) the intercity passenger rail benefits
anticipated to result from the grant, such as
increased speed, improved on-time performance,
reduced trip time, increased frequencies, new
service, safety improvements, improved
accessibility, or other significant enhancements,
are detailed by the grantee and approved by the
Secretary.
``(C)(i) The Secretary shall ensure that the project
is maintained to the level of utility that is necessary
to support the benefits approved under subparagraph
(B)(iii) for a period of 20 years from the date on which
the useable segment, transportation facility, or
equipment described in subparagraph (B)(ii) is placed in
service.
``(ii) If the project property is not maintained as
required under clause (i) for a 12-month period, the
grant recipient shall refund a pro-rata share of the
Federal contribution, based upon the percentage
remaining of the 20-year period that commenced when the
project property was placed in service.
``(2) Early work.--The Secretary may allow a grantee subject
to this subsection to engage in at-risk work activities
subsequent to the conclusion of final design if the Secretary
determines that such work activities are reasonable and
necessary.''.

[[Page 1670]]

SEC. 11310. SMALL BUSINESS PARTICIPATION STUDY.

(a) Study.--The Secretary shall conduct a nationwide disparity and
availability study on the availability and use of small business
concerns owned and controlled by socially and economically disadvantaged
individuals and veteran-owned small businesses in publicly funded
intercity rail passenger transportation projects.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit a report containing the results of
the study conducted under subsection (a) to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives.
(c) Definitions.--In this section:
(1) Small business concern.--The term ``small business
concern'' has the meaning given such term in section 3 of the
Small Business Act (15 U.S.C. 632), except that the term does
not include any concern or group of concerns controlled by the
same socially and economically disadvantaged individual or
individuals that have average annual gross receipts during the
preceding 3 fiscal years in excess of $22,410,000, as adjusted
annually by the Secretary for inflation.
(2) Socially and economically disadvantaged individual.--The
term ``socially and economically disadvantaged individual'' has
the meaning given such term in section 8(d) of the Small
Business Act (15 U.S.C. 637(d)) and relevant subcontracting
regulations issued pursuant to such Act, except that women shall
be presumed to be socially and economically disadvantaged
individuals for purposes of this section.
(3) Veteran-owned small business.--The term ``veteran-owned
small business'' has the meaning given the term ``small business
concern owned and controlled by veterans'' in section 3(q)(3) of
the Small Business Act (15 U.S.C. 632(q)(3)), except that the
term does not include any concern or group of concerns
controlled by the same veterans that have average annual gross
receipts during the preceding 3 fiscal years in excess of
$22,410,000, as adjusted annually by the Secretary for
inflation.
SEC. 11311. <>  SHARED-USE STUDY.

(a) In General.--Not later than 3 years after the date of enactment
of this Act, the Secretary, in consultation with Amtrak, commuter rail
passenger transportation authorities, other railroad carriers, railroad
carriers that own rail infrastructure over which both passenger and
freight trains operate, States, the Surface Transportation Board, the
Northeast Corridor Commission established under section 24905 of title
49, United States Code, the State-Supported Route Committee established
under section 24712 of such title, and groups representing rail
passengers and customers, as appropriate, shall complete a study that
evaluates--
(1) the shared use of right-of-way by passenger and freight
rail systems; and
(2) the operational, institutional, and legal structures
that would best support improvements to the systems referred to
in paragraph (1).

(b) Areas of Study.--In conducting the study under subsection (a),
the Secretary shall evaluate--

[[Page 1671]]

(1) the access and use of railroad right-of-way by a rail
carrier that does not own the right-of-way, such as passenger
rail services that operate over privately-owned right-of-way,
including an analysis of--
(A) access agreements;
(B) costs of access; and
(C) the resolution of disputes relating to such
access or costs;
(2) the effectiveness of existing contractual, statutory,
and regulatory mechanisms for establishing, measuring, and
enforcing train performance standards, including--
(A) the manner in which passenger train delays are
recorded;
(B) the assignment of responsibility for such
delays; and
(C) the use of incentives and penalties for
performance;
(3) the strengths and weaknesses of the existing mechanisms
described in paragraph (2) and possible approaches to address
the weaknesses;
(4) mechanisms for measuring and maintaining public benefits
resulting from publicly funded freight or passenger rail
improvements, including improvements directed towards shared-use
right-of-way by passenger and freight rail;
(5) approaches to operations, capacity, and cost estimation
modeling that--
(A) allow for transparent decisionmaking; and
(B) protect the proprietary interests of all
parties;
(6) liability requirements and arrangements, including--
(A) whether to expand statutory liability limits to
additional parties;
(B) whether to revise the current statutory
liability limits;
(C) whether current insurance levels of passenger
rail operators are adequate and whether to establish
minimum insurance requirements for such passenger rail
operators; and
(D) whether to establish alternative insurance
models, including other models administered by the
Federal Government;
(7) the effect on rail passenger services, operations,
liability limits, and insurance levels of the assertion of
sovereign immunity by a State; and
(8) other issues identified by the Secretary.

(c) Report.--Not later than 60 days after the study under subsection
(a) is complete, the Secretary shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report that includes--
(1) the results of the study; and
(2) any recommendations for further action, including any
legislative proposals consistent with such recommendations.

(d) Implementation.--The Secretary shall integrate, as appropriate,
the recommendations submitted under subsection (c) into the financial
assistance programs under subtitle V of title 49, United States Code,
and section 502 of the Railroad Revitalization and Regulatory Reform Act
of 1976 (45 U.S.C. 822).

[[Page 1672]]

SEC. 11312. NORTHEAST CORRIDOR THROUGH-TICKETING AND PROCUREMENT
EFFICIENCIES.

(a) Through-Ticketing Study.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Northeast Corridor Commission
established under section 24905(a) of title 49, United States
Code (referred to in this section as the ``Commission''), in
consultation with Amtrak and the commuter rail passenger
transportation providers along the Northeast Corridor, shall
complete a study on the feasibility of and options for
permitting through-ticketing between Amtrak service and commuter
rail services on the Northeast Corridor.
(2) Contents.--In completing the study under paragraph (1),
the Northeast Corridor Commission shall--
(A) examine the current state of intercity and
commuter rail ticketing technologies, policies, and
other relevant aspects on the Northeast Corridor;
(B) consider and recommend technology, process,
policy, or other options that would permit through-
ticketing to allow intercity and commuter rail
passengers to purchase, in a single transaction, travel
that utilizes Amtrak and connecting commuter rail
services;
(C) consider options to expand through-ticketing to
include local transit services;
(D) summarize costs, benefits, opportunities, and
impediments to developing such through-ticketing
options; and
(E) develop a proposed methodology, including cost
and schedule estimates, for carrying out a pilot program
on through-ticketing on the Northeast Corridor.
(3) Report.--Not later than 60 days after the date the study
under paragraph (1) is complete, the Commission shall submit to
the Secretary, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that includes--
(A) the results of the study; and
(B) any recommendations for further action.
(4) Review.--Not later than 180 days after receipt of the
report under paragraph (3), the Secretary shall review the
report and recommend best practices in developing through
ticketing for other areas outside of the Northeast Corridor. The
Secretary shall transmit the best practices to the State-
Supported Route Committee established under section 24712 of
title 49, United States Code.

(b) Joint Procurement Study.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary, in cooperation with the
Commission, Amtrak, and commuter rail transportation authorities
on the Northeast Corridor, shall complete a study of the
potential benefits resulting from Amtrak and such authorities
undertaking select joint procurements for common materials,
assets, and equipment when expending Federal funds for such
joint procurements.
(2) Contents.--In completing the study under paragraph (1),
the Secretary shall consider--

[[Page 1673]]

(A) the types of materials, assets, and equipment
that are regularly purchased by Amtrak and such
authorities that are similar and could be jointly
procured;
(B) the potential benefits of such joint
procurements, including lower procurement costs, better
pricing, greater market relevancy, and other
efficiencies;
(C) the potential costs of such joint procurements;
(D) any significant impediments to undertaking joint
procurements, including any necessary harmonization and
reconciliation of Federal and State procurement or
safety regulations or standards and other requirements;
and
(E) whether to create Federal incentives or
requirements relating to considering or carrying out
joint procurements when expending Federal funds.
(3) Transmission.--Not later than 60 days after completing
the study required under this subsection, the Secretary shall
submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that
includes--
(A) the results of the study; and
(B) any recommendations for further action.

(c) Northeast Corridor.--In this section, the term ``Northeast
Corridor'' means the Northeast Corridor main line between Boston,
Massachusetts, and the District of Columbia, and the Northeast Corridor
branch lines connecting to Harrisburg, Pennsylvania, Springfield,
Massachusetts, and Spuyten Duyvil, New York, including the facilities
and services used to operate and maintain those lines.
SEC. 11313. <>  DATA AND ANALYSIS.

(a) Data.--Not later than 3 years after the date of enactment of
this Act, the Secretary, in consultation with the Surface Transportation
Board, Amtrak, freight railroads, State and local governments, and
regional business, tourism, and economic development agencies shall
conduct a data needs assessment to--
(1) support the development of an efficient and effective
intercity passenger rail network;
(2) identify the data needed to conduct cost-effective
modeling and analysis for intercity passenger rail development
programs;
(3) determine limitations to the data used for inputs;
(4) develop a strategy to address such limitations;
(5) identify barriers to accessing existing data;
(6) develop recommendations regarding whether the
authorization of additional data collection for intercity
passenger rail travel is warranted; and
(7) determine which entities should be responsible for
generating or collecting needed data.

(b) Benefit-Cost Analysis.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall enhance the usefulness of
assessments of benefits and costs for intercity passenger rail and
freight rail projects by--
(1) providing ongoing guidance and training on developing
benefit and cost information for rail projects;

[[Page 1674]]

(2) providing more direct and consistent requirements for
assessing benefits and costs across transportation funding
programs, including the appropriate use of discount rates;
(3) requiring applicants to clearly communicate the
methodology used to calculate the project benefits and costs,
including non-proprietary information on--
(A) assumptions underlying calculations;
(B) strengths and limitations of data used; and
(C) the level of uncertainty in estimates of project
benefits and costs; and
(4) ensuring that applicants receive clear and consistent
guidance on values to apply for key assumptions used to estimate
potential project benefits and costs.

(c) Confidential Data.--The Secretary shall protect all sensitive
and confidential information to the greatest extent permitted by law.
Nothing in this section shall require any entity to provide information
to the Secretary in the absence of a voluntary agreement.
SEC. 11314. <>  AMTRAK INSPECTOR GENERAL.

(a) Authority.--
(1) In general.--The Inspector General of Amtrak shall have
the authority available to other Inspectors General, as
necessary in carrying out the duties specified in the Inspector
General Act of 1978 (5 U.S.C. App.), to investigate any alleged
violation of sections 286, 287, 371, 641, 1001, 1002 and 1516 of
title 18, United States Code.
(2) Agency.--For purposes of sections 286, 287, 371, 641,
1001, 1002, and 1516 of title 18, United States Code, Amtrak and
the Amtrak Office of Inspector General, shall be considered a
corporation in which the United States has a proprietary
interest as set forth in section 6 of such title.

(b) Assessment.--The Inspector General of Amtrak shall--
(1) not later than 60 days after the date of enactment of
this Act, initiate an assessment to determine whether current
expenditures or procurements involving Amtrak's fulfillment of
the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.) utilize competitive, market-driven provisions that are
applicable throughout the entire term of such related
expenditures or procurements; and
(2) not later than 6 months after the date of enactment of
this Act, transmit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives the
assessment under paragraph (1).

(c) Limitation.--The authority provided by subsection (a) shall be
effective only with respect to a fiscal year for which Amtrak receives a
Federal subsidy.
SEC. 11315. MISCELLANEOUS PROVISIONS.

(a) Title 49 Amendments.--
(1) Authority.--Section 22702(b)(4) of title 49, United
States Code, is amended by striking ``5 years for reapproval by
the Secretary'' and inserting ``4 years for acceptance by the
Secretary''.
(2) Contents of state rail plans.--Section 22705(a) of title
49, United States Code, is amended by striking paragraph (12).

[[Page 1675]]

(b) Passenger Rail Investment and Improvement Act Amendments.--
Section 305 of the Passenger Rail Investment and Improvement Act of 2008
(49 U.S.C. 24101 note) is amended--
(1) in subsection (a) by inserting after ``equipment
manufacturers,'' the following: ``nonprofit organizations
representing employees who perform overhaul and maintenance of
passenger railroad equipment,'';
(2) in subsection (c) by striking ``, and may establish a
corporation, which may be owned or jointly-owned by Amtrak,
participating States, or other entities, to perform these
functions''; and
(3) in subsection (e) by striking ``and establishing a
jointly-owned corporation to manage that equipment''.

(c) <>  Certain Projects.--A project
described in 1307(a)(3) of SAFETEA-LU (Public Law 109-59) may be
eligible for the Railroad Rehabilitation and Improvement Financing
program if the Secretary determines such project meets the requirements
of sections 502 and 503 of the Railroad Revitalization and Regulatory
Reform Act of 1976.

(d) Clarification.--
(1) Amendment.--Section 20157(g) of title 49, United States
Code, is amended by adding at the end the following new
paragraph:
``(4) Clarification.--
``(A) Prohibitions.--The Secretary is prohibited
from--
``(i) approving or disapproving a revised plan
submitted under subsection (a)(1);
``(ii) considering a revised plan under
subsection (a)(1) as a request for amendment under
section 236.1021 of title 49, Code of Federal
Regulations; or
``(iii) requiring the submission, as part of
the revised plan under subsection (a)(1), of--
``(I) only a schedule and sequence
under subsection (a)(2)(A)(iii)(VII); or
``(II) both a schedule and sequence
under subsection (a)(2)(A)(iii)(VII) and
an alternative schedule and sequence
under subsection (a)(2)(B).
``(B) Civil penalty authority.--Except as provided
in paragraph (2) and this paragraph, nothing in this
subsection shall be construed to limit the Secretary's
authority to assess civil penalties pursuant to
subsection (e), consistent with the requirements of this
section.
``(C) Retained review authority.--The Secretary
retains the authority to review revised plans submitted
under subsection (a)(1) and is authorized to require
modifications of those plans to the extent necessary to
ensure that such plans include the descriptions under
subsection (a)(2)(A)(i), the contents under subsection
(a)(2)(A)(ii), and the year or years, totals, and
summary under subsection (a)(2)(A)(iii)(I) through
(VI).''.
(2) Conforming amendment.--Section 20157(g)(3) of title 49,
United States Code, is amended by striking ``by paragraph (2)
and subsection (k)'' and inserting ``to conform with this
section''.

[[Page 1676]]

SEC. 11316. TECHNICAL AND CONFORMING AMENDMENTS.

(a) Assistance to Families of Passengers Involved in Rail Passenger
Accidents.--Section 1139 of title 49, United States Code, is amended--
(1) in subsection (a)(1), by striking ``phone number'' and
inserting ``telephone number'';
(2) in subsection (a)(2), by striking ``post trauma
communication with families'' and inserting ``post-trauma
communication with families''; and
(3) in subsection (j), by striking ``railroad passenger
accident'' each place it appears and inserting ``rail passenger
accident''.

(b) Solid Waste Rail Transfer Facility Land-Use Exemption.--Section
10909 of title 49, United States Code, is amended--
(1) in subsection (b), in the matter preceding paragraph
(1), by striking ``Clean Railroad Act of 2008'' and inserting
``Clean Railroads Act of 2008''; and
(2) in subsection (e), by striking ``Upon the granting of
petition from the State'' and inserting ``Upon the granting of a
petition from the State''.

(c) Rulemaking Process.--Section 20116 of title 49, United States
Code, is amended--
(1) by inserting ``(2)'' before ``the code, rule, standard,
requirement, or practice has been subject to notice and comment
under a rule or order issued under this part.'' and indenting
accordingly;
(2) by inserting ``(1)'' after ``unless'' and indenting
accordingly;
(3) in paragraph (1), as redesignated, by striking ``order,
or'' and inserting ``order; or''; and
(4) in the matter preceding paragraph (1), as redesignated,
by striking ``unless'' and inserting ``unless--''.

(d) Enforcement Report.--Section 20120(a) of title 49, United States
Code, is amended--
(1) in the matter preceding paragraph (1), by striking
``website'' and inserting ``Web site'';
(2) in paragraph (1), by striking ``accident and incidence
reporting'' and inserting ``accident and incident reporting'';
(3) in paragraph (2)(G), by inserting ``and'' at the end;
and
(4) in paragraph (5)(B), by striking ``Administrative
Hearing Officer or Administrative Law Judge'' and inserting
``administrative hearing officer or administrative law judge''.

(e) Railroad Safety Risk Reduction Program.--Section 20156 of title
49, United States Code, is amended--
(1) in subsection (c), by inserting a comma after ``In
developing its railroad safety risk reduction program''; and
(2) in subsection (g)(1)--
(A) by inserting a comma after ``good faith''; and
(B) by striking ``non-profit'' and inserting
``nonprofit''.

(f) Roadway User Sight Distance at Highway-Rail Grade Crossings.--
Section 20159 of title 49, United States Code, is amended by striking
``the Secretary'' and inserting ``the Secretary of Transportation''.
(g) National Crossing Inventory.--Section 20160 of title 49, United
States Code, is amended--

[[Page 1677]]

(1) in subsection (a)(1), by striking ``concerning each
previously unreported crossing through which it operates or with
respect to the trackage over which it operates'' and inserting
``concerning each previously unreported crossing through which
it operates with respect to the trackage over which it
operates''; and
(2) in subsection (b)(1)(A), by striking ``concerning each
crossing through which it operates or with respect to the
trackage over which it operates'' and inserting ``concerning
each crossing through which it operates with respect to the
trackage over which it operates''.

(h) Minimum Training Standards and Plans.--Section 20162(a)(3) of
title 49, United States Code, is amended by striking ``railroad
compliance with Federal standards'' and inserting ``railroad carrier
compliance with Federal standards''.
(i) Development and Use of Rail Safety Technology.--Section 20164(a)
of title 49, United States Code, is amended by striking ``after
enactment of the Railroad Safety Enhancement Act of 2008'' and inserting
``after the date of enactment of the Rail Safety Improvement Act of
2008''.
(j) Rail Safety Improvement Act of 2008.--
(1) Table of contents.--Section 1(b) of division A of the
Rail Safety Improvement Act of 2008 (Public Law 110-432; 122
Stat. 4848) is amended--
(A) in the item relating to section 307 by striking
``website'' and inserting ``Web site'';
(B) in the item relating to title VI by striking
``solid waste facilities'' and inserting ``solid waste
rail transfer facilities''; and
(C) in the item relating to section 602 by striking
``solid waste transfer facilities'' and inserting
``solid waste rail transfer facilities''.
(2) Definitions.--Section 2(a)(1) of division A of the Rail
Safety Improvement Act of 2008 (Public Law 110-432; 122 Stat.
4849) <>  is amended in the matter
preceding subparagraph (A), by inserting a comma after ``at
grade''.
(3) Railroad safety strategy.--Section 102(a)(6) of title I
of division A of the Rail Safety Improvement Act of 2008 (49
U.S.C. 20101 note) is amended by striking ``Improving the safety
of railroad bridges, tunnels, and related infrastructure to
prevent accidents, incidents, injuries, and fatalities caused by
catastrophic failures and other bridge and tunnel failures.''
and inserting ``Improving the safety of railroad bridges,
tunnels, and related infrastructure to prevent accidents,
incidents, injuries, and fatalities caused by catastrophic and
other failures of such infrastructure.''.
(4) Operation lifesaver.--Section 206(a) of title II of
division A of the Rail Safety Improvement Act of 2008 (49 U.S.C.
22501 note) is amended by striking ``Public Service
Announcements'' and inserting ``public service announcements''.
(5) Update of federal railroad administration's web site.--
Section 307 of title III of division A of the Rail Safety
Improvement Act of 2008 (49 U.S.C. 103 note) is amended--
(A) in the heading by striking ``federal railroad
administration's website'' and inserting ``federal
railroad administration web site'';

[[Page 1678]]

(B) by striking ``website'' each place it appears
and inserting ``Web site''; and
(C) by striking ``website's'' and inserting ``Web
site's''.
(6) Alcohol and controlled substance testing for
maintenance-of-way employees.--Section 412 of title IV of
division A of the Rail Safety Improvement Act of 2008 (49 U.S.C.
20140 note) is amended by striking ``Secretary of
Transportation'' and inserting ``Secretary''.
(7) Tunnel information.--Section 414 of title IV of division
A of the Rail Safety Improvement Act of 2008 (49 U.S.C. 20103
note) is amended--
(A) by striking ``parts 171.8, 173.115'' and
inserting ``sections 171.8, 173.115''; and
(B) by striking ``part 1520.5'' and inserting
``section 1520.5''.
(8) Safety inspections in mexico.--Section 416 of title IV
of division A of the Rail Safety Improvement Act of 2008 (49
U.S.C. 20107 note) is amended--
(A) in the matter preceding paragraph (1), by
striking ``Secretary of Transportation'' and inserting
``Secretary''; and
(B) in paragraph (4), by striking ``subsection'' and
inserting ``section''.
(9) Heading of title vi.--The heading of title VI of
division A of the Rail Safety Improvement Act of 2008 (122 Stat.
4900) is amended by striking ``SOLID WASTE FACILITIES'' and
inserting ``SOLID WASTE RAIL TRANSFER FACILITIES''.
(10) Heading of section 602.--The heading of section 602 of
title VI of division A of the Rail Safety Improvement Act of
2008 (122 Stat. 4900) is amended by striking ``solid waste
transfer facilities'' and inserting ``solid waste rail transfer
facilities''.

(k) Contingent Interest Recoveries.--Section 22106(b) of title 49,
United States Code, is amended by striking ``interest thereof'' and
inserting ``interest thereon''.
(l) Mission.--Section 24101(b) of title 49, United States Code, is
amended by striking ``of subsection (d)'' and inserting ``set forth in
subsection (c)''.
(m) Table of Contents Amendment.--The table of contents for chapter
243 of title 49, United States Code, <>  is
amended by striking the item relating to section 24316 and inserting the
following:

``24316. Plans to address the needs of families of passengers involved
in rail passenger accidents.''.

(n) Amtrak.--Chapter 247 of title 49, United States Code, is
amended--
(1) in section 24706--
(A) in subsection (a)--
(i) in paragraph (1) by striking ``a
discontinuance under section 24704 or or''; and
(ii) in paragraph (2) by striking ``section
24704 or''; and
(B) in subsection (b) by striking ``section 24704
or''; and

[[Page 1679]]

(2) in section 24709 by striking ``The Secretary of the
Treasury and the Attorney General,'' and inserting ``The
Secretary of Homeland Security,''.

(o) Rail Cooperative Research Program.--Section 24910(b) of title
49, United States Code, is amended--
(1) in paragraph (12) by striking ``and'' at the end;
(2) in paragraph (13) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(14) to improve overall safety of intercity passenger and
freight rail operations.''.

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

Subtitle D--Safety

SEC. 11401. <>  HIGHWAY-RAIL GRADE
CROSSING SAFETY.

(a) Model State Highway-Rail Grade Crossing Action Plan.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Federal Railroad
Administration shall develop a model of a State-specific
highway-rail grade crossing action plan and distribute the plan
to each State.
(2) Contents.--The plan developed under paragraph (1) shall
include--
(A) methodologies, tools, and data sources for
identifying and evaluating highway-rail grade crossing
safety risks, including the public safety risks posed by
blocked highway-rail grade crossings due to idling
trains;
(B) best practices to reduce the risk of highway-
rail grade crossing accidents or incidents and to
alleviate the blockage of highway-rail grade crossings
due to idling trains, including strategies for--
(i) education, including model stakeholder
engagement plans or tools;
(ii) engineering, including the benefits and
costs of different designs and technologies used
to mitigate highway-rail grade crossing safety
risks; and
(iii) enforcement, including the strengths and
weaknesses associated with different enforcement
methods;
(C) for each State, a customized list and data set
of the highway-rail grade crossing accidents or
incidents in that State over the past 3 years, including
the location, number of deaths, and number of injuries
for each accident or incident, and a list of highway-
rail grade crossings in that State that have experienced
multiple accidents or incidents over the past 3 years;
and
(D) contact information of a Department of
Transportation safety official available to assist the
State in adapting the model plan to satisfy the
requirements under subsection (b).

(b) State Highway-Rail Grade Crossing Action Plans.--
(1) Requirements.--Not later than 18 months after the
Administrator develops and distributes the model plan under

[[Page 1680]]

subsection (a), the Administrator shall promulgate a rule that
requires--
(A) each State, except the 10 States identified
under section 202 of the Rail Safety Improvement Act of
2008 (49 U.S.C. 22501 note), to develop and implement a
State highway-rail grade crossing action plan; and
(B) each State identified under section 202 of the
Rail Safety Improvement Act of 2008 (49 U.S.C. 22501
note) to--
(i) update the State action plan under such
section; and
(ii) submit to the Administrator--
(I) the updated State action plan;
and
(II) a report describing what the
State did to implement its previous
State action plan under such section and
how the State will continue to reduce
highway-rail grade crossing safety
risks.
(2) Contents.--Each State plan required under this
subsection shall--
(A) identify highway-rail grade crossings that have
experienced recent highway-rail grade crossing accidents
or incidents or multiple highway-rail grade crossing
accidents or incidents, or are at high-risk for
accidents or incidents;
(B) identify specific strategies for improving
safety at highway-rail grade crossings, including
highway-rail grade crossing closures or grade
separations; and
(C) designate a State official responsible for
managing implementation of the State action plan under
subparagraph (A) or (B) of paragraph (1), as applicable.
(3) Assistance.--The Administrator shall provide assistance
to each State in developing and carrying out, as appropriate,
the State action plan under this subsection.
(4) Public availability.--Each State shall submit a final
State plan under this subsection to the Administrator for
publication. The Administrator shall make each approved State
plan publicly available on an official Internet Web site.
(5) Conditions.--The Secretary may condition the awarding of
a grant to a State under chapter 244 of title 49, United States
Code, on that State submitting an acceptable State action plan
under this subsection.
(6) Review of action plans.--Not later than 60 days after
the date of receipt of a State action plan under this
subsection, the Administrator shall--
(A) if the State action plan is approved, notify the
State and publish the State action plan under paragraph
(4); and
(B) if the State action plan is incomplete or
deficient, notify the State of the specific areas in
which the plan is deficient and allow the State to
complete the plan or correct the deficiencies and
resubmit the plan under paragraph (1).
(7) Deadline.--Not later than 60 days after the date of a
notice under paragraph (6)(B), a State shall complete the plan
or correct the deficiencies and resubmit the plan.

[[Page 1681]]

(8) Failure to complete or correct plan.--If a State fails
to meet the deadline under paragraph (7), the Administrator
shall post on the Web site under paragraph (4) a notice that the
State has an incomplete or deficient highway-rail grade crossing
action plan.

(c) Report.--Not later than the date that is 3 years after the
Administrator publishes the final rule under subsection (b)(1), the
Administrator shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report on--
(1) the specific strategies identified by States to improve
safety at highway-rail grade crossings, including crossings with
multiple accidents or incidents; and
(2) the progress each State described under subsection
(b)(1)(B) has made in implementing its action plan.

(d) Railway-Highway Crossings Funds.--The Secretary may use funds
made available to carry out section 130 of title 23, United States Code,
to provide States with funds to develop a State highway-rail grade
crossing action plan under subsection (b)(1)(A) or to update a State
action plan under subsection (b)(1)(B).
(e) Definitions.--In this section:
(1) Highway-rail grade crossing.--The term ``highway-rail
grade crossing'' means a location within a State, other than a
location where 1 or more railroad tracks cross 1 or more
railroad tracks at grade, where--
(A) a public highway, road, or street, or a private
roadway, including associated sidewalks and pathways,
crosses 1 or more railroad tracks either at grade or
grade-separated; or
(B) a pathway explicitly authorized by a public
authority or a railroad carrier that is dedicated for
the use of non-vehicular traffic, including pedestrians,
bicyclists, and others, that is not associated with a
public highway, road, or street, or a private roadway,
crosses 1 or more railroad tracks either at grade or
grade-separated.
(2) State.--The term ``State'' means a State of the United
States or the District of Columbia.
SEC. 11402. PRIVATE HIGHWAY-RAIL GRADE CROSSINGS.

(a) In General.--The Secretary, in consultation with railroad
carriers, shall conduct a study to--
(1) determine whether limitations or weaknesses exist
regarding the availability and usefulness for safety purposes of
data on private highway-rail grade crossings; and
(2) evaluate existing engineering practices on private
highway-rail grade crossings.

(b) Contents.--In conducting the study under subsection (a), the
Secretary shall make recommendations as necessary to improve--
(1) the utility of the data on private highway-rail grade
crossings; and
(2) the implementation of private highway-rail crossing
safety measures, including signage and warning systems.

(c) Report.--Not later than 3 years after the date of enactment of
this Act, the Secretary shall transmit to the Committee on

[[Page 1682]]

Commerce, Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report of the findings of the study and any recommendations for further
action.
SEC. 11403. STUDY ON USE OF LOCOMOTIVE HORNS AT HIGHWAY-RAIL GRADE
CROSSINGS.

(a) Study.--The Comptroller General of the United States shall
submit a report to Congress containing the results of a study evaluating
the final rule issued on August 17, 2006, entitled ``Use of Locomotive
Horns at Highway-Rail Grade Crossings'' (71 Fed. Reg. 47614),
including--
(1) the effectiveness of such final rule;
(2) the benefits and costs of establishing quiet zones; and
(3) any barriers to establishing quiet zones.

(b) Savings Clause.--Nothing in this section shall be construed to
limit or preclude any planned retrospective review by the Secretary of
the final rule described in subsection (a).
SEC. 11404. POSITIVE TRAIN CONTROL AT GRADE CROSSINGS
EFFECTIVENESS STUDY.

After the Secretary certifies that each Class I railroad carrier and
each entity providing regularly scheduled intercity or commuter rail
passenger transportation is in compliance with the positive train
control requirements under section 20157(a) of title 49, United States
Code, the Secretary shall--
(1) conduct a study of the possible effectiveness of
positive train control and related technologies on reducing
collisions at highway-rail grade crossings; and
(2) submit a report containing the results of the study
conducted under paragraph (1) to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.
SEC. 11405. BRIDGE INSPECTION REPORTS.

Section 417(d) of the Rail Safety Improvement Act of 2008 (49 U.S.C.
20103 note) is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(2) by adding at the end the following:
``(2) Availability of bridge condition.--
``(A) In general.--A State or political subdivision
of a State may file a request with the Secretary for a
public version of a bridge inspection report generated
under subsection (b)(5) for a bridge located in such
State or political subdivision's jurisdiction.
``(B) Public version of report.--If the Secretary
determines that the request is reasonable, the Secretary
shall require a railroad to submit a public version of
the most recent bridge inspection report, such as a
summary form, for a bridge subject to a request under
subparagraph (A). The public version of a bridge
inspection report shall include the date of last
inspection, length of bridge, location of bridge, type
of bridge, type of structure, feature crossed by bridge,
and railroad contact information, along with a general
statement on the condition of the bridge.

[[Page 1683]]

``(C) Provision of report.--The Secretary shall
provide to a State or political subdivision of a State a
public version of a bridge inspection report submitted
under subparagraph (B).
``(D) Technical assistance.--The Secretary, upon the
reasonable request of State or political subdivision of
a State, shall provide technical assistance to such
State or political subdivision of a State to facilitate
the understanding of a bridge inspection report.''.
SEC. 11406. SPEED LIMIT ACTION PLANS.

(a) In General.--Not later than 90 days after the date of enactment
of this Act, each railroad carrier providing intercity rail passenger
transportation or commuter rail passenger transportation, in
consultation with any applicable host railroad carrier, shall survey its
entire system and identify each main track location where there is a
reduction of more than 20 miles per hour from the approach speed to a
curve, bridge, or tunnel and the maximum authorized operating speed for
passenger trains at that curve, bridge, or tunnel.
(b) Action Plans.--Not later than 120 days after the date that the
survey under subsection (a) is complete, a railroad carrier described in
subsection (a) shall submit to the Secretary an action plan that--
(1) identifies each main track location where there is a
reduction of more than 20 miles per hour from the approach speed
to a curve, bridge, or tunnel and the maximum authorized
operating speed for passenger trains at that curve, bridge, or
tunnel;
(2) describes appropriate actions to enable warning and
enforcement of the maximum authorized speed for passenger trains
at each location identified under paragraph (1), including--
(A) modification to automatic train control systems,
if applicable, or other signal systems;
(B) increased crew size;
(C) installation of signage alerting train crews of
the maximum authorized speed for passenger trains in
each location identified under paragraph (1);
(D) installation of alerters;
(E) increased crew communication; and
(F) other practices;
(3) contains milestones and target dates for implementing
each appropriate action described under paragraph (2); and
(4) ensures compliance with the maximum authorized speed at
each location identified under paragraph (1).

(c) Approval.--Not later than 90 days after the date on which an
action plan is submitted under subsection (b), the Secretary shall
approve, approve with conditions, or disapprove the action plan.
(d) Alternative Safety Measures.--The Secretary may exempt from the
requirements of this section each segment of track for which operations
are governed by a positive train control system certified under section
20157 of title 49, United States Code, or any other safety technology or
practice that would achieve an equivalent or greater level of safety in
reducing derailment risk.

[[Page 1684]]

(e) Report.--Not later than 6 months after the date of enactment of
this Act, the Secretary shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report that describes--
(1) the actions railroad carriers have taken in response to
Safety Advisory 2013-08, entitled ``Operational Tests and
Inspections for Compliance With Maximum Authorized Train Speeds
and Other Speed Restrictions'';
(2) the actions railroad carriers have taken in response to
Safety Advisory 2015-03, entitled ``Operational and Signal
Modifications for Compliance with Maximum Authorized Passenger
Train Speeds and Other Speed Restrictions''; and
(3) the actions the Federal Railroad Administration has
taken to evaluate or incorporate the information and findings
arising from the safety advisories referred to in paragraphs (1)
and (2) into the development of regulatory action and oversight
activities.

(f) Savings Clause.--Nothing in this section shall prohibit the
Secretary from applying the requirements of this section to other
segments of track at high risk of overspeed derailment.
SEC. 11407. <>  ALERTERS.

(a) In General.--The Secretary shall promulgate a rule to require a
working alerter in the controlling locomotive of each passenger train in
intercity rail passenger transportation (as defined in section 24102 of
title 49, United States Code) or commuter rail passenger transportation
(as defined in section 24102 of title 49, United States Code).
(b) Rulemaking.--
(1) In general.--The Secretary may promulgate a rule to
specify the essential functionalities of a working alerter,
including the manner in which the alerter can be reset.
(2) Alternate practice or technology.--The Secretary may
require or allow a technology or practice in lieu of a working
alerter if the Secretary determines that the technology or
practice would achieve an equivalent or greater level of safety
in enhancing or ensuring appropriate locomotive control.
SEC. 11408. <>  SIGNAL PROTECTION.

