I 

114TH CONGRESS 

1ST SESSION H. R. 3763 

To authorize funds for Federal-aid highways, highway safety programs, and 

transit programs, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 20, 2015 

Mr. SHUSTER (for himself, Mr. DEFAZIO, Mr. GRAVES of Missouri, and Ms. 

NORTON) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure 

A BILL 

To authorize funds for Federal-aid highways, highway safety 

programs, and transit programs, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Surface Transportation Reauthorization and Reform Act 

6 of 2015’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Effective date. 


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TITLE I—FEDERAL-AID HIGHWAYS 

Subtitle A—Authorizations and Programs 

Sec. 1101. Authorization of appropriations. 

Sec. 1102. Obligation ceiling. 

Sec. 1103. Definitions. 

Sec. 1104. Apportionment. 

Sec. 1105. National highway performance program. 

Sec. 1106. Surface transportation block grant program. 

Sec. 1107. Railway-highway grade crossings. 

Sec. 1108. Highway safety improvement program. 

Sec. 1109. Congestion mitigation and air quality improvement program. 

Sec. 1110. National highway freight policy. 

Sec. 1111. Nationally significant freight and highway projects. 

Sec. 1112. Territorial and Puerto Rico highway program. 

Sec. 1113. Federal lands and tribal transportation program. 

Sec. 1114. Tribal transportation program. 

Sec. 1115. Federal lands transportation program. 

Sec. 1116. Tribal transportation self-governance program. 

Sec. 1117. Emergency relief. 

Sec. 1118. Highway use tax evasion projects. 

Sec. 1119. Bundling of bridge projects. 

Sec. 1120. Tribal High Priority Projects program. 

Sec. 1121. Construction of ferry boats and ferry terminal facilities. 

Subtitle B—Planning and Performance Management 

Sec. 1201. Metropolitan transportation planning. 

Sec. 1202. Statewide and nonmetropolitan transportation planning. 

Subtitle C—Acceleration of Project Delivery 

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

Sec. 1302. Treatment of improvements to rail and transit under preservation 

requirements. 

Sec. 1303. Clarification of transportation environmental authorities. 

Sec. 1304. Treatment of certain bridges under preservation requirements. 

Sec. 1305. Efficient environmental reviews for project decisionmaking. 

Sec. 1306. Improving transparency in environmental reviews. 

Sec. 1307. Integration of planning and environmental review. 

Sec. 1308. Development of programmatic mitigation plans. 

Sec. 1309. Delegation of authorities. 

Sec. 1310. Categorical exclusion for projects of limited Federal assistance. 

Sec. 1311. Application of categorical exclusions for multimodal projects. 

Sec. 1312. Surface transportation project delivery program. 

Sec. 1313. Program for eliminating duplication of environmental reviews. 

Sec. 1314. Assessment of progress on accelerating project delivery. 

Sec. 1315. Improving State and Federal agency engagement in environmental 

reviews. 

Sec. 1316. Accelerated decisionmaking in environmental reviews. 

Sec. 1317. Aligning Federal environmental reviews. 

Subtitle D—Miscellaneous 

Sec. 1401. Tolling; HOV facilities; Interstate reconstruction and rehabilitation. 

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


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Sec. 1403. Minimum penalties for repeat offenders for driving while intoxicated 

or driving under the influence. 

Sec. 1404. Highway Trust Fund transparency and accountability. 

Sec. 1405. High priority corridors on National Highway System. 

Sec. 1406. Flexibility for projects. 

Sec. 1407. Productive and timely expenditure of funds. 

Sec. 1408. Consolidation of programs. 

Sec. 1409. Federal share payable. 

Sec. 1410. Elimination or modification of certain reporting requirements. 

Sec. 1411. Technical corrections. 

Sec. 1412. Safety for users. 

Sec. 1413. Design standards. 

Sec. 1414. Reserve fund. 

Sec. 1415. Adjustments. 

TITLE II—INNOVATIVE PROJECT FINANCE 

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

amendments. 

Sec. 2002. State infrastructure bank program. 

Sec. 2003. Availability payment concession model. 

TITLE III—PUBLIC TRANSPORTATION 

Sec. 3001. Short title. 

Sec. 3002. Definitions. 

Sec. 3003. Metropolitan and statewide transportation planning. 

Sec. 3004. Urbanized area formula grants. 

Sec. 3005. Fixed guideway capital investment grants. 

Sec. 3006. Formula grants for enhanced mobility of seniors and individuals 

with disabilities. 

Sec. 3007. Formula grants for rural areas. 

Sec. 3008. Public transportation innovation. 

Sec. 3009. Technical assistance and workforce development. 

Sec. 3010. Bicycle facilities. 

Sec. 3011. General provisions. 

Sec. 3012. Public transportation safety program. 

Sec. 3013. Apportionments. 

Sec. 3014. State of good repair grants. 

Sec. 3015. Authorizations. 

Sec. 3016. Bus and bus facility grants. 

Sec. 3017. Obligation ceiling. 

Sec. 3018. Innovative procurement. 

Sec. 3019. Review of public transportation safety standards. 

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

Sec. 3021. Mobility of seniors and individuals with disabilities. 

Sec. 3022. Improved transit safety measures. 

TITLE IV—HIGHWAY SAFETY 

Sec. 4001. Authorization of appropriations. 

Sec. 4002. Highway safety programs. 

Sec. 4003. Highway safety research and development. 

Sec. 4004. High-visibility enforcement program. 

Sec. 4005. National priority safety programs. 


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

Sec. 4007. Marijuana-impaired driving. 

Sec. 4008. National priority safety program grant eligibility. 

Sec. 4009. Data collection. 

Sec. 4010. Technical corrections. 

TITLE V—MOTOR CARRIER SAFETY 

Subtitle A—Motor Carrier Safety Grant Consolidation 

Sec. 5101. Grants to States. 

Sec. 5102. Performance and registration information systems management. 

Sec. 5103. Authorization of appropriations. 

Sec. 5104. Commercial driver’s license program implementation. 

Sec. 5105. Extension of Federal motor carrier safety programs for fiscal year 

2016. 

Sec. 5106. Motor carrier safety assistance program allocation. 

Sec. 5107. Maintenance of effort calculation. 

Subtitle B—Federal Motor Carrier Safety Administration Reform 

PART I—REGULATORY REFORM

Sec. 5201. Notice of cancellation of insurance. 

Sec. 5202. Regulations. 

Sec. 5203. Guidance. 

Sec. 5204. Petitions. 

PART II—COMPLIANCE, SAFETY, ACCOUNTABILITY REFORM

Sec. 5221. Correlation study. 

Sec. 5222. Beyond compliance. 

Sec. 5223. Data certification. 

Sec. 5224. Interim hiring standard. 

Subtitle C—Commercial Motor Vehicle Safety 

Sec. 5301. Implementing safety requirements. 

Sec. 5302. Windshield mounted safety technology. 

Sec. 5303. Prioritizing statutory rulemakings. 

Sec. 5304. Safety reporting system. 

Sec. 5305. New entrant safety review program. 

Subtitle D—Commercial Motor Vehicle Drivers 

Sec. 5401. Opportunities for veterans. 

Sec. 5402. Drug free commercial drivers. 

Sec. 5403. Certified medical examiners. 

Sec. 5404. Graduated commercial driver’s license pilot program. 

Subtitle E—General Provisions 

Sec. 5501. Minimum financial responsibility. 

Sec. 5502. Delays in goods movement. 

Sec. 5503. Report on motor carrier financial responsibility. 

Sec. 5504. Emergency route working group. 

Sec. 5505. Household goods consumer protection working group. 


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Sec. 5506. Technology improvements. 

Sec. 5507. Notification regarding motor carrier registration. 

Sec. 5508. Technical corrections. 

TITLE VI—INNOVATION 

Sec. 6001. Short title. 

Sec. 6002. Authorization of appropriations. 

Sec. 6003. Advanced transportation and congestion management technologies 

deployment. 

Sec. 6004. Technology and innovation deployment program. 

Sec. 6005. Intelligent transportation system goals. 

Sec. 6006. Intelligent transportation system program report. 

Sec. 6007. Intelligent transportation system national architecture and standards. 

Sec. 6008. Communication systems deployment report. 

Sec. 6009. Infrastructure development. 

Sec. 6010. Departmental research programs. 

Sec. 6011. Research and Innovative Technology Administration. 

Sec. 6012. Office of Intermodalism. 

Sec. 6013. University transportation centers. 

Sec. 6014. Bureau of Transportation Statistics. 

Sec. 6015. Surface transportation system funding alternatives. 

Sec. 6016. Future interstate study. 

TITLE VII—HAZARDOUS MATERIALS TRANSPORTATION 

Sec. 7001. Short title. 

Sec. 7002. Authorization of appropriations. 

Sec. 7003. National emergency and disaster response. 

Sec. 7004. Enhanced reporting. 

Sec. 7005. Wetlines. 

Sec. 7006. Improving publication of special permits and approvals. 