(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall initiate a rulemaking to
require that on-track safety regulations, whenever practicable and
consistent with other safety requirements and operational
considerations, include requiring implementation of redundant signal
protection for maintenance-of-way work crews who depend on a train
dispatcher to provide signal protection.
(b) Alternative Safety Measures.--The Secretary shall consider
exempting from any final requirements of this section each segment of
track for which operations are governed by a positive train control
system certified under section 20157 of title 49, United States Code, or
any other safety technology or practice that would achieve an equivalent
or greater level of safety in providing additional signal protection.
SEC. 11409. <>  COMMUTER RAIL TRACK
INSPECTIONS.

(a) In General.--The Secretary shall evaluate track inspection
regulations to determine if a railroad carrier providing commuter

[[Page 1685]]

rail passenger transportation on high density commuter railroad lines
should be required to inspect the lines in the same manner as is
required for other commuter railroad lines.
(b) Rulemaking.--Considering safety, including railroad carrier
employee and contractor safety, system capacity, and other relevant
factors, the Secretary may promulgate a rule for high density commuter
railroad lines. If, after the evaluation under subsection (a), the
Secretary determines that it is necessary to promulgate a rule, the
Secretary shall specifically consider the following regulatory
requirements for high density commuter railroad lines:
(1) At least once every 2 weeks--
(A) traverse each main line by vehicle; or
(B) inspect each main line on foot.
(2) At least once each month, traverse and inspect each
siding by vehicle or by foot.

(c) Report.--If, after the evaluation under subsection (a), the
Secretary determines it is not necessary to revise the regulations under
this section, the Secretary, not later than 18 months after the date of
enactment of this Act, shall transmit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report explaining the reasons for not revising the regulations.
(d) Construction.--Nothing in this section may be construed to limit
the authority of the Secretary to promulgate regulations or issue orders
under any other law.
SEC. 11410. POST-ACCIDENT ASSESSMENT.

(a) In General.--The Secretary, in cooperation with the National
Transportation Safety Board and Amtrak, shall conduct a post-accident
assessment of the Amtrak Northeast Regional Train #188 crash on May 12,
2015.
(b) Elements.--The assessment conducted pursuant to subsection (a)
shall include--
(1) a review of Amtrak's compliance with the plan for
addressing the needs of the families of passengers involved in
any rail passenger accident, which was submitted pursuant to
section 24316 of title 49, United States Code;
(2) a review of Amtrak's compliance with the emergency
preparedness plan required under section 239.101(a) of title 49,
Code of Federal Regulations;
(3) a determination of any additional action items that
should be included in the plans referred to in paragraphs (1)
and (2) to meet the needs of the passengers involved in the
crash and their families, including--
(A) notification of emergency contacts;
(B) dedicated and trained staff to manage family
assistance;
(C) the establishment of a family assistance center
at the accident locale or other appropriate location;
(D) a system for identifying and recovering items
belonging to passengers that were lost in the crash; and
(E) the establishment of a single customer service
entity within Amtrak to coordinate the response to the
needs of the passengers involved in the crash and their
families; and

[[Page 1686]]

(4) recommendations for any additional training needed by
Amtrak staff to better implement the plans referred to in
paragraphs (1) and (2), including the establishment of a regular
schedule for training drills and exercises.

(c) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, Amtrak shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report that describes--
(1) Amtrak's plan to achieve the recommendations referred to
in subsection (b)(4); and
(2) any steps that have been taken to address any
deficiencies identified through the assessment.
SEC. 11411. RECORDING DEVICES.

(a) In General.--Subchapter II of chapter 201 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 20168. <>  Installation of audio and
image recording devices

``(a) In General.--Not later than 2 years after the date of
enactment of the Passenger Rail Reform and Investment Act of 2015, the
Secretary of Transportation shall promulgate regulations to require each
railroad carrier that provides regularly scheduled intercity rail
passenger or commuter rail passenger transportation to the public to
install inward- and outward-facing image recording devices in all
controlling locomotive cabs and cab car operating compartments in such
passenger trains.
``(b) Device Standards.--Each inward- and outward-facing image
recording device shall--
``(1) have a minimum 12-hour continuous recording
capability;
``(2) have crash and fire protections for any in-cab image
recordings that are stored only within a controlling locomotive
cab or cab car operating compartment; and
``(3) have recordings accessible for review during an
accident or incident investigation.

``(c) Review.--The Secretary shall establish a process to review and
approve or disapprove an inward- or outward-facing image recording
device for compliance with the standards described in subsection (b).
``(d) Uses.--A railroad carrier subject to the requirements of
subsection (a) that has installed an inward- or outward-facing image
recording device approved under subsection (c) may use recordings from
that inward- or outward-facing image recording device for the following
purposes:
``(1) Verifying that train crew actions are in accordance
with applicable safety laws and the railroad carrier's operating
rules and procedures, including a system-wide program for such
verification.
``(2) Assisting in an investigation into the causation of a
reportable accident or incident.
``(3) Documenting a criminal act or monitoring unauthorized
occupancy of the controlling locomotive cab or car operating
compartment.
``(4) Other purposes that the Secretary considers
appropriate.

``(e) Discretion.--

[[Page 1687]]

``(1) In general.--The Secretary may--
``(A) require in-cab audio recording devices for the
purposes described in subsection (d); and
``(B) define in appropriate technical detail the
essential features of the devices required under
subparagraph (A).
``(2) Exemptions.--The Secretary may exempt any railroad
carrier subject to the requirements of subsection (a) or any
part of the carrier's operations from the requirements under
subsection (a) if the Secretary determines that the carrier has
implemented an alternative technology or practice that provides
an equivalent or greater safety benefit or that is better suited
to the risks of the operation.

``(f) Tampering.--A railroad carrier subject to the requirements of
subsection (a) may take appropriate enforcement or administrative action
against any employee that tampers with or disables an audio or inward-
or outward-facing image recording device installed by the railroad
carrier.
``(g) Preservation of Data.--Each railroad carrier subject to the
requirements of subsection (a) shall preserve recording device data for
1 year after the date of a reportable accident or incident.
``(h) Information Protections.--The Secretary may not disclose
publicly any part of an in-cab audio or image recording or transcript of
oral communications by or among train employees or other operating
employees responsible for the movement and direction of the train, or
between such operating employees and company communication centers,
related to an accident or incident investigated by the Secretary. The
Secretary may make public any part of a transcript or any written
depiction of visual information that the Secretary determines is
relevant to the accident at the time a majority of the other factual
reports on the accident or incident are released to the public.
``(i) Prohibited Use.--An in-cab audio or image recording obtained
by a railroad carrier under this section may not be used to retaliate
against an employee.
``(j) Savings Clause.--Nothing in this section may be construed as
requiring a railroad carrier to cease or restrict operations upon a
technical failure of an inward- or outward-facing image recording device
or in-cab audio device. Such railroad carrier shall repair or replace
the failed inward- or outward-facing image recording device as soon as
practicable.''.
(b) Conforming Amendment.--The table of contents for subchapter II
of chapter 201 of title 49, United States Code, <>  is amended by adding at the end the following:

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

SEC. 11412. RAILROAD POLICE OFFICERS.

(a) In General.--Section 28101 of title 49, United States Code, is
amended--
(1) by striking ``employed by'' each place it appears and
inserting ``directly employed by or contracted by'';
(2) in subsection (b), by inserting ``or agent, as
applicable,'' after ``an employee''; and
(3) by adding at the end the following:

``(c) Transfers.--
``(1) In general.--If a railroad police officer directly
employed by or contracted by a rail carrier and certified or
commissioned as a police officer under the laws of a State

[[Page 1688]]

transfers primary employment or residence from the certifying or
commissioning State to another State or jurisdiction, the
railroad police officer, not later than 1 year after the date of
transfer, shall apply to be certified or commissioned as a
police office under the laws of the State of new primary
employment or residence.
``(2) Interim period.--During the period beginning on the
date of transfer and ending 1 year after the date of transfer, a
railroad police officer directly employed by or contracted by a
rail carrier and certified or commissioned as a police officer
under the laws of a State may enforce the laws of the new
jurisdiction in which the railroad police officer resides, to
the same extent as provided in subsection (a).

``(d) Training.--
``(1) In general.--A State may recognize as meeting that
State's basic police officer certification or commissioning
requirements for qualification as a rail police officer under
this section any individual who successfully completes a program
at a State-recognized police training academy in another State
or at a Federal law enforcement training center and who is
certified or commissioned as a police officer by that other
State.
``(2) Rule of construction.--Nothing in this subsection
shall be construed as superseding or affecting any State
training requirements related to criminal law, criminal
procedure, motor vehicle code, any other State law, or State-
mandated comparative or annual in-service training academy or
Federal law enforcement training center.''.

(b) <>  Regulations.--Not later than 1
year after the date of enactment of this Act, the Secretary shall revise
the regulations in part 207 of title 49, Code of Federal Regulations
(relating to railroad police officers), to permit a railroad to
designate an individual, who is commissioned in the individual's State
of legal residence or State of primary employment and directly employed
by or contracted by a railroad to enforce State laws for the protection
of railroad property, personnel, passengers, and cargo, to serve in the
States in which the railroad owns property.

(c) Conforming Amendments.--
(1) Amtrak rail police.--Section 24305(e) of title 49,
United States Code, is amended--
(A) by striking ``may employ'' and inserting ``may
directly employ or contract with'';
(B) by striking ``employed by'' and inserting
``directly employed by or contracted by''; and
(C) by striking ``employed without'' and inserting
``directly employed or contracted without''.
(2) Exceptions.--Section 922(z)(2)(B) of title 18, United
States Code, is amended by striking ``employed by'' and
inserting ``directly employed by or contracted by''.
SEC. 11413. REPAIR AND REPLACEMENT OF DAMAGED TRACK INSPECTION
EQUIPMENT.

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

[[Page 1689]]

``Sec. 20121. <>  Repair and replacement of
damaged track inspection equipment

``The Secretary of Transportation may receive and expend cash, or
receive and utilize spare parts and similar items, from non-United
States Government sources to repair damages to or replace United States
Government-owned automated track inspection cars and equipment as a
result of third-party liability for such damages, and any amounts
collected under this section shall be credited directly to the Railroad
Safety and Operations account of the Federal Railroad Administration and
shall remain available until expended for the repair, operation, and
maintenance of automated track inspection cars and equipment in
connection with the automated track inspection program.''.
(b) Conforming Amendment.--The table of contents for subchapter I of
chapter 201 of title 49, United States Code, <>  is amended by adding at the end the following:

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

SEC. 11414. REPORT ON VERTICAL TRACK DEFLECTION.

(a) Report.--Not later than 9 months after the date of enactment of
this Act, the Secretary shall transmit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report detailing research conducted or procured by the Federal Railroad
Administration on developing a system that measures vertical track
deflection (in this section referred to as ``VTD'') from a moving rail
car, including the ability of such system to identify poor track support
from fouled ballast, deteriorated cross ties, or other conditions.
(b) Contents.--The report required under subsection (a) shall
include--
(1) the findings and results of testing of VTD
instrumentation during field trials on revenue service track;
(2) the findings and results of subsequent testing of VTD
instrumentation on a Federal Railroad Administration automated
track inspection program geometry car;
(3) if considered appropriate by the Secretary based on the
report and related research, a plan for developing quantitative
inspection criteria for poor track support using existing VTD
instrumentation on Federal Railroad Administration automated
track inspection program geometry cars; and
(4) if considered appropriate by the Secretary based on the
report and related research, a plan for installing VTD
instrumentation on all remaining Federal Railroad Administration
automated track inspection program geometry cars not later than
3 years after the date of enactment of this Act.
SEC. 11415. <>  RAIL PASSENGER
LIABILITY.

(a) Amtrak Incident.--Notwithstanding any other provision of law,
the aggregate allowable awards to all rail passengers, against all
defendants, for all claims, including claims for punitive damages,
arising from a single accident or incident involving Amtrak occurring on
May 12, 2015, shall not exceed $295,000,000.
(b) Adjustment Based on Consumer Price Index.--The liability cap
under section 28103(a)(2) of title 49, United States Code, shall be
adjusted on the date of enactment of this Act to

[[Page 1690]]

reflect the change in the Consumer Price Index-All Urban Consumers
between such date and December 2, 1997, and the Secretary shall provide
appropriate public notice of such adjustment. The adjustment of the
liability cap shall be effective 30 days after such notice. Every fifth
year after the date of enactment of this Act, the Secretary shall adjust
such liability cap to reflect the change in the Consumer Price Index-All
Urban Consumers since the last adjustment. The Secretary shall provide
appropriate public notice of each such adjustment, and the adjustment
shall become effective 30 days after such notice.

Subtitle E <> --
Project Delivery
SEC. 11501. <>  SHORT TITLE.

This subtitle may be cited as the ``Track, Railroad, and
Infrastructure Network Act'' or the ``TRAIN Act''.
SEC. 11502. TREATMENT OF IMPROVEMENTS TO RAIL AND TRANSIT UNDER
PRESERVATION REQUIREMENTS.

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

(b) Title 49 Amendment.--Section 303 of title 49, United States
Code, is further amended--
(1) in subsection (c), in the matter preceding paragraph
(1), by striking ``subsection (d)'' and inserting ``subsections
(d) and (h)''; and
(2) by adding at the end the following:

``(h) Rail and Transit.--
``(1) In general.--Improvements to, or the maintenance,
rehabilitation, or operation of, railroad or rail transit lines
or elements thereof that are in use or were historically used

[[Page 1691]]

for the transportation of goods or passengers shall not be
considered a use of a historic site under subsection (c),
regardless of whether the railroad or rail transit line or
element thereof is listed on, or eligible for listing on, the
National Register of Historic Places.
``(2) Exceptions.--
``(A) In general.--Paragraph (1) shall not apply
to--
``(i) stations; or
``(ii) bridges or tunnels located on--
``(I) railroad lines that have been
abandoned; or
``(II) transit lines that are not in
use.
``(B) Clarification with respect to certain bridges
and tunnels.--The bridges and tunnels referred to in
subparagraph (A)(ii) do not include bridges or tunnels
located on railroad or transit lines--
``(i) over which service has been
discontinued; or
``(ii) that have been railbanked or otherwise
reserved for the transportation of goods or
passengers.''.
SEC. 11503. EFFICIENT ENVIRONMENTAL REVIEWS.

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

``CHAPTER 242--PROJECT DELIVERY

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

``Sec. 24201. <>  Efficient environmental
reviews

``(a) Efficient Environmental Reviews.--
``(1) In general.--The Secretary of Transportation shall
apply the project development procedures, to the greatest extent
feasible, described in section 139 of title 23 to any railroad
project that requires the approval of the Secretary under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
``(2) Regulations and procedures.--In carrying out paragraph
(1), the Secretary shall incorporate into agency regulations and
procedures pertaining to railroad projects described in
paragraph (1) aspects of such project development procedures, or
portions thereof, determined appropriate by the Secretary in a
manner consistent with this section, that increase the
efficiency of the review of railroad projects.
``(3) Discretion.--The Secretary may choose not to
incorporate into agency regulations and procedures pertaining to
railroad projects described in paragraph (1) such project
development procedures that could only feasibly apply to highway
projects, public transportation capital projects, and multimodal
projects.
``(4) Applicability.--Subsection (l) of section 139 of title
23 shall apply to railroad projects described in paragraph (1),
except that the limitation on claims of 150 days shall be 2
years.

``(b) Additional Categorical Exclusions.--Not later than 6 months
after the date of enactment of the Passenger Rail Reform and Investment
Act of 2015, the Secretary shall--

[[Page 1692]]

``(1) survey the use by the Federal Railroad Administration
of categorical exclusions in transportation projects since 2005;
and
``(2) publish in the Federal Register for notice and public
comment a review of the survey that includes a description of--
``(A) the types of actions categorically excluded;
and
``(B) any actions the Secretary is considering for
new categorical exclusions, including those that would
conform to those of other modal administrations.

``(c) New Categorical Exclusions.--Not later than 1 year after the
date of enactment of the Passenger Rail Reform and Investment Act of
2015, the Secretary shall publish a notice of proposed rulemaking to
propose new and existing categorical exclusions for railroad projects
that require the approval of the Secretary under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), including
those identified under subsection (b), and develop a process for
considering new categorical exclusions to the extent that the
categorical exclusions meet the criteria for a categorical exclusion
under section 1508.4 of title 40, Code of Federal Regulations.
``(d) Transparency.--The Secretary shall maintain and make publicly
available, including on the Internet, a database that identifies
project-specific information on the use of a categorical exclusion on
any railroad project carried out under this title.
``(e) Protections for Existing Agreements and NEPA.--Nothing in
subtitle E of the Passenger Rail Reform and Investment Act of 2015, or
any amendment made by such subtitle, shall affect any existing
environmental review process, program, agreement, or funding arrangement
approved by the Secretary under title 49, as that title was in effect on
the day preceding the date of enactment of such subtitle.''.
(b) <>  Savings Clause.--Except as
expressly provided in section 41003(f) and subsection (o) of section 139
of title 23, United States Code, the requirements and other provisions
of title 41 of this Act shall not apply to--
(1) programs administered now and in the future by the
Department of Transportation or its operating administrations
under title 23, 46, or 49, United States Code, including direct
loan and loan guarantee programs, or other Federal statutes or
programs or projects administered by an agency pursuant to their
authority under title 49, United States Code; or
(2) any project subject to section 2045 of the Water
Resources Development Act of 2007 (33 U.S.C. 2348).

(c) Table of Chapters Amendment.--The table of chapters of subtitle
V of title 49, United States Code, <>  is
amended by inserting after the item relating to chapter 241 the
following:

``242. Project delivery.........................................24201''.
SEC. 11504. RAILROAD RIGHTS-OF-WAY.

(a) Amendment.--Chapter 242 of title 49, United States Code, (as
added by this Act) is amended by adding at the end the following:
``Sec. 24202. <>  Railroad rights-of-way

``(a) In General.--Not later than 1 year after the date of enactment
of the Passenger Rail Reform and Investment Act of 2015, the Secretary
shall submit a proposed exemption of railroad

[[Page 1693]]

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

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

Subtitle F <> --Financing
SEC. 11601. SHORT TITLE; REFERENCES.

(a) <>  Short Title.--This subtitle may be
cited as the ``Railroad Infrastructure Financing Improvement Act''.

(b) References to the Railroad Revitalization and Regulatory Reform
Act of 1976.--Except as otherwise expressly provided, wherever in this
subtitle an amendment or repeal is expressed in terms of an amendment
to, or repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et
seq.).
SEC. 11602. DEFINITIONS.

Section 501 (45 U.S.C. 821) is amended--
(1) by redesignating paragraph (8) as paragraph (10);
(2) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively;
(3) by inserting after paragraph (5) the following:
``(6) The term `investment-grade rating' means a rating of
BBB minus, Baa 3, bbb minus, BBB(low), or higher assigned by a
rating agency.'';
(4) by inserting after paragraph (8), as redesignated, the
following:
``(9) The term `master credit agreement' means an agreement
to make 1 or more direct loans or loan guarantees at future
dates for a program of related projects on terms acceptable to
the Secretary.''; and
(5) by adding at the end the following:
``(11) The term `project obligation' means a note, bond,
debenture, or other debt obligation issued by a borrower in
connection with the financing of a project, other than a direct
loan or loan guarantee under this title.
``(12) The term `railroad' has the meaning given the term
`railroad carrier' in section 20102 of title 49, United States
Code.
``(13) The term `rating agency' means a credit rating agency
registered with the Securities and Exchange Commission as a
nationally recognized statistical rating organization (as
defined in section 3(a) of the Securities Exchange Act of 1934
(15 U.S.C. 78c(a))).

[[Page 1694]]

``(14) The term `substantial completion' means--
``(A) the opening of a project to passenger or
freight traffic; or
``(B) a comparable event, as determined by the
Secretary and specified in the terms of the direct loan
or loan guarantee provided by the Secretary.''.
SEC. 11603. ELIGIBLE APPLICANTS.

Section 502(a) (45 U.S.C. 822(a)) is amended--
(1) in paragraph (5), by striking ``one railroad'' and
inserting ``1 of the entities described in paragraph (1), (2),
(3), (4), or (6)''; and
(2) by amending paragraph (6) to read as follows:
``(6) solely for the purpose of constructing a rail
connection between a plant or facility and a railroad, limited
option freight shippers that own or operate a plant or other
facility.''.
SEC. 11604. ELIGIBLE PURPOSES.

(a) In General.--Section 502(b)(1) (45 U.S.C. 822(b)(1)) is
amended--
(1) in subparagraph (A), by inserting ``, and costs related
to these activities, including pre-construction costs'' after
``shops'';
(2) in subparagraph (B), by striking ``subparagraph (A);
or'' and inserting ``subparagraph (A) or (C);'';
(3) in subparagraph (C), by striking the period at the end
and inserting a semicolon; and
(4) by adding at the end the following:
``(D) reimburse planning and design expenses
relating to activities described in subparagraph (A) or
(C); or
``(E) finance economic development, including
commercial and residential development, and related
infrastructure and activities, that--
``(i) incorporates private investment;
``(ii) is physically or functionally related
to a passenger rail station or multimodal station
that includes rail service;
``(iii) has a high probability of the
applicant commencing the contracting process for
construction not later than 90 days after the date
on which the direct loan or loan guarantee is
obligated for the project under this title; and
``(iv) has a high probability of reducing the
need for financial assistance under any other
Federal program for the relevant passenger rail
station or service by increasing ridership, tenant
lease payments, or other activities that generate
revenue exceeding costs.''.

(b) Required Non-Federal Match for Transit-oriented Development
Projects.--Section 502(h) (45 U.S.C. 822(h)) is amended by adding at the
end the following:
``(4) The Secretary shall require each recipient of a direct loan or
loan guarantee under this section for a project described in subsection
(b)(1)(E) to provide a non-Federal match of not less than 25 percent of
the total amount expended by the recipient for such project.''.
(c) Sunset.--Section 502(b) (45 U.S.C. 822(b)) is amended by adding
at the end the following:

[[Page 1695]]

``(3) Sunset.--The Secretary may provide a direct loan or
loan guarantee under this section for a project described in
paragraph (1)(E) only during the 4-year period beginning on the
date of enactment of the Passenger Rail Reform and Investment
Act of 2015.''.
SEC. 11605. PROGRAM ADMINISTRATION.

(a) Application Processing Procedures.--Section 502(i) (45 U.S.C.
822(i)) is amended to read as follows:
``(i) Application Processing Procedures.--
``(1) Application status notices.--Not later than 30 days
after the date that the Secretary receives an application under
this section, or additional information and material under
paragraph (2)(B), the Secretary shall provide the applicant
written notice as to whether the application is complete or
incomplete.
``(2) Incomplete applications.--If the Secretary determines
that an application is incomplete, the Secretary shall--
``(A) provide the applicant with a description of
all of the specific information or material that is
needed to complete the application, including any
information required by an independent financial
analyst; and
``(B) allow the applicant to resubmit the
application with the information and material described
under subparagraph (A) to complete the application.
``(3) Application approvals and disapprovals.--
``(A) In general.--Not later than 60 days after the
date the Secretary notifies an applicant that an
application is complete under paragraph (1), the
Secretary shall provide the applicant written notice as
to whether the Secretary has approved or disapproved the
application.
``(B) Actions by the office of management and
budget.--In order to enable compliance with the time
limit under subparagraph (A), the Office of Management
and Budget shall take any action required with respect
to the application within that 60-day period.
``(4) Expedited processing.--The Secretary shall implement
procedures and measures to economize the time and cost involved
in obtaining an approval or a disapproval of an application for
a direct loan or loan guarantee under this title.
``(5) Dashboard.--The Secretary shall post on the Department
of Transportation's Internet Web site a monthly report that
includes, for each application--
``(A) the applicant type;
``(B) the location of the project;
``(C) a brief description of the project, including
its purpose;
``(D) the requested direct loan or loan guarantee
amount;
``(E) the date on which the Secretary provided
application status notice under paragraph (1); and
``(F) the date that the Secretary provided notice of
approval or disapproval under paragraph (3).''.

(b) Administration of Direct Loans and Loan Guarantees.--Section 503
(45 U.S.C. 823) is amended--

[[Page 1696]]

(1) in subsection (a) by striking the period at the end and
inserting ``, including a program guide, a standard term sheet,
and specific timetables.'';
(2) by redesignating subsections (c) through (l) as
subsections (d) through (m), respectively;
(3) by striking ``(b) Assignment of Loan Guarantees.--'' and
inserting ``(c) Assignment of Loan Guarantees.--'';
(4) in subsection (d), as so redesignated--
(A) in paragraph (1) by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (2) by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(3) the modification cost has been covered under section
502(f).''; and
(5) by striking subsection (l), as so redesignated, and
inserting the following:

``(l) Charges and Loan Servicing.--
``(1) Purposes.--The Secretary may collect from each
applicant, obligor, or loan party a reasonable charge for--
``(A) the cost of evaluating the application,
amendments, modifications, and waivers, including for
evaluating project viability, applicant
creditworthiness, and the appraisal of the value of the
equipment or facilities for which the direct loan or
loan guarantee is sought, and for making necessary
determinations and findings;
``(B) the cost of award management and project
management oversight;
``(C) the cost of services from expert firms,
including counsel, and independent financial advisors to
assist in the underwriting, auditing, servicing, and
exercise of rights with respect to direct loans and loan
guarantees; and
``(D) the cost of all other expenses incurred as a
result of a breach of any term or condition or any event
of default on a direct loan or loan guarantee.
``(2) Standards.--The Secretary may charge different amounts
under this subsection based on the different costs incurred
under paragraph (1).
``(3) Servicer.--
``(A) In general.--The Secretary may appoint a
financial entity to assist the Secretary in servicing a
direct loan or loan guarantee under this title.
``(B) Duties.--A servicer appointed under
subparagraph (A) shall act as the agent of the Secretary
in serving a direct loan or loan guarantee under this
title.
``(C) Fees.--A servicer appointed under subparagraph
(A) shall receive a servicing fee from the obligor or
other loan party, subject to approval by the Secretary.
``(4) Safety and operations account.--Amounts collected
under this subsection shall--
``(A) be credited directly to the Safety and
Operations account of the Federal Railroad
Administration; and
``(B) remain available until expended to pay for the
costs described in this subsection.''.

[[Page 1697]]

SEC. 11606. LOAN TERMS AND REPAYMENT.

(a) Prerequisites for Assistance.--Section 502(g)(1) (45 U.S.C.
822(g)(1)) is amended by striking ``35 years from the date of its
execution'' and inserting the following: ``the lesser of--
``(A) 35 years after the date of substantial
completion of the project; or
``(B) the estimated useful life of the rail
equipment or facilities to be acquired, rehabilitated,
improved, developed, or established''.

(b) Repayment Schedules.--Section 502(j) (45 U.S.C. 822(j)) is
amended--
(1) in paragraph (1) by striking ``the sixth anniversary
date of the original loan disbursement'' and inserting ``5 years
after the date of substantial completion''; and
(2) by adding at the end the following:
``(3) Deferred payments.--
``(A) In general.--If at any time after the date of
substantial completion the obligor is unable to pay the
scheduled loan repayments of principal and interest on a
direct loan provided under this section, the Secretary,
subject to subparagraph (B), may allow, for a maximum
aggregate time of 1 year over the duration of the direct
loan, the obligor to add unpaid principal and interest
to the outstanding balance of the direct loan.
``(B) Interest.--A payment deferred under
subparagraph (A) shall--
``(i) continue to accrue interest under
paragraph (2) until the loan is fully repaid; and
``(ii) be scheduled to be amortized over the
remaining term of the loan.
``(4) Prepayments.--
``(A) Use of excess revenues.--With respect to a
direct loan provided by the Secretary under this
section, any excess revenues that remain after
satisfying scheduled debt service requirements on the
project obligations and direct loan and all deposit
requirements under the terms of any trust agreement,
bond resolution, or similar agreement securing project
obligations may be applied annually to prepay the direct
loan without penalty.
``(B) Use of proceeds of refinancing.--The direct
loan may be prepaid at any time without penalty from the
proceeds of refinancing from non-Federal funding
sources.''.

(c) Sale of Direct Loans.--Section 502 (45 U.S.C. 822) is amended by
adding at the end the following:
``(k) Sale of Direct Loans.--
``(1) In general.--Subject to paragraph (2) and as soon as
practicable after substantial completion of a project, the
Secretary, after notifying the obligor, may sell to another
entity or reoffer into the capital markets a direct loan for the
project if the Secretary determines that the sale or reoffering
has a high probability of being made on favorable terms.
``(2) Consent of obligor.--In making a sale or reoffering
under paragraph (1), the Secretary may not change the original
terms and conditions of the secured loan without the prior
written consent of the obligor.''.

[[Page 1698]]

(d) Nonsubordination.--Section 502 (45 U.S.C. 822) is further
amended by adding at the end the following:
``(l) Nonsubordination.--
``(1) In general.--Except as provided in paragraph (2), a
direct loan provided by the Secretary under this section shall
not be subordinated to the claims of any holder of project
obligations in the event of bankruptcy, insolvency, or
liquidation of the obligor.
``(2) Preexisting indentures.--
``(A) In general.--The Secretary may waive the
requirement under paragraph (1) for a public agency
borrower that is financing ongoing capital programs and
has outstanding senior bonds under a preexisting
indenture if--
``(i) the direct loan is rated in the A
category or higher;
``(ii) the direct loan is secured and payable
from pledged revenues not affected by project
performance, such as a tax-based revenue pledge or
a system-backed pledge of project revenues; and
``(iii) the program share, under this title,
of eligible project costs is 50 percent or less.
``(B) Limitation.--The Secretary may impose
limitations for the waiver of the nonsubordination
requirement under this paragraph if the Secretary
determines that such limitations would be in the
financial interest of the Federal Government.''.
SEC. 11607. CREDIT RISK PREMIUMS.

(a) Infrastructure Partners.--Section 502(f) (45 U.S.C. 822(f)) is
amended--
(1) in paragraph (1) by striking the first sentence and
inserting the following: ``In lieu of or in combination with
appropriations of budget authority to cover the costs of direct
loans and loan guarantees as required under section 504(b)(1) of
the Federal Credit Reform Act of 1990 (2 U.S.C. 661c(b)(1)),
including the cost of a modification thereof, the Secretary may
accept on behalf of an applicant for assistance under this
section a commitment from a non-Federal source, including a
State or local government or agency or public benefit
corporation or public authority thereof, to fund in whole or in
part credit risk premiums and modification costs with respect to
the loan that is the subject of the application or
modification.'';
(2) in paragraph (2)--
(A) in subparagraph (D), by adding ``and'' after the
semicolon;
(B) by striking subparagraph (E); and
(C) by redesignating subparagraph (F) as
subparagraph (E);
(3) by striking paragraph (4);
(4) by redesignating paragraph (3) as paragraph (4);
(5) by inserting after paragraph (2) the following:
``(3) Creditworthiness.--An applicant may propose and the
Secretary shall accept as a basis for determining the amount of
the credit risk premium under paragraph (2) any of the following
in addition to the value of any tangible asset:

[[Page 1699]]

``(A) The net present value of a future stream of
State or local subsidy income or other dedicated
revenues to secure the direct loan or loan guarantee.
``(B) Adequate coverage requirements to ensure
repayment, on a non-recourse basis, from cash flows
generated by the project or any other dedicated revenue
source, including--
``(i) tolls;
``(ii) user fees; or
``(iii) payments owing to the obligor under a
public-private partnership.
``(C) An investment-grade rating on the direct loan
or loan guarantee, as applicable, except that if the
total amount of the direct loan or loan guarantee is
greater than $75,000,000, the applicant shall have an
investment-grade rating from at least 2 rating agencies
on the direct loan or loan guarantee.''; and
(6) in paragraph (4), as redesignated, by striking
``amounts'' and inserting ``amounts (and in the case of a
modification, before the modification is executed), to the
extent appropriations are not available to the Secretary to meet
the costs of direct loans and loan guarantees, including costs
of modifications thereof''.

(b) <>  Savings Clause.--All provisions
under sections 502 through 504 of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.) as they existed on
the day before enactment of this Act shall apply to direct loans
provided by the Secretary prior to the date of enactment of this Act,
and nothing in this title may be construed to limit the payback of a
credit risk premium, with interest accrued thereon, if a direct loan
provided by the Secretary under such sections has been paid back in
full, prior to the date of enactment of this Act.
SEC. 11608. MASTER CREDIT AGREEMENTS.

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

[[Page 1700]]

in each of the direct loans or loan guarantees or in the
release of the master credit agreement.''.
SEC. 11609. PRIORITIES AND CONDITIONS.

(a) Priority Projects.--Section 502(c) (45 U.S.C. 822(c)) is
amended--
(1) in paragraph (1), by inserting ``, including projects
for the installation of a positive train control system (as
defined in section 20157(i) of title 49, United States Code)''
after ``public safety'';
(2) by moving paragraph (3) to appear before paragraph (2),
and redesignating those paragraphs accordingly;
(3) in paragraph (5), by inserting ``or chapter 227 of title
49'' after ``section 135 of title 23'';
(4) by redesignating paragraphs (6) through (8) as
paragraphs (7) through (9), respectively; and
(5) by inserting after paragraph (5) the following:
``(6) improve railroad stations and passenger facilities and
increase transit-oriented development;''.

(b) Conditions of Assistance.--Section 502(h)(2) (45 U.S.C.
822(h)(2)) is amended by inserting ``, if applicable'' after
``project''.
SEC. 11610. <>  SAVINGS PROVISIONS.

(a) In General.--Except as provided in subsection (b) and section
11607(b), this subtitle, and the amendments made by this subtitle, shall
not affect any direct loan (or direct loan obligation) or an outstanding
loan guarantee (or loan guarantee commitment) that was in effect prior
to the date of enactment of this Act. Any such transaction entered into
before the date of enactment of this Act shall be administered until
completion under its terms as if this Act were not enacted.
(b) Modification Costs.--At the discretion of the Secretary, the
authority to accept modification costs on behalf of an applicant under
section 502(f) of the Railroad Revitalization and Regulatory Reform Act
of 1976 (45 U.S.C. 822(f)), as amended by section 11607 of this Act, may
apply with respect to any direct loan (or direct loan obligation) or an
outstanding loan guarantee (or loan guarantee commitment) that was in
effect prior to the date of enactment of this Act.
SEC. 11611. REPORT ON LEVERAGING RRIF.

(a) In General.--Not later than 180 days after the date of enactment
of this Act, the Comptroller General of the United States shall transmit
to the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report that analyzes how the Railroad
Rehabilitation and Improvement Financing Program can be used to improve
passenger rail infrastructure.
(b) Report Contents.--The report required under subsection (a) shall
include--
(1) illustrative examples of projects that could be financed
under such Program;
(2) potential repayment sources for such projects, including
tax-increment financing, user fees, tolls, and other dedicated
revenue sources; and
(3) estimated costs and benefits of using the Program
relative to other options, including a comparison of the length

[[Page 1701]]

of time such projects would likely be completed without Federal
credit assistance.

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

TITLE XXIV--MOTOR VEHICLE SAFETY

Subtitle A--Vehicle Safety

SEC. 24101. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--Subject to subsection (b), there is authorized to
be appropriated to the Secretary to carry out chapter 301 of title 49,
and part C of subtitle VI of title 49, United States Code, amounts as
follows:
(1) $132,730,000 for fiscal year 2016.
(2) $135,517,330 for fiscal year 2017.
(3) $138,363,194 for fiscal year 2018.
(4) $141,268,821 for fiscal year 2019.
(5) $144,235,466 for fiscal year 2020.