Sec. 7007. GAO study on acceptance of classification examinations. 

Sec. 7008. Improving the effectiveness of planning and training grants. 

Sec. 7009. Motor carrier safety permits. 

Sec. 7010. Thermal blankets. 

Sec. 7011. Comprehensive oil spill response plans. 

Sec. 7012. Information on high-hazard flammable trains. 

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

Sec. 7014. Ensuring safe implementation of positive train control systems. 

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. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act, the following definitions apply: 

3 (1) DEPARTMENT.—The term ‘‘Department’’ 

4 means the Department of Transportation. 

5 (2) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of Transportation. 

7 SEC. 3. EFFECTIVE DATE. 

8 Except as otherwise provided, this Act, including the 

9 amendments made by this Act, takes effect on October 

10 1, 2015. 

11 TITLE I—FEDERAL-AID 

12 HIGHWAYS 

13 Subtitle A—Authorizations and 

14 Programs 

15 SEC. 1101. AUTHORIZATION OF APPROPRIATIONS. 

16 (a) IN GENERAL.—The following sums are author17 ized to be appropriated out of the Highway Trust Fund 

18 (other than the Mass Transit Account): 

19 (1) FEDERAL-AID HIGHWAY PROGRAM.—For 

20 the national highway performance program under 

21 section 119 of title 23, United States Code, the sur22 face transportation block grant program under sec23 tion 133 of that title, the highway safety improve24 ment program under section 148 of that title, the 

25 congestion mitigation and air quality improvement 


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1 program under section 149 of that title, and to carry 

2 out section 134 of that title— 

3 (A) $38,419,500,000 for fiscal year 2016; 

4 (B) $39,113,500,000 for fiscal year 2017; 

5 (C) $39,927,500,000 for fiscal year 2018; 

6 (D) $40,764,000,000 for fiscal year 2019; 

7 (E) $41,623,000,000 for fiscal year 2020; 

8 and 

9 (F) $42,483,000,000 for fiscal year 2021. 

10 (2) TRANSPORTATION INFRASTRUCTURE FI11 NANCE AND INNOVATION PROGRAM.—For credit as12 sistance under the transportation infrastructure fi13 nance and innovation program under chapter 6 of 

14 title 23, United States Code, $200,000,000 for each 

15 of fiscal years 2016 through 2021. 

16 (3) FEDERAL LANDS AND TRIBAL TRANSPOR17 TATION PROGRAMS.— 

18 (A) TRIBAL TRANSPORTATION PRO19 GRAM.—For the tribal transportation program 

20 under section 202 of title 23, United States 

21 Code— 

22 (i) $465,000,000 for fiscal year 2016; 

23 (ii) $475,000,000 for fiscal year 2017; 

24 (iii) $485,000,000 for fiscal year 

25 2018; 


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1 (iv) $490,000,000 for fiscal year 

2 2019; 

3 (v) $495,000,000 for fiscal year 2020; 

4 and 

5 (vi) $500,000,000 for fiscal year 

6 2021. 

7 (B) FEDERAL LANDS TRANSPORTATION

8 PROGRAM.— 

9 (i) IN GENERAL.—For the Federal 

10 lands transportation program under sec11 tion 203 of title 23, United States Code— 

12 (I) $325,000,000 for fiscal year 

13 2016; 

14 (II) $335,000,000 for fiscal year 

15 2017; 

16 (III) $345,000,000 for fiscal year 

17 2018; 

18 (IV) $350,000,000 for fiscal year 

19 2019; 

20 (V) $375,000,000 for fiscal year 

21 2020; and 

22 (VI) $400,000,000 for fiscal year 

23 2021. 


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1 (ii) ALLOCATION.—Of the amount 

2 made available for a fiscal year under 

3 clause (i)— 

4 (I) the amount for the National 

5 Park Service is— 

6 (aa) $260,000,000 for fiscal 

7 year 2016; 

8 (bb) $268,000,000 for fiscal 

9 year 2017; 

10 (cc) $276,000,000 for fiscal 

11 year 2018; 

12 (dd) $280,000,000 for fiscal 

13 year 2019; 

14 (ee) $300,000,000 for fiscal 

15 year 2020; and 

16 (ff) $320,000,000 for fiscal 

17 year 2021; 

18 (II) the amount for the United 

19 States Fish and Wildlife Service is 

20 $30,000,000 for each of fiscal years 

21 2016 through 2021; and 

22 (III) the amount for the United 

23 States Forest Service is— 

24 (aa) $15,000,000 for fiscal 

25 year 2016; 


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1 (bb) $16,000,000 for fiscal 

2 year 2017; 

3 (cc) $17,000,000 for fiscal 

4 year 2018; 

5 (dd) $18,000,000 for fiscal 

6 year 2019; 

7 (ee) $19,000,000 for fiscal 

8 year 2020; and 

9 (ff) $20,000,000 for fiscal 

10 year 2021. 