(b) Additional Authorization of Appropriations if a Certification Is
Made.--
(1) In general.--In addition to the amounts authorized to be
appropriated under subsection (a) to carry out chapter 301 of
title 49, and part C of subtitle VI of title 49, United States
Code, if the certification described in paragraph (2) is made
during a fiscal year there is authorized to be appropriated to
the Secretary for that purpose for that fiscal year and
subsequent fiscal years an additional amount as follows:
(A) $46,270,000 for fiscal year 2016.
(B) $51,537,670 for fiscal year 2017.
(C) $57,296,336 for fiscal year 2018.
(D) $62,999,728 for fiscal year 2019.
(E) $69,837,974 for fiscal year 2020.
(2) Certification described.--The certification described in
this paragraph is a certification made by the Secretary and
submitted to Congress that the National Highway Traffic Safety
Administration has implemented all of the recommendations in the
Office of Inspector General Audit Report issued June 18, 2015
(ST-2015-063). As part of the certification, the Secretary shall
review the actions the National Highway Traffic Safety
Administration has taken to implement the recommendations and
issue a report to Congress detailing how the recommendations
were implemented. The Secretary shall not delegate or assign the
responsibility under this paragraph.
SEC. 24102. INSPECTOR GENERAL RECOMMENDATIONS.

(a) In General.--Not later than 90 days after the date of enactment
of this Act, and periodically thereafter until the completion date, the
Department of Transportation Inspector General shall report to the
appropriate committees of Congress on whether and what progress has been
made to implement the recommendations in the Office of Inspector General
Audit Report issued June 18, 2015 (ST-2015-063).

[[Page 1702]]

(b) Implementation Progress.--The Administrator of the National
Highway Traffic Safety Administration shall--
(1) not later than 90 days after the date of enactment of
this Act, and periodically thereafter until the completion date,
provide a briefing to the appropriate committees of Congress on
the actions the Administrator has taken to implement the
recommendations in the audit report described in subsection (a),
including a plan for implementing any remaining recommendations;
and
(2) not later than 1 year after the date of enactment of
this Act, issue a final report to the appropriate committees of
Congress on the implementation of all of the recommendations in
the audit report described in subsection (a).

(c) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Energy and Commerce of the House of
Representatives.
(2) Completion date.--The term ``completion date'' means the
date that the National Highway Traffic Safety Administration has
implemented all of the recommendations in the Office of
Inspector General Audit Report issued June 18, 2015 (ST-2015-
063).
SEC. 24103. <>  IMPROVEMENTS IN
AVAILABILITY OF RECALL INFORMATION.

(a) Vehicle Recall Information.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall implement current
information technology, web design trends, and best practices that will
help ensure that motor vehicle safety recall information available to
the public on the Federal website is readily accessible and easy to use,
including--
(1) by improving the organization, availability,
readability, and functionality of the website;
(2) by accommodating high-traffic volume; and
(3) by establishing best practices for scheduling routine
website maintenance.

(b) Government Accountability Office Public Awareness Report.--
(1) In general.--The Comptroller General shall study the
current use by consumers, dealers, and manufacturers of the
safety recall information made available to the public,
including the usability and content of the Federal and
manufacturers' websites and the National Highway Traffic Safety
Administration's efforts to publicize and educate consumers
about safety recall information.
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General shall issue a
report with the findings of the study under paragraph (1),
including recommending any actions the Secretary can take to
improve public awareness and use of the websites for safety
recall information.

(c) Promotion of Public Awareness.--Section 31301(c) of the Moving
Ahead for Progress in the 21st Century Act (49 U.S.C. 30166 note) is
amended to read as follows:

[[Page 1703]]

``(c) Promotion of Public Awareness.--The Secretary shall improve
public awareness of safety recall information made publicly available by
periodically updating the method of conveying that information to
consumers, dealers, and manufacturers, such as through public service
announcements.''.
(d) Consumer Guidance.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall make available to the public
on the Internet detailed guidance for consumers submitting safety
complaints, including--
(1) a detailed explanation of what information a consumer
should include in a complaint; and
(2) a detailed explanation of the possible actions the
National Highway Traffic Safety Administration can take to
address a complaint and respond to the consumer, including
information on--
(A) the consumer records, such as photographs and
police reports, that could assist with an investigation;
and
(B) the length of time a consumer should retain the
records described in subparagraph (A).

(e) Vin Search.--
(1) In general.--The Secretary, in coordination with
industry, including manufacturers and dealers, shall study--
(A) the feasibility of searching multiple vehicle
identification numbers at a time to retrieve motor
vehicle safety recall information; and
(B) the feasibility of making the search mechanism
described under subparagraph (A) publicly available.
(2) Considerations.--In conducting the study under paragraph
(1), the Secretary shall consider the potential costs, and
potential risks to privacy and security in implementing such a
search mechanism.
SEC. <>  24104. RECALL PROCESS.

(a) Notification Improvement.--
(1) In general.--Not later than 270 days after the date of
enactment of this Act, the Secretary shall prescribe a final
rule revising the regulations under section 577.7 of title 49,
Code of Federal Regulations, to include notification by
electronic means in addition to notification by first class
mail.
(2) Definition of electronic means.--In this subsection, the
term ``electronic means'' includes electronic mail and may
include such other means of electronic notification, such as
social media or targeted online campaigns, as determined by the
Secretary.

(b) Notification by Manufacturer.--Section 30118(c) of title 49,
United States Code, is amended by inserting ``or electronic mail'' after
``certified mail''.
(c) Recall Completion Rates Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and biennially thereafter for 4 years,
the Secretary shall--
(A) conduct an analysis of vehicle safety recall
completion rates to assess potential actions by the
National Highway Traffic Safety Administration to
improve vehicle safety recall completion rates; and
(B) submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on

[[Page 1704]]

Energy and Commerce of the House of Representatives a
report on the results of the analysis.
(2) Contents.--Each report shall include--
(A) the annual recall completion rate by
manufacturer, model year, component (such as brakes,
fuel systems, and air bags), and vehicle type (passenger
car, sport utility vehicle, passenger van, and pick-up
truck) for each of the 5 years before the year the
report is submitted;
(B) the methods by which the Secretary has conducted
analyses of these recall completion rates to determine
trends and identify risk factors associated with lower
recall rates; and
(C) the actions the Secretary has planned to improve
recall completion rates based on the results of this
data analysis.

(d) Inspector General Audit of Vehicle Recalls.--
(1) In general.--The Department of Transportation Inspector
General shall conduct an audit of the National Highway Traffic
Safety Administration's management of vehicle safety recalls.
(2) Contents.--The audit shall include a determination of
whether the National Highway Traffic Safety Administration--
(A) appropriately monitors recalls to ensure the
appropriateness of scope and adequacy of recall
completion rates and remedies;
(B) ensures manufacturers provide safe remedies, at
no cost to consumers;
(C) is capable of coordinating recall remedies and
processes; and
(D) can improve its policy on consumer notice to
combat effects of recall fatigue.
SEC. 24105. <>  PILOT GRANT PROGRAM FOR
STATE NOTIFICATION TO CONSUMERS OF
MOTOR VEHICLE RECALL STATUS.

(a) In General.--Not later than October 1, 2016, the Secretary shall
implement a 2-year pilot program to evaluate the feasibility and
effectiveness of a State process for informing consumers of open motor
vehicle recalls at the time of motor vehicle registration in the State.
(b) Grants.--To carry out this program, the Secretary may make a
grant to each eligible State, but not more than 6 eligible States in
total, that agrees to comply with the requirements under subsection (c).
Funds made available to a State under this section shall be used by the
State for the pilot program described in subsection (a).
(c) Eligibility.--To be eligible for a grant, a State shall--
(1) submit an application in such form and manner as the
Secretary prescribes;
(2) agree to notify, at the time of registration, each owner
or lessee of a motor vehicle presented for registration in the
State of any open recall on that vehicle;
(3) provide the open motor vehicle recall information at no
cost to each owner or lessee of a motor vehicle presented for
registration in the State; and
(4) provide such other information as the Secretary may
require.

[[Page 1705]]

(d) Awards.--In selecting an applicant for an award under this
section, the Secretary shall consider the State's methodology for
determining open recalls on a motor vehicle, for informing consumers of
the open recalls, and for determining performance.
(e) Performance Period.--Each grant awarded under this section shall
require a 2-year performance period.
(f) Report.--Not later than 90 days after the completion of the
performance period under subsection (e), a grantee shall provide to the
Secretary a report of performance containing such information as the
Secretary considers necessary to evaluate the extent to which open
recalls have been remedied.
(g) Evaluation.--Not later than 180 days after the completion of the
pilot program, the Secretary shall evaluate the extent to which open
recalls identified have been remedied.
(h) Definitions.--In this section:
(1) Consumer.--The term ``consumer'' includes owner and
lessee.
(2) Motor vehicle.--The term ``motor vehicle'' has the
meaning given the term under section 30102(a) of title 49,
United States Code.
(3) Open recall.--The term ``open recall'' means a recall
for which a notification by a manufacturer has been provided
under section 30119 of title 49, United States Code, and that
has not been remedied under section 30120 of that title.
(4) Registration.--The term ``registration'' means the
process for registering motor vehicles in the State.
(5) State.--The term ``State'' has the meaning given the
term under section 101(a) of title 23, United States Code.
SEC. 24106. RECALL OBLIGATIONS UNDER BANKRUPTCY.

Section 30120A of title 49, United States Code, is amended by
striking ``chapter 11 of title 11,'' and inserting ``chapter 7 or
chapter 11 of title 11''.
SEC. 24107. DEALER REQUIREMENT TO CHECK FOR OPEN RECALL.

Section 30120(f) of title 49, United States Code, is amended--
(1) by inserting ``(1) in general. A manufacturer'' and
indenting appropriately;
(2) in paragraph (1), as redesignated, by striking the
period at the end and inserting the following: ``if--
``(A) at the time of providing service for each of
the manufacturer's motor vehicles it services, the
dealer notifies the owner or the individual requesting
the service of any open recall; and
``(B) the notification requirement under
subparagraph (A) is specified in a franchise, operating,
or other agreement between the dealer and the
manufacturer.''; and
(3) by adding at the end the following:
``(2) Definition of open recall.--In this subsection, the
term `open recall' means a recall for which a notification by a
manufacturer has been provided under section 30119 and that has
not been remedied under this section.''.
SEC. 24108. EXTENSION OF TIME PERIOD FOR REMEDY OF TIRE DEFECTS.

Section 30120(b) of title 49, United States Code, is amended--
(1) in paragraph (1), by striking ``60 days'' and inserting
``180 days''; and

[[Page 1706]]

(2) in paragraph (2), by striking ``60-day'' each place it
appears and inserting ``180-day''.
SEC. 24109. <>  RENTAL CAR SAFETY.

(a) <>  Short Title.--This section may be
cited as the ``Raechel and Jacqueline Houck Safe Rental Car Act of
2015''.

(b) Definitions.--Section 30102(a) of title 49, United States Code,
is amended--
(1) by redesignating paragraphs (10) and (11) as paragraphs
(12) and (13), respectively;
(2) by redesignating paragraphs (1) through (9) as
paragraphs (2) through (10), respectively;
(3) by inserting before paragraph (2), as redesignated, the
following:
``(1) `covered rental vehicle' means a motor vehicle that--
``(A) has a gross vehicle weight rating of 10,000
pounds or less;
``(B) is rented without a driver for an initial term
of less than 4 months; and
``(C) is part of a motor vehicle fleet of 35 or more
motor vehicles that are used for rental purposes by a
rental company.''; and
(4) by inserting after paragraph (10), as redesignated, the
following:
``(11) `rental company' means a person who--
``(A) is engaged in the business of renting covered
rental vehicles; and
``(B) uses for rental purposes a motor vehicle fleet
of 35 or more covered rental vehicles, on average,
during the calendar year.''.

(c) Remedies for Defects and Noncompliance.--Section 30120(i) of
title 49, United States Code, is amended--
(1) in the subsection heading, by adding ``, or Rental'' at
the end;
(2) in paragraph (1)--
(A) by striking ``(1) If notification'' and
inserting the following:
``(1) In general.--If notification'';
(B) by indenting subparagraphs (A) and (B) four ems
from the left margin;
(C) by inserting ``or the manufacturer has provided
to a rental company notification about a covered rental
vehicle in the company's possession at the time of
notification'' after ``time of notification'';
(D) by striking ``the dealer may sell or lease,''
and inserting ``the dealer or rental company may sell,
lease, or rent''; and
(E) in subparagraph (A), by striking ``sale or
lease'' and inserting ``sale, lease, or rental
agreement'';
(3) by amending paragraph (2) to read as follows:
``(2) Rule of construction.--Nothing in this subsection may
be construed to prohibit a dealer or rental company from
offering the vehicle or equipment for sale, lease, or rent.'';
and
(4) by adding at the end the following:
``(3) Specific rules for rental companies.--

[[Page 1707]]

``(A) In general.--Except as otherwise provided
under this paragraph, a rental company shall comply with
the limitations on sale, lease, or rental set forth in
subparagraph (C) and paragraph (1) as soon as
practicable, but not later than 24 hours after the
earliest receipt of the notice to owner under subsection
(b) or (c) of section 30118 (including the vehicle
identification number for the covered vehicle) by the
rental company, whether by electronic means or first
class mail.
``(B) Special rule for large vehicle fleets.--
Notwithstanding subparagraph (A), if a rental company
receives a notice to owner covering more than 5,000
motor vehicles in its fleet, the rental company shall
comply with the limitations on sale, lease, or rental
set forth in subparagraph (C) and paragraph (1) as soon
as practicable, but not later than 48 hours after the
earliest receipt of the notice to owner under subsection
(b) or (c) of section 30118 (including the vehicle
identification number for the covered vehicle) by the
rental company, whether by electronic means or first
class mail.
``(C) Special rule for when remedies not immediately
available.--If a notification required under subsection
(b) or (c) of section 30118 indicates that the remedy
for the defect or noncompliance is not immediately
available and specifies actions to temporarily alter the
vehicle that eliminate the safety risk posed by the
defect or noncompliance, the rental company, after
causing the specified actions to be performed, may rent
(but may not sell or lease) the motor vehicle. Once the
remedy for the rental vehicle becomes available to the
rental company, the rental company may not rent the
vehicle until the vehicle has been remedied, as provided
in subsection (a).
``(D) Inapplicability to junk automobiles.--
Notwithstanding paragraph (1), this subsection does not
prohibit a rental company from selling a covered rental
vehicle if such vehicle--
``(i) meets the definition of a junk
automobile under section 201 of the Anti-Car Theft
Act of 1992 (49 U.S.C. 30501);
``(ii) is retitled as a junk automobile
pursuant to applicable State law; and
``(iii) is reported to the National Motor
Vehicle Information System, if required under
section 204 of such Act (49 U.S.C. 30504).''.

(d) Making Safety Devices and Elements Inoperative.--Section
30122(b) of title 49, United States Code, is amended by inserting
``rental company,'' after ``dealer,'' each place such term appears.
(e) Inspections, Investigations, and Records.--Section 30166 of
title 49, United States Code, is amended--
(1) in subsection (c)(2), by striking ``or dealer'' each
place such term appears and inserting ``dealer, or rental
company'';
(2) in subsection (e), by striking ``or dealer'' each place
such term appears and inserting ``dealer, or rental company'';
and
(3) in subsection (f), by striking ``or to owners'' and
inserting ``, rental companies, or other owners''.

[[Page 1708]]

(f) Research Authority.--The Secretary of Transportation may conduct
a study of--
(1) the effectiveness of the amendments made by this
section; and
(2) other activities of rental companies (as defined in
section 30102(a)(11) of title 49, United States Code) related to
their use and disposition of motor vehicles that are the subject
of a notification required under section 30118 of title 49,
United States Code.

(g) Study.--
(1) Additional requirement.--Section 32206(b)(2) of the
Moving Ahead for Progress in the 21st Century Act (Public Law
112-141; 126 Stat. 785) is amended--
(A) in subparagraph (E), by striking ``and'' at the
end;
(B) by redesignating subparagraph (F) as
subparagraph (G); and
(C) by inserting after subparagraph (E) the
following:
``(F) evaluate the completion of safety recall
remedies on rental trucks; and''.
(2) Report.--Section 32206(c) of such Act is amended--
(A) in paragraph (1), by striking ``subsection (b)''
and inserting ``subparagraphs (A) through (E) and (G) of
subsection (b)(2)'';
(B) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(C) by striking ``Report. Not later'' and inserting
the following:

``(c) Reports.--
``(1) Initial report.--Not later''; and
(D) by adding at the end the following:
``(2) Safety recall remedy report.--Not later than 1 year
after the date of the enactment of the `Raechel and Jacqueline
Houck Safe Rental Car Act of 2015', the Secretary shall submit a
report to the congressional committees set forth in paragraph
(1) that contains--
``(A) the findings of the study conducted pursuant
to subsection (b)(2)(F); and
``(B) any recommendations for legislation that the
Secretary determines to be appropriate.''.

(h) Public Comments.--The Secretary shall solicit comments regarding
the implementation of this section from members of the public, including
rental companies, consumer organizations, automobile manufacturers, and
automobile dealers.
(i) <>  Rule of Construction.--Nothing in
this section or the amendments made by this section--
(1) may be construed to create or increase any liability,
including for loss of use, for a manufacturer as a result of
having manufactured or imported a motor vehicle subject to a
notification of defect or noncompliance under subsection (b) or
(c) of section 30118 of title 49, United States Code; or
(2) shall supersede or otherwise affect the contractual
obligations, if any, between such a manufacturer and a rental
company (as defined in section 30102(a) of title 49, United
States Code).

(j) <>  Rulemaking.--The Secretary may
promulgate rules, as appropriate, to implement this section and the
amendments made by this section.

[[Page 1709]]

(k) <>  Effective Date.--The amendments
made by this section shall take effect on the date that is 180 days
after the date of enactment of this Act.
SEC. 24110. INCREASE IN CIVIL PENALTIES FOR VIOLATIONS OF MOTOR
VEHICLE SAFETY.

(a) Increase in Civil Penalties.--Section 30165(a) of title 49,
United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``$5,000'' and inserting
``$21,000''; and
(B) by striking ``$35,000,000'' and inserting
``$105,000,000''; and
(2) in paragraph (3)--
(A) by striking ``$5,000'' and inserting
``$21,000''; and
(B) by striking ``$35,000,000'' and inserting
``$105,000,000''.

(b) <>  Effective Date.--The amendments
made by subsection (a) of this section take effect on the date that the
Secretary certifies to Congress that the National Highway Traffic Safety
Administration has issued the final rule required by section 31203(b) of
the Moving Ahead for Progress In the 21st Century Act (Public Law 112-
141; 126 Stat. 758; 49 U.S.C. 30165 note).

(c) Publication of Effective Date.--The Secretary shall publish
notice of the effective date under subsection (b) of this section in the
Federal Register.
SEC. 24111. ELECTRONIC ODOMETER DISCLOSURES.

Section 32705(g) of title 49, United States Code, is amended--
(1) by inserting ``(1)'' before ``Not later than'' and
indenting appropriately; and
(2) by adding at the end the following:
``(2) Notwithstanding paragraph (1) and subject to paragraph
(3), a State, without approval from the Secretary under
subsection (d), may allow for written disclosures or notices and
related matters to be provided electronically if--
``(A) in compliance with--
``(i) the requirements of subchapter 1 of
chapter 96 of title 15; or
``(ii) the requirements of a State law under
section 7002(a) of title 15; and
``(B) the disclosures or notices otherwise meet the
requirements under this section, including appropriate
authentication and security measures.
``(3) Paragraph (2) ceases to be effective on the date the
regulations under paragraph (1) become effective.''.
SEC. 24112. CORPORATE RESPONSIBILITY FOR NHTSA REPORTS.

Section 30166(o) of title 49, United States Code, is amended--
(1) in paragraph (1), by striking ``may'' and inserting
``shall''; and
(2) by adding at the end the following:
``(3) Deadline.--Not later than 1 year after the date of
enactment of the Comprehensive Transportation and Consumer
Protection Act of 2015, the Secretary shall issue a final rule
under paragraph (1).''.

[[Page 1710]]

SEC. 24113. DIRECT VEHICLE NOTIFICATION OF RECALLS.

(a) Recall Notification Report.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall issue a report on the
feasibility of a technical system that would operate in each new motor
vehicle to indicate when the vehicle is subject to an open recall.
(b) Definition of Open Recall.--In this section the term ``open
recall'' means a recall for which a notification by a manufacturer has
been provided under section 30119 of title 49, United States Code, and
that has not been remedied under section 30120 of that title.
SEC. 24114. UNATTENDED CHILDREN WARNING.

Section 31504(a) of the Moving Ahead for Progress in the 21st
Century Act (49 U.S.C. 30111 note) is amended by striking ``may'' and
inserting ``shall''.
SEC. 24115. <>  TIRE PRESSURE MONITORING
SYSTEM.

(a) Proposed Rule.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall publish a proposed rule
that--
(1) updates the standards pertaining to tire pressure
monitoring systems to ensure that a tire pressure monitoring
system that is installed in a new motor vehicle after the
effective date of such updated standards cannot be overridden,
reset, or recalibrated in such a way that the system will no
longer detect when the inflation pressure in one or more of the
vehicle's tires has fallen to or below a significantly
underinflated pressure level; and
(2) does not contain any provision that has the effect of
prohibiting the availability of direct or indirect tire pressure
monitoring systems that meet the requirements of the standards
updated pursuant to paragraph (1).

(b) Final Rule.--Not later than 2 years after the date of enactment
of this Act, after providing the public with sufficient opportunity for
notice and comment on the proposed rule published pursuant to subsection
(a), the Secretary shall issue a final rule based on the proposed rule
described in subsection (a) that--
(1) allows a manufacturer to install a tire pressure
monitoring system that can be reset or recalibrated to
accommodate--
(A) the repositioning of tire sensor locations on
vehicles with split inflation pressure recommendations;
(B) tire rotation; or
(C) replacement tires or wheels of a different size
than the original equipment tires or wheels; and
(2) to address the accommodations described in subparagraphs
(A), (B), and (C) of paragraph (1), ensures that a tire pressure
monitoring system that is reset or recalibrated according to the
manufacturer's instructions would illuminate the low tire
pressure warning telltale when a tire is significantly
underinflated until the tire is no longer significantly
underinflated.

(c) Significantly Underinflated Pressure Level Defined.--In this
section, the term ``significantly underinflated pressure level'' means a
pressure level that is--

[[Page 1711]]

(1) below the level at which the low tire pressure warning
telltale must illuminate, consistent with the TPMS detection
requirements contained in S4.2(a) of section 571.138 of title
49, Code of Federal Regulations, or any corresponding similar or
successor regulation or ruling (as determined by the Secretary);
and
(2) in the case of a replacement wheel or tire, below the
recommended cold inflation pressure of the wheel or tire
manufacturer.
SEC. 24116. INFORMATION REGARDING COMPONENTS INVOLVED IN RECALL.

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

Subtitle B--Research And Development And Vehicle Electronics

SEC. 24201. REPORT ON OPERATIONS OF THE COUNCIL FOR VEHICLE
ELECTRONICS, VEHICLE SOFTWARE, AND
EMERGING TECHNOLOGIES.

Not later than 1 year after the date of enactment of this Act, the
Secretary shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and Commerce of
the House of Representatives a report regarding the operations of the
Council for Vehicle Electronics, Vehicle Software, and Emerging
Technologies established under section 31401 of the Moving Ahead for
Progress in the 21st Century Act (49 U.S.C. 105 note). The report shall
include information about the accomplishments of the Council, the role
of the Council in integrating and aggregating electronic and emerging
technologies expertise across the National Highway Traffic Safety
Administration, the role of the Council in coordinating with other
Federal agencies, and the priorities of the Council over the next 5
years.
SEC. 24202. COOPERATION WITH FOREIGN GOVERNMENTS.

(a) Title 49 Amendment.--Section 30182(b) of title 49, United States
Code, is amended--
(1) in paragraph (4), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after paragraph (5) the following:

[[Page 1712]]

``(6) in coordination with Department of State, enter into
cooperative agreements and collaborative research and
development agreements with foreign governments.''.

(b) Title 23 Amendment.--Section 403 of title 23, United States
Code, is amended--
(1) in subsection (b)(2)(C), by inserting ``foreign
government (in coordination with the Department of State)''
after ``institution,''; and
(2) in subsection (c)(1)(A), by inserting ``foreign
governments,'' after ``local governments,''.

(c) Audit.--The Department of Transportation Inspector General shall
conduct an audit of the Secretary of Transportation's management and
oversight of cooperative agreements and collaborative research and
development agreements, including any cooperative agreements between the
Secretary of Transportation and foreign governments under section
30182(b)(6) of title 49, United States Code, and subsections (b)(2)(C)
and (c)(1)(A) of title 23, United States Code.

Subtitle C--Miscellaneous Provisions

PART I-- <> DRIVER PRIVACY ACT OF
2015
SEC. 24301. <> SHORT TITLE.

This part may be cited as the ``Driver Privacy Act of 2015''.
SEC. 24302. <> LIMITATIONS ON DATA
RETRIEVAL FROM VEHICLE EVENT DATA
RECORDERS.

(a) Ownership of Data.--Any data retained by an event data recorder
(as defined in section 563.5 of title 49, Code of Federal Regulations),
regardless of when the motor vehicle in which it is installed was
manufactured, is the property of the owner, or, in the case of a leased
vehicle, the lessee of the motor vehicle in which the event data
recorder is installed.
(b) Privacy.--Data recorded or transmitted by an event data recorder
described in subsection (a) may not be accessed by a person other than
an owner or a lessee of the motor vehicle in which the event data
recorder is installed unless--
(1) a court or other judicial or administrative authority
having jurisdiction--
(A) authorizes the retrieval of the data; and
(B) to the extent that there is retrieved data, the
data is subject to the standards for admission into
evidence required by that court or other administrative
authority;
(2) an owner or a lessee of the motor vehicle provides
written, electronic, or recorded audio consent to the retrieval
of the data for any purpose, including the purpose of
diagnosing, servicing, or repairing the motor vehicle, or by
agreeing to a subscription that describes how data will be
retrieved and used;
(3) the data is retrieved pursuant to an investigation or
inspection authorized under section 1131(a) or 30166 of title
49, United States Code, and the personally identifiable
information of an owner or a lessee of the vehicle and the
vehicle identification number is not disclosed in connection
with the retrieved data, except that the vehicle identification
number may be disclosed to the certifying manufacturer;

[[Page 1713]]

(4) the data is retrieved for the purpose of determining the
need for, or facilitating, emergency medical response in
response to a motor vehicle crash; or
(5) the data is retrieved for traffic safety research, and
the personally identifiable information of an owner or a lessee
of the vehicle and the vehicle identification number is not
disclosed in connection with the retrieved data.
SEC. 24303. <> VEHICLE EVENT DATA
RECORDER STUDY.

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

PART II-- <> SAFETY THROUGH INFORMED CONSUMERS ACT OF 2015
SEC. 24321. <> SHORT TITLE.

This part may be cited as the ``Safety Through Informed Consumers
Act of 2015''.
SEC. 24322. PASSENGER MOTOR VEHICLE INFORMATION.

Section 32302 of title 49, United States Code, is amended by
inserting after subsection (b) the following:
``(c) Crash Avoidance.--Not later than 1 year after the date of
enactment of the Safety Through Informed Consumers Act of 2015, the
Secretary shall promulgate a rule to ensure that crash avoidance
information is indicated next to crashworthiness information on stickers
placed on motor vehicles by their manufacturers.''.

PART III-- <> TIRE EFFICIENCY, SAFETY, AND REGISTRATION ACT OF 2015
SEC. 24331. <> SHORT TITLE.

This part may be cited as the ``Tire Efficiency, Safety, and
Registration Act of 2015'' or the ``TESR Act''.
SEC. 24332. TIRE FUEL EFFICIENCY MINIMUM PERFORMANCE STANDARDS.

Section 32304A of title 49, United States Code, is amended--
(1) in the section heading, by inserting ``AND STANDARDS''
after ``CONSUMER TIRE INFORMATION'';
(2) in subsection (a)--

[[Page 1714]]

(A) in the heading, by striking ``Rulemaking'' and
inserting ``Consumer Tire Information''; and
(B) in paragraph (1), by inserting ``(referred to in
this section as the `Secretary')'' after ``Secretary of
Transportation'';
(3) by redesignating subsections (b) through (e) as
subsections (e) though (h), respectively; and
(4) by inserting after subsection (a) the following:

``(b) Promulgation of Regulations for Tire Fuel Efficiency Minimum
Performance Standards.--
``(1) In general.--The Secretary, after consultation with
the Secretary of Energy and the Administrator of the
Environmental Protection Agency, shall promulgate regulations
for tire fuel efficiency minimum performance standards for--
``(A) passenger car tires with a maximum speed
capability equal to or less than 149 miles per hour or
240 kilometers per hour; and
``(B) passenger car tires with a maximum speed
capability greater than 149 miles per hour or 240
kilometers per hour.
``(2) Tire fuel efficiency minimum performance standards.--
``(A) Standard basis and test procedures.--The
minimum performance standards promulgated under
paragraph (1) shall be expressed in terms of the rolling
resistance coefficient measured using the test procedure
specified in section 575.106 of title 49, Code of
Federal Regulations (as in effect on the date of
enactment of this Act).
``(B) No disparate effect on high performance
tires.--The Secretary shall ensure that the minimum
performance standards promulgated under paragraph (1)
will not have a disproportionate effect on passenger car
high performance tires with a maximum speed capability
greater than 149 miles per hour or 240 kilometers per
hour.
``(C) Applicability.--
``(i) In general.--This subsection applies to
new pneumatic tires for use on passenger cars.
``(ii) Exceptions.--This subsection does not
apply to light truck tires, deep tread tires,
winter-type snow tires, space-saver or temporary
use spare tires, or tires with nominal rim
diameters of 12 inches or less.

``(c) Promulgation of Regulations for Tire Wet Traction Minimum
Performance Standards.--
``(1) In general.--The Secretary shall promulgate
regulations for tire wet traction minimum performance standards
to ensure that passenger tire wet traction capability is not
reduced to achieve improved tire fuel efficiency.
``(2) Tire wet traction minimum performance standards.--
``(A) Basis of standard.--The minimum performance
standards promulgated under paragraph (1) shall be
expressed in terms of peak coefficient of friction.
``(B) Test procedures.--Any test procedure
promulgated under this subsection shall be consistent
with any test procedure promulgated under subsection
(a).

[[Page 1715]]

``(C) Benchmarking.--The Secretary shall conduct
testing to benchmark the wet traction performance of
tire models available for sale in the United States as
of the date of enactment of this Act to ensure that the
minimum performance standards promulgated under
paragraph (1) are tailored to--
``(i) tires sold in the United States; and
``(ii) the needs of consumers in the United
States.
``(D) Applicability.--
``(i) In general.--This subsection applies to
new pneumatic tires for use on passenger cars.
``(ii) Exceptions.--This subsection does not
apply to light truck tires, deep tread tires,
winter-type snow tires, space-saver or temporary
use spare tires, or tires with nominal rim
diameters of 12 inches or less.

``(d) Coordination Among Regulations.--
``(1) Compatibility.--The Secretary shall ensure that the
test procedures and requirements promulgated under subsections
(a), (b), and (c) are compatible and consistent.
``(2) Combined effect of rules.--The Secretary shall
evaluate the regulations promulgated under subsections (b) and
(c) to ensure that compliance with the minimum performance
standards promulgated under subsection (b) will not diminish wet
traction performance of affected tires.
``(3) Rulemaking deadlines.--The Secretary shall
promulgate--
``(A) the regulations under subsections (b) and (c)
not later than 24 months after the date of enactment of
this Act; and
``(B) the regulations under subsection (c) not later
than the date of promulgation of the regulations under
subsection (b).''.
SEC. 24333. TIRE REGISTRATION BY INDEPENDENT SELLERS.

Paragraph (3) of section 30117(b) of title 49, United States Code,
is amended to read as follows:
``(3) Rulemaking.--
``(A) In general.--The Secretary shall initiate a
rulemaking to require a distributor or dealer of tires
that is not owned or controlled by a manufacturer of
tires to maintain records of--
``(i) the name and address of tire purchasers
and lessors;
``(ii) information identifying the tire that
was purchased or leased; and
``(iii) any additional records the Secretary
considers appropriate.
``(B) Electronic transmission.--The rulemaking
carried out under subparagraph (A) shall require a
distributor or dealer of tires that is not owned or
controlled by a manufacturer of tires to electronically
transmit the records described in clauses (i), (ii), and
(iii) of subparagraph (A) to the manufacturer of the
tires or the designee of the manufacturer by secure
means at no cost to tire purchasers or lessors.

[[Page 1716]]

``(C) Satisfaction of requirements.--A regulation
promulgated under subparagraph (A) may be considered to
satisfy the requirements of paragraph (2)(B).''.
SEC. 24334. TIRE IDENTIFICATION STUDY AND REPORT.

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

(b) Report.--The Secretary shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Energy and Commerce of the House of Representatives a report on the
results of the study required by paragraph (1).
SEC. 24335. <> TIRE RECALL DATABASE.

(a) In General.--The Secretary shall establish a publicly available
and searchable electronic database of tire recall information that is
reported to the Administrator of the National Highway Traffic Safety
Administration.
(b) Tire Identification Number.--The database established under
subsection (a) shall be searchable by Tire Identification Number (TIN)
and any other criteria that assists consumers in determining whether a
tire is subject to a recall.

PART IV--ALTERNATIVE FUEL VEHICLES

SEC. 24341. REGULATORY PARITY FOR NATURAL GAS VEHICLES.

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

PART V-- <> MOTOR VEHICLE
SAFETY WHISTLEBLOWER ACT
SEC. 24351. <> SHORT TITLE.

This part may be cited as the ``Motor Vehicle Safety Whistleblower
Act''.
SEC. 24352. MOTOR VEHICLE SAFETY WHISTLEBLOWER INCENTIVES AND
PROTECTIONS.

(a) In General.--Subchapter IV of chapter 301 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 30172. <> Whistleblower
incentives and protections

``(a) Definitions.--In this section:
``(1) Covered action.--The term `covered action' means any
administrative or judicial action, including any related
administrative or judicial action, brought by the Secretary or
the Attorney General under this chapter that in the aggregate
results in monetary sanctions exceeding $1,000,000.

[[Page 1717]]

``(2) Monetary sanctions.--The term `monetary sanctions'
means monies, including penalties and interest, ordered or
agreed to be paid.
``(3) Original information.--The term `original information'
means information that--
``(A) is derived from the independent knowledge or
analysis of an individual;
``(B) is not known to the Secretary from any other
source, unless the individual is the original source of
the information; and
``(C) is not exclusively derived from an allegation
made in a judicial or an administrative action, in a
governmental report, a hearing, an audit, or an
investigation, or from the news media, unless the
individual is a source of the information.
``(4) Part supplier.--The term `part supplier' means a
manufacturer of motor vehicle equipment.
``(5) Successful resolution.--The term `successful
resolution', with respect to a covered action, includes any
settlement or adjudication of the covered action.
``(6) Whistleblower.--The term `whistleblower' means any
employee or contractor of a motor vehicle manufacturer, part
supplier, or dealership who voluntarily provides to the
Secretary original information relating to any motor vehicle
defect, noncompliance, or any violation or alleged violation of
any notification or reporting requirement of this chapter, which
is likely to cause unreasonable risk of death or serious
physical injury.