11 (C) FEDERAL LANDS ACCESS PROGRAM.— 

12 For the Federal lands access program under 

13 section 204 of title 23, United States Code— 

14 (i) $250,000,000 for fiscal year 2016; 

15 (ii) $255,000,000 for fiscal year 2017; 

16 (iii) $260,000,000 for fiscal year 

17 2018; 

18 (iv) $265,000,000 for fiscal year 

19 2019; 

20 (v) $270,000,000 for fiscal year 2020; 

21 and 

22 (vi) $275,000,000 for fiscal year 

23 2021. 

24 (4) TERRITORIAL AND PUERTO RICO HIGHWAY

25 PROGRAM.—For the territorial and Puerto Rico 


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1 highway program under section 165 of title 23, 

2 United States Code, $200,000,000 for each of fiscal 

3 years 2016 through 2021. 

4 (5) NATIONALLY SIGNIFICANT FREIGHT AND

5 HIGHWAY PROJECTS.—For nationally significant 

6 freight and highway projects under section 117 of 

7 title 23, United States Code— 

8 (A) $725,000,000 for fiscal year 2016; 

9 (B) $735,000,000 for fiscal year 2017; and 

10 (C) $750,000,000 for each of fiscal years 

11 2018 through 2021. 

12 (b) DISADVANTAGED BUSINESS ENTERPRISES.— 

13 (1) FINDINGS.—Congress finds that— 

14 (A) while significant progress has occurred 

15 due to the establishment of the disadvantaged 

16 business enterprise program, discrimination and 

17 related barriers continue to pose significant ob18 stacles for minority- and women-owned busi19 nesses seeking to do business in federally as20 sisted surface transportation markets across the 

21 United States; 

22 (B) the continuing barriers described in 

23 subparagraph (A) merit the continuation of the 

24 disadvantaged business enterprise program; 


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1 (C) Congress has received and reviewed 

2 testimony and documentation of race and gen3 der discrimination from numerous sources, in4 cluding congressional hearings and roundtables, 

5 scientific reports, reports issued by public and 

6 private agencies, news stories, reports of dis7 crimination by organizations and individuals, 

8 and discrimination lawsuits, which show that 

9 race- and gender-neutral efforts alone are insuf10 ficient to address the problem; 

11 (D) the testimony and documentation de12 scribed in subparagraph (C) demonstrate that 

13 discrimination across the United States poses a 

14 barrier to full and fair participation in surface 

15 transportation-related businesses of women 

16 business owners and minority business owners 

17 and has impacted firm development and many 

18 aspects of surface transportation-related busi19 ness in the public and private markets; and 

20 (E) the testimony and documentation de21 scribed in subparagraph (C) provide a strong 

22 basis that there is a compelling need for the 

23 continuation of the disadvantaged business en24 terprise program to address race and gender 


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1 discrimination in surface transportation-related 

2 business. 

3 (2) DEFINITIONS.—In this subsection, the fol4 lowing definitions apply: 

5 (A) SMALL BUSINESS CONCERN.— 

6 (i) IN GENERAL.—The term ‘‘small 

7 business concern’’ means a small business 

8 concern (as the term is used in section 3 

9 of the Small Business Act (15 U.S.C. 

10 632)). 

11 (ii) EXCLUSIONS.—The term ‘‘small 

12 business concern’’ does not include any 

13 concern or group of concerns controlled by 

14 the same socially and economically dis15 advantaged individual or individuals that 

16 have average annual gross receipts during 

17 the preceding 3 fiscal years in excess of 

18 $23,980,000, as adjusted annually by the 

19 Secretary for inflation. 

20 (B) SOCIALLY AND ECONOMICALLY DIS21 ADVANTAGED INDIVIDUALS.—The term ‘‘so22 cially and economically disadvantaged individ23 uals’’ has the meaning given the term in section 

24 8(d) of the Small Business Act (15 U.S.C. 

25 637(d)) and relevant subcontracting regulations 


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1 issued pursuant to that Act, except that women 

2 shall be presumed to be socially and economi3 cally disadvantaged individuals for purposes of 

4 this subsection. 