``(b) Awards.--
``(1) In general.--If the original information that a
whistleblower provided to the Secretary leads to the successful
resolution of a covered action, the Secretary, subject to
subsection (c), may pay an award or awards to one or more
whistleblowers in an aggregate amount of--
``(A) not less than 10 percent, in total, of
collected monetary sanctions; and
``(B) not more than 30 percent, in total, of
collected monetary sanctions.
``(2) Payment of awards.--Any amount payable under paragraph
(1) shall be paid from the monetary sanctions collected, and any
monetary sanctions so collected shall be available for such
payment.

``(c) Determination of Awards; Denial of Awards.--
``(1) Determination of awards.--
``(A) Discretion.--The determination of whether, to
whom, or in what amount to make an award shall be in the
discretion of the Secretary subject to the provisions in
subsection (b)(1).
``(B) Criteria.--In determining an award made under
subsection (b), the Secretary shall take into
consideration--
``(i) if appropriate, whether a whistleblower
reported or attempted to report the information
internally to an applicable motor vehicle
manufacturer, part supplier, or dealership;
``(ii) the significance of the original
information provided by the whistleblower to the
successful resolution of the covered action;

[[Page 1718]]

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

``(d) Representation.--A whistleblower may be represented by
counsel.
``(e) No Contract Necessary.--No contract with the Secretary is
necessary for any whistleblower to receive an award under subsection
(b).
``(f) Protection of Whistleblowers; Confidentiality.--
``(1) In general.--Notwithstanding section 30167, and except
as provided in paragraphs (4) and (5) of this subsection, the
Secretary, and any officer or employee of the Department of
Transportation, shall not disclose any information, including
information provided by a whistleblower to the Secretary, which
could reasonably be expected to reveal the identity of a
whistleblower, except in accordance with the provisions of
section 552a of title 5, unless--
``(A) required to be disclosed to a defendant or
respondent in connection with a public proceeding

[[Page 1719]]

instituted by the Secretary or any entity described in
paragraph (5);
``(B) the whistleblower provides prior written
consent for the information to be disclosed; or
``(C) the Secretary, or other officer or employee of
the Department of Transportation, receives the
information through another source, such as during an
inspection or investigation under section 30166, and has
authority under other law to release the information.
``(2) Redaction.--The Secretary, and any officer or employee
of the Department of Transportation, shall take reasonable
measures to not reveal the identity of the whistleblower when
disclosing any information under paragraph (1).
``(3) Section 552(b)(3)(b).--For purposes of section 552 of
title 5, paragraph (1) of this subsection shall be considered a
statute described in subsection (b)(3)(B) of that section.
``(4) Effect.--Nothing in this subsection is intended to
limit the ability of the Attorney General to present such
evidence to a grand jury or to share such evidence with
potential witnesses or defendants in the course of an ongoing
criminal investigation.
``(5) Availability to government agencies.--
``(A) In general.--Without the loss of its status as
confidential in the hands of the Secretary, all
information referred to in paragraph (1) may, in the
discretion of the Secretary, when determined by the
Secretary to be necessary or appropriate to accomplish
the purposes of this chapter and in accordance with
subparagraph (B), be made available to the following:
``(i) The Department of Justice.
``(ii) An appropriate department or agency of
the Federal Government, acting within the scope of
its jurisdiction.
``(B) Maintenance of information.--Each entity
described in subparagraph (A) shall maintain information
described in that subparagraph as confidential, in
accordance with the requirements in paragraph (1).

``(g) Provision of False Information.--A whistleblower who knowingly
and intentionally makes any false, fictitious, or fraudulent statement
or representation, or who makes or uses any false writing or document
knowing the same to contain any false, fictitious, or fraudulent
statement or entry, shall not be entitled to an award under this section
and shall be subject to prosecution under section 1001 of title 18.
``(h) Appeals.--
``(1) In general.--Any determination made under this
section, including whether, to whom, or in what amount to make
an award, shall be in the discretion of the Secretary.
``(2) Appeals.--Any determination made by the Secretary
under this section may be appealed by a whistleblower to the
appropriate court of appeals of the United States not later than
30 days after the determination is issued by the Secretary.
``(3) Review.--The court shall review the determination made
by the Secretary in accordance with section 706 of title 5.

[[Page 1720]]

``(i) Regulation.--Not later than 18 months after the date of
enactment of this section, the Secretary shall promulgate regulations on
the requirements of this section, consistent with this section.''.
(b) <> Rule of Construction.--
(1) Original information.--Information submitted to the
Secretary of Transportation by a whistleblower in accordance
with the requirements of section 30172 of title 49, United
States Code, shall not lose its status as original information
solely because the whistleblower submitted the information prior
to the effective date of the regulations issued under subsection
(i) of that section if that information was submitted after the
date of enactment of this Act.
(2) Awards.--A whistleblower may receive an award under
section 30172 of title 49, United States Code, regardless of
whether the violation underlying the covered action occurred
prior to the date of enactment of this Act, and may receive an
award prior to the Secretary of Transportation promulgating the
regulations under subsection (i) of that section.

(c) Conforming Amendments.--The table of contents of subchapter IV
of chapter 301 of title 49, United States Code, <> is amended by adding at the end the following:

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

Subtitle D--Additional Motor Vehicle Provisions

SEC. 24401. <> REQUIRED REPORTING OF NHTSA
AGENDA.

Not later than December 1 of the year beginning after the date of
enactment of this Act, and each year thereafter, the Administrator of
the National Highway Traffic Safety Administration shall publish on the
public website of the Administration, and file with the Committees on
Energy and Commerce and Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate an annual plan for the following calendar
year detailing the Administration's projected activities, including--
(1) the Administrator's policy priorities;
(2) any rulemakings projected to be commenced;
(3) any plans to develop guidelines;
(4) any plans to restructure the Administration or to
establish or alter working groups;
(5) any planned projects or initiatives of the
Administration, including the working groups and advisory
committees of the Administration; and
(6) any projected dates or timetables associated with any of
the items described in paragraphs (1) through (5).
SEC. 24402. APPLICATION OF REMEDIES FOR DEFECTS AND NONCOMPLIANCE.

Section 30120(g)(1) of title 49, United States Code, is amended by
striking ``10 calendar years'' and inserting ``15 calendar years''.
SEC. 24403. <> RETENTION OF SAFETY
RECORDS BY MANUFACTURERS.

(a) Rule.--Not later than 18 months after the date of enactment of
this Act, the Secretary of Transportation shall issue a

[[Page 1721]]

final rule pursuant to section 30117 of title 49, United States Code,
requiring each manufacturer of motor vehicles or motor vehicle equipment
to retain all motor vehicle safety records required to be maintained by
manufacturers under section 576.6 of title 49, Code of Federal
Regulations, for a period of not less than 10 calendar years from the
date on which they were generated or acquired by the manufacturer.
(b) Application.--The rule required by subsection (a) shall apply
with respect to any record described in such subsection that is in the
possession of a manufacturer on the effective date of such rule.
SEC. 24404. NONAPPLICATION OF PROHIBITIONS RELATING TO
NONCOMPLYING MOTOR VEHICLES TO
VEHICLES USED FOR TESTING OR
EVALUATION.

Section 30112(b) of title 49, United States Code, is amended--
(1) in paragraph (8), by striking ``; or'' and inserting a
semicolon;
(2) in paragraph (9), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(10) the introduction of a motor vehicle in interstate
commerce solely for purposes of testing or evaluation by a
manufacturer that agrees not to sell or offer for sale the motor
vehicle at the conclusion of the testing or evaluation and that
prior to the date of enactment of this paragraph--
``(A) has manufactured and distributed motor
vehicles into the United States that are certified to
comply with all applicable Federal motor vehicle safety
standards;
``(B) has submitted to the Secretary appropriate
manufacturer identification information under part 566
of title 49, Code of Federal Regulations; and
``(C) if applicable, has identified an agent for
service of process in accordance with part 551 of such
title.''.
SEC. 24405. TREATMENT OF LOW-VOLUME MANUFACTURERS.

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

``(b) Exemption for Low-volume Manufacturers.--
``(1) In general.--The Secretary shall--
``(A) exempt from section 30112(a) of this title not
more than 325 replica motor vehicles per year that are
manufactured or imported by a low-volume manufacturer;
and
``(B) except as provided in paragraph (4) of this
subsection, limit any such exemption to the Federal
Motor Vehicle Safety Standards applicable to motor
vehicles and not motor vehicle equipment.
``(2) Registration requirement.--To qualify for an exemption
under paragraph (1), a low-volume manufacturer shall register
with the Secretary at such time, in such manner, and under such
terms that the Secretary determines appropriate. The Secretary
shall establish terms that ensure that no person may register as
a low-volume manufacturer if the

[[Page 1722]]

person is registered as an importer under section 30141 of this
title.
``(3) Permanent label requirement.--
``(A) In general.--The Secretary shall require a
low-volume manufacturer to affix a permanent label to a
motor vehicle exempted under paragraph (1) that
identifies the specified standards and regulations for
which such vehicle is exempt from section 30112(a),
states that the vehicle is a replica, and designates the
model year such vehicle replicates.
``(B) Written notice.--The Secretary may require a
low-volume manufacturer of a motor vehicle exempted
under paragraph (1) to deliver written notice of the
exemption to--
``(i) the dealer; and
``(ii) the first purchaser of the motor
vehicle, if the first purchaser is not an
individual that purchases the motor vehicle for
resale.
``(C) Reporting requirement.--A low-volume
manufacturer shall annually submit a report to the
Secretary including the number and description of the
motor vehicles exempted under paragraph (1) and a list
of the exemptions described on the label affixed under
subparagraph (A).
``(4) Effect on other provisions.--Any motor vehicle
exempted under this subsection shall also be exempted from
sections 32304, 32502, and 32902 of this title and from section
3 of the Automobile Information Disclosure Act (15 U.S.C. 1232).
``(5) Limitation and public notice.--The Secretary shall
have 90 days to review and approve or deny a registration
submitted under paragraph (2). If the Secretary determines that
any such registration submitted is incomplete, the Secretary
shall have an additional 30 days for review. Any registration
not approved or denied within 90 days after initial submission,
or 120 days if the registration submitted is incomplete, shall
be deemed approved. The Secretary shall have the authority to
revoke an existing registration based on a failure to comply
with requirements set forth in this subsection or a finding by
the Secretary of a safety-related defect or unlawful conduct
under this chapter that poses a significant safety risk. The
registrant shall be provided a reasonable opportunity to correct
all deficiencies, if such are correctable based on the sole
discretion of the Secretary. An exemption granted by the
Secretary to a low-volume manufacturer under this subsection may
not be transferred to any other person, and shall expire at the
end of the calendar year for which it was granted with respect
to any volume authorized by the exemption that was not applied
by the low-volume manufacturer to vehicles built during that
calendar year. The Secretary shall maintain an up-to-date list
of registrants and a list of the make and model of motor
vehicles exempted under paragraph (1) on at least an annual
basis and publish such list in the Federal Register or on a
website operated by the Secretary.
``(6) Limitation of liability for original manufacturers,
licensors or owners of product configuration, trade dress, or
design patents.--The original manufacturer, its successor or
assignee, or current owner, who grants a license

[[Page 1723]]

or otherwise transfers rights to a low-volume manufacturer shall
incur no liability to any person or entity under Federal or
State statute, regulation, local ordinance, or under any Federal
or State common law for such license or assignment to a low-
volume manufacturer.
``(7) Definitions.--In this subsection:
``(A) Low-volume manufacturer.--The term `low-volume
manufacturer' means a motor vehicle manufacturer, other
than a person who is registered as an importer under
section 30141 of this title, whose annual worldwide
production, including by a parent or subsidiary of the
manufacturer, if applicable, is not more than 5,000
motor vehicles.
``(B) Replica motor vehicle.--The term `replica
motor vehicle' means a motor vehicle produced by a low-
volume manufacturer and that--
``(i) is intended to resemble the body of
another motor vehicle that was manufactured not
less than 25 years before the manufacture of the
replica motor vehicle; and
``(ii) is manufactured under a license for the
product configuration, trade dress, trademark, or
patent, for the motor vehicle that is intended to
be replicated from the original manufacturer, its
successors or assignees, or current owner of such
product configuration, trade dress, trademark, or
patent rights.
``(8) Construction.--Except as provided in paragraphs (1)
and (4), a registrant shall be considered a motor vehicle
manufacturer for purposes of parts A and C of subtitle VI of
this title. Nothing shall be construed to exempt a registrant
from complying with the requirements under sections 30116
through 30120A of this title if the motor vehicle excepted under
paragraph (1) contains a defect related to motor vehicle safety.
``(9) State registration.--Nothing in this subsection shall
be construed to preempt, affect, or supersede any State titling
or registration law or regulation for a replica motor vehicle,
or exempt a person from complying with such law or
regulation.''.

(b) Vehicle Emission Compliance Standards for Low-volume Motor
Vehicle Manufacturers.--Section 206(a) of the Clean Air Act (42 U.S.C.
7525(a)) is amended by adding at the end the following new paragraph:
``(5)(A) A motor vehicle engine (including all engine
emission controls) may be installed in an exempted specially
produced motor vehicle if the motor vehicle engine is from a
motor vehicle that is covered by a certificate of conformity
issued by the Administrator for the model year in which the
exempted specially produced motor vehicle is produced, or the
motor vehicle engine is covered by an Executive order subject to
regulations promulgated by the California Air Resources Board
for the model year in which the exempted specially produced
motor vehicle is produced, and--
``(i) the manufacturer of the engine supplies
written instructions to the Administrator and the
manufacturer of the exempted specially produced
motor vehicle explaining how to install the engine
and maintain functionality of the engine's
emission control system

[[Page 1724]]

and the on-board diagnostic system (commonly known
as `OBD'), except with respect to evaporative
emissions;
``(ii) the manufacturer of the exempted
specially produced motor vehicle installs the
engine in accordance with such instructions and
certifies such installation in accordance with
subparagraph (E);
``(iii) the installation instructions include
emission control warranty information from the
engine manufacturer in compliance with section
207, including where warranty repairs can be made,
emission control labels to be affixed to the
vehicle, and the certificate of conformity number
for the applicable vehicle in which the engine was
originally intended or the applicable Executive
order number for the engine; and
``(iv) the manufacturer of the exempted
specially produced motor vehicle does not produce
more than 325 such vehicles in the calendar year
in which the vehicle is produced.
``(B) A motor vehicle containing an engine compliant
with the requirements of subparagraph (A) shall be
treated as meeting the requirements of section 202
applicable to new vehicles produced or imported in the
model year in which the exempted specially produced
motor vehicle is produced or imported.
``(C) Engine installations that are not performed in
accordance with installation instructions provided by
the manufacturer and alterations to the engine not in
accordance with the installation instructions shall--
``(i) be treated as prohibited acts by the
installer under section 203 and any applicable
regulations; and
``(ii) subject to civil penalties under
section 205(a), civil actions under section
205(b), and administrative assessment of penalties
under section 205(c).
``(D) The manufacturer of an exempted specially
produced motor vehicle that has an engine compliant with
the requirements of subparagraph (A) shall provide to
the purchaser of such vehicle all information received
by the manufacturer from the engine manufacturer,
including information regarding emissions warranties
from the engine manufacturer and all emissions-related
recalls by the engine manufacturer.
``(E) To qualify to install an engine under this
paragraph, and sell, offer for sale, introduce into
commerce, deliver for introduction into commerce or
import an exempted specially produced motor vehicle, a
manufacturer of exempted specially produced motor
vehicles shall register with the Administrator at such
time and in such manner as the Administrator determines
appropriate. The manufacturer shall submit an annual
report to the Administrator that includes--
``(i) a description of the exempted specially
produced motor vehicles and engines installed in
such vehicles;
``(ii) the certificate of conformity number
issued to the motor vehicle in which the engine
was originally intended or the applicable
Executive order number for the engine; and

[[Page 1725]]

``(iii) a certification that it produced all
exempted specially produced motor vehicles
according to the written instructions from the
engine manufacturer, and otherwise that the engine
conforms in all material respects to the
description in the application for the applicable
certificate of conformity or Executive order.
``(F) Exempted specially produced motor vehicles
compliant with this paragraph shall be exempted from--
``(i) motor vehicle certification testing
under this section; and
``(ii) vehicle emission control inspection and
maintenance programs required under section 110.
``(G)(i) Except as provided in subparagraphs (A)
through (F), a person engaged in the manufacturing or
assembling of exempted specially produced motor vehicles
shall be considered a manufacturer for purposes of this
Act.
``(ii) Nothing in this paragraph shall be construed
to exempt any person from the prohibitions in section
203(a)(3) or the requirements in sections 208, 206(c),
or 202(m)(5).
``(H) In this paragraph:
``(i) The term `exempted specially produced
motor vehicle' means a light-duty vehicle or
light-duty truck produced by a low-volume
manufacturer and that--
``(I) is intended to resemble the
body of another motor vehicle that was
manufactured not less than 25 years
before the manufacture of the exempted
specially produced motor vehicle; and
``(II) is manufactured under a
license for the product configuration,
trade dress, trademark, or patent, for
the motor vehicle that is intended to be
replicated from the original
manufacturer, its successors or
assignees, or current owner of such
product configuration, trade dress,
trademark, or patent rights.
``(ii) The term `low-volume manufacturer'
means a motor vehicle manufacturer, other than a
person who is registered as an importer under
section 30141 of title 49, United States Code,
whose annual worldwide production, including by a
parent or subsidiary of the manufacturer, if
applicable, is not more than 5,000 motor
vehicles.''.

(c) <> Implementation.--Not later than 12
months after the date of enactment of this Act, the Secretary of
Transportation and the Administrator of the Environmental Protection
Agency shall issue such regulations as may be necessary to implement the
amendments made by subsections (a) and (b), respectively.
SEC. 24406. MOTOR VEHICLE SAFETY GUIDELINES.

Section 30111 of title 49, United States Code, is amended by adding
at the end the following new subsection:
``(f) Motor Vehicle Safety Guidelines.--
``(1) In general.--No guidelines issued by the Secretary
with respect to motor vehicle safety shall confer any rights on
any person, State, or locality, nor shall operate to bind the
Secretary or any person to the approach recommended

[[Page 1726]]

in such guidelines. In any enforcement action with respect to
motor vehicle safety, the Secretary shall allege a violation of
a provision of this subtitle, a motor vehicle safety standard
issued under this subtitle, or another relevant statute or
regulation. The Secretary may not base an enforcement action on,
or execute a consent order based on, practices that are alleged
to be inconsistent with any such guidelines, unless the
practices allegedly violate a provision of this subtitle, a
motor vehicle safety standard issued under this subtitle, or
another relevant statute or regulation.
``(2) Rule of construction.--Nothing in this subsection
shall be construed to confer any authority upon or negate any
authority of the Secretary to issue guidelines under this
chapter.''.
SEC. 24407. <> IMPROVEMENT OF DATA
COLLECTION ON CHILD OCCUPANTS IN
VEHICLE CRASHES.

(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall revise the crash investigation data
collection system of the National Highway Traffic Safety Administration
to include the collection of the following data in connection with
vehicle crashes whenever a child restraint system was in use in a
vehicle involved in a crash:
(1) The type or types of child restraint systems in use
during the crash in any vehicle involved in the crash, including
whether a five-point harness or belt-positioning booster.
(2) If a five-point harness child restraint system was in
use during the crash, whether the child restraint system was
forward-facing or rear-facing in the vehicle concerned.

(b) Consultation.--In implementing subsection (a), the Secretary
shall work with law enforcement officials, safety advocates, the medical
community, and research organizations to improve the recordation of data
described in subsection (a) in police and other applicable incident
reports.
(c) Report.--Not later than 3 years after the date of enactment of
this Act, the Secretary shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report on child occupant
crash data collection in the crash investigation data collection system
of the National Highway Traffic Safety Administration pursuant to the
revision required by subsection (a).

DIVISION C--FINANCE

TITLE XXXI--HIGHWAY TRUST FUND AND RELATED TAXES

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

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

(a) Highway Trust Fund.--Section 9503 of the Internal Revenue Code
of 1986 <> is amended--

[[Page 1727]]

(1) by striking ``December 5, 2015'' in subsections
(b)(6)(B), (c)(1), and (e)(3) and inserting ``October 1, 2020'',
and
(2) by striking ``Surface Transportation Extension Act of
2015, Part II'' in subsections (c)(1) and (e)(3) and inserting
``FAST Act''.

(b) Sport Fish Restoration and Boating Trust Fund.--Section 9504 of
such Code <>  is amended--
(1) by striking ``Surface Transportation Extension Act of
2015, Part II'' each place it appears in subsection (b)(2) and
inserting ``FAST Act'', and
(2) by striking ``December 5, 2015'' in subsection (d)(2)
and inserting ``October 1, 2020''.

(c) Leaking Underground Storage Tank Trust Fund.--Section 9508(e)(2)
of such Code <>  is amended by striking ``December
5, 2015'' and inserting ``October 1, 2020''.
SEC. 31102. EXTENSION OF HIGHWAY-RELATED TAXES.

(a) In General.--
(1) Each of the following provisions of the Internal Revenue
Code of 1986 is amended by striking ``September 30, 2016'' and
inserting ``September 30, 2022'':
(A) <> Section
4041(a)(1)(C)(iii)(I).
(B) Section 4041(m)(1)(B).
(C) <> Section 4081(d)(1).
(2) Each of the following provisions of such Code is amended
by striking ``October 1, 2016'' and inserting ``October 1,
2022'':
(A) Section 4041(m)(1)(A).
(B) <> Section 4051(c).
(C) <> Section 4071(d).
(D) Section 4081(d)(3).

(b) Extension of Tax, Etc., on Use of Certain Heavy Vehicles.--Each
of the following provisions of the Internal Revenue Code of 1986 is
amended by striking ``2017'' each place it appears and inserting
``2023'':
(1) <> Section 4481(f).
(2) <> Subsections (c)(4) and (d) of
section 4482.

(c) Floor Stocks Refunds.--Section 6412(a)(1) of the Internal
Revenue Code of 1986 <> is amended--
(1) by striking ``October 1, 2016'' each place it appears
and inserting ``October 1, 2022'';
(2) by striking ``March 31, 2017'' each place it appears and
inserting ``March 31, 2023''; and
(3) by striking ``January 1, 2017'' and inserting ``January
1, 2023''.

(d) Extension of Certain Exemptions.--
(1) <> Section 4221(a) of the Internal
Revenue Code of 1986 is amended by striking ``October 1, 2016''
and inserting ``October 1, 2022''.
(2) Section 4483(i) of such Code <>  is
amended by striking ``October 1, 2017'' and inserting ``October
1, 2023''.

(e) Extension of Transfers of Certain Taxes.--
(1) In general.--Section 9503 of the Internal Revenue Code
of 1986 <> is amended--
(A) in subsection (b)--
(i) by striking ``October 1, 2016'' each place
it appears in paragraphs (1) and (2) and inserting
``October 1, 2022'';

[[Page 1728]]

(ii) by striking ``October 1, 2016'' in the
heading of paragraph (2) and inserting ``October
1, 2022'';
(iii) by striking ``September 30, 2016'' in
paragraph (2) and inserting ``September 30,
2022''; and
(iv) by striking ``July 1, 2017'' in paragraph
(2) and inserting ``July 1, 2023''; and
(B) in subsection (c)(2), by striking ``July 1,
2017'' and inserting ``July 1, 2023''.
(2) Motorboat and small-engine fuel tax transfers.--
(A) In general.--Paragraphs (3)(A)(i) and (4)(A) of
section 9503(c) of such Code <> are
each amended by striking ``October 1, 2016'' and
inserting ``October 1, 2022''.
(B) Conforming amendments to land and water
conservation fund.--Section 200310 of title 54, United
States Code, <> is amended--
(i) by striking ``October 1, 2017'' each place
it appears and inserting ``October 1, 2023''; and
(ii) by striking ``October 1, 2016'' and
inserting ``October 1, 2022''.

(f) <> Effective Date.--The amendments made
by this section shall take effect on October 1, 2016.

Subtitle B--Additional Transfers to Highway Trust Fund

SEC. 31201. FURTHER ADDITIONAL TRANSFERS TO TRUST FUND.

Subsection (f) of section 9503 of the Internal Revenue Code of 1986
is amended by redesignating paragraph (8) as paragraph (10) and
inserting after paragraph (7) the following new paragraphs:
``(8) Further transfers to trust fund.--Out of money in the
Treasury not otherwise appropriated, there is hereby
appropriated--
``(A) $51,900,000,000 to the Highway Account (as
defined in subsection (e)(5)(B)) in the Highway Trust
Fund; and
``(B) $18,100,000,000 to the Mass Transit Account in
the Highway Trust Fund.
``(9) Additional increase in fund balance.--There is hereby
transferred to the Highway Account (as defined in subsection
(e)(5)(B)) in the Highway Trust Fund amounts appropriated from
the Leaking Underground Storage Tank Trust Fund under section
9508(c)(4).''.
SEC. 31202. TRANSFER TO HIGHWAY TRUST FUND OF CERTAIN MOTOR
VEHICLE SAFETY PENALTIES.

(a) In General.--Paragraph (5) of section 9503(b) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``There are hereby'' and inserting the
following:
``(A) In general.--There are hereby'', and
(2) by adding at the end the following new paragraph:
``(B) Penalties related to motor vehicle safety.--
``(i) In general.--There are hereby
appropriated to the Highway Trust Fund amounts
equivalent to covered motor vehicle safety penalty
collections.

[[Page 1729]]

``(ii) Covered motor vehicle safety penalty
collections.--For purposes of this subparagraph,
the term `covered motor vehicle safety penalty
collections' means any amount collected in
connection with a civil penalty under section
30165 of title 49, United States Code, reduced by
any award authorized by the Secretary of
Transportation to be paid to any person in
connection with information provided by such
person related to a violation of chapter 301 of
such title which is a predicate to such civil
penalty.''.

(b) <> Effective Date.--The amendments made
by this section shall apply to amounts collected after the date of the
enactment of this Act.
SEC. 31203. APPROPRIATION FROM LEAKING UNDERGROUND STORAGE TANK
TRUST FUND.

(a) In General.--Subsection (c) of section 9508 of the Internal
Revenue Code of 1986 <> is amended by adding at the
end the following new paragraph:
``(4) Additional transfer to highway trust fund.--Out of
amounts in the Leaking Underground Storage Tank Trust Fund there
is hereby appropriated--
``(A) on the date of the enactment of the FAST Act,
$100,000,000,
``(B) on October 1, 2016, $100,000,000, and
``(C) on October 1, 2017, $100,000,000,
to be transferred under section 9503(f)(9) to the Highway
Account (as defined in section 9503(e)(5)(B)) in the Highway
Trust Fund.''.

(b) Conforming Amendment.--Section 9508(c)(1) of the Internal
Revenue Code of 1986 is amended by striking ``paragraphs (2) and (3)''
and inserting ``paragraphs (2), (3), and (4)''.

TITLE XXXII--OFFSETS

Subtitle A--Tax Provisions

SEC. 32101. <> REVOCATION OR DENIAL OF
PASSPORT IN CASE OF CERTAIN UNPAID
TAXES.

(a) In General.--Subchapter D of chapter 75 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new section:
``SEC. 7345. <> REVOCATION OR DENIAL OF
PASSPORT IN CASE OF CERTAIN TAX
DELINQUENCIES.

``(a) In General.--If the Secretary receives certification by the
Commissioner of Internal Revenue that an individual has a seriously
delinquent tax debt, the Secretary shall transmit such certification to
the Secretary of State for action with respect to denial, revocation, or
limitation of a passport pursuant to section 32101 of the FAST Act.
``(b) Seriously Delinquent Tax Debt.--
``(1) In general.--For purposes of this section, the term
`seriously delinquent tax debt' means an unpaid, legally
enforceable Federal tax liability of an individual--
``(A) which has been assessed,

[[Page 1730]]

``(B) which is greater than $50,000, and
``(C) with respect to which--
``(i) a notice of lien has been filed pursuant
to section 6323 and the administrative rights
under section 6320 with respect to such filing
have been exhausted or have lapsed, or
``(ii) a levy is made pursuant to section
6331.
``(2) Exceptions.--Such term shall not include--
``(A) a debt that is being paid in a timely manner
pursuant to an agreement to which the individual is
party under section 6159 or 7122, and
``(B) a debt with respect to which collection is
suspended with respect to the individual--
``(i) because a due process hearing under
section 6330 is requested or pending, or
``(ii) because an election under subsection
(b) or (c) of section 6015 is made or relief under
subsection (f) of such section is requested.

``(c) Reversal of Certification.--
``(1) In general.--In the case of an individual with respect
to whom the Commissioner makes a certification under subsection
(a), the Commissioner shall notify the Secretary (and the
Secretary shall subsequently notify the Secretary of State) if
such certification is found to be erroneous or if the debt with
respect to such certification is fully satisfied or ceases to be
a seriously delinquent tax debt by reason of subsection (b)(2).
``(2) Timing of notice.--
``(A) Full satisfaction of debt.--In the case of a
debt that has been fully satisfied or has become legally
unenforceable, such notification shall be made not later
than the date required for issuing the certificate of
release of lien with respect to such debt under section
6325(a).
``(B) Innocent spouse relief.--In the case of an
individual who makes an election under subsection (b) or
(c) of section 6015, or requests relief under subsection
(f) of such section, such notification shall be made not
later than 30 days after any such election or request.
``(C) Installment agreement or offer-in-
compromise.--In the case of an installment agreement
under section 6159 or an offer-in-compromise under
section 7122, such notification shall be made not later
than 30 days after such agreement is entered into or
such offer is accepted by the Secretary.
``(D) Erroneous certification.--In the case of a
certification found to be erroneous, such notification
shall be made as soon as practicable after such finding.

``(d) Contemporaneous Notice to Individual.--The Commissioner shall
contemporaneously notify an individual of any certification under
subsection (a), or any reversal of certification under subsection (c),
with respect to such individual. Such notice shall include a description
in simple and nontechnical terms of the right to bring a civil action
under subsection (e).
``(e) Judicial Review of Certification.--
``(1) In general.--After the Commissioner notifies an
individual under subsection (d), the taxpayer may bring a civil
action against the United States in a district court of the

[[Page 1731]]

United States or the Tax Court to determine whether the
certification was erroneous or whether the Commissioner has
failed to reverse the certification.
``(2) Determination.--If the court determines that such
certification was erroneous, then the court may order the
Secretary to notify the Secretary of State that such
certification was erroneous.

``(f) Adjustment for Inflation.--In the case of a calendar year
beginning after 2016, the dollar amount in subsection (a) shall be
increased by an amount equal to--
``(1) such dollar amount, multiplied by
``(2) the cost-of-living adjustment determined under section
1(f)(3) for the calendar year, determined by substituting
`calendar year 2015' for `calendar year 1992' in subparagraph
(B) thereof.

If any amount as adjusted under the preceding sentence is not a multiple
of $1,000, such amount shall be rounded to the nearest multiple of
$1,000.
``(g) Delegation of Certification.--A certification under subsection
(a) or reversal of certification under subsection (c) may only be
delegated by the Commissioner of Internal Revenue to the Deputy
Commissioner for Services and Enforcement, or the Commissioner of an
operating division, of the Internal Revenue Service.''.
(b) Information Included in Notice of Lien and Levy.--
(1) Notice of lien.--Section 6320(a)(3) of such
Code <> is amended by striking ``and'' at
the end of subparagraph (C), by striking the period at the end
of subparagraph (D) and inserting ``; and'', and by adding at
the end the following new subparagraph:
``(E) the provisions of section 7345 relating to the
certification of seriously delinquent tax debts and the
denial, revocation, or limitation of passports of
individuals with such debts pursuant to section 32101 of
the FAST Act.''.
(2) Notice of levy.--Section 6331(d)(4) of such Code is
amended by striking ``and'' at the end of subparagraph (E), by
striking the period at the end of subparagraph (F) and inserting
``, and'', and by adding at the end the following new
subparagraph:
``(G) the provisions of section 7345 relating to the
certification of seriously delinquent tax debts and the
denial, revocation, or limitation of passports of
individuals with such debts pursuant to section 32101 of
the FAST Act.''.

(c) Authority for Information Sharing.--
(1) In general.--Section 6103(k) of such Code <> is amended by adding at the end the following new
paragraph:
``(11) Disclosure of return information to department of
state for purposes of passport revocation under section 7345.--
``(A) In general.--The Secretary shall, upon
receiving a certification described in section 7345,
disclose to the Secretary of State return information
with respect to a taxpayer who has a seriously
delinquent tax debt described in such section. Such
return information shall be limited to--
``(i) the taxpayer identity information with
respect to such taxpayer, and

[[Page 1732]]

``(ii) the amount of such seriously delinquent
tax debt.
``(B) Restriction on disclosure.--Return information
disclosed under subparagraph (A) may be used by officers
and employees of the Department of State for the
purposes of, and to the extent necessary in, carrying
out the requirements of section 32101 of the FAST
Act.''.
(2) Conforming amendment.--Paragraph (4) of section 6103(p)
of such Code <> is amended by striking ``or
(10)'' each place it appears in subparagraph (F)(ii) and in the
matter preceding subparagraph (A) and inserting ``, (10), or
(11)''.

(d) Time for Certification of Seriously Delinquent Tax Debt
Postponed by Reason of Service in Combat Zone.--Section 7508(a) of such
Code <> is amended by striking the period at the end
of paragraph (2) and inserting ``; and'' and by adding at the end the
following new paragraph:
``(3) Any certification of a seriously delinquent tax debt
under section 7345.''.

(e) Authority to Deny or Revoke Passport.--
(1) Denial.--
(A) In general.--Except as provided under
subparagraph (B), upon receiving a certification
described in section 7345 of the Internal Revenue Code
of 1986 from the Secretary of the Treasury, the
Secretary of State shall not issue a passport to any
individual who has a seriously delinquent tax debt
described in such section.
(B) Emergency and humanitarian situations.--
Notwithstanding subparagraph (A), the Secretary of State
may issue a passport, in emergency circumstances or for
humanitarian reasons, to an individual described in such
subparagraph.
(2) Revocation.--
(A) In general.--The Secretary of State may revoke a
passport previously issued to any individual described
in paragraph (1)(A).
(B) Limitation for return to united states.--If the
Secretary of State decides to revoke a passport under
subparagraph (A), the Secretary of State, before
revocation, may--
(i) limit a previously issued passport only
for return travel to the United States; or
(ii) issue a limited passport that only
permits return travel to the United States.
(3) Hold harmless.--The Secretary of the Treasury, the
Secretary of State, and any of their designees shall not be
liable to an individual for any action with respect to a
certification by the Commissioner of Internal Revenue under
section 7345 of the Internal Revenue Code of 1986.

(f) Revocation or Denial of Passport in Case of Individual Without
Social Security Account Number.--
(1) Denial.--
(A) In general.--Except as provided under
subparagraph (B), upon receiving an application for a
passport from an individual that either--
(i) does not include the social security
account number issued to that individual, or

[[Page 1733]]

(ii) includes an incorrect or invalid social
security number willfully, intentionally,
negligently, or recklessly provided by such
individual,
the Secretary of State is authorized to deny such
application and is authorized to not issue a passport to
the individual.
(B) Emergency and humanitarian situations.--
Notwithstanding subparagraph (A), the Secretary of State
may issue a passport, in emergency circumstances or for
humanitarian reasons, to an individual described in
subparagraph (A).
(2) Revocation.--
(A) In general.--The Secretary of State may revoke a
passport previously issued to any individual described
in paragraph (1)(A).
(B) Limitation for return to united states.--If the
Secretary of State decides to revoke a passport under
subparagraph (A), the Secretary of State, before
revocation, may--
(i) limit a previously issued passport only
for return travel to the United States; or
(ii) issue a limited passport that only
permits return travel to the United States.

(g) Removal of Certification From Record When Debt Ceases to Be
Seriously Delinquent.--If pursuant to subsection (c) or (e) of section
7345 of the Internal Revenue Code of 1986 the Secretary of State
receives from the Secretary of the Treasury a notice that an individual
ceases to have a seriously delinquent tax debt, the Secretary of State
shall remove from the individual's record the certification with respect
to such debt.
(h) Clerical Amendment.--The table of sections for subchapter D of
chapter 75 of the Internal Revenue Code of 1986 <>  is amended by adding at the end the following new item:

``Sec. 7345. Revocation or denial of passport in case of certain tax
delinquencies.''.

(i) Effective Date.--The provisions of, and amendments made by, this
section shall take effect on the date of the enactment of this Act.
SEC. 32102. REFORM OF RULES RELATING TO QUALIFIED TAX COLLECTION
CONTRACTS.

(a) Requirement To Collect Certain Inactive Tax Receivables Under
Qualified Tax Collection Contracts.--Section 6306 of the Internal
Revenue Code of 1986 <>  is amended by redesignating
subsections (c) through (f) as subsections (d) through (g),
respectively, and by inserting after subsection (b) the following new
subsection:

``(c) Collection of Inactive Tax Receivables.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary shall enter into one or more qualified tax
collection contracts for the collection of all outstanding
inactive tax receivables.
``(2) Inactive tax receivables.--For purposes of this
section--
``(A) In general.--The term `inactive tax
receivable' means any tax receivable if--

[[Page 1734]]

``(i) at any time after assessment, the
Internal Revenue Service removes such receivable
from the active inventory for lack of resources or
inability to locate the taxpayer,
``(ii) more than \1/3\ of the period of the
applicable statute of limitation has lapsed and
such receivable has not been assigned for
collection to any employee of the Internal Revenue
Service, or
``(iii) in the case of a receivable which has
been assigned for collection, more than 365 days
have passed without interaction with the taxpayer
or a third party for purposes of furthering the
collection of such receivable.
``(B) Tax receivable.--The term `tax receivable'
means any outstanding assessment which the Internal
Revenue Service includes in potentially collectible
inventory.''.

(b) Certain Tax Receivables Not Eligible for Collection Under
Qualified Tax Collection Contracts.--Section 6306 of the Internal
Revenue Code of 1986, as amended by subsection (a), is amended by
redesignating subsections (d) through (g) as subsections (e) through
(h), respectively, and by inserting after subsection (c) the following
new subsection:
``(d) Certain Tax Receivables Not Eligible for Collection Under
Qualified Tax Collections Contracts.--A tax receivable shall not be
eligible for collection pursuant to a qualified tax collection contract
if such receivable--
``(1) is subject to a pending or active offer-in-compromise
or installment agreement,
``(2) is classified as an innocent spouse case,
``(3) involves a taxpayer identified by the Secretary as
being--
``(A) deceased,
``(B) under the age of 18,
``(C) in a designated combat zone, or
``(D) a victim of tax-related identity theft,
``(4) is currently under examination, litigation, criminal
investigation, or levy, or
``(5) is currently subject to a proper exercise of a right
of appeal under this title.''.

(c) Contracting Priority.--Section 6306 of the Internal Revenue Code
of 1986, <> as amended by the preceding provisions
of this section, is amended by redesignating subsection (h) as
subsection (i) and by inserting after subsection (g) the following new
subsection:

``(h) Contracting Priority.--In contracting for the services of any
person under this section, the Secretary shall utilize private
collection contractors and debt collection centers on the schedule
required under section 3711(g) of title 31, United States Code,
including the technology and communications infrastructure established
therein, to the extent such private collection contractors and debt
collection centers are appropriate to carry out the purposes of this
section.''.
(d) Disclosure of Return Information.--Section 6103(k) of the
Internal Revenue Code of 1986, <> as amended by
section 32101, is amended by adding at the end the following new
paragraph:
``(12) Qualified tax collection contractors.--Persons
providing services pursuant to a qualified tax collection
contract

[[Page 1735]]

under section 6306 may, if speaking to a person who has
identified himself or herself as having the name of the taxpayer
to which a tax receivable (within the meaning of such section)
relates, identify themselves as contractors of the Internal
Revenue Service and disclose the business name of the
contractor, and the nature, subject, and reason for the contact.
Disclosures under this paragraph shall be made only in such
situations and under such conditions as have been approved by
the Secretary.''.

(e) Taxpayers Affected by Federally Declared Disasters.--Section
6306 of the Internal Revenue Code of 1986, <>  as
amended by the preceding provisions of this section, is amended by
redesignating subsection (i) as subsection (j) and by inserting after
subsection (h) the following new subsection:

``(i) Taxpayers in Presidentially Declared Disaster Areas.--The
Secretary may prescribe procedures under which a taxpayer determined to
be affected by a Federally declared disaster (as defined by section
165(i)(5)) may request--
``(1) relief from immediate collection measures by
contractors under this section, and
``(2) a return of the inactive tax receivable to the
inventory of the Internal Revenue Service to be collected by an
employee thereof.''.

(f) Report to Congress.--
(1) In general.--Section 6306 of the Internal Revenue Code
of 1986, as amended by the preceding provisions of this section,
is amended by redesignating subsection (j) as subsection (k) and
by inserting after subsection (i) the following new subsection:

``(j) Report to Congress.--Not later than 90 days after the last day
of each fiscal year (beginning with the first such fiscal year ending
after the date of the enactment of this subsection), the Secretary shall
submit to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate a report with
respect to qualified tax collection contracts under this section which
shall include--
``(1) annually, with respect to such fiscal year--
``(A) the total number and amount of tax receivables
provided to each contractor for collection under this
section,
``(B) the total amounts collected (and amounts of
installment agreements entered into under subsection
(b)(1)(B)) with respect to each contractor and the
collection costs incurred (directly and indirectly) by
the Internal Revenue Service with respect to such
amounts,
``(C) the impact of such contracts on the total
number and amount of unpaid assessments, and on the
number and amount of assessments collected by Internal
Revenue Service personnel after initial contact by a
contractor,
``(D) the amount of fees retained by the Secretary
under subsection (e) and a description of the use of
such funds, and
``(E) a disclosure safeguard report in a form
similar to that required under section 6103(p)(5), and
``(2) biannually (beginning with the second report submitted
under this subsection)--
``(A) an independent evaluation of contractor
performance, and

[[Page 1736]]

``(B) a measurement plan that includes a comparison
of the best practices used by the private collectors to
the collection techniques used by the Internal Revenue
Service and mechanisms to identify and capture
information on successful collection techniques used by
the contractors that could be adopted by the Internal
Revenue Service.''.
(2) Repeal of existing reporting requirements with respect
to qualified tax collection contracts.--Section 881 of the
American Jobs Creation Act of 2004 <> is amended by striking subsection (e).

(g) Effective Dates.--
(1) <> In general.--The amendments
made by subsections (a) and (b) shall apply to tax receivables
identified by the Secretary after the date of the enactment of
this Act.
(2) <> Contracting priority.--The
Secretary shall begin entering into contracts and agreements as
described in the amendment made by subsection (c) within 3
months after the date of the enactment of this Act.
(3) <> Disclosures.--The amendment
made by subsection (d) shall apply to disclosures made after the
date of the enactment of this Act.
(4) <> Procedures; report to
congress.--The amendments made by subsections (e) and (f) shall
take effect on the date of the enactment of this Act.
SEC. 32103. SPECIAL COMPLIANCE PERSONNEL PROGRAM.

(a) In General.--Subsection (e) of section 6306 of the Internal
Revenue Code of 1986, <> as redesignated by section
52106, is amended by striking ``for collection enforcement activities of
the Internal Revenue Service'' in paragraph (2) and inserting ``to fund
the special compliance personnel program account under section 6307''.

(b) Special Compliance Personnel Program Account.--Subchapter A of
chapter 64 of the Internal Revenue Code of 1986 is amended by adding at
the end the following new section:
``SEC. 6307. <> SPECIAL COMPLIANCE PERSONNEL
PROGRAM ACCOUNT.

``(a) Establishment of a Special Compliance Personnel Program
Account.--The Secretary shall establish an account within the Department
for carrying out a program consisting of the hiring, training, and
employment of special compliance personnel, and shall transfer to such
account from time to time amounts retained by the Secretary under
section 6306(e)(2).
``(b) Restrictions.--The program described in subsection (a) shall
be subject to the following restrictions:
``(1) No funds shall be transferred to such account except
as described in subsection (a).
``(2) No other funds from any other source shall be expended
for special compliance personnel employed under such program,
and no funds from such account shall be expended for the hiring
of any personnel other than special compliance personnel.
``(3) Notwithstanding any other authority, the Secretary is
prohibited from spending funds out of such account for any
purpose other than for costs under such program associated with
the employment of special compliance personnel and the
retraining and reassignment of current noncollections personnel
as special compliance personnel, and to reimburse the Internal
Revenue Service or other government agencies for the cost

[[Page 1737]]

of administering qualified tax collection contracts under
section 6306.

``(c) Reporting.--Not later than March of each year, the
Commissioner of Internal Revenue shall submit a report to the Committees
on Finance and Appropriations of the Senate and the Committees on Ways
and Means and Appropriations of the House of Representatives consisting
of the following:
``(1) For the preceding fiscal year, all funds received in
the account established under subsection (a), administrative and
program costs for the program described in such subsection, the
number of special compliance personnel hired and employed under
the program, and the amount of revenue actually collected by
such personnel.
``(2) For the current fiscal year, all actual and estimated
funds received or to be received in the account, all actual and
estimated administrative and program costs, the number of all
actual and estimated special compliance personnel hired and
employed under the program, and the actual and estimated revenue
actually collected or to be collected by such personnel.
``(3) For the following fiscal year, an estimate of all
funds to be received in the account, all estimated
administrative and program costs, the estimated number of
special compliance personnel hired and employed under the
program, and the estimated revenue to be collected by such
personnel.

``(d) Definitions.--For purposes of this section--
``(1) Special compliance personnel.--The term `special
compliance personnel' means individuals employed by the Internal
Revenue Service as field function collection officers or in a
similar position, or employed to collect taxes using the
automated collection system or an equivalent replacement system.
``(2) Program costs.--The term `program costs' means--
``(A) total salaries (including locality pay and
bonuses), benefits, and employment taxes for special
compliance personnel employed or trained under the
program described in subsection (a), and
``(B) direct overhead costs, salaries, benefits, and
employment taxes relating to support staff, rental
payments, office equipment and furniture, travel, data
processing services, vehicle costs, utilities,
telecommunications, postage, printing and reproduction,
supplies and materials, lands and structures, insurance
claims, and indemnities for special compliance personnel
hired and employed under this section.
For purposes of subparagraph (B), the cost of management and
supervision of special compliance personnel shall be taken into
account as direct overhead costs to the extent such costs, when
included in total program costs under this paragraph, do not
represent more than 10 percent of such total costs.''.

(c) Clerical Amendment.--The table of sections for subchapter A of
chapter 64 of the Internal Revenue Code of 1986 <>  is amended by inserting after the item relating to section 6306
the following new item:

``Sec. 6307. Special compliance personnel program account.''.


[[Page 1738]]



(d) <> Effective Date.--The amendment made
by subsection (a) shall apply to amounts collected and retained by the
Secretary after the date of the enactment of this Act.
SEC. 32104. REPEAL OF MODIFICATION OF AUTOMATIC EXTENSION OF
RETURN DUE DATE FOR CERTAIN EMPLOYEE
BENEFIT PLANS.

(a) In General.--Section 2006(b) of the Surface Transportation and
Veterans Health Care Choice Improvement Act of 2015 <> is amended by striking paragraph (3).

(b) <> Effective Date.--The amendment made
by this section shall apply to returns for taxable years beginning after
December 31, 2015.

Subtitle B--Fees and Receipts

SEC. 32201. ADJUSTMENT FOR INFLATION OF FEES FOR CERTAIN CUSTOMS
SERVICES.

(a) In General.--Section 13031 of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c) is amended by adding at the
end the following:
``(l) Adjustment of Fees for Inflation.--
``(1) In general.--The Secretary of the Treasury shall
adjust the fees established under subsection (a), and the
limitations on such fees under paragraphs (2), (3), (5), (6),
(8), and (9) of subsection (b), on April 1, 2016, and at the
beginning of each fiscal year thereafter, to reflect the
percentage (if any) of the increase in the average of the
Consumer Price Index for the preceding 12-month period compared
to the Consumer Price Index for fiscal year 2014.
``(2) Special rules for calculation of adjustment.--In
adjusting under paragraph (1) the amount of the fees established
under subsection (a), and the limitations on such fees under
paragraphs (2), (3), (5), (6), (8), and (9) of subsection (b),
the Secretary--
``(A) shall round the amount of any increase in the
Consumer Price Index to the nearest dollar; and
``(B) may ignore any such increase of less than 1
percent.
``(3) Consumer price index defined.--For purposes of this
subsection, the term `Consumer Price Index' means the Consumer
Price Index for All Urban Consumers published by the Bureau of
Labor Statistics of the Department of Labor.''.

(b) <> Use of Fees.--The fees collected as a
result of the amendments made by this section shall be deposited in the
Customs User Fee Account, shall be available for reimbursement of
customs services and inspections costs, and shall be available only to
the extent provided in appropriations Acts.

(c) Conforming Amendments.--Section 13031 of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c), as amended by
subsections (a) and (b), is further amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by inserting ``(subject to adjustment under subsection
(l))'' after ``following fees''; and
(2) in subsection (b)--

[[Page 1739]]

(A) in paragraph (2), by inserting ``(subject to
adjustment under subsection (l))'' after ``in fees'';
(B) in paragraph (3), by inserting ``(subject to
adjustment under subsection (l))'' after ``in fees'';
(C) in paragraph (5)(A), by inserting ``(subject to
adjustment under subsection (l))'' after ``in fees'';
(D) in paragraph (6), by inserting ``(subject to
adjustment under subsection (l))'' after ``in fees'';
(E) in paragraph (8)(A)--
(i) in clause (i), by inserting ``or (l)''
after ``subsection (a)(9)(B)''; and
(ii) in clause (ii), by inserting ``(subject
to adjustment under subsection (l))'' after
``$3''; and
(F) in paragraph (9)--
(i) in subparagraph (A)--
(I) in the matter preceding clause
(i), by inserting ``and subject to
adjustment under subsection (l)'' after
``Tariff Act of 1930''; and
(II) in clause (ii)(I), by inserting
``(subject to adjustment under
subsection (l))'' after ``bill of
lading''; and
(ii) in subparagraph (B)(i), by inserting
``(subject to adjustment under subsection (l))''
after ``bill of lading''.
SEC. 32202. LIMITATION ON SURPLUS FUNDS OF FEDERAL RESERVE BANKS.

Section 7(a) of the Federal Reserve Act (12 U.S.C. 289(a)) is
amended by adding at the end the following:
``(3) Limitation on surplus funds.--
``(A) In general.--The aggregate amount of the
surplus funds of the Federal reserve banks may not
exceed $10,000,000,000.
``(B) Transfer to the general fund.--Any amounts of
the surplus funds of the Federal reserve banks that
exceed, or would exceed, the limitation under
subparagraph (A) shall be transferred to the Board of
Governors of the Federal Reserve System for transfer to
the Secretary of the Treasury for deposit in the general
fund of the Treasury.''.
SEC. 32203. DIVIDENDS OF FEDERAL RESERVE BANKS.

(a) In General.--Section 7(a)(1) of the Federal Reserve Act (12 15
U.S.C. 289(a)(1)) is amended--
(1) by amending subparagraph (A) to read as follows:
``(A) Dividend amount.--After all necessary expenses
of a Federal reserve bank have been paid or provided
for, the stockholders of the bank shall be entitled to
receive an annual dividend on paid-in capital stock of--
``(i) in the case of a stockholder with total
consolidated assets of more than $10,000,000,000,
the smaller of--
``(I) the rate equal to the high
yield of the 10-year Treasury note
auctioned at the last auction held prior
to the payment of such dividend; and
``(II) 6 percent; and

[[Page 1740]]

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

(b) <> Effective Date.--The amendments made
by subsection (a) shall take effect on January 1, 2016.
SEC. 32204. <> STRATEGIC PETROLEUM
RESERVE DRAWDOWN AND SALE.

(a) Drawdown and Sale.--
(1) In general.--Notwithstanding section 161 of the Energy
Policy and Conservation Act (42 U.S.C. 6241), except as provided
in subsections (b) and (c), the Secretary of Energy shall
drawdown and sell from the Strategic Petroleum Reserve--
(A) the quantity of barrels of crude oil that the
Secretary of Energy determines to be appropriate to
maximize the financial return to United States taxpayers
for each of fiscal years 2016 and 2017;
(B) 16,000,000 barrels of crude oil during fiscal
year 2023;
(C) 25,000,000 barrels of crude oil during fiscal
year 2024; and
(D) 25,000,000 barrels of crude oil during fiscal
year 2025.
(2) Deposit of amounts received from sale.--Amounts received
from a sale under paragraph (1) shall be deposited in the
general fund of the Treasury during the fiscal year in which the
sale occurs.

(b) Emergency Protection.--The Secretary shall not draw down and
sell crude oil under this section in quantities that would limit the
authority to sell petroleum products under section 161(h) of the Energy
Policy and Conservation Act (42 U.S.C. 6241(h)) in the full quantity
authorized by that subsection.
(c) Increase; Limitation.--
(1) Increase.--The Secretary of Energy may increase the
drawdown and sales under subparagraphs (A) through (I) of
subsection (a)(1) as the Secretary of Energy determines to be
appropriate to maximize the financial return to United States
taxpayers.
(2) Limitation.--The Secretary of Energy shall not drawdown
or conduct sales of crude oil under this section after the date
on which a total of $6,200,000,000 has been deposited in the
general fund of the Treasury from sales authorized under this
section.
SEC. 32205. <> REPEAL.

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

[[Page 1741]]

Subtitle C--Outlays

SEC. 32301. INTEREST ON OVERPAYMENT.

Section 111 of the Federal Oil and Gas Royalty Management Act of
1982 (30 U.S.C. 1721) is amended--
(1) by striking subsections (h) and (i);
(2) by redesignating subsections (j) through (l) as
subsections (h) through (j), respectively; and
(3) in subsection (h) (as so redesignated), by striking the
fourth sentence.

Subtitle D--Budgetary Effects

SEC. 32401. BUDGETARY EFFECTS.

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

DIVISION D--MISCELLANEOUS

TITLE XLI--FEDERAL PERMITTING IMPROVEMENT

SEC. 41001. <> DEFINITIONS.

In this title:
(1) Agency.--The term ``agency'' has the meaning given the
term in section 551 of title 5, United States Code.
(2) Agency cerpo.--The term ``agency CERPO'' means the chief
environmental review and permitting officer of an agency, as
designated by the head of the agency under section
41002(b)(2)(A)(iii)(I).
(3) Authorization.--The term ``authorization'' means any
license, permit, approval, finding, determination, or other
administrative decision issued by an agency that is required or
authorized under Federal law in order to site, construct,
reconstruct, or commence operations of a covered project
administered by a Federal agency or, in the case of a State that
chooses to participate in the environmental review and
authorization process in accordance with section 41003(c)(3)(A),
a State agency.
(4) Cooperating agency.--The term ``cooperating agency''
means any agency with--
(A) jurisdiction under Federal law; or
(B) special expertise as described in section 1501.6
of title 40, Code of Federal Regulations (as in effect
on the date of enactment of this Act).
(5) Council.--The term ``Council'' means the Federal
Infrastructure Permitting Improvement Steering Council
established under section 41002(a).
(6) Covered project.--
(A) In general.--The term ``covered project'' means
any activity in the United States that requires
authorization or environmental review by a Federal
agency involving

[[Page 1742]]

construction of infrastructure for renewable or
conventional energy production, electricity
transmission, surface transportation, aviation, ports
and waterways, water resource projects, broadband,
pipelines, manufacturing, or any other sector as
determined by a majority vote of the Council that--
(i)(I) is subject to NEPA;
(II) is likely to require a total investment
of more than $200,000,000; and
(III) does not qualify for abbreviated
authorization or environmental review processes
under any applicable law; or
(ii) is subject to NEPA and the size and
complexity of which, in the opinion of the
Council, make the project likely to benefit from
enhanced oversight and coordination, including a
project likely to require--
(I) authorization from or
environmental review involving more than
2 Federal agencies; or
(II) the preparation of an
environmental impact statement under
NEPA.
(B) Exclusion.--The term ``covered project'' does
not include--
(i) any project subject to section 139 of
title 23, United States Code; or
(ii) any project subject to section 2045 of
the Water Resources Development Act of 2007 (33
U.S.C. 2348).
(7) Dashboard.--The term ``Dashboard'' means the Permitting
Dashboard required under section 41003(b).
(8) Environmental assessment.--The term ``environmental
assessment'' means a concise public document for which a Federal
agency is responsible under section 1508.9 of title 40, Code of
Federal Regulations (or successor regulations).
(9) Environmental document.--
(A) In general.--The term ``environmental document''
means an environmental assessment, finding of no
significant impact, notice of intent, environmental
impact statement, or record of decision.
(B) Inclusions.--The term ``environmental document''
includes--
(i) any document that is a supplement to a
document described in subparagraph (A); and
(ii) a document prepared pursuant to a court
order.
(10) Environmental impact statement.--The term
``environmental impact statement'' means the detailed written
statement required under section 102(2)(C) of NEPA.
(11) Environmental review.--The term ``environmental
review'' means the agency procedures and processes for applying
a categorical exclusion or for preparing an environmental
assessment, an environmental impact statement, or other document
required under NEPA.
(12) Executive director.--The term ``Executive Director''
means the Executive Director appointed by the President under
section 41002(b)(1)(A).
(13) Facilitating agency.--The term ``facilitating agency''
means the agency that receives the initial notification from the
project sponsor required under section 41003(a).

[[Page 1743]]

(14) Inventory.--The term ``inventory'' means the inventory
of covered projects established by the Executive Director under
section 41002(c)(1)(A).
(15) Lead agency.--The term ``lead agency'' means the agency
with principal responsibility for an environmental review of a
covered project under NEPA and parts 1500 through 1508 of title
40, Code of Federal Regulations (or successor regulations).
(16) NEPA.--The term ``NEPA'' means the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(17) Participating agency.--The term ``participating
agency'' means an agency participating in an environmental
review or authorization for a covered project in accordance with
section 41003.
(18) Project sponsor.--The term ``project sponsor'' means an
entity, including any private, public, or public-private entity,
seeking an authorization for a covered project.
SEC. 41002. <> FEDERAL PERMITTING
IMPROVEMENT COUNCIL.

(a) Establishment.--There is established the Federal Permitting
Improvement Steering Council.
(b) Composition.--
(1) Chair.--The Executive Director shall--
(A) be appointed by the President; and
(B) serve as Chair of the Council.
(2) Council members.--
(A) In general.--
(i) Designation by head of agency.--Each
individual listed in subparagraph (B) shall
designate a member of the agency in which the
individual serves to serve on the Council.
(ii) Qualifications.--A councilmem-ber
described in clause (i) shall hold a position in
the agency of deputy secretary (or the equivalent)
or higher.
(iii) Support.--
(I) In general.--Consistent with
guidance provided by the Director of the
Office of Management and Budget, each
individual listed in subparagraph (B)
shall designate 1 or more appropriate
members of the agency in which the
individual serves to serve as an agency
CERPO.
(II) Reporting.--In carrying out the
duties of the agency CERPO under this
title, an agency CERPO shall report
directly to a deputy secretary (or the
equivalent) or higher.
(B) Heads of agencies.--The individuals that shall
each designate a councilmember under this subparagraph
are as follows:
(i) The Secretary of Agriculture.
(ii) The Secretary of the Army.
(iii) The Secretary of Commerce.
(iv) The Secretary of the Interior.
(v) The Secretary of Energy.
(vi) The Secretary of Transportation.
(vii) The Secretary of Defense.
(viii) The Administrator of the Environmental
Protection Agency.

[[Page 1744]]

(ix) The Chairman of the Federal Energy
Regulatory Commission.
(x) The Chairman of the Nuclear Regulatory
Commission.
(xi) The Secretary of Homeland Security.
(xii) The Secretary of Housing and Urban
Development.
(xiii) The Chairman of the Advisory Council on
Historic Preservation.
(xiv) Any other head of a Federal agency that
the Executive Director may invite to participate
as a member of the Council.
(3) Additional members.--In addition to the members listed
in paragraphs (1) and (2), the Chairman of the Council on
Environmental Quality and the Director of the Office of
Management and Budget shall also be members of the Council.

(c) Duties.--
(1) Executive director.--
(A) Inventory development.--The Executive Director,
in consultation with the Council, shall--
(i) not later than 180 days after the date of
enactment of this Act, establish an inventory of
covered projects that are pending the
environmental review or authorization of the head
of any Federal agency;
(ii)(I) categorize the projects in the
inventory as appropriate, based on sector and
project type; and
(II) for each category, identify the types of
environmental reviews and authorizations most
commonly involved; and
(iii) add a covered project to the inventory
after receiving a notice described in section
41003(a)(1).
(B) Facilitating agency designation.--The Executive
Director, in consultation with the Council, shall--
(i) designate a facilitating agency for each
category of covered projects described in
subparagraph (A)(ii); and
(ii) publish the list of designated
facilitating agencies for each category of
projects in the inventory on the Dashboard in an
easily accessible format.
(C) Performance schedules.--
(i) In general.--Not later than 1 year after
the date of enactment of this Act, the Executive
Director, in consultation with the Council, shall
develop recommended performance schedules,
including intermediate and final completion dates,
for environmental reviews and authorizations most
commonly required for each category of covered
projects described in subparagraph (A)(ii).
(ii) Requirements.--
(I) In general.--The performance
schedules shall reflect employment of
the use of the most efficient applicable
processes, including the alignment of
Federal reviews of projects and
reduction of permitting and project
delivery time.
(II) Limit.--
(aa) In general.--The final
completion dates in any
performance schedule for the

[[Page 1745]]

completion of an environmental
review or authorization under
clause (i) shall not exceed the
average time to complete an
environmental review or
authorization for a project
within that category.
(bb) Calculation of average
time.--The average time referred
to in item (aa) shall be
calculated on the basis of data
from the preceding 2 calendar
years and shall run from the
period beginning on the date on
which the Executive Director
must make a specific entry for
the project on the Dashboard
under section 41003(b)(2)
(except that, for projects
initiated before that duty takes
effect, the period beginning on
the date of filing of a
completed application), and
ending on the date of the
issuance of a record of decision
or other final agency action on
the review or authorization.
(cc) Completion date.--Each
performance schedule shall
specify that any decision by an
agency on an environmental
review or authorization must be
issued not later than 180 days
after the date on which all
information needed to complete
the review or authorization
(including any hearing that an
agency holds on the matter) is
in the possession of the agency.
(iii) Review and revision.--Not later than 2
years after the date on which the performance
schedules are established under this subparagraph,
and not less frequently than once every 2 years
thereafter, the Executive Director, in
consultation with the Council, shall review and
revise the performance schedules.
(D) Guidance.--The Executive Director, in
consultation with the Council, may recommend to the
Director of the Office of Management and Budget or to
the Council on Environmental Quality, as appropriate,
that guidance be issued as necessary for agencies--
(i) to carry out responsibilities under this
title; and
(ii) to effectuate the adoption by agencies of
the best practices and recommendations of the
Council described in paragraph (2).
(2) Council.--
(A) Recommendations.--
(i) In general.--The Council shall make
recommendations to the Executive Director with
respect to the designations under paragraph (1)(B)
and the performance schedules under paragraph
(1)(C).
(ii) Update.--The Council may update the
recommendations described in clause (i).
(B) Best practices.--Not later than 1 year after the
date of enactment of this Act, and not less frequently
than annually thereafter, the Council shall issue
recommendations on the best practices for--

[[Page 1746]]

(i) enhancing early stakeholder engagement,
including fully considering and, as appropriate,
incorporating recommendations provided in public
comments on any proposed covered project;
(ii) ensuring timely decisions regarding
environmental reviews and authorizations,
including through the development of performance
metrics;
(iii) improving coordination between Federal
and non-Federal governmental entities, including
through the development of common data standards
and terminology across agencies;
(iv) increasing transparency;
(v) reducing information collection
requirements and other administrative burdens on
agencies, project sponsors, and other interested
parties;
(vi) developing and making available to
applicants appropriate geographic information
systems and other tools;
(vii) creating and distributing training
materials useful to Federal, State, tribal, and
local permitting officials; and
(viii) addressing other aspects of
infrastructure permitting, as determined by the
Council.
(C) Meetings.--The Council shall meet not less
frequently than annually with groups or individuals
representing State, tribal, and local governments that
are engaged in the infrastructure permitting process.
(3) Agency cerpos.--An agency CERPO shall--
(A) advise the respective agency councilmember on
matters related to environmental reviews and
authorizations;
(B) provide technical support, when requested to
facilitate efficient and timely processes for
environmental reviews and authorizations for covered
projects under the jurisdictional responsibility of the
agency, including supporting timely identification and
resolution of potential disputes within the agency or
between the agency and other Federal agencies;
(C) analyze agency environmental review and
authorization processes, policies, and authorities and
make recommendations to the respective agency
councilmember for ways to standardize, simplify, and
improve the efficiency of the processes, policies, and
authorities, including by implementing guidance issued
under paragraph (1)(D) and other best practices,
including the use of information technology and
geographic information system tools within the agency
and across agencies, to the extent consistent with
existing law; and
(D) review and develop training programs for agency
staff that support and conduct environmental reviews or
authorizations.

(d) Administrative Support.--The Director of the Office of
Management and Budget shall designate a Federal agency, other than an
agency that carries out or provides support only for projects that are
not covered projects, to provide administrative support for the
Executive Director, and the designated agency shall, as

[[Page 1747]]

reasonably necessary, provide support and staff to enable the Executive
Director to fulfill the duties of the Executive Director under this
title.
SEC. 41003. <> PERMITTING PROCESS
IMPROVEMENT.

(a) Project Initiation and Designation of Participating Agencies.--
(1) Notice.--
(A) In general.--A project sponsor of a covered
project shall submit to the Executive Director and the
facilitating agency notice of the initiation of a
proposed covered project.
(B) Default designation.--If, at the time of
submission of the notice under subparagraph (A), the
Executive Director has not designated a facilitating
agency under section 41002(c)(1)(B) for the categories
of projects noticed, the agency that receives the notice
under subparagraph (A) shall be designated as the
facilitating agency.
(C) Contents.--Each notice described in subparagraph
(A) shall include--
(i) a statement of the purposes and objectives
of the proposed project;
(ii) a concise description, including the
general location of the proposed project and a
summary of geospatial information, if available,
illustrating the project area and the locations,
if any, of environmental, cultural, and historic
resources;
(iii) a statement regarding the technical and
financial ability of the project sponsor to
construct the proposed project;
(iv) a statement of any Federal financing,
environmental reviews, and authorizations
anticipated to be required to complete the
proposed project; and
(v) an assessment that the proposed project
meets the definition of a covered project under
section 41001 and a statement of reasons
supporting the assessment.
(2) Invitation.--
(A) In general.--Not later than 45 days after the
date on which the Executive Director must make a
specific entry for the project on the Dashboard under
subsection (b)(2)(A), the facilitating agency or lead
agency, as applicable, shall--
(i) identify all Federal and non-Federal
agencies and governmental entities likely to have
financing, environmental review, authorization, or
other responsibilities with respect to the
proposed project; and
(ii) invite all Federal agencies identified
under clause (i) to become a participating agency
or a cooperating agency, as appropriate, in the
environmental review and authorization management
process described in section 41005.
(B) Deadlines.--Each invitation made under
subparagraph (A) shall include a deadline for a response
to be submitted to the facilitating or lead agency, as
applicable.
(3) Participating and cooperating agencies.--
(A) In general.--An agency invited under paragraph
(2) shall be designated as a participating or
cooperating agency for a covered project, unless the
agency informs

[[Page 1748]]

the facilitating or lead agency, as applicable, in
writing before the deadline under paragraph (2)(B) that
the agency--
(i) has no jurisdiction or authority with
respect to the proposed project; or
(ii) does not intend to exercise authority
related to, or submit comments on, the proposed
project.
(B) Changed circumstances.--On request and a showing
of changed circumstances, the Executive Director may
designate an agency that has opted out under
subparagraph (A)(ii) to be a participating or
cooperating agency, as appropriate.
(4) Effect of designation.--The designation described in
paragraph (3) shall not--
(A) give the participating agency authority or
jurisdiction over the covered project; or
(B) expand any jurisdiction or authority a
cooperating agency may have over the proposed project.
(5) Lead agency designation.--
(A) In general.--On establishment of the lead
agency, the lead agency shall assume the
responsibilities of the facilitating agency under this
title.
(B) Redesignation of facilitating agency.--If the
lead agency assumes the responsibilities of the
facilitating agency under subparagraph (A), the
facilitating agency may be designated as a cooperative
or participating agency.
(6) Change of facilitating or lead agency.--
(A) In general.--On the request of a participating
agency or project sponsor, the Executive Director may
designate a different agency as the facilitating or lead
agency, as applicable, for a covered project, if the
facilitating or lead agency or the Executive Director
receives new information regarding the scope or nature
of a covered project that indicates that the project
should be placed in a different category under section
41002(c)(1)(B).
(B) Resolution of dispute.--The Chairman of the
Council on Environmental Quality shall resolve any
dispute over designation of a facilitating or lead
agency for a particular covered project.

(b) Permitting Dashboard.--
(1) Requirement to maintain.--
(A) In general.--The Executive Director, in
coordination with the Administrator of General Services,
shall maintain an online database to be known as the
``Permitting Dashboard'' to track the status of Federal
environmental reviews and authorizations for any covered
project in the inventory described in section
41002(c)(1)(A).
(B) Specific and searchable entry.--The Dashboard
shall include a specific and searchable entry for each
covered project.
(2) Additions.--
(A) In general.--
(i) Existing projects.--Not later than 14 days
after the date on which the Executive Director
adds a project to the inventory under section
41002(c)(1)(A), the Executive Director shall
create a specific entry on the Dashboard for the
covered project.