5 (3) AMOUNTS FOR SMALL BUSINESS CON6 CERNS.—Except to the extent that the Secretary de7 termines otherwise, not less than 10 percent of the 

8 amounts made available for any program under ti9 tles I, II, III, and VI of this Act and section 403 

10 of title 23, United States Code, shall be expended 

11 through small business concerns owned and con12 trolled by socially and economically disadvantaged 

13 individuals. 

14 (4) ANNUAL LISTING OF DISADVANTAGED BUSI15 NESS ENTERPRISES.—Each State shall annually— 

16 (A) survey and compile a list of the small 

17 business concerns referred to in paragraph (3) 

18 in the State, including the location of the small 

19 business concerns in the State; and 

20 (B) notify the Secretary, in writing, of the 

21 percentage of the small business concerns that 

22 are controlled by— 

23 (i) women; 


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1 (ii) socially and economically dis2 advantaged individuals (other than 

3 women); and 

4 (iii) individuals who are women and 

5 are otherwise socially and economically dis6 advantaged individuals. 

7 (5) UNIFORM CERTIFICATION.— 

8 (A) IN GENERAL.—The Secretary shall es9 tablish minimum uniform criteria for use by 

10 State governments in certifying whether a con11 cern qualifies as a small business concern for 

12 the purpose of this subsection. 

13 (B) INCLUSIONS.—The minimum uniform 

14 criteria established under subparagraph (A) 

15 shall include, with respect to a potential small 

16 business concern— 

17 (i) on-site visits; 

18 (ii) personal interviews with personnel; 

19 (iii) issuance or inspection of licenses; 

20 (iv) analyses of stock ownership; 

21 (v) listings of equipment; 

22 (vi) analyses of bonding capacity; 

23 (vii) listings of work completed; 

24 (viii) examination of the resumes of 

25 principal owners; 


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1 (ix) analyses of financial capacity; and 

2 (x) analyses of the type of work pre3 ferred. 

4 (6) REPORTING.—The Secretary shall establish 

5 minimum requirements for use by State govern6 ments in reporting to the Secretary— 

7 (A) information concerning disadvantaged 

8 business enterprise awards, commitments, and 

9 achievements; and 

10 (B) such other information as the Sec11 retary determines to be appropriate for the 

12 proper monitoring of the disadvantaged busi13 ness enterprise program. 

14 (7) COMPLIANCE WITH COURT ORDERS.—Noth15 ing in this subsection limits the eligibility of an indi16 vidual or entity to receive funds made available 

17 under titles I, II, III, and VI of this Act and section 

18 403 of title 23, United States Code, if the entity or 

19 person is prevented, in whole or in part, from com20 plying with paragraph (3) because a Federal court 

21 issues a final order in which the court finds that a 

22 requirement or the implementation of paragraph (3) 

23 is unconstitutional. 


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1 SEC. 1102. OBLIGATION CEILING. 

2 (a) GENERAL LIMITATION.—Subject to subsection 

3 (e), and notwithstanding any other provision of law, the 

4 obligations for Federal-aid highway and highway safety 

5 construction programs shall not exceed— 

6 (1) $40,867,000,000 for fiscal year 2016; 

7 (2) $41,599,000,000 for fiscal year 2017; 

8 (3) $42,453,000,000 for fiscal year 2018; 

9 (4) $43,307,000,000 for fiscal year 2019; 

10 (5) $44,201,000,000 for fiscal year 2020; and 

11 (6) $45,096,000,000 for fiscal year 2021. 

12 (b) EXCEPTIONS.—The limitations under subsection 

13 (a) shall not apply to obligations under or for— 

14 (1) section 125 of title 23, United States Code; 

15 (2) section 147 of the Surface Transportation 

16 Assistance Act of 1978 (23 U.S.C. 144 note; 92 

17 Stat. 2714); 

18 (3) section 9 of the Federal-Aid Highway Act 

19 of 1981 (95 Stat. 1701); 

20 (4) subsections (b) and (j) of section 131 of the 

21 Surface Transportation Assistance Act of 1982 (96 

22 Stat. 2119); 

23 (5) subsections (b) and (c) of section 149 of the 

24 Surface Transportation and Uniform Relocation As25 sistance Act of 1987 (101 Stat. 198); 


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1 (6) sections 1103 through 1108 of the Inter2 modal Surface Transportation Efficiency Act of 

3 1991 (105 Stat. 2027); 

4 (7) section 157 of title 23, United States Code 

5 (as in effect on June 8, 1998); 

6 (8) section 105 of title 23, United States Code 

7 (as in effect for fiscal years 1998 through 2004, but 

8 only in an amount equal to $639,000,000 for each 

9 of those fiscal years); 