[[Page 1749]]

(ii) New projects.--Not later than 14 days
after the date on which the Executive Director
receives a notice under subsection (a)(1), the
Executive Director shall create a specific entry
on the Dashboard for the covered project, unless
the Executive Director, facilitating agency, or
lead agency, as applicable, determines that the
project is not a covered project.
(B) Explanation.--If the facilitating agency or lead
agency, as applicable, determines that the project is
not a covered project, the project sponsor may submit a
further explanation as to why the project is a covered
project not later than 14 days after the date of the
determination under subparagraph (A).
(C) Final determination.--Not later than 14 days
after receiving an explanation described in subparagraph
(B), the Executive Director shall--
(i) make a final and conclusive determination
as to whether the project is a covered project;
and
(ii) if the Executive Director determines that
the project is a covered project, create a
specific entry on the Dashboard for the covered
project.
(3) Postings by agencies.--
(A) In general.--For each covered project added to
the Dashboard under paragraph (2), the facilitating or
lead agency, as applicable, and each cooperating and
participating agency shall post to the Dashboard--
(i) a hyperlink that directs to a website that
contains, to the extent consistent with applicable
law--
(I) the notification submitted under
subsection (a)(1);
(II)(aa) where practicable, the
application and supporting documents, if
applicable, that have been submitted by
a project sponsor for any required
environmental review or authorization;
or
(bb) a notice explaining how the
public may obtain access to such
documents;
(III) a description of any Federal
agency action taken or decision made
that materially affects the status of a
covered project;
(IV) any significant document that
supports the action or decision
described in subclause (III); and
(V) a description of the status of
any litigation to which the agency is a
party that is directly related to the
project, including, if practicable, any
judicial document made available on an
electronic docket maintained by a
Federal, State, or local court; and
(ii) any document described in clause (i) that
is not available by hyperlink on another website.
(B) Deadline.--The information described in
subparagraph (A) shall be posted to the website made
available by hyperlink on the Dashboard not later than 5
business days after the date on which the Federal agency
receives the information.

[[Page 1750]]

(4) Postings by the executive director.--The Executive
Director shall publish to the Dashboard--
(A) the permitting timetable established under
subparagraph (A) or (C) of subsection (c)(2);
(B) the status of the compliance of each agency with
the permitting timetable;
(C) any modifications of the permitting timetable;
(D) an explanation of each modification described in
subparagraph (C); and
(E) any memorandum of understanding established
under subsection (c)(3)(B).

(c) Coordination and Timetables.--
(1) Coordinated project plan.--
(A) In general.--Not later than 60 days after the
date on which the Executive Director must make a
specific entry for the project on the Dashboard under
subsection (b)(2)(A), the facilitating or lead agency,
as applicable, in consultation with each coordinating
and participating agency, shall establish a concise plan
for coordinating public and agency participation in, and
completion of, any required Federal environmental review
and authorization for the project.
(B) Required information.--The Coordinated Project
Plan shall include the following information and be
updated by the facilitating or lead agency, as
applicable, at least once per quarter:
(i) A list of, and roles and responsibilities
for, all entities with environmental review or
authorization responsibility for the project.
(ii) A permitting timetable, as described in
paragraph (2), setting forth a comprehensive
schedule of dates by which all environmental
reviews and authorizations, and to the maximum
extent practicable, State permits, reviews and
approvals must be made.
(iii) A discussion of potential avoidance,
minimization, and mitigation strategies, if
required by applicable law and known.
(iv) Plans and a schedule for public and
tribal outreach and coordination, to the extent
required by applicable law.
(C) Memorandum of understanding.--The coordinated
project plan described in subparagraph (A) may be
incorporated into a memorandum of understanding.
(2) Permitting timetable.--
(A) Establishment.--As part of the coordination
project plan under paragraph (1), the facilitating or
lead agency, as applicable, in consultation with each
cooperating and participating agency, the project
sponsor, and any State in which the project is located,
and, subject to subparagraph (C), with the concurrence
of each cooperating agency, shall establish a permitting
timetable that includes intermediate and final
completion dates for action by each participating agency
on any Federal environmental review or authorization
required for the project.

[[Page 1751]]

(B) Factors for consideration.--In establishing the
permitting timetable under subparagraph (A), the
facilitating or lead agency shall follow the performance
schedules established under section 41002(c)(1)(C), but
may vary the timetable based on relevant factors,
including--
(i) the size and complexity of the covered
project;
(ii) the resources available to each
participating agency;
(iii) the regional or national economic
significance of the project;
(iv) the sensitivity of the natural or
historic resources that may be affected by the
project;
(v) the financing plan for the project; and
(vi) the extent to which similar projects in
geographic proximity to the project were recently
subject to environmental review or similar
procedures under State law.
(C) Dispute resolution.--
(i) In general.--The Executive Director, in
consultation with appropriate agency CERPOs and
the project sponsor, shall, as necessary, mediate
any disputes regarding the permitting timetable
referred to under subparagraph (A).
(ii) Disputes.--If a dispute remains
unresolved 30 days after the date on which the
dispute was submitted to the Executive Director,
the Director of the Office of Management and
Budget, in consultation with the Chairman of the
Council on Environmental Quality, shall facilitate
a resolution of the dispute and direct the
agencies party to the dispute to resolve the
dispute by the end of the 60-day period beginning
on the date of submission of the dispute to the
Executive Director.
(iii) Final resolution.--Any action taken by
the Director of the Office of Management and
Budget in the resolution of a dispute under clause
(ii) shall--
(I) be final and conclusive; and
(II) not be subject to judicial
review.
(D) Modification after approval.--
(i) In general.--The facilitating or lead
agency, as applicable, may modify a permitting
timetable established under subparagraph (A) only
if--
(I) the facilitating or lead agency,
as applicable, and the affected
cooperating agencies, after consultation
with the participating agencies and the
project sponsor, agree to a different
completion date;
(II) the facilitating agency or lead
agency, as applicable, or the affected
cooperating agency provides a written
justification for the modification; and
(III) in the case of a modification
that would necessitate an extension of a
final completion date under a permitting
timetable established under subparagraph
(A) to a date more than 30 days after
the final completion date originally
established under subparagraph (A), the
facilitating or

[[Page 1752]]

lead agency submits a request to modify
the permitting timetable to the
Executive Director, who shall consult
with the project sponsor and make a
determination on the record, based on
consideration of the relevant factors
described under subparagraph (B),
whether to grant the facilitating or
lead agency, as applicable, authority to
make such modification.
(ii) Completion date.--A completion date in
the permitting timetable may not be modified
within 30 days of the completion date.
(iii) Limitation on length of modifications.--
(I) In general.--Except as provided
in subclause (II), the total length of
all modifications to a permitting
timetable authorized or made under this
subparagraph, other than for reasons
outside the control of Federal, State,
local, or tribal governments, may not
extend the permitting timetable for a
period of time greater than half of the
amount of time from the establishment of
the permitting timetable under
subparagraph (A) to the last final
completion date originally established
under subparagraph (A).
(II) Additional extensions.--The
Director of the Office of Management and
Budget, after consultation with the
project sponsor, may permit the
Executive Director to authorize
additional extensions of a permitting
timetable beyond the limit prescribed by
subclause (I). In such a case, the
Director of the Office of Management and
Budget shall transmit, not later than 5
days after making a determination to
permit an authorization of extension
under this subclause, a report to
Congress explaining why such
modification is required. Such report
shall explain to Congress with
specificity why the original permitting
timetable and the modifications
authorized by the Executive Director
failed to be adequate. The lead or
facilitating agency, as applicable,
shall transmit to Congress, the Director
of the Office of Management and Budget,
and the Executive Director a
supplemental report on progress toward
the final completion date each year
thereafter, until the permit review is
completed or the project sponsor
withdraws its notice or application or
other request to which this title
applies under section 41010.
(iv) Limitation on judicial review.--The
following shall not be subject to judicial review:
(I) A determination by the Executive
Director under clause (i)(III).
(II) A determination under clause
(iii)(II) by the Director of the Office
of Management and Budget to permit the
Executive Director to authorize
extensions of a permitting timetable.
(E) Consistency with other time periods.--A
permitting timetable established under subparagraph (A)
shall be consistent with any other relevant time periods

[[Page 1753]]

established under Federal law and shall not prevent any
cooperating or participating agency from discharging any
obligation under Federal law in connection with the
project.
(F) Conforming to permitting timetables.--
(i) In general.--Each Federal agency shall
conform to the completion dates set forth in the
permitting timetable established under
subparagraph (A), or with any completion date
modified under subparagraph (D).
(ii) Failure to conform.--If a Federal agency
fails to conform with a completion date for agency
action on a covered project or is at significant
risk of failing to conform with such a completion
date, the agency shall--
(I) promptly submit to the Executive
Director for publication on the
Dashboard an explanation of the specific
reasons for failing or significantly
risking failing to conform to the
completion date and a proposal for an
alternative completion date;
(II) in consultation with the
facilitating or lead agency, as
applicable, establish an alternative
completion date; and
(III) each month thereafter until
the agency has taken final action on the
delayed authorization or review, submit
to the Executive Director for posting on
the Dashboard a status report describing
any agency activity related to the
project.
(G) Abandonment of covered project.--
(i) In general.--If the facilitating or lead
agency, as applicable, has a reasonable basis to
doubt the continuing technical or financial
ability of the project sponsor to construct the
covered project, the facilitating or lead agency
may request the project sponsor provide an updated
statement regarding the ability of the project
sponsor to complete the project.
(ii) Failure to respond.--If the project
sponsor fails to respond to a request described in
clause (i) by the date that is 30 days after
receiving the request, the lead or facilitating
agency, as applicable, shall notify the Executive
Director, who shall publish an appropriate notice
on the Dashboard.
(iii) Publication to dashboard.--On
publication of a notice under clause (ii), the
completion dates in the permitting timetable shall
be tolled and agencies shall be relieved of the
obligation to comply with subparagraph (F) until
such time as the project sponsor submits to the
facilitating or lead agency, as applicable, an
updated statement regarding the technical and
financial ability of the project sponsor to
construct the project.
(3) Cooperating state, local, or tribal governments.--
(A) State authority.--If the Federal environmental
review is being implemented within the boundaries of a
State, the State, consistent with State law, may choose
to participate in the environmental review and
authorization process under this subsection and to make
subject to the process all State agencies that--

[[Page 1754]]

(i) have jurisdiction over the covered
project;
(ii) are required to conduct or issue a
review, analysis, opinion, or statement for the
covered project; or
(iii) are required to make a determination on
issuing a permit, license, or other approval or
decision for the covered project.
(B) Coordination.--To the maximum extent practicable
under applicable law, the facilitating or lead agency,
as applicable, shall coordinate the Federal
environmental review and authorization processes under
this subsection with any State, local, or tribal agency
responsible for conducting any separate review or
authorization of the covered project to ensure timely
and efficient completion of environmental reviews and
authorizations.
(C) Memorandum of understanding.--
(i) In general.--Any coordination plan between
the facilitating or lead agency, as applicable,
and any State, local, or tribal agency shall, to
the maximum extent practicable, be included in a
memorandum of understanding.
(ii) Submission to executive director.--The
facilitating or lead agency, as applicable, shall
submit to the Executive Director each memorandum
of understanding described in clause (i).
(D) Applicability.--The requirements under this
title shall only apply to a State or an authorization
issued by a State if the State has chosen to participate
in the environmental review and authorization process
pursuant to this paragraph.

(d) Early Consultation.--The facilitating or lead agency, as
applicable, shall provide an expeditious process for project sponsors to
confer with each cooperating and participating agency involved and, not
later than 60 days after the date on which the project sponsor submits a
request under this subsection, to have each such agency provide to the
project sponsor information concerning--
(1) the availability of information and tools, including
pre-application toolkits, to facilitate early planning efforts;
(2) key issues of concern to each agency and to the public;
and
(3) issues that must be addressed before an environmental
review or authorization can be completed.

(e) Cooperating Agency.--
(1) In general.--A lead agency may designate a participating
agency as a cooperating agency in accordance with part 1501 of
title 40, Code of Federal Regulations (or successor
regulations).
(2) Effect on other designation.--The designation described
in paragraph (1) shall not affect any designation under
subsection (a)(3).
(3) Limitation on designation.--Any agency not designated as
a participating agency under subsection (a)(3) shall not be
designated as a cooperating agency under paragraph (1).

(f) Reporting Status of Other Projects on Dashboard.--
(1) In general.--On request of the Executive Director, the
Secretary and the Secretary of the Army shall use best efforts
to provide information for inclusion on the Dashboard

[[Page 1755]]

on projects subject to section 139 of title 23, United States
Code, and section 2045 of the Water Resources Development Act of
2007 (33 U.S.C. 2348) likely to require--
(A) a total investment of more than $200,000,000;
and
(B) an environmental impact statement under NEPA.
(2) Effect of inclusion on dashboard.--Inclusion on the
Dashboard of information regarding projects subject to section
139 of title 23, United States Code, or section 2045 of the
Water Resources Development Act of 2007 (33 U.S.C. 2348) shall
not subject those projects to any requirements of this title.
SEC. 41004. <> INTERSTATE COMPACTS.

(a) In General.--The consent of Congress is given for 3 or more
contiguous States to enter into an interstate compact establishing
regional infrastructure development agencies to facilitate authorization
and review of covered projects, under State law or in the exercise of
delegated permitting authority described under section 41006, that will
advance infrastructure development, production, and generation within
the States that are parties to the compact.
(b) Regional Infrastructure.--For the purpose of this title, a
regional infrastructure development agency referred to in subsection (a)
shall have the same authorities and responsibilities of a State agency.
SEC. 41005. <> COORDINATION OF REQUIRED
REVIEWS.

(a) Concurrent Reviews.--To integrate environmental reviews and
authorizations, each agency shall, to the maximum extent practicable--
(1) carry out the obligations of the agency with respect to
a covered project under any other applicable law concurrently,
and in conjunction with, other environmental reviews and
authorizations being conducted by other cooperating or
participating agencies, including environmental reviews and
authorizations required under NEPA, unless the agency determines
that doing so would impair the ability of the agency to carry
out the statutory obligations of the agency; and
(2) formulate and implement administrative, policy, and
procedural mechanisms to enable the agency to ensure completion
of the environmental review process in a timely, coordinated,
and environmentally responsible manner.

(b) Adoption, Incorporation by Reference, and Use of Documents.--
(1) State environmental documents; supplemental documents.--
(A) Use of existing documents.--
(i) In general.--On the request of a project
sponsor, a lead agency shall consider and, as
appropriate, adopt or incorporate by reference,
the analysis and documentation that has been
prepared for a covered project under State laws
and procedures as the documentation, or part of
the documentation, required to complete an
environmental review for the covered project, if
the analysis and documentation were, as determined
by the lead agency in consultation with the
Council on Environmental Quality, prepared under
circumstances that allowed for opportunities for
public

[[Page 1756]]

participation and consideration of alternatives,
environmental consequences, and other required
analyses that are substantially equivalent to what
would have been available had the documents and
analysis been prepared by a Federal agency
pursuant to NEPA.
(ii) Guidance by ceq.--The Council on
Environmental Quality may issue guidance to carry
out this subsection.
(B) NEPA obligations.--An environmental document
adopted under subparagraph (A) or a document that
includes documentation incorporated under subparagraph
(A) may serve as the documentation required for an
environmental review or a supplemental environmental
review required to be prepared by a lead agency under
NEPA.
(C) Supplementation of state documents.--If the lead
agency adopts or incorporates analysis and documentation
described in subparagraph (A), the lead agency shall
prepare and publish a supplemental document if the lead
agency determines that during the period after
preparation of the analysis and documentation and before
the adoption or incorporation--
(i) a significant change has been made to the
covered project that is relevant for purposes of
environmental review of the project; or
(ii) there has been a significant circumstance
or new information has emerged that is relevant to
the environmental review for the covered project.
(D) Comments.--If a lead agency prepares and
publishes a supplemental document under subparagraph
(C), the lead agency shall solicit comments from other
agencies and the public on the supplemental document for
a period of not more than 45 days, beginning on the date
on which the supplemental document is published,
unless--
(i) the lead agency, the project sponsor, and
any cooperating agency agree to a longer deadline;
or
(ii) the lead agency extends the deadline for
good cause.
(E) Notice of outcome of environmental review.--A
lead agency shall issue a record of decision or finding
of no significant impact, as appropriate, based on the
document adopted under subparagraph (A) and any
supplemental document prepared under subparagraph (C).

(c) Alternatives Analysis.--
(1) Participation.--
(A) In general.--As early as practicable during the
environmental review, but not later than the
commencement of scoping for a project requiring the
preparation of an environmental impact statement, the
lead agency shall engage the cooperating agencies and
the public to determine the range of reasonable
alternatives to be considered for a covered project.
(B) Determination.--The determination under
subparagraph (A) shall be completed not later than the
completion of scoping.
(2) Range of alternatives.--

[[Page 1757]]

(A) In general.--Following participation under
paragraph (1) and subject to subparagraph (B), the lead
agency shall determine the range of reasonable
alternatives for consideration in any document that the
lead agency is responsible for preparing for the covered
project.
(B) Alternatives required by law.--In determining
the range of alternatives under subparagraph (A), the
lead agency shall include all alternatives required to
be considered by law.
(3) Methodologies.--
(A) In general.--The lead agency shall determine, in
collaboration with each cooperating agency at
appropriate times during the environmental review, the
methodologies to be used and the level of detail
required in the analysis of each alternative for a
covered project.
(B) Environmental review.--A cooperating agency
shall use the methodologies referred to in subparagraph
(A) when conducting any required environmental review,
to the extent consistent with existing law.
(4) Preferred alternative.--With the concurrence of the
cooperating agencies with jurisdiction under Federal law and at
the discretion of the lead agency, the preferred alternative for
a project, after being identified, may be developed to a higher
level of detail than other alternatives to facilitate the
development of mitigation measures or concurrent compliance with
other applicable laws if the lead agency determines that the
development of the higher level of detail will not prevent--
(A) the lead agency from making an impartial
decision as to whether to accept another alternative
that is being considered in the environmental review;
and
(B) the public from commenting on the preferred and
other alternatives.

(d) Environmental Review Comments.--
(1) Comments on draft environmental impact statement.--For
comments by an agency or the public on a draft environmental
impact statement, the lead agency shall establish a comment
period of not less than 45 days and not more than 60 days after
the date on which a notice announcing availability of the
environmental impact statement is published in the Federal
Register, unless--
(A) the lead agency, the project sponsor, and any
cooperating agency agree to a longer deadline; or
(B) the lead agency, in consultation with each
cooperating agency, extends the deadline for good cause.
(2) Other review and comment periods.--For all other review
or comment periods in the environmental review process described
in parts 1500 through 1508 of title 40, Code of Federal
Regulations (or successor regulations), the lead agency shall
establish a comment period of not more than 45 days after the
date on which the materials on which comment is requested are
made available, unless--
(A) the lead agency, the project sponsor, and any
cooperating agency agree to a longer deadline; or
(B) the lead agency extends the deadline for good
cause.

(e) Issue Identification and Resolution.--
(1) Cooperation.--The lead agency and each cooperating and
participating agency shall work cooperatively in accordance

[[Page 1758]]

with this section to identify and resolve issues that could
delay completion of an environmental review or an authorization
required for the project under applicable law or result in the
denial of any approval under applicable law.
(2) Lead agency responsibilities.--
(A) In general.--The lead agency shall make
information available to each cooperating and
participating agency and project sponsor as early as
practicable in the environmental review regarding the
environmental, historic, and socioeconomic resources
located within the project area and the general
locations of the alternatives under consideration.
(B) Sources of information.--The information
described in subparagraph (A) may be based on existing
data sources, including geographic information systems
mapping.
(3) Cooperating and participating agency responsibilities.--
Each cooperating and participating agency shall--
(A) identify, as early as practicable, any issues of
concern regarding any potential environmental impacts of
the covered project, including any issues that could
substantially delay or prevent an agency from completing
any environmental review or authorization required for
the project; and
(B) communicate any issues described in subparagraph
(A) to the project sponsor.

(f) Categories of Projects.--The authorities granted under this
section may be exercised for an individual covered project or a category
of covered projects.
SEC. 41006. <> DELEGATED STATE PERMITTING
PROGRAMS.

(a) In General.--If a Federal statute permits a Federal agency to
delegate to or otherwise authorize a State to issue or otherwise
administer a permit program in lieu of the Federal agency, the Federal
agency with authority to carry out the statute shall--
(1) on publication by the Council of best practices under
section 41002(c)(2)(B), initiate a national process, with public
participation, to determine whether and the extent to which any
of the best practices are generally applicable on a delegation-
or authorization-wide basis to permitting under the statute; and
(2) not later than 2 years after the date of enactment of
this Act, make model recommendations for State modifications of
the applicable permit program to reflect the best practices
described in section 41002(c)(2)(B), as appropriate.

(b) Best Practices.--Lead and cooperating agencies may share with
State, tribal, and local authorities best practices involved in review
of covered projects and invite input from State, tribal, and local
authorities regarding best practices.
SEC. 41007. <> LITIGATION, JUDICIAL REVIEW,
AND SAVINGS PROVISION.

(a) Limitations on Claims.--
(1) In general.--Notwithstanding any other provision of law,
a claim arising under Federal law seeking judicial review of any
authorization issued by a Federal agency for a covered project
shall be barred unless--
(A) the action is filed not later than 2 years after
the date of publication in the Federal Register of the
final

[[Page 1759]]

record of decision or approval or denial of a permit,
unless a shorter time is specified in the Federal law
under which judicial review is allowed; and
(B) in the case of an action pertaining to an
environmental review conducted under NEPA--
(i) the action is filed by a party that
submitted a comment during the environmental
review; and
(ii) any commenter filed a sufficiently
detailed comment so as to put the lead agency on
notice of the issue on which the party seeks
judicial review, or the lead agency did not
provide a reasonable opportunity for such a
comment on that issue.
(2) New information.--
(A) In general.--The head of a lead agency or
participating agency shall consider new information
received after the close of a comment period if the
information satisfies the requirements under regulations
implementing NEPA.
(B) Separate action.--If Federal law requires the
preparation of a supplemental environmental impact
statement or other supplemental environmental document,
the preparation of such document shall be considered a
separate final agency action and the deadline for filing
a claim for judicial review of the agency action shall
be 2 years after the date on which a notice announcing
the final agency action is published in the Federal
Register, unless a shorter time is specified in the
Federal law under which judicial review is allowed.
(3) Rule of construction.--Nothing in this subsection
creates a right to judicial review or places any limit on filing
a claim that a person has violated the terms of an
authorization.

(b) Preliminary Injunctive Relief.--In addition to considering any
other applicable equitable factors, in any action seeking a temporary
restraining order or preliminary injunction against an agency or a
project sponsor in connection with review or authorization of a covered
project, the court shall--
(1) consider the potential effects on public health, safety,
and the environment, and the potential for significant negative
effects on jobs resulting from an order or injunction; and
(2) not presume that the harms described in paragraph (1)
are reparable.

(c) Judicial Review.--Except as provided in subsection (a), nothing
in this title affects the reviewability of any final Federal agency
action in a court of competent jurisdiction.
(d) Savings Clause.--Nothing in this title--
(1) supersedes, amends, or modifies any Federal statute or
affects the responsibility of any Federal officer to comply with
or enforce any statute; or
(2) creates a presumption that a covered project will be
approved or favorably reviewed by any agency.

(e) Limitations.--Nothing in this section preempts, limits, or
interferes with--
(1) any practice of seeking, considering, or responding to
public comment; or
(2) any power, jurisdiction, responsibility, or authority
that a Federal, State, or local governmental agency,
metropolitan planning organization, Indian tribe, or project
sponsor has with

[[Page 1760]]

respect to carrying out a project or any other provisions of law
applicable to any project, plan, or program.
SEC. 41008. <> REPORTS.

(a) Report to Congress.--
(1) In general.--Not later than April 15 of each year for 10
years beginning on the date of enactment of this Act, the
Executive Director shall submit to Congress a report detailing
the progress accomplished under this title during the previous
fiscal year.
(2) Contents.--The report described in paragraph (1) shall
assess the performance of each participating agency and lead
agency based on the best practices described in section
41002(c)(2)(B), including--
(A) agency progress in making improvements
consistent with those best practices; and
(B) agency compliance with the performance schedules
established under section 41002(c)(1)(C).
(3) Opportunity to include comments.--Each councilmember,
with input from the respective agency CERPO, shall have the
opportunity to include comments concerning the performance of
the agency in the report described in paragraph (1).

(b) Comptroller General Report.--Not later than 3 years after the
date of enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report that describes--
(1) agency progress in making improvements consistent with
the best practices issued under section 41002(c)(2)(B); and
(2) agency compliance with the performance schedules
established under section 41002(c)(1)(C).
SEC. 41009. <> FUNDING FOR GOVERNANCE,
OVERSIGHT, AND PROCESSING OF
ENVIRONMENTAL REVIEWS AND PERMITS.

(a) In General.--The heads of agencies listed in section
41002(b)(2)(B), with the guidance of the Director of the Office of
Management and Budget and in consultation with the Executive Director,
may, after public notice and opportunity for comment, issue regulations
establishing a fee structure for project proponents to reimburse the
United States for reasonable costs incurred in conducting environmental
reviews and authorizations for covered projects.
(b) Reasonable Costs.--As used in this section, the term
``reasonable costs'' shall include costs to implement the requirements
and authorities required under sections 41002 and 41003, including the
costs to agencies and the costs of operating the Council.
(c) Fee Structure.--The fee structure established under subsection
(a) shall--
(1) be developed in consultation with affected project
proponents, industries, and other stakeholders;
(2) exclude parties for which the fee would impose an undue
financial burden or is otherwise determined to be inappropriate;
and
(3) be established in a manner that ensures that the
aggregate amount of fees collected for a fiscal year is
estimated not to exceed 20 percent of the total estimated costs
for the fiscal year for the resources allocated for the conduct
of the

[[Page 1761]]

environmental reviews and authorizations covered by this title,
as determined by the Director of the Office of Management and
Budget.

(d) Environmental Review and Permitting Improvement Fund.--
(1) In general.--All amounts collected pursuant to this
section shall be deposited into a separate fund in the Treasury
of the United States to be known as the ``Environmental Review
Improvement Fund'' (referred to in this section as the
``Fund'').
(2) Availability.--Amounts in the Fund shall be available to
the Executive Director, without appropriation or fiscal year
limitation, solely for the purposes of administering,
implementing, and enforcing this title, including the expenses
of the Council.
(3) Transfer.--The Executive Director, with the approval of
the Director of the Office of Management and Budget, may
transfer amounts in the Fund to other agencies to facilitate
timely and efficient environmental reviews and authorizations
for proposed covered projects.

(e) Effect on Permitting.--The regulations adopted pursuant to
subsection (a) shall ensure that the use of funds accepted under
subsection (d) will not impact impartial decision-making with respect to
environmental reviews or authorizations, either substantively or
procedurally.
(f) Transfer of Appropriated Funds.--
(1) In general.--The heads of agencies listed in section
41002(b)(2)(B) shall have the authority to transfer, in
accordance with section 1535 of title 31, United States Code,
funds appropriated to those agencies and not otherwise obligated
to other affected Federal agencies for the purpose of
implementing the provisions of this title.
(2) Limitation.--Appropriations under title 23, United
States Code and appropriations for the civil works program of
the Army Corps of Engineers shall not be available for transfer
under paragraph (1).
SEC. 41010. <> APPLICATION.

This title applies to any covered project for which--
(1) a notice is filed under section 41003(a)(1); or
(2) an application or other request for a Federal
authorization is pending before a Federal agency 90 days after
the date of enactment of this Act.
SEC. 41011. <> GAO REPORT.

Not later than 3 years after the date of enactment of this Act, the
Comptroller General of the United States shall submit to Congress a
report that includes an analysis of whether the provisions of this title
could be adapted to streamline the Federal permitting process for
smaller projects that are not covered projects.
SEC. 41012. <> SAVINGS PROVISION.

Nothing in this title amends the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).
SEC. 41013. <> SUNSET.

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

[[Page 1762]]

SEC. 41014. <> PLACEMENT.

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

TITLE XLII--ADDITIONAL PROVISIONS

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

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

TITLE XLIII--PAYMENTS TO CERTIFIED STATES AND INDIAN TRIBES

SEC. 43001. PAYMENTS FROM ABANDONED MINE RECLAMATION FUND.

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

[[Page 1763]]

``(I) the final 2 installments in 2
separate payments of $82,700,000 each;
and
``(II) 2 separate payments of
$38,250,000 each.''; and
(2) by striking paragraphs (5) and (6).

DIVISION E-- <> EXPORT-IMPORT BANK OF THE UNITED STATES
SEC. 50001. <> SHORT TITLE.

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

TITLE LI--TAXPAYER PROTECTION PROVISIONS AND INCREASED ACCOUNTABILITY

SEC. 51001. REDUCTION IN AUTHORIZED AMOUNT OF OUTSTANDING LOANS,
GUARANTEES, AND INSURANCE.

Section 6(a) of the Export-Import Bank Act of 1945 (12 U.S.C.
635e(a)) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by striking paragraph (2) and inserting the following:
``(2) Applicable amount defined.--In this subsection, the
term `applicable amount', for each of fiscal years 2015 through
2019, means $135,000,000,000.
``(3) Freezing of lending cap if default rate is 2 percent
or more.--If the rate calculated under section 8(g)(1) is 2
percent or more for a quarter, the Bank may not exceed the
amount of loans, guarantees, and insurance outstanding on the
last day of that quarter until the rate calculated under section
8(g)(1) is less than 2 percent.''.
SEC. 51002. INCREASE IN LOSS RESERVES.

(a) In General.--Section 6 of the Export-Import Bank Act of 1945 (12
U.S.C. 635e) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:

``(b) Reserve Requirement.--The Bank shall build to and hold in
reserve, to protect against future losses, an amount that is not less
than 5 percent of the aggregate amount of disbursed and outstanding
loans, guarantees, and insurance of the Bank.''.
(b) <> Effective Date.--The amendment made by
subsection (a) shall take effect on the date that is one year after the
date of the enactment of this Act.
SEC. 51003. REVIEW OF FRAUD CONTROLS.

Section 17(b) of the Export-Import Bank Reauthorization Act of 2012
(12 U.S.C. 635a-6(b)) is amended to read as follows:
``(b) Review of Fraud Controls.--Not later than 4 years after the
date of the enactment of the Export-Import Bank Reform and
Reauthorization Act of 2015, and every 4 years thereafter, the
Comptroller General of the United States shall--

[[Page 1764]]

``(1) review the adequacy of the design and effectiveness of
the controls used by the Export-Import Bank of the United States
to prevent, detect, and investigate fraudulent applications for
loans and guarantees and the compliance by the Bank with the
controls, including by auditing a sample of Bank transactions;
and
``(2) submit a written report regarding the findings of the
review and providing such recommendations with respect to the
controls described in paragraph (1) as the Comptroller General
deems appropriate to--
``(A) the Committee on Banking, Housing, and Urban
Affairs and the Committee on Appropriations of the
Senate; and
``(B) the Committee on Financial Services and the
Committee on Appropriations of the House of
Representatives.''.
SEC. 51004. OFFICE OF ETHICS.

Section 3 of the Export-Import Bank Act of 1945 (12 U.S.C. 635a) is
amended by adding at the end the following:
``(k) Office of Ethics.--
``(1) Establishment.--There is established an Office of
Ethics within the Bank, which shall oversee all ethics issues
within the Bank.
``(2) Head of office.--
``(A) In general.--The head of the Office of Ethics
shall be the Chief Ethics Officer, who shall report to
the Board of Directors.
``(B) Appointment.--Not later than 180 days after
the date of the enactment of the Export-Import Bank
Reform and Reauthorization Act of 2015, the Chief Ethics
Officer shall be--
``(i) appointed by the President of the Bank
from among persons--
``(I) with a background in law who
have experience in the fields of law and
ethics; and
``(II) who are not serving in a
position requiring appointment by the
President of the United States before
being appointed to be Chief Ethics
Officer; and
``(ii) approved by the Board.
``(C) Designated agency ethics official.--The Chief
Ethics Officer shall serve as the designated agency
ethics official for the Bank pursuant to the Ethics in
Government Act of 1978 (5 U.S.C. App. 101 et seq.).
``(3) Duties.--The Office of Ethics has jurisdiction over
all employees of, and ethics matters relating to, the Bank. With
respect to employees of the Bank, the Office of Ethics shall--
``(A) recommend administrative actions to establish
or enforce standards of official conduct;
``(B) refer to the Office of the Inspector General
of the Bank alleged violations of--
``(i) the standards of ethical conduct
applicable to employees of the Bank under parts
2635 and 6201 of title 5, Code of Federal
Regulations;
``(ii) the standards of ethical conduct
established by the Chief Ethics Officer; and

[[Page 1765]]

``(iii) any other laws, rules, or regulations
governing the performance of official duties or
the discharge of official responsibilities that
are applicable to employees of the Bank;
``(C) report to appropriate Federal or State
authorities substantial evidence of a violation of any
law applicable to the performance of official duties
that may have been disclosed to the Office of Ethics;
and
``(D) render advisory opinions regarding the
propriety of any current or proposed conduct of an
employee or contractor of the Bank, and issue general
guidance on such matters as necessary.''.
SEC. 51005. CHIEF RISK OFFICER.

Section 3 of the Export-Import Bank Act of 1945 (12 U.S.C. 635a), as
amended by section 91004, is further amended by adding at the end the
following:
``(l) Chief Risk Officer.--
``(1) In general.--There shall be a Chief Risk Officer of
the Bank, who shall--
``(A) oversee all issues relating to risk within the
Bank; and
``(B) report to the President of the Bank.
``(2) Appointment.--Not later than 180 days after the date
of the enactment of the Export-Import Bank Reform and
Reauthorization Act of 2015, the Chief Risk Officer shall be--
``(A) appointed by the President of the Bank from
among persons--
``(i) with a demonstrated ability in the
general management of, and knowledge of and
extensive practical experience in, financial risk
evaluation practices in large governmental or
business entities; and
``(ii) who are not serving in a position
requiring appointment by the President of the
United States before being appointed to be Chief
Risk Officer; and
``(B) approved by the Board.
``(3) Duties.--The duties of the Chief Risk Officer are--
``(A) to be responsible for all matters related to
managing and mitigating all risk to which the Bank is
exposed, including the programs and operations of the
Bank;
``(B) to establish policies and processes for risk
oversight, the monitoring of management compliance with
risk limits, and the management of risk exposures and
risk controls across the Bank;
``(C) to be responsible for the planning and
execution of all Bank risk management activities,
including policies, reporting, and systems to achieve
strategic risk objectives;
``(D) to develop an integrated risk management
program that includes identifying, prioritizing,
measuring, monitoring, and managing internal control and
operating risks and other identified risks;
``(E) to ensure that the process for risk assessment
and underwriting for individual transactions considers
how each such transaction considers the effect of the
transaction on the concentration of exposure in the
overall portfolio of the Bank, taking into account fees,
collateralization, and historic default rates; and

[[Page 1766]]

``(F) to review the adequacy of the use by the Bank
of qualitative metrics to assess the risk of default
under various scenarios.''.
SEC. 51006. RISK MANAGEMENT COMMITTEE.

(a) In General.--Section 3 of the Export-Import Bank Act of 1945 (12
U.S.C. 635a), as amended by sections 91004 and 91005, is further amended
by adding at the end the following:
``(m) Risk Management Committee.--
``(1) Establishment.--There is established a management
committee to be known as the `Risk Management Committee'.
``(2) Membership.--The membership of the Risk Management
Committee shall be the members of the Board of Directors, with
the President and First Vice President of the Bank serving as ex
officio members.
``(3) Duties.--The duties of the Risk Management Committee
shall be--
``(A) to oversee, in conjunction with the Office of
the Chief Financial Officer of the Bank--
``(i) periodic stress testing on the entire
Bank portfolio, reflecting different market,
industry, and macroeconomic scenarios, and
consistent with common practices of commercial and
multilateral development banks; and
``(ii) the monitoring of industry, geographic,
and obligor exposure levels; and
``(B) to review all required reports on the default
rate of the Bank before submission to Congress under
section 8(g).''.