10 (9) Federal-aid highway programs for which ob11 ligation authority was made available under the 

12 Transportation Equity Act for the 21st Century 

13 (112 Stat. 107) or subsequent Acts for multiple 

14 years or to remain available until expended, but only 

15 to the extent that the obligation authority has not 

16 lapsed or been used; 

17 (10) section 105 of title 23, United States Code 

18 (as in effect for fiscal years 2005 through 2012, but 

19 only in an amount equal to $639,000,000 for each 

20 of those fiscal years); 

21 (11) section 1603 of SAFETEA–LU (23 

22 U.S.C. 118 note; 119 Stat. 1248), to the extent that 

23 funds obligated in accordance with that section were 

24 not subject to a limitation on obligations at the time 


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1 at which the funds were initially made available for 

2 obligation; 

3 (12) section 119 of title 23, United States Code 

4 (as in effect for fiscal years 2013 through 2015, but 

5 only in an amount equal to $639,000,000 for each 

6 of those fiscal years); and 

7 (13) section 119 of title 23, United States Code 

8 (but, for fiscal years 2016 through 2021, only in an 

9 amount equal to $639,000,000 for each of those fis10 cal years). 

11 (c) DISTRIBUTION OF OBLIGATION AUTHORITY.— 

12 For each of fiscal years 2016 through 2021, the Sec13 retary— 

14 (1) shall not distribute obligation authority pro15 vided by subsection (a) for the fiscal year for— 

16 (A) amounts authorized for administrative 

17 expenses and programs by section 104(a) of 

18 title 23, United States Code; and 

19 (B) amounts authorized for the Bureau of 

20 Transportation Statistics; 

21 (2) shall not distribute an amount of obligation 

22 authority provided by subsection (a) that is equal to 

23 the unobligated balance of amounts— 

24 (A) made available from the Highway 

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1 count) for Federal-aid highway and highway 

2 safety construction programs for previous fiscal 

3 years the funds for which are allocated by the 

4 Secretary (or apportioned by the Secretary 

5 under section 202 or 204 of title 23, United 

6 States Code); and 

7 (B) for which obligation authority was pro8 vided in a previous fiscal year; 

9 (3) shall determine the proportion that— 

10 (A) the obligation authority provided by 

11 subsection (a) for the fiscal year, less the aggre12 gate of amounts not distributed under para13 graphs (1) and (2) of this subsection; bears to 

14 (B) the total of the sums authorized to be 

15 appropriated for the Federal-aid highway and 

16 highway safety construction programs (other 

17 than sums authorized to be appropriated for 

18 provisions of law described in paragraphs (1) 

19 through (12) of subsection (b) and sums au20 thorized to be appropriated for section 119 of 

21 title 23, United States Code, equal to the 

22 amount referred to in subsection (b)(13) for the 

23 fiscal year), less the aggregate of the amounts 

24 not distributed under paragraphs (1) and (2) of 

25 this subsection; 


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1 (4) shall distribute the obligation authority pro2 vided by subsection (a), less the aggregate amounts 

3 not distributed under paragraphs (1) and (2), for 

4 each of the programs (other than programs to which 

5 paragraph (1) applies) that are allocated by the Sec6 retary under this Act and title 23, United States 

7 Code, or apportioned by the Secretary under sections 

8 202 or 204 of that title, by multiplying— 

9 (A) the proportion determined under para10 graph (3); by 

11 (B) the amounts authorized to be appro12 priated for each such program for the fiscal 

13 year; and 

14 (5) shall distribute the obligation authority pro15 vided by subsection (a), less the aggregate amounts 

16 not distributed under paragraphs (1) and (2) and 

17 the amounts distributed under paragraph (4), for 

18 Federal-aid highway and highway safety construc19 tion programs that are apportioned by the Secretary 

20 under title 23, United States Code (other than the 

21 amounts apportioned for the national highway per22 formance program in section 119 of title 23, United 

23 States Code, that are exempt from the limitation 

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1 tioned under sections 202 and 204 of that title) in 

2 the proportion that— 

3 (A) amounts authorized to be appropriated 

4 for the programs that are apportioned under 

5 title 23, United States Code, to each State for 

6 the fiscal year; bears to 

7 (B) the total of the amounts authorized to 

8 be appropriated for the programs that are ap9 portioned under title 23, United States Code, to 

10 all States for the fiscal year. 

11 (d) REDISTRIBUTION OF UNUSED OBLIGATION AU12 THORITY.—Notwithstanding subsection (c), the Secretary 

13 shall, after August 1 of each of fiscal years 2016 through 

14 2021— 

15 (1) revise a distribution of the obligation au16 thority made available under subsection (c) if an 

17 amount distributed cannot be obligated during that 

18 fiscal year; and 

19 (2) redistribute sufficient amounts to those 

20 States able to obligate amounts in addition to those 

21 previously distributed during that fiscal year, giving 

22 priority to those States having large unobligated bal23 ances of funds apportioned under sections 144 (as in 

24 effect on the day before the date of enactment of 


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1 MAP–21 (Public Law 112–141)) and 104 of title 

2 23, United States Code. 

3 (e) APPLICABILITY OF OBLIGATION LIMITATIONS TO

4 TRANSPORTATION RESEARCH PROGRAMS.— 

5 (1) IN GENERAL.—Except as provided in para6 graph (2), obligation limitations imposed by sub7 section (a) shall apply to contract authority for 

8 transportation research programs carried out 

9 under— 

10 (A) chapter 5 of title 23, United States 

11 Code; and 

12 (B) title VI of this Act. 

13 (2) EXCEPTION.—Obligation authority made 

14 available under paragraph (1) shall— 

15 (A) remain available for a period of 4 fis16 cal years; and 

17 (B) be in addition to the amount of any 

18 limitation imposed on obligations for Federal19 aid highway and highway safety construction 

20 programs for future fiscal years. 

21 (f) REDISTRIBUTION OF CERTAIN AUTHORIZED

22 FUNDS.— 

23 (1) IN GENERAL.—Not later than 30 days after 

24 the date of distribution of obligation authority under 

25 subsection (c) for each of fiscal years 2016 through 


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1 2021, the Secretary shall distribute to the States 

2 any funds (excluding funds authorized for the pro3 gram under section 202 of title 23, United States 

4 Code) that— 

5 (A) are authorized to be appropriated for 

6 the fiscal year for Federal-aid highway pro7 grams; and 

8 (B) the Secretary determines will not be 

9 allocated to the States (or will not be appor10 tioned to the States under section 204 of title 

11 23, United States Code), and will not be avail12 able for obligation, for the fiscal year because 

13 of the imposition of any obligation limitation for 

14 the fiscal year. 

15 (2) RATIO.—Funds shall be distributed under 

16 paragraph (1) in the same proportion as the dis17 tribution of obligation authority under subsection 

18 (c)(5). 

19 (3) AVAILABILITY.—Funds distributed to each 

20 State under paragraph (1) shall be available for any 

21 purpose described in section 133(b) of title 23, 

22 United States Code. 

23 SEC. 1103. DEFINITIONS. 

24 Section 101 of title 23, United States Code, is 

25 amended— 


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1 (1) by striking paragraph (29); 

2 (2) by redesignating paragraphs (15) through 

3 (28) as paragraphs (16) through (29), respectively; 

4 and 

5 (3) by inserting after paragraph (14) the fol6 lowing: 

7 ‘‘(15) NATIONAL HIGHWAY FREIGHT NET8 WORK.—The term ‘National Highway Freight Net9 work’ means the National Highway Freight Network 

10 established under section 167.’’. 

11 SEC. 1104. APPORTIONMENT. 

12 (a) ADMINISTRATIVE EXPENSES.—Section 104(a)(1) 

13 of title 23, United States Code, is amended to read as 

14 follows: 

15 ‘‘(1) IN GENERAL.—There is authorized to be 

16 appropriated from the Highway Trust Fund (other 

17 than the Mass Transit Account) to be made avail18 able to the Secretary for administrative expenses of 

19 the Federal Highway Administration $440,000,000 

20 for each of fiscal years 2016 through 2021.’’. 

21 (b) DIVISION AMONG PROGRAMS OF STATE’S SHARE

22 OF BASE APPORTIONMENT.—Section 104(b) of title 23, 

23 United States Code, is amended— 

24 (1) in the subsection heading by striking ‘‘DIVI25 SION OF STATE APPORTIONMENTS AMONG PROVerDate Sep 11 2014 00:32 Oct 21, 2015 Jkt 059200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H3763.IH H3763

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1 GRAMS’’ and inserting ‘‘DIVISION AMONG PROGRAMS

2 OF STATE’S SHARE OF BASE APPORTIONMENT’’; 

3 (2) in the matter preceding paragraph (1)— 

4 (A) by inserting ‘‘of the base apportion5 ment’’ after ‘‘the amount’’; and 

6 (B) by striking ‘‘surface transportation 

7 program’’ and inserting ‘‘surface transportation 

8 block grant program’’; 

9 (3) in paragraph (2)— 

10 (A) in the paragraph heading by striking 

11 ‘‘SURFACE TRANSPORTATION PROGRAM’’ and 

12 inserting ‘‘SURFACE TRANSPORTATION BLOCK

13 GRANT PROGRAM’’; and 

14 (B) by striking ‘‘surface transportation 

15 program’’ and inserting ‘‘surface transportation 

16 block grant program’’; and 

17 (4) in each of paragraphs (4) and (5), in the 

18 matter preceding subparagraph (A), by inserting ‘‘of 

19 the base apportionment’’ after ‘‘the amount’’. 