(b) <> Termination of Audit Committee.--Not
later than 180 days after the date of the enactment of this Act, the
Board of Directors of the Export-Import Bank of the United States shall
revise the bylaws of the Bank to terminate the Audit Committee
established by section 7 of the bylaws.
SEC. 51007. <> INDEPENDENT AUDIT OF BANK
PORTFOLIO.

(a) Audit.--The Inspector General of the Export-Import Bank of the
United States shall conduct an audit or evaluation of the portfolio risk
management procedures of the Bank, including a review of the
implementation by the Bank of the duties assigned to the Chief Risk
Officer under section 3(l) of the Export-Import Bank Act of 1945, as
amended by section 51005.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, and not less frequently than every 3 years thereafter, the
Inspector General shall submit to the Committee on Banking, Housing, and
Urban Affairs of the Senate and the Committee on Financial Services of
the House of Representatives a written report containing all findings
and determinations made in carrying out subsection (a).
SEC. 51008. <> PILOT PROGRAM FOR
REINSURANCE.

(a) In General.--Notwithstanding any provision of the Export-Import
Bank Act of 1945 (12 U.S.C. 635 et seq.), the Export-Import Bank of the
United States (in this section referred to as the ``Bank'') may
establish a pilot program under which the Bank may enter into contracts
and other arrangements to share risks associated with the provision of
guarantees, insurance, or credit,

[[Page 1767]]

or the participation in the extension of credit, by the Bank under that
Act.
(b) Limitations on Amount of Risk-Sharing.--
(1) Per contract or other arrangement.--The aggregate amount
of liability the Bank may transfer through risk-sharing pursuant
to a contract or other arrangement entered into under subsection
(a) may not exceed $1,000,000,000.
(2) Per year.--The aggregate amount of liability the Bank
may transfer through risk-sharing during a fiscal year pursuant
to contracts or other arrangements entered into under subsection
(a) during that fiscal year may not exceed $10,000,000,000.

(c) Annual Reports.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter through 2019, the Bank
shall submit to Congress a written report that contains a detailed
analysis of the use of the pilot program carried out under subsection
(a) during the year preceding the submission of the report.
(d) Rule of Construction.--Nothing in this section shall be
construed to affect, impede, or revoke any authority of the Bank.
(e) Termination.--The pilot program carried out under subsection (a)
shall terminate on September 30, 2019.

TITLE LII--PROMOTION OF SMALL BUSINESS EXPORTS

SEC. 52001. INCREASE IN SMALL BUSINESS LENDING REQUIREMENTS.

(a) In General.--Section 2(b)(1)(E)(v) of the Export-Import Bank Act
of 1945 (12 U.S.C. 635(b)(1)(E)(v)) is amended by striking ``20
percent'' and inserting ``25 percent''.
(b) <> Effective Date.--The amendment made
by subsection (a) shall apply with respect to fiscal year 2016 and each
fiscal year thereafter.
SEC. 52002. REPORT ON PROGRAMS FOR SMALL- AND MEDIUM-SIZED
BUSINESSES.

(a) In General.--Section 8 of the Export-Import Bank Act of 1945 (12
U.S.C. 635g) is amended by adding at the end the following:
``(k) Report on Programs for Small- and Medium-Sized Businesses.--
The Bank shall include in its annual report to Congress under subsection
(a) a report on the programs of the Bank for United States businesses
with less than $250,000,000 in annual sales.''.
(b) <> Effective Date.--The amendment made
by subsection (a) shall apply with respect to the report of the Export-
Import Bank of the United States submitted to Congress under section 8
of the Export-Import Bank Act of 1945 (12 U.S.C. 635g) for the first
year that begins after the date of the enactment of this Act.

[[Page 1768]]

TITLE LIII--MODERNIZATION OF OPERATIONS

SEC. 53001. ELECTRONIC PAYMENTS AND DOCUMENTS.

Section 2(b)(1) of the Export-Import Bank Act of 1945 (12 U.S.C.
635(b)(1)) is amended by adding at the end the following:
``(M) Not later than 2 years after the date of the enactment of the
Export-Import Bank Reform and Reauthorization Act of 2015, the Bank
shall implement policies--
``(i) to accept electronic documents with respect to
transactions whenever possible, including copies of bills of
lading, certifications, and compliance documents, in such manner
so as not to undermine any potential civil or criminal
enforcement related to the transactions; and
``(ii) to accept electronic payments in all of its
programs.''.
SEC. 53002. REAUTHORIZATION OF INFORMATION TECHNOLOGY UPDATING.

Section 3(j) of the Export-Import Act of 1945 (12 U.S.C. 635a(j)) is
amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``2012, 2013, and 2014'' and inserting ``2015
through 2019'';
(2) in paragraph (2)(B), by striking ``(I) the funds'' and
inserting ``(i) the funds''; and
(3) in paragraph (3), by striking ``2012, 2013, and 2014''
and inserting ``2015 through 2019''.

TITLE LIV--GENERAL PROVISIONS

SEC. 54001. EXTENSION OF AUTHORITY.

(a) In General.--Section 7 of the Export-Import Bank Act of 1945 (12
U.S.C. 635f) is amended by striking ``2014'' and inserting ``2019''.
(b) Dual-Use Exports.--Section 1(c) of Public Law 103-428 (12 U.S.C.
635 note) is amended by striking ``September 30, 2014'' and inserting
``the date on which the authority of the Export-Import Bank of the
United States expires under section 7 of the Export-Import Bank Act of
1945 (12 U.S.C. 635f)''.
(c) Sub-Saharan Africa Advisory Committee.--Section 2(b)(9)(B)(iii)
of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(9)(B)(iii)) is
amended by striking ``September 30, 2014'' and inserting ``the date on
which the authority of the Bank expires under section 7''.
(d) <> Effective Date.--The amendments made
by this section shall take effect on the earlier of the date of the
enactment of this Act or June 30, 2015.
SEC. 54002. CERTAIN UPDATED LOAN TERMS AND AMOUNTS.

(a) Loan Terms for Medium-Term Financing.--Section 2(a)(2)(A) of the
Export-Import Bank Act of 1945 (12 U.S.C. 635(a)(2)(A)) is amended--
(1) in clause (i), by striking ``; and'' and inserting a
semicolon; and
(2) by adding at the end the following:

[[Page 1769]]

``(iii) with principal amounts of not more than
$25,000,000; and''.

(b) Competitive Opportunities Relating to Insurance.--Section
2(d)(2) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(d)(2)) is
amended by striking ``$10,000,000'' and inserting ``$25,000,000''.
(c) Export Amounts for Small Business Loans.--Section 3(g)(3) of the
Export-Import Bank Act of 1945 (12 U.S.C. 635a(g)(3)) is amended by
striking ``$10,000,000'' and inserting ``$25,000,000''.
(d) Consideration of Environmental Effects.--Section 11(a)(1)(A) of
the Export-Import Bank Act of 1945 (12 U.S.C. 635i-5(a)(1)(A)) is
amended by striking ``$10,000,000 or more'' and inserting the following:
``$25,000,000 (or, if less than $25,000,000, the threshold established
pursuant to international agreements, including the Common Approaches
for Officially Supported Export Credits and Environmental and Social Due
Diligence, as adopted by the Organisation for Economic Co-operation and
Development Council on June 28, 2012, and the risk-management framework
adopted by financial institutions for determining, assessing, and
managing environmental and social risk in projects (commonly referred to
as the `Equator Principles')) or more''.
(e) <> Effective Date.--The amendments made
by this section shall apply with respect to fiscal year 2016 and each
fiscal year thereafter.

TITLE LV--OTHER MATTERS

SEC. 55001. PROHIBITION ON DISCRIMINATION BASED ON INDUSTRY.

Section 2 of the Export-Import Bank Act of 1945 (6 U.S.C. 635 et
seq.) is amended by adding at the end the following:
``(k) Prohibition on Discrimination Based on Industry.--
``(1) In general.--Except as provided in this Act, the Bank
may not--
``(A) deny an application for financing based solely
on the industry, sector, or business that the
application concerns; or
``(B) promulgate or implement policies that
discriminate against an application based solely on the
industry, sector, or business that the application
concerns.
``(2) Applicability.--The prohibitions under paragraph (1)
apply only to applications for financing by the Bank for
projects concerning the exploration, development, production, or
export of energy sources and the generation or transmission of
electrical power, or combined heat and power, regardless of the
energy source involved.''.
SEC. 55002. NEGOTIATIONS TO END EXPORT CREDIT FINANCING.

(a) In General.--Section 11 of the Export-Import Bank
Reauthorization Act of 2012 (12 U.S.C. 635a-5) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``Secretary of the Treasury (in this section
referred to as the `Secretary')'' and inserting
``President''; and
(B) in paragraph (1)--
(i) by striking ``(OECD)'' and inserting ``(in
this section referred to as the `OECD')''; and

[[Page 1770]]

(ii) by striking ``ultimate goal of
eliminating'' and inserting ``possible goal of
eliminating, before the date that is 10 years
after the date of the enactment of the Export-
Import Bank Reform and Reauthorization Act of
2015,'';
(2) in subsection (b), by striking ``Secretary'' each place
it appears and inserting ``President''; and
(3) by adding at the end the following:

``(c) Report on Strategy.--Not later than 180 days after the date of
the enactment of the Export-Import Bank Reform and Reauthorization Act
of 2015, the President shall submit to Congress a proposal, and a
strategy for achieving the proposal, that the United States Government
will pursue with other major exporting countries, including OECD members
and non-OECD members, to eliminate over a period of not more than 10
years subsidized export-financing programs, tied aid, export credits,
and all other forms of government-supported export subsidies.
``(d) Negotiations With Non-OECD Members.--The President shall
initiate and pursue negotiations with countries that are not OECD
members to bring those countries into a multilateral agreement
establishing rules and limitations on officially supported export
credits.
``(e) Annual Reports on Progress of Negotiations.--Not later than
180 days after the date of the enactment of the Export-Import Bank
Reform and Reauthorization Act of 2015, and annually thereafter through
calendar year 2019, the President shall submit to the Committee on
Banking, Housing, and Urban Affairs of the Senate and the Committee on
Financial Services of the House of Representatives a report on the
progress of any negotiations described in subsection (d).''.
(b) <> Effective Date.--The amendments
made by paragraphs (1) and (2) of subsection (a) shall apply with
respect to reports required to be submitted under section 11(b) of the
Export-Import Bank Reauthorization Act of 2012 (12 U.S.C. 635a-5(b))
after the date of the enactment of this Act.
SEC. 55003. STUDY OF FINANCING FOR INFORMATION AND COMMUNICATIONS
TECHNOLOGY SYSTEMS.

(a) Analysis of Information and Communications Technology Industry
Use of Bank Products.--The Export-Import Bank of the United States (in
this section referred to as the ``Bank'') shall conduct a study of the
extent to which the products offered by the Bank are available and used
by companies that export information and communications technology
services and related goods.
(b) Elements.--In conducting the study required by subsection (a),
the Bank shall examine the following:
(1) The number of jobs in the United States that are
supported by the export of information and communications
technology services and related goods, and the degree to which
access to financing will increase exports of such services and
related goods.
(2) The reduction in the financing by the Bank of exports of
information and communications technology services from 2003
through 2014.

[[Page 1771]]

(3) The activities of foreign export credit agencies to
facilitate the export of information and communications
technology services and related goods.
(4) Specific proposals for how the Bank could provide
additional financing for the exportation of information and
communications technology services and related goods through
risk-sharing with other export credit agencies and other third
parties.
(5) Proposals for new products the Bank could offer to
provide financing for exports of information and communications
technology services and related goods, including--
(A) the extent to which the Bank is authorized to
offer new products;
(B) the extent to which the Bank would need
additional authority to offer new products to meet the
needs of the information and communications technology
industry;
(C) specific proposals for changes in law that would
enable the Bank to provide increased financing for
exports of information and communications technology
services and related goods in compliance with the credit
and risk standards of the Bank;
(D) specific proposals that would enable the Bank to
provide increased outreach to the information and
communications technology industry about the products
the Bank offers; and
(E) specific proposals for changes in law that would
enable the Bank to provide the financing to build
information and communications technology
infrastructure, in compliance with the credit and risk
standards of the Bank, to allow for market access
opportunities for United States information and
communications technology companies to provide services
on the infrastructure being financed by the Bank.

(c) Report.--Not later than 180 days after the date of the enactment
of this Act, the Bank shall submit to Congress a report that contains
the results of the study required by subsection (a).

DIVISION F--ENERGY SECURITY

SEC. 61001. <> EMERGENCY PREPAREDNESS FOR
ENERGY SUPPLY DISRUPTIONS.

(a) Finding.--Congress finds that recent natural disasters have
underscored the importance of having resilient oil and natural gas
infrastructure and effective ways for industry and government to
communicate to address energy supply disruptions.
(b) Authorization for Activities to Enhance Emergency Preparedness
for Natural Disasters.--The Secretary of Energy shall develop and adopt
procedures to--
(1) improve communication and coordination between the
Department of Energy's energy response team, Federal partners,
and industry;
(2) leverage the Energy Information Administration's subject
matter expertise within the Department's energy response team to
improve supply chain situation assessments;

[[Page 1772]]

(3) establish company liaisons and direct communication with
the Department's energy response team to improve situation
assessments;
(4) streamline and enhance processes for obtaining temporary
regulatory relief to speed up emergency response and recovery;
(5) facilitate and increase engagement among States, the oil
and natural gas industry, and the Department in developing State
and local energy assurance plans;
(6) establish routine education and training programs for
key government emergency response positions with the Department
and States; and
(7) involve States and the oil and natural gas industry in
comprehensive drill and exercise programs.

(c) Cooperation.--The activities carried out under subsection (b)
shall include collaborative efforts with State and local government
officials and the private sector.
(d) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary of Energy shall submit to Congress a report
describing the effectiveness of the activities authorized under this
section.
SEC. 61002. RESOLVING ENVIRONMENTAL AND GRID RELIABILITY
CONFLICTS.

(a) Compliance With or Violation of Environmental Laws While Under
Emergency Order.--Section 202(c) of the Federal Power Act (16 U.S.C.
824a(c)) is amended--
(1) by inserting ``(1)'' after ``(c)''; and
(2) by adding at the end the following:

``(2) With respect to an order issued under this subsection that may
result in a conflict with a requirement of any Federal, State, or local
environmental law or regulation, the Commission shall ensure that such
order requires generation, delivery, interchange, or transmission of
electric energy only during hours necessary to meet the emergency and
serve the public interest, and, to the maximum extent practicable, is
consistent with any applicable Federal, State, or local environmental
law or regulation and minimizes any adverse environmental impacts.
``(3) To the extent any omission or action taken by a party, that is
necessary to comply with an order issued under this subsection,
including any omission or action taken to voluntarily comply with such
order, results in noncompliance with, or causes such party to not comply
with, any Federal, State, or local environmental law or regulation, such
omission or action shall not be considered a violation of such
environmental law or regulation, or subject such party to any
requirement, civil or criminal liability, or a citizen suit under such
environmental law or regulation.
``(4)(A) An order issued under this subsection that may result in a
conflict with a requirement of any Federal, State, or local
environmental law or regulation shall expire not later than 90 days
after it is issued. The Commission may renew or reissue such order
pursuant to paragraphs (1) and (2) for subsequent periods, not to exceed
90 days for each period, as the Commission determines necessary to meet
the emergency and serve the public interest.
``(B) In renewing or reissuing an order under subparagraph (A), the
Commission shall consult with the primary Federal agency

[[Page 1773]]

with expertise in the environmental interest protected by such law or
regulation, and shall include in any such renewed or reissued order such
conditions as such Federal agency determines necessary to minimize any
adverse environmental impacts to the extent practicable. The conditions,
if any, submitted by such Federal agency shall be made available to the
public. The Commission may exclude such a condition from the renewed or
reissued order if it determines that such condition would prevent the
order from adequately addressing the emergency necessitating such order
and provides in the order, or otherwise makes publicly available, an
explanation of such determination.
``(5) If an order issued under this subsection is subsequently
stayed, modified, or set aside by a court pursuant to section 313 or any
other provision of law, any omission or action previously taken by a
party that was necessary to comply with the order while the order was in
effect, including any omission or action taken to voluntarily comply
with the order, shall remain subject to paragraph (3).''.
(b) Temporary Connection or Construction by Municipalities.--Section
202(d) of the Federal Power Act (16 U.S.C. 824a(d)) is amended by
inserting ``or municipality'' before ``engaged in the transmission or
sale of electric energy''.
SEC. 61003. CRITICAL ELECTRIC INFRASTRUCTURE SECURITY.

(a) Critical Electric Infrastructure Security.--Part II of the
Federal Power Act (16 U.S.C. 824 et seq.) is amended by adding after
section 215 the following new section:
``SEC. 215A. <> CRITICAL ELECTRIC
INFRASTRUCTURE SECURITY.

``(a) Definitions.--For purposes of this section:
``(1) Bulk-power system; electric reliability organization;
regional entity.--The terms `bulk-power system', `Electric
Reliability Organization', and `regional entity' have the
meanings given such terms in paragraphs (1), (2), and (7) of
section 215(a), respectively.
``(2) Critical electric infrastructure.--The term `critical
electric infrastructure' means a system or asset of the bulk-
power system, whether physical or virtual, the incapacity or
destruction of which would negatively affect national security,
economic security, public health or safety, or any combination
of such matters.
``(3) Critical electric infrastructure information.--The
term `critical electric infrastructure information' means
information related to critical electric infrastructure, or
proposed critical electrical infrastructure, generated by or
provided to the Commission or other Federal agency, other than
classified national security information, that is designated as
critical electric infrastructure information by the Commission
or the Secretary pursuant to subsection (d). Such term includes
information that qualifies as critical energy infrastructure
information under the Commission's regulations.
``(4) Defense critical electric infrastructure.--The term
`defense critical electric infrastructure' means any electric
infrastructure located in any of the 48 contiguous States or the
District of Columbia that serves a facility designated by the
Secretary pursuant to subsection (c), but is not owned or
operated by the owner or operator of such facility.

[[Page 1774]]

``(5) Electromagnetic pulse.--The term `electromagnetic
pulse' means 1 or more pulses of electromagnetic energy emitted
by a device capable of disabling or disrupting operation of, or
destroying, electronic devices or communications networks,
including hardware, software, and data, by means of such a
pulse.
``(6) Geomagnetic storm.--The term `geomagnetic storm' means
a temporary disturbance of the Earth's magnetic field resulting
from solar activity.
``(7) Grid security emergency.--The term `grid security
emergency' means the occurrence or imminent danger of--
``(A)(i) a malicious act using electronic
communication or an electromagnetic pulse, or a
geomagnetic storm event, that could disrupt the
operation of those electronic devices or communications
networks, including hardware, software, and data, that
are essential to the reliability of critical electric
infrastructure or of defense critical electric
infrastructure; and
``(ii) disruption of the operation of such devices
or networks, with significant adverse effects on the
reliability of critical electric infrastructure or of
defense critical electric infrastructure, as a result of
such act or event; or
``(B)(i) a direct physical attack on critical
electric infrastructure or on defense critical electric
infrastructure; and
``(ii) significant adverse effects on the
reliability of critical electric infrastructure or of
defense critical electric infrastructure as a result of
such physical attack.
``(8) Secretary.--The term `Secretary' means the Secretary
of Energy.

``(b) Authority to Address Grid Security Emergency.--
``(1) Authority.--Whenever the President issues and provides
to the Secretary a written directive or determination
identifying a grid security emergency, the Secretary may, with
or without notice, hearing, or report, issue such orders for
emergency measures as are necessary in the judgment of the
Secretary to protect or restore the reliability of critical
electric infrastructure or of defense critical electric
infrastructure during such emergency. As soon as practicable but
not later than 180 days after the date of enactment of this
section, the Secretary shall, after notice and opportunity for
comment, establish rules of procedure that ensure that such
authority can be exercised expeditiously.
``(2) Notification of congress.--Whenever the President
issues and provides to the Secretary a written directive or
determination under paragraph (1), the President shall promptly
notify congressional committees of relevant jurisdiction,
including the Committee on Energy and Commerce of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate, of the contents of, and justification
for, such directive or determination.
``(3) Consultation.--Before issuing an order for emergency
measures under paragraph (1), the Secretary shall, to the extent
practicable in light of the nature of the grid security
emergency and the urgency of the need for action, consult with
appropriate governmental authorities in Canada and Mexico,
entities described in paragraph (4), the Electricity Sub-sector
Coordinating Council, the Commission, and other appropriate
Federal

[[Page 1775]]

agencies regarding implementation of such emergency measures.
``(4) Application.--An order for emergency measures under
this subsection may apply to--
``(A) the Electric Reliability Organization;
``(B) a regional entity; or
``(C) any owner, user, or operator of critical
electric infrastructure or of defense critical electric
infrastructure within the United States.
``(5) Expiration and reissuance.--
``(A) In general.--Except as provided in
subparagraph (B), an order for emergency measures issued
under paragraph (1) shall expire no later than 15 days
after its issuance.
``(B) Extensions.--The Secretary may reissue an
order for emergency measures issued under paragraph (1)
for subsequent periods, not to exceed 15 days for each
such period, provided that the President, for each such
period, issues and provides to the Secretary a written
directive or determination that the grid security
emergency identified under paragraph (1) continues to
exist or that the emergency measure continues to be
required.
``(6) Cost recovery.--
``(A) Critical electric infrastructure.--If the
Commission determines that owners, operators, or users
of critical electric infrastructure have incurred
substantial costs to comply with an order for emergency
measures issued under this subsection and that such
costs were prudently incurred and cannot reasonably be
recovered through regulated rates or market prices for
the electric energy or services sold by such owners,
operators, or users, the Commission shall, consistent
with the requirements of section 205, after notice and
an opportunity for comment, establish a mechanism that
permits such owners, operators, or users to recover such
costs.
``(B) Defense critical electric infrastructure.--To
the extent the owner or operator of defense critical
electric infrastructure is required to take emergency
measures pursuant to an order issued under this
subsection, the owners or operators of a critical
defense facility or facilities designated by the
Secretary pursuant to subsection (c) that rely upon such
infrastructure shall bear the full incremental costs of
the measures.
``(7) Temporary access to classified information.--The
Secretary, and other appropriate Federal agencies, shall, to the
extent practicable and consistent with their obligations to
protect classified information, provide temporary access to
classified information related to a grid security emergency for
which emergency measures are issued under paragraph (1) to key
personnel of any entity subject to such emergency measures to
enable optimum communication between the entity and the
Secretary and other appropriate Federal agencies regarding the
grid security emergency.

``(c) Designation of Critical Defense Facilities.--Not later than
180 days after the date of enactment of this section, the Secretary, in
consultation with other appropriate Federal agencies and appropriate
owners, users, or operators of infrastructure that

[[Page 1776]]

may be defense critical electric infrastructure, shall identify and
designate facilities located in the 48 contiguous States and the
District of Columbia that are--
``(1) critical to the defense of the United States; and
``(2) vulnerable to a disruption of the supply of electric
energy provided to such facility by an external provider.

The Secretary may, in consultation with appropriate Federal agencies and
appropriate owners, users, or operators of defense critical electric
infrastructure, periodically revise the list of designated facilities as
necessary.
``(d) Protection and Sharing of Critical Electric Infrastructure
Information.--
``(1) Protection of critical electric infrastructure
information.--Critical electric infrastructure information--
``(A) shall be exempt from disclosure under section
552(b)(3) of title 5, United States Code; and
``(B) shall not be made available by any Federal,
State, political subdivision or tribal authority
pursuant to any Federal, State, political subdivision or
tribal law requiring public disclosure of information or
records.
``(2) Designation and sharing of critical electric
infrastructure information.--Not later than one year after the
date of enactment of this section, the Commission, after
consultation with the Secretary, shall promulgate such
regulations as necessary to--
``(A) establish criteria and procedures to designate
information as critical electric infrastructure
information;
``(B) prohibit the unauthorized disclosure of
critical electric infrastructure information;
``(C) ensure there are appropriate sanctions in
place for Commissioners, officers, employees, or agents
of the Commission or the Department of Energy who
knowingly and willfully disclose critical electric
infrastructure information in a manner that is not
authorized under this section; and
``(D) taking into account standards of the Electric
Reliability Organization, facilitate voluntary sharing
of critical electric infrastructure information with,
between, and by--
``(i) Federal, State, political subdivision,
and tribal authorities;
``(ii) the Electric Reliability Organization;
``(iii) regional entities;
``(iv) information sharing and analysis
centers established pursuant to Presidential
Decision Directive 63;
``(v) owners, operators, and users of critical
electric infrastructure in the United States; and
``(vi) other entities determined appropriate
by the Commission.
``(3) Authority to designate.--Information may be designated
by the Commission or the Secretary as critical electric
infrastructure information pursuant to the criteria and
procedures established by the Commission under paragraph (2)(A).

[[Page 1777]]

``(4) Considerations.--In exercising their respective
authorities under this subsection, the Commission and the
Secretary shall take into consideration the role of State
commissions in reviewing the prudence and cost of investments,
determining the rates and terms of conditions for electric
services, and ensuring the safety and reliability of the bulk-
power system and distribution facilities within their respective
jurisdictions.
``(5) Protocols.--The Commission and the Secretary shall, in
consultation with Canadian and Mexican authorities, develop
protocols for the voluntary sharing of critical electric
infrastructure information with Canadian and Mexican authorities
and owners, operators, and users of the bulk-power system
outside the United States.
``(6) No required sharing of information.--Nothing in this
section shall require a person or entity in possession of
critical electric infrastructure information to share such
information with Federal, State, political subdivision, or
tribal authorities, or any other person or entity.
``(7) Submission of information to congress.--Nothing in
this section shall permit or authorize the withholding of
information from Congress, any committee or subcommittee
thereof, or the Comptroller General.
``(8) Disclosure of nonprotected information.--In
implementing this section, the Commission and the Secretary
shall segregate critical electric infrastructure information or
information that reasonably could be expected to lead to the
disclosure of the critical electric infrastructure information
within documents and electronic communications, wherever
feasible, to facilitate disclosure of information that is not
designated as critical electric infrastructure information.
``(9) Duration of designation.--Information may not be
designated as critical electric infrastructure information for
longer than 5 years, unless specifically re-designated by the
Commission or the Secretary, as appropriate.
``(10) Removal of designation.--The Commission or the
Secretary, as appropriate, shall remove the designation of
critical electric infrastructure information, in whole or in
part, from a document or electronic communication if the
Commission or the Secretary, as appropriate, determines that the
unauthorized disclosure of such information could no longer be
used to impair the security or reliability of the bulk-power
system or distribution facilities.
``(11) Judicial review of designations.--Notwithstanding
section 313(b), with respect to a petition filed by a person to
which an order under this section applies, any determination by
the Commission or the Secretary concerning the designation of
critical electric infrastructure information under this
subsection shall be subject to review under chapter 7 of title
5, United States Code, except that such review shall be brought
in the district court of the United States in the district in
which the complainant resides, or has his principal place of
business, or in the District of Columbia. In such a case the
court shall examine in camera the contents of documents or
electronic communications that are the subject of the
determination under review to determine whether such documents
or any part thereof were improperly designated or not designated
as critical electric infrastructure information.

[[Page 1778]]

``(e) Security Clearances.--The Secretary shall facilitate and, to
the extent practicable, expedite the acquisition of adequate security
clearances by key personnel of any entity subject to the requirements of
this section, to enable optimum communication with Federal agencies
regarding threats to the security of the critical electric
infrastructure. The Secretary, the Commission, and other appropriate
Federal agencies shall, to the extent practicable and consistent with
their obligations to protect classified and critical electric
infrastructure information, share timely actionable information
regarding grid security with appropriate key personnel of owners,
operators, and users of the critical electric infrastructure.
``(f) Clarifications of Liability.--
``(1) Compliance with or violation of this act.--Except as
provided in paragraph (4), to the extent any action or omission
taken by an entity that is necessary to comply with an order for
emergency measures issued under subsection (b)(1), including any
action or omission taken to voluntarily comply with such order,
results in noncompliance with, or causes such entity not to
comply with any rule, order, regulation, or provision of this
Act, including any reliability standard approved by the
Commission pursuant to section 215, such action or omission
shall not be considered a violation of such rule, order,
regulation, or provision.
``(2) Relation to section 202(c).--Except as provided in
paragraph (4), an action or omission taken by an owner,
operator, or user of critical electric infrastructure or of
defense critical electric infrastructure to comply with an order
for emergency measures issued under subsection (b)(1) shall be
treated as an action or omission taken to comply with an order
issued under section 202(c) for purposes of such section.
``(3) Sharing or receipt of information.--No cause of action
shall lie or be maintained in any Federal or State court for the
sharing or receipt of information under, and that is conducted
in accordance with, subsection (d).
``(4) Rule of construction.--Nothing in this subsection
shall be construed to require dismissal of a cause of action
against an entity that, in the course of complying with an order
for emergency measures issued under subsection (b)(1) by taking
an action or omission for which they would be liable but for
paragraph (1) or (2 ), takes such action or omission in a
grossly negligent manner.''.

(b) Conforming Amendments.--
(1) Jurisdiction.--Section 201(b)(2) of the Federal Power
Act (16 U.S.C. 824(b)(2)) is amended by inserting ``215A,''
after ``215,'' each place it appears.
(2) Public utility.--Section 201(e) of the Federal Power Act
(16 U.S.C. 824(e)) is amended by inserting ``215A,'' after
``215,''.

(c) <> Enhanced Grid Security.--
(1) Definitions.--In this subsection:
(A) Critical electric infrastructure; critical
electric infrastructure information.--The terms
``critical electric infrastructure'' and ``critical
electric infrastructure information'' have the meanings
given those terms in section 215A of the Federal Power
Act.

[[Page 1779]]

(B) Sector-specific agency.--The term ``Sector-
Specific Agency'' has the meaning given that term in the
Presidential Policy Directive entitled ``Critical
Infrastructure Security and Resilience'', numbered 21,
and dated February 12, 2013.
(2) Sector-specific agency for cybersecurity for the energy
sector.--
(A) In general.--The Department of Energy shall be
the lead Sector-Specific Agency for cybersecurity for
the energy sector.
(B) Duties.--As head of the designated Sector-
Specific Agency for cybersecurity, the duties of the
Secretary of Energy shall include--
(i) coordinating with the Department of
Homeland Security and other relevant Federal
departments and agencies;
(ii) collaborating with--
(I) critical electric infrastructure
owners and operators; and
(II) as appropriate--
(aa) independent regulatory
agencies; and
(bb) State, local, tribal,
and territorial entities;
(cc) serving as a day-to-day
Federal interface for the
dynamic prioritization and
coordination of sector-specific
activities;
(dd) carrying out incident
management responsibilities
consistent with applicable law
(including regulations) and
other appropriate policies or
directives;
(ee) providing, supporting,
or facilitating technical
assistance and consultations for
the energy sector to identify
vulnerabilities and help
mitigate incidents, as
appropriate; and
(ff) supporting the
reporting requirements of the
Department of Homeland Security
under applicable law by
providing, on an annual basis,
sector-specific critical
electric infrastructure
information.
SEC. 61004. STRATEGIC TRANSFORMER RESERVE.

(a) Finding.--Congress finds that the storage of strategically
located spare large power transformers and emergency mobile substations
will reduce the vulnerability of the United States to multiple risks
facing electric grid reliability, including physical attack, cyber
attack, electromagnetic pulse, geomagnetic disturbances, severe weather,
and seismic events.
(b) Definitions.--In this section:
(1) Bulk-power system.--The term ``bulk-power system'' has
the meaning given such term in section 215(a) of the Federal
Power Act (16 U.S.C. 824o(a)).
(2) Critically damaged large power transformer.--The term
``critically damaged large power transformer'' means a large
power transformer that--
(A) has sustained extensive damage such that--
(i) repair or refurbishment is not
economically viable; or

[[Page 1780]]

(ii) the extensive time to repair or refurbish
the large power transformer would create an
extended period of instability in the bulk-power
system; and
(B) prior to sustaining such damage, was part of the
bulk-power system.
(3) Critical electric infrastructure.--The term ``critical
electric infrastructure'' has the meaning given that term in
section 215A of the Federal Power Act.
(4) Electric reliability organization.--The term ``Electric
Reliability Organization'' has the meaning given such term in
section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)).
(5) Emergency mobile substation.--The term ``emergency
mobile substation'' means a mobile substation or mobile
transformer that is--
(A) assembled and permanently mounted on a trailer
that is capable of highway travel and meets relevant
Department of Transportation regulations; and
(B) intended for express deployment and capable of
being rapidly placed into service.
(6) Large power transformer.--The term ``large power
transformer'' means a power transformer with a maximum nameplate
rating of 100 megavolt-amperes or higher, including related
critical equipment, that is, or is intended to be, a part of the
bulk-power system.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(8) Spare large power transformer.--The term ``spare large
power transformer'' means a large power transformer that is
stored within the Strategic Transformer Reserve to be available
to temporarily replace a critically damaged large power
transformer.

(c) Strategic Transformer Reserve Plan.--
(1) Plan.--Not later than 1 year after the date of enactment
of this Act, the Secretary, acting through the Office of
Electricity Delivery and Energy Reliability, shall, in
consultation with the Federal Energy Regulatory Commission, the
Electricity Sub-sector Coordinating Council, the Electric
Reliability Organization, and owners and operators of critical
electric infrastructure and defense and military installations,
prepare and submit to Congress a plan to establish a Strategic
Transformer Reserve for the storage, in strategically located
facilities, of spare large power transformers and emergency
mobile substations in sufficient numbers to temporarily replace
critically damaged large power transformers and substations that
are critical electric infrastructure or serve defense and
military installations.
(2) Inclusions.--The Strategic Transformer Reserve plan
shall include a description of--
(A) the appropriate number and type of spare large
power transformers necessary to provide or restore
sufficient resiliency to the bulk-power system, critical
electric infrastructure, and defense and military
installations to mitigate significant impacts to the
electric grid resulting from--
(i) physical attack;
(ii) cyber attack;
(iii) electromagnetic pulse attack;

[[Page 1781]]

(iv) geomagnetic disturbances;
(v) severe weather; or
(vi) seismic events;
(B) other critical electric grid equipment for which
an inventory of spare equipment, including emergency
mobile substations, is necessary to provide or restore
sufficient resiliency to the bulk-power system, critical
electric infrastructure, and defense and military
installations;
(C) the degree to which utility sector actions or
initiatives, including individual utility ownership of
spare equipment, joint ownership of spare equipment
inventory, sharing agreements, or other spare equipment
reserves or arrangements, satisfy the needs identified
under subparagraphs (A) and (B);
(D) the potential locations for, and feasibility and
appropriate number of, strategic storage locations for
reserve equipment, including consideration of--
(i) the physical security of such locations;
(ii) the protection of the confidentiality of
such locations; and
(iii) the proximity of such locations to sites
of potentially critically damaged large power
transformers and substations that are critical
electric infrastructure or serve defense and
military installations, so as to enable efficient
delivery of equipment to such sites;
(E) the necessary degree of flexibility of spare
large power transformers to be included in the Strategic
Transformer Reserve to conform to different substation
configurations, including consideration of transformer--
(i) power and voltage rating for each winding;
(ii) overload requirements;
(iii) impedance between windings;
(iv) configuration of windings; and
(v) tap requirements;
(F) an estimate of the direct cost of the Strategic
Transformer Reserve, as proposed, including--
(i) the cost of storage facilities;
(ii) the cost of the equipment; and
(iii) management, maintenance, and operation
costs;
(G) the funding options available to establish,
stock, manage, and maintain the Strategic Transformer
Reserve, including consideration of fees on owners and
operators of bulk-power system facilities, critical
electric infrastructure, and defense and military
installations relying on the Strategic Transformer
Reserve, use of Federal appropriations, and public-
private cost-sharing options;
(H) the ease and speed of transportation,
installation, and energization of spare large power
transformers to be included in the Strategic Transformer
Reserve, including consideration of factors such as--
(i) transformer transportation weight;
(ii) transformer size;
(iii) topology of critical substations;
(iv) availability of appropriate transformer
mounting pads;

[[Page 1782]]

(v) flexibility of the spare large power
transformers as described in subparagraph (E); and
(vi) ability to rapidly transition a spare
large power transformer from storage to
energization;
(I) eligibility criteria for withdrawal of equipment
from the Strategic Transformer Reserve;
(J) the process by which owners or operators of
critically damaged large power transformers or
substations that are critical electric infrastructure or
serve defense and military installations may apply for a
withdrawal from the Strategic Transformer Reserve;
(K) the process by which equipment withdrawn from
the Strategic Transformer Reserve is returned to the
Strategic Transformer Reserve or is replaced;
(L) possible fees to be paid by users of equipment
withdrawn from the Strategic Transformer Reserve;
(M) possible fees to be paid by owners and operators
of large power transformers and substations that are
critical electric infrastructure or serve defense and
military installations to cover operating costs of the
Strategic Transformer Reserve;
(N) the domestic and international large power
transformer supply chain;
(O) the potential reliability, cost, and operational
benefits of including emergency mobile substations in
any Strategic Transformer Reserve established under this
section; and
(P) other considerations for designing,
constructing, stocking, funding, and managing the
Strategic Transformer Reserve.

(d) Disclosure of Information.--Any information included in the
Strategic Transformer Reserve plan, or shared in the preparation and
development of such plan, the disclosure of which could cause harm to
critical electric infrastructure, shall be exempt from disclosure under
section 552(b)(3) of title 5, United States Code, and any State, tribal,
or local law requiring disclosure of information or records.
SEC. 61005. ENERGY SECURITY VALUATION.

(a) Establishment of Energy Security Valuation Methods.--Not later
than 1 year after the date of enactment of this Act, the Secretary of
Energy, in collaboration with the Secretary of State, shall develop and
transmit, after public notice and comment, to the Committee on Energy
and Commerce and the Committee on Foreign Affairs of the House of
Representatives and the Committee on Energy and Natural Resources and
the Committee on Foreign Relations of the Senate a report that includes
recommended United States energy security valuation methods. In
developing the report, the Secretaries may consider the recommendations
of the Administration's Quadrennial Energy Review released on April 21,
2015. The report shall--
(1) evaluate and define United States energy security to
reflect modern domestic and global energy markets and the
collective needs of the United States and its allies and
partners;
(2) identify transparent and uniform or coordinated
procedures and criteria to ensure that energy-related actions
that significantly affect the supply, distribution, or use of
energy

[[Page 1783]]

are evaluated with respect to their potential impact on energy
security, including their impact on--
(A) consumers and the economy;
(B) energy supply diversity and resiliency;
(C) well-functioning and competitive energy markets;
(D) United States trade balance; and
(E) national security objectives; and
(3) include a recommended implementation strategy that
identifies and aims to ensure that the procedures and criteria
referred to in paragraph (2) are--
(A) evaluated consistently across the Federal
Government; and
(B) weighed appropriately and balanced with
environmental considerations required by Federal law.

(b) Participation.--In developing the report referred to in
subsection (a), the Secretaries may consult with relevant Federal,
State, private sector, and international participants, as appropriate
and consistent with applicable law.

DIVISION G--FINANCIAL SERVICES

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

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

Section 6(e)(1) of the Securities Act of 1933 (15 U.S.C. 77f(e)(1))
is amended by striking ``21 days'' and inserting ``15 days''.
SEC. 71002. GRACE PERIOD FOR CHANGE OF STATUS OF EMERGING GROWTH
COMPANIES.

Section 6(e)(1) of the Securities Act of 1933 (15 U.S.C. 77f(e)(1))
is further amended by adding at the end the following: ``An issuer that
was an emerging growth company at the time it submitted a confidential
registration statement or, in lieu thereof, a publicly filed
registration statement for review under this subsection but ceases to be
an emerging growth company thereafter shall continue to be treated as an
emerging market growth company for the purposes of this subsection
through the earlier of the date on which the issuer consummates its
initial public offering pursuant to such registrations statement or the
end of the 1-year period beginning on the date the company ceases to be
an emerging growth company.''.
SEC. 71003. SIMPLIFIED DISCLOSURE REQUIREMENTS FOR EMERGING GROWTH
COMPANIES.

Section 102 of the Jumpstart Our Business Startups Act (Public Law
112-106) <>  is amended by adding at the end the
following:

``(d) Simplified Disclosure Requirements.--With respect to an
emerging growth company (as such term is defined under section 2 of the
Securities Act of 1933):
``(1) Requirement to include notice on forms s-1 and f-1.--
Not later than 30 days after the date of enactment of this
subsection, the Securities and Exchange Commission shall

[[Page 1784]]

revise its general instructions on Forms S-1 and F-1 to indicate
that a registration statement filed (or submitted for
confidential review) by an issuer prior to an initial public
offering may omit financial information for historical periods
otherwise required by regulation S-X (17 CFR 210.1-01 et seq.)
as of the time of filing (or confidential submission) of such
registration statement, provided that--
``(A) the omitted financial information relates to a
historical period that the issuer reasonably believes
will not be required to be included in the Form S-1 or
F-1 at the time of the contemplated offering; and
``(B) prior to the issuer distributing a preliminary
prospectus to investors, such registration statement is
amended to include all financial information required by
such regulation S-X at the date of such amendment.
``(2) Reliance by issuers.--Effective 30 days after the date
of enactment of this subsection, an issuer filing a registration
statement (or submitting the statement for confidential review)
on Form S-1 or Form F-1 may omit financial information for
historical periods otherwise required by regulation S-X (17 CFR
210.1-01 et seq.) as of the time of filing (or confidential
submission) of such registration statement, provided that--
``(A) the omitted financial information relates to a
historical period that the issuer reasonably believes
will not be required to be included in the Form S-1 or
Form F-1 at the time of the contemplated offering; and
``(B) prior to the issuer distributing a preliminary
prospectus to investors, such registration statement is
amended to include all financial information required by
such regulation S-X at the date of such amendment.''.

TITLE LXXII--DISCLOSURE MODERNIZATION AND SIMPLIFICATION

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

Not later than the end of the 180-day period beginning on the date
of the enactment of this Act, the Securities and Exchange Commission
shall issue regulations to permit issuers to submit a summary page on
form 10-K (17 CFR 249.310), but only if each item on such summary page
includes a cross-reference (by electronic link or otherwise) to the
material contained in form 10-K to which such item relates.
SEC. 72002. <> IMPROVEMENT OF REGULATION
S-K.

Not later than the end of the 180-day period beginning on the date
of the enactment of this Act, the Securities and Exchange Commission
shall take all such actions to revise regulation S-K (17 CFR 229.10 et
seq.)--
(1) to further scale or eliminate requirements of regulation
S-K, in order to reduce the burden on emerging growth companies,
accelerated filers, smaller reporting companies, and other
smaller issuers, while still providing all material information
to investors;
(2) to eliminate provisions of regulation S-K, required for
all issuers, that are duplicative, overlapping, outdated, or
unnecessary; and

[[Page 1785]]

(3) for which the Commission determines that no further
study under section 72203 is necessary to determine the efficacy
of such revisions to regulation S-K.
SEC. 72003. <> STUDY ON MODERNIZATION AND
SIMPLIFICATION OF REGULATION S-K.

(a) Study.--The Securities and Exchange Commission shall carry out a
study of the requirements contained in regulation S-K (17 CFR 229.10 et
seq.). Such study shall--
(1) determine how best to modernize and simplify such
requirements in a manner that reduces the costs and burdens on
issuers while still providing all material information;
(2) emphasize a company by company approach that allows
relevant and material information to be disseminated to
investors without boilerplate language or static requirements
while preserving completeness and comparability of information
across registrants; and
(3) evaluate methods of information delivery and
presentation and explore methods for discouraging repetition and
the disclosure of immaterial information.

(b) Consultation.--In conducting the study required under subsection
(a), the Commission shall consult with the Investor Advisory Committee
and the Advisory Committee on Small and Emerging Companies.
(c) Report.--Not later than the end of the 360-day period beginning
on the date of enactment of this Act, the Commission shall issue a
report to the Congress containing--
(1) all findings and determinations made in carrying out the
study required under subsection (a);
(2) specific and detailed recommendations on modernizing and
simplifying the requirements in regulation S-K in a manner that
reduces the costs and burdens on companies while still providing
all material information; and
(3) specific and detailed recommendations on ways to improve
the readability and navigability of disclosure documents and to
discourage repetition and the disclosure of immaterial
information.

(d) Rulemaking.--Not later than the end of the 360-day period
beginning on the date that the report is issued to the Congress under
subsection (c), the Commission shall issue a proposed rule to implement
the recommendations of the report issued under subsection (c).
(e) Rule of Construction.--Revisions made to regulation S-K by the
Commission under section 202 shall not be construed as satisfying the
rulemaking requirements under this section.

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

SEC. 73001. TECHNICAL CORRECTIONS.

Title 31, United States Code, is amended--
(1) in section 5112--
(A) in subsection (q)--
(i) by striking paragraphs (3) and (8); and

[[Page 1786]]

(ii) by redesignating paragraphs (4), (5),
(6), and (7) as paragraphs (3), (4), (5), and (6),
respectively;
(B) in subsection (t)(6)(B), by striking ``90
percent silver and 10 percent copper'' and inserting
``not less than 90 percent silver''; and
(C) in subsection (v)--
(i) in paragraph (1), by striking ``Subject
to'' and all that follows through ``the Secretary
shall'' and inserting ``The Secretary shall'';
(ii) in paragraph (2)(A), by striking ``The
Secretary'' and inserting ``To the greatest extent
possible, the Secretary'';
(iii) in paragraph (5), by inserting after
``may issue'' the following: ``collectible
versions of''; and
(iv) by striking paragraph (8); and
(2) in section 5132(a)(2)(B)(i), by striking ``90 percent
silver and 10 percent copper'' and inserting ``not less than 90
percent silver''.
SEC. 73002. AMERICAN EAGLE SILVER BULLION 30TH ANNIVERSARY.

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

TITLE LXXIV--SBIC ADVISERS RELIEF

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

Section 203(l) of the Investment Advisers Act of 1940 (15 U.S.C.
80b-3(l)) is amended--
(1) by striking ``No investment adviser'' and inserting the
following:
``(1) In general.--No investment adviser''; and
(2) by adding at the end the following:
``(2) Advisers of sbics.--For purposes of this subsection, a
venture capital fund includes an entity described in
subparagraph (A), (B), or (C) of subsection (b)(7) (other than
an entity that has elected to be regulated or is regulated as a
business development company pursuant to section 54 of the
Investment Company Act of 1940).''.
SEC. 74002. ADVISERS OF SBICS AND PRIVATE FUNDS.

Section 203(m) of the Investment Advisers Act of 1940 (15 U.S.C.
80b-3(m)) is amended by adding at the end the following:
``(3) Advisers of sbics.--For purposes of this subsection,
the assets under management of a private fund that is an entity
described in subparagraph (A), (B), or (C) of subsection (b)(7)
(other than an entity that has elected to be regulated or is
regulated as a business development company pursuant to section
54 of the Investment Company Act of 1940) shall be excluded from
the limit set forth in paragraph (1).''.
SEC. 74003. RELATIONSHIP TO STATE LAW.

Section 203A(b)(1) of the Investment Advisers Act of 1940 (15 U.S.C.
80b-3a(b)(1)) is amended--
(1) in subparagraph (A), by striking ``or'' at the end;

[[Page 1787]]

(2) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(C) that is not registered under section 203
because that person is exempt from registration as
provided in subsection (b)(7) of such section, or is a
supervised person of such person.''.

TITLE LXXV--ELIMINATE PRIVACY NOTICE CONFUSION

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

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

shall not be required to provide an annual disclosure under this section
until such time as the financial institution fails to comply with any
criteria described in paragraph (1) or (2).''.

TITLE LXXVI--REFORMING ACCESS FOR INVESTMENTS IN STARTUP ENTERPRISES

SEC. 76001. EXEMPTED TRANSACTIONS.

(a) Exempted Transactions.--Section 4 of the Securities Act of 1933
(15 U.S.C. 77d) is amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(7) transactions meeting the requirements of subsection
(d).'';
(2) by redesignating the second subsection (b) (relating to
securities offered and sold in compliance with Rule 506 of
Regulation D) as subsection (c); and
(3) by adding at the end the following:

``(d) Certain Accredited Investor Transactions.--The transactions
referred to in subsection (a)(7) are transactions meeting the following
requirements:
``(1) Accredited investor requirement.--Each purchaser is an
accredited investor, as that term is defined in section
230.501(a) of title 17, Code of Federal Regulations (or any
successor regulation).
``(2) Prohibition on general solicitation or advertising.--
Neither the seller, nor any person acting on the seller's

[[Page 1788]]

behalf, offers or sells securities by any form of general
solicitation or general advertising.
``(3) Information requirement.--In the case of a transaction
involving the securities of an issuer that is neither subject to
section 13 or 15(d) of the Securities Exchange Act of 1934 (15
U.S.C. 78m; 78o(d)), nor exempt from reporting pursuant to
section 240.12g3-2(b) of title 17, Code of Federal Regulations,
nor a foreign government (as defined in section 230.405 of title
17, Code of Federal Regulations) eligible to register securities
under Schedule B, the seller and a prospective purchaser
designated by the seller obtain from the issuer, upon request of
the seller, and the seller in all cases makes available to a
prospective purchaser, the following information (which shall be
reasonably current in relation to the date of resale under this
section):
``(A) The exact name of the issuer and the issuer's
predecessor (if any).
``(B) The address of the issuer's principal
executive offices.
``(C) The exact title and class of the security.
``(D) The par or stated value of the security.
``(E) The number of shares or total amount of the
securities outstanding as of the end of the issuer's
most recent fiscal year.
``(F) The name and address of the transfer agent,
corporate secretary, or other person responsible for
transferring shares and stock certificates.
``(G) A statement of the nature of the business of
the issuer and the products and services it offers,
which shall be presumed reasonably current if the
statement is as of 12 months before the transaction
date.
``(H) The names of the officers and directors of the
issuer.
``(I) The names of any persons registered as a
broker, dealer, or agent that shall be paid or given,
directly or indirectly, any commission or remuneration
for such person's participation in the offer or sale of
the securities.
``(J) The issuer's most recent balance sheet and
profit and loss statement and similar financial
statements, which shall--
``(i) be for such part of the 2 preceding
fiscal years as the issuer has been in operation;
``(ii) be prepared in accordance with
generally accepted accounting principles or, in
the case of a foreign private issuer, be prepared
in accordance with generally accepted accounting
principles or the International Financial
Reporting Standards issued by the International
Accounting Standards Board;
``(iii) be presumed reasonably current if--
``(I) with respect to the balance
sheet, the balance sheet is as of a date
less than 16 months before the
transaction date; and
``(II) with respect to the profit
and loss statement, such statement is
for the 12 months preceding the date of
the issuer's balance sheet; and

[[Page 1789]]

``(iv) if the balance sheet is not as of a
date less than 6 months before the transaction
date, be accompanied by additional statements of
profit and loss for the period from the date of
such balance sheet to a date less than 6 months
before the transaction date.
``(K) To the extent that the seller is a control
person with respect to the issuer, a brief statement
regarding the nature of the affiliation, and a statement
certified by such seller that they have no reasonable
grounds to believe that the issuer is in violation of
the securities laws or regulations.
``(4) Issuers disqualified.--The transaction is not for the
sale of a security where the seller is an issuer or a
subsidiary, either directly or indirectly, of the issuer.
``(5) Bad actor prohibition.--Neither the seller, nor any
person that has been or will be paid (directly or indirectly)
remuneration or a commission for their participation in the
offer or sale of the securities, including solicitation of
purchasers for the seller is subject to an event that would
disqualify an issuer or other covered person under Rule
506(d)(1) of Regulation D (17 CFR 230.506(d)(1)) or is subject
to a statutory disqualification described under section 3(a)(39)
of the Securities Exchange Act of 1934.
``(6) Business requirement.--The issuer is engaged in
business, is not in the organizational stage or in bankruptcy or
receivership, and is not a blank check, blind pool, or shell
company that has no specific business plan or purpose or has
indicated that the issuer's primary business plan is to engage
in a merger or combination of the business with, or an
acquisition of, an unidentified person.
``(7) Underwriter prohibition.--The transaction is not with
respect to a security that constitutes the whole or part of an
unsold allotment to, or a subscription or participation by, a
broker or dealer as an underwriter of the security or a
redistribution.
``(8) Outstanding class requirement.--The transaction is
with respect to a security of a class that has been authorized
and outstanding for at least 90 days prior to the date of the
transaction.

``(e) Additional Requirements.--
``(1) In general.--With respect to an exempted transaction
described under subsection (a)(7):
``(A) Securities acquired in such transaction shall
be deemed to have been acquired in a transaction not
involving any public offering.
``(B) Such transaction shall be deemed not to be a
distribution for purposes of section 2(a)(11).
``(C) Securities involved in such transaction shall
be deemed to be restricted securities within the meaning
of Rule 144 (17 CFR 230.144).
``(2) Rule of construction.--The exemption provided by
subsection (a)(7) shall not be the exclusive means for
establishing an exemption from the registration requirements of
section 5.''.

(b) Exemption in Connection With Certain Exempt Offerings.--Section
18(b)(4) of the Securities Act of 1933 (15 U.S.C. 77r(b)(4)) is
amended--

[[Page 1790]]

(1) by redesignating the second subparagraph (D) and
subparagraph (E) as subparagraphs (E) and (F), respectively;
(2) in subparagraph (E), as so redesignated, by striking ``;
or'' and inserting a semicolon;
(3) in subparagraph (F), as so redesignated, by striking the
period and inserting ``; or''; and
(4) by adding at the end the following new subparagraph:
``(G) section 4(a)(7).''.

TITLE LXXVII--PRESERVATION ENHANCEMENT AND SAVINGS OPPORTUNITY

SEC. 77001. DISTRIBUTIONS AND RESIDUAL RECEIPTS.

Section 222 of the Low-Income Housing Preservation and Resident
Homeownership Act of 1990 (12 U.S.C. 4112) is amended by adding at the
end the following new subsection:
``(e) Distribution and Residual Receipts.--
``(1) Authority.--After the date of the enactment of this
subsection, the owner of a property subject to a plan of action
or use agreement pursuant to this section shall be entitled to
distribute--
``(A) annually, all surplus cash generated by the
property, but only if the owner is in material
compliance with such use agreement including compliance
with prevailing physical condition standards established
by the Secretary; and
``(B) notwithstanding any conflicting provision in
such use agreement, any funds accumulated in a residual
receipts account, but only if the owner is in material
compliance with such use agreement and has completed, or
set aside sufficient funds for completion of, any
capital repairs identified by the most recent third
party capital needs assessment.
``(2) Operation of property.--An owner that distributes any
amounts pursuant to paragraph (1) shall--
``(A) continue to operate the property in accordance
with the affordability provisions of the use agreement
for the property for the remaining useful life of the
property;
``(B) as required by the plan of action for the
property, continue to renew or extend any project-based
rental assistance contract for a term of not less than
20 years; and
``(C) if the owner has an existing multi-year
project-based rental assistance contract for less than
20 years, have the option to extend the contract to a
20-year term.''.
SEC. 77002. FUTURE REFINANCINGS.

Section 214 of the Low-Income Housing Preservation and Resident
Homeownership Act of 1990 (12 U.S.C. 4104) is amended by adding at the
end the following new subsection:
``(c) Future Financing.--Neither this section, nor any plan of
action or use agreement implementing this section, shall restrict an
owner from obtaining a new loan or refinancing an existing loan secured
by the project, or from distributing the proceeds of such a loan; except
that, in conjunction with such refinancing--

[[Page 1791]]

``(1) the owner shall provide for adequate rehabilitation
pursuant to a capital needs assessment to ensure long-term
sustainability of the property satisfactory to the lender or
bond issuance agency;
``(2) any resulting budget-based rent increase shall include
debt service on the new financing, commercially reasonable debt
service coverage, and replacement reserves as required by the
lender; and
``(3) for tenants of dwelling units not covered by a
project- or tenant-based rental subsidy, any rent increases
resulting from the refinancing transaction may not exceed 10
percent per year, except that--
``(A) any tenant occupying a dwelling unit as of
time of the refinancing may not be required to pay for
rent and utilities, for the duration of such tenancy, an
amount that exceeds the greater of--
``(i) 30 percent of the tenant's income; or
``(ii) the amount paid by the tenant for rent
and utilities immediately before such refinancing;
and
``(B) this paragraph shall not apply to any tenant
who does not provide the owner with proof of income.

Paragraph (3) may not be construed to limit any rent increases resulting
from increased operating costs for a project.''.
SEC. 77003. <> IMPLEMENTATION.

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

TITLE LXXVIII--TENANT INCOME VERIFICATION RELIEF

SEC. 78001. REVIEWS OF FAMILY INCOMES.

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

[[Page 1792]]

TITLE LXXIX--HOUSING ASSISTANCE EFFICIENCY

SEC. 79001. AUTHORITY TO ADMINISTER RENTAL ASSISTANCE.

Subsection (g) of section 423 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11383(g)) is amended by inserting ``private
nonprofit organization,'' after ``unit of general local government,''.
SEC. 79002. REALLOCATION OF FUNDS.

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

TITLE LXXX--CHILD SUPPORT ASSISTANCE

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

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

TITLE LXXXI--PRIVATE INVESTMENT IN HOUSING

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

(a) Establishment.--The Secretary of Housing and Urban Development
(in this section referred to as the ``Secretary'') shall establish a
demonstration program under which the Secretary may execute budget-
neutral, performance-based agreements in fiscal years 2016 through 2019
that result in a reduction in energy or water costs with such entities
as the Secretary determines to be appropriate under which the entities
shall carry out projects for energy or water conservation improvements
at not more than 20,000 residential units in multifamily buildings
participating in--
(1) the project-based rental assistance program under
section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f), other than assistance provided under section 8(o) of
that Act;

[[Page 1793]]

(2) the supportive housing for the elderly program under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q); or
(3) the supportive housing for persons with disabilities
program under section 811(d)(2) of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 8013(d)(2)).

(b) Requirements.--
(1) Payments contingent on savings.--
(A) In general.--The Secretary shall provide to an
entity a payment under an agreement under this section
only during applicable years for which an energy or
water cost savings is achieved with respect to the
applicable multifamily portfolio of properties, as
determined by the Secretary, in accordance with
subparagraph (B).
(B) Payment methodology.--
(i) In general.--Each agreement under this
section shall include a pay-for-success provision
that--
(I) shall serve as a payment
threshold for the term of the agreement;
and
(II) requires that payments shall be
contingent on realized cost savings
associated with reduced utility
consumption in the participating
properties.
(ii) Limitations.--A payment made by the
Secretary under an agreement under this section--
(I) shall be contingent on
documented utility savings; and
(II) shall not exceed the utility
savings achieved by the date of the
payment, and not previously paid, as a
result of the improvements made under
the agreement.
(C) Third-party verification.--Savings payments made
by the Secretary under this section shall be based on a
measurement and verification protocol that includes at
least--
(i) establishment of a weather-normalized and
occupancy-normalized utility consumption baseline
established pre-retrofit;
(ii) annual third-party confirmation of actual
utility consumption and cost for utilities;
(iii) annual third-party validation of the
tenant utility allowances in effect during the
applicable year and vacancy rates for each unit
type; and
(iv) annual third-party determination of
savings to the Secretary.
An agreement under this section with an entity shall
provide that the entity shall cover costs associated
with third-party verification under this subparagraph.
(2) Terms of performance-based agreements.--A performance-
based agreement under this section shall include--
(A) the period that the agreement will be in effect
and during which payments may be made, which may not be
longer than 12 years;
(B) the performance measures that will serve as
payment thresholds during the term of the agreement;
(C) an audit protocol for the properties covered by
the agreement;

[[Page 1794]]

(D) a requirement that payments shall be contingent
on realized cost savings associated with reduced utility
consumption in the participating properties; and
(E) such other requirements and terms as determined
to be appropriate by the Secretary.
(3) Entity eligibility.--The Secretary shall--
(A) establish a competitive process for entering
into agreements under this section; and
(B) enter into such agreements only with entities
that, either jointly or individually, demonstrate
significant experience relating to--
(i) financing or operating properties
receiving assistance under a program identified in
subsection (a);
(ii) oversight of energy or water conservation
programs, including oversight of contractors; and
(iii) raising capital for energy or water
conservation improvements from charitable
organizations or private investors.
(4) Geographical diversity.--Each agreement entered into
under this section shall provide for the inclusion of properties
with the greatest feasible regional and State variance.
(5) Properties.--A property may only be included in the
demonstration under this section only if the property is subject
to affordability restrictions for at least 15 years after the
date of the completion of any conservation improvements made to
the property under the demonstration program. Such restrictions
may be made through an extended affordability agreement for the
property under a new housing assistance payments contract with
the Secretary of Housing and Urban Development or through an
enforceable covenant with the owner of the property.

(c) Plan and Reports.--
(1) Plan.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall submit to the
Committees on Appropriations and Financial Services of the House
of Representatives and the Committees on Appropriations and
Banking, Housing, and Urban Affairs of the Senate a detailed
plan for the implementation of this section.
(2) Reports.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary
shall--
(A) conduct an evaluation of the program under this
section; and
(B) submit to Congress a report describing each
evaluation conducted under subparagraph (A).

(d) Funding.--For each fiscal year during which an agreement under
this section is in effect, the Secretary may use to carry out this
section any funds appropriated to the Secretary for the renewal of
contracts under a program described in subsection (a).

[[Page 1795]]

TITLE LXXXII--CAPITAL ACCESS FOR SMALL COMMUNITY FINANCIAL INSTITUTIONS

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

(a) In General.--Section 4(a) of the Federal Home Loan Bank Act (12
U.S.C. 1424(a)) is amended by adding at the end the following new
paragraph:
``(5) Certain privately insured credit unions.--
``(A) In general.--Subject to the requirements of
subparagraph (B), a credit union shall be treated as an
insured depository institution for purposes of
determining the eligibility of such credit union for
membership in a Federal home loan bank under paragraphs
(1), (2), and (3).
``(B) Certification by appropriate supervisor.--
``(i) In general.--For purposes of this
paragraph and subject to clause (ii), a credit
union which lacks Federal deposit insurance and
which has applied for membership in a Federal home
loan bank may be treated as meeting all the
eligibility requirements for Federal deposit
insurance only if the appropriate supervisor of
the State in which the credit union is chartered
has determined that the credit union meets all the
eligibility requirements for Federal deposit
insurance as of the date of the application for
membership.
``(ii) Certification deemed valid.--If, in the
case of any credit union to which clause (i)
applies, the appropriate supervisor of the State
in which such credit union is chartered fails to
make a determination pursuant to such clause by
the end of the 6-month period beginning on the
date of the application, the credit union shall be
deemed to have met the requirements of clause (i).
``(C) Security interests of federal home loan bank
not avoidable.--Notwithstanding any provision of State
law authorizing a conservator or liquidating agent of a
credit union to repudiate contracts, no such provision
shall apply with respect to--
``(i) any extension of credit from any Federal
home loan bank to any credit union which is a
member of any such bank pursuant to this
paragraph; or
``(ii) any security interest in the assets of
such credit union securing any such extension of
credit.
``(D) Protection for certain federal home loan bank
advances.--Notwithstanding any State law to the
contrary, if a Bank makes an advance under section 10 to
a State-chartered credit union that is not federally
insured--
``(i) the Bank's interest in any collateral
securing such advance has the same priority and is
afforded the same standing and rights that the
security interest

[[Page 1796]]

would have had if the advance had been made to a
federally insured credit union; and
``(ii) the Bank has the same right to access
such collateral that the Bank would have had if
the advance had been made to a federally insured
credit union.''.

(b) Copies of Audits of Private Insurers of Certain Depository
Institutions Required To Be Provided to Supervisory Agencies.--Section
43(a)(2)(A) of the Federal Deposit Insurance Act (12 U.S.C.
1831t(a)(2)(A)) is amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(3) by inserting at the end the following new clause:
``(iii) in the case of depository institutions
described in subsection (e)(2)(A) the deposits of
which are insured by the private insurer which are
members of a Federal home loan bank, to the
Federal Housing Finance Agency, not later than 7
days after the audit is completed.''.
SEC. 82002. GAO REPORT.

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

TITLE LXXXIII--SMALL BANK EXAM CYCLE REFORM

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

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

[[Page 1797]]

TITLE LXXXIV--SMALL COMPANY SIMPLE REGISTRATION

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

Not later than 45 days after the date of the enactment of this Act,
the Securities and Exchange Commission shall revise Form S-1 so as to
permit a smaller reporting company (as defined in section 230.405 of
title 17, Code of Federal Regulations) to incorporate by reference in a
registration statement filed on such form any documents that such
company files with the Commission after the effective date of such
registration statement.

TITLE LXXXV--HOLDING COMPANY REGISTRATION THRESHOLD EQUALIZATION

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

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

TITLE LXXXVI--REPEAL OF INDEMNIFICATION REQUIREMENTS

SEC. 86001. REPEAL.

(a) Derivatives Clearing Organizations.--Section 5b(k)(5) of the
Commodity Exchange Act (7 U.S.C. 7a-1(k)(5)) is amended to read as
follows:
``(5) Confidentiality agreement.--Before the Commission may
share information with any entity described in paragraph (4),
the Commission shall receive a written agreement from each
entity stating that the entity shall abide by the
confidentiality requirements described in section 8 relating to
the information on swap transactions that is provided.''.

(b) Swap Data Repositories.--Section 21 of the Commodity Exchange
Act (7 U.S.C. 24a(d)) is amended--
(1) in subsection (c)(7)--

[[Page 1798]]

(A) in the matter preceding subparagraph (A), by
striking ``all'' and inserting ``swap''; and
(B) in subparagraph (E)--
(i) in clause (ii), by striking ``and'' at the
end; and
(ii) by adding at the end the following:
``(iv) other foreign authorities; and''; and
(2) by striking subsection (d) and inserting the following:

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

(d) <> Effective Date.--The amendments made
by this section shall take effect as if enacted as part of the Dodd-
Frank Wall Street Reform and Consumer Protection Act (Public Law 111-
203).

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

SEC. 87001. DATE FOR DETERMINING CONSOLIDATED ASSETS.

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

[[Page 1799]]

TITLE LXXXVIII <> --STATE
LICENSING EFFICIENCY
SEC. 88001. <> SHORT TITLE.

This title may be cited as the ``State Licensing Efficiency Act of
2015''.
SEC. 88002. BACKGROUND CHECKS.

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

TITLE LXXXIX <> --HELPING EXPAND LENDING PRACTICES IN RURAL
COMMUNITIES
SEC. 89001. <> SHORT TITLE.

This title may be cited as the ``Helping Expand Lending Practices in
Rural Communities Act of 2015'' or the ``HELP Rural Communities Act of
2015''.
SEC. 89002. <> DESIGNATION OF RURAL AREA.

(a) Application.--Not later than 90 days after the date of the
enactment of this Act, the Bureau of Consumer Financial Protection shall
establish an application process under which a person who lives or does
business in a State may, with respect to an area identified by the
person in such State that has not been designated by the Bureau as a
rural area for purposes of a Federal consumer financial law (as defined
under section 1002 of the Consumer Financial Protection Act of 2010),
apply for such area to be so designated.
(b) Evaluation Criteria.--When evaluating an application submitted
under subsection (a), the Bureau shall take into consideration the
following factors:
(1) Criteria used by the Director of the Bureau of the
Census for classifying geographical areas as rural or urban.
(2) Criteria used by the Director of the Office of
Management and Budget to designate counties as metropolitan or
micropolitan or neither.
(3) Criteria used by the Secretary of Agriculture to
determine property eligibility for rural development programs.
(4) The Department of Agriculture rural-urban commuting area
codes.
(5) A written opinion provided by the State's bank
supervisor, as defined under section 3(r) of the Federal Deposit
Insurance Act (12 U.S.C. 1813(r)).
(6) Population density.

(c) Rule of Construction.--If, at any time prior to the submission
of an application under subsection (a), the area subject to review has
been designated as nonrural by any Federal agency described under
subsection (b) using any of the criteria described

[[Page 1800]]

under subsection (b), the Bureau shall not be required to consider such
designation in its evaluation.
(d) Public Comment Period.--
(1) In general.--Not later than 60 days after receiving an
application submitted under subsection (a), the Bureau shall--
(A) publish such application in the Federal
Register; and
(B) make such application available for public
comment for not fewer than 90 days.
(2)  Limitation on additional applications.--Nothing in this
section shall be construed to require the Bureau, during the
public comment period with respect to an application submitted
under subsection (a), to accept an additional application with
respect to the area that is the subject of the initial
application.

(e) Decision on Designation.--Not later than 90 days after the end
of the public comment period under subsection (d)(1) for an application,
the Bureau shall--
(1) grant or deny such application, in whole or in part; and
(2) publish such grant or denial in the Federal Register,
along with an explanation of what factors the Bureau relied on
in making such determination.

(f) Subsequent Applications.--A decision by the Bureau under
subsection (e) to deny an application for an area to be designated as a
rural area shall not preclude the Bureau from accepting a subsequent
application submitted under subsection (a) for such area to be so
designated, so long as such subsequent application is made after the end
of the 90-day period beginning on the date that the Bureau denies the
application under subsection (e).
(g) Sunset.--This section shall cease to have any force or effect
after the end of the 2-year period beginning on the date of the
enactment of this Act.
SEC. 89003. OPERATIONS IN RURAL AREAS.

The Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended--

[[Page 1801]]

(1) <> in section 129C(b)(2)(E)(iv)(I),
by striking ``predominantly''; and
(2) <> in section 129D(c)(1), by
striking ``predominantly''.

Approved December 4, 2015.

LEGISLATIVE HISTORY--H.R. 22:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 114-357 (Comm. of Conference).
SENATE REPORTS: No. 114-3 (Comm. on Finance).
CONGRESSIONAL RECORD, Vol. 161 (2015):
Jan. 6, considered and passed House.
July 24, 26-30, considered and passed Senate, amended.
Nov. 3-5, House concurred in certain Senate amendment and in
another with an amendment.
Dec. 3, House and Senate agreed to conference report.