20 (c) CALCULATION OF STATE AMOUNTS.—Section 

21 104(c) of title 23, United States Code, is amended to read 

22 as follows: 

23 ‘‘(c) CALCULATION OF AMOUNTS.— 


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1 ‘‘(1) STATE SHARE.—For each of fiscal years 

2 2016 through 2021, the amount for each State shall 

3 be determined as follows: 

4 ‘‘(A) INITIAL AMOUNTS.—The initial 

5 amounts for each State shall be determined by 

6 multiplying— 

7 ‘‘(i) each of— 

8 ‘‘(I) the base apportionment; 

9 ‘‘(II) supplemental funds re10 served under subsection (h)(1) for the 

11 national highway performance pro12 gram; and 

13 ‘‘(III) supplemental funds re14 served under subsection (h)(2) for the 

15 surface transportation block grant 

16 program; by 

17 ‘‘(ii) the share for each State, which 

18 shall be equal to the proportion that— 

19 ‘‘(I) the amount of apportion20 ments that the State received for fis21 cal year 2015; bears to 

22 ‘‘(II) the amount of those appor23 tionments received by all States for 

24 that fiscal year. 


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1 ‘‘(B) ADJUSTMENTS TO AMOUNTS.—The 

2 initial amounts resulting from the calculation 

3 under subparagraph (A) shall be adjusted to 

4 ensure that each State receives an aggregate 

5 apportionment equal to at least 95 percent of 

6 the estimated tax payments attributable to 

7 highway users in the State paid into the High8 way Trust Fund (other than the Mass Transit 

9 Account) in the most recent fiscal year for 

10 which data are available. 

11 ‘‘(2) STATE APPORTIONMENT.—On October 1 

12 of fiscal years 2016 through 2021, the Secretary 

13 shall apportion the sums authorized to be appro14 priated for expenditure on the national highway per15 formance program under section 119, the surface 

16 transportation block grant program under section 

17 133, the highway safety improvement program 

18 under section 148, the congestion mitigation and air 

19 quality improvement program under section 149, 

20 and to carry out section 134 in accordance with 

21 paragraph (1).’’. 

22 (d) SUPPLEMENTAL FUNDS.—Section 104 of title 

23 23, United States Code, is amended by adding at the end 

24 the following: 

25 ‘‘(h) SUPPLEMENTAL FUNDS.— 


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1 ‘‘(1) SUPPLEMENTAL FUNDS FOR NATIONAL

2 HIGHWAY PERFORMANCE PROGRAM.— 

3 ‘‘(A) AMOUNT.—Before making an appor4 tionment for a fiscal year under subsection (c), 

5 the Secretary shall reserve for the national 

6 highway performance program under section 

7 119 for that fiscal year an amount equal to— 

8 ‘‘(i) $53,596,122 for fiscal year 2019; 

9 ‘‘(ii) $66,717,816 for fiscal year 2020; 

10 and 

11 ‘‘(iii) $79,847,397 for fiscal year 

12 2021. 

13 ‘‘(B) TREATMENT OF FUNDS.—Funds re14 served under subparagraph (A) and apportioned 

15 to a State under subsection (c) shall be treated 

16 as if apportioned under subsection (b)(1), and 

17 shall be in addition to amounts apportioned 

18 under that subsection. 

19 ‘‘(2) SUPPLEMENTAL FUNDS FOR SURFACE

20 TRANSPORTATION BLOCK GRANT PROGRAM.— 

21 ‘‘(A) AMOUNT.—Before making an appor22 tionment for a fiscal year under subsection (c), 

23 the Secretary shall reserve for the surface 

24 transportation block grant program under sec25 tion 133 for that fiscal year an amount equal 


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1 to $819,900,000 pursuant to section 133(h), 

2 plus— 

3 ‘‘(i) $70,526,310 for fiscal year 2016; 

4 ‘‘(ii) $104,389,904 for fiscal year 

5 2017; 

6 ‘‘(iii) $148,113,536 for fiscal year 

7 2018; 

8 ‘‘(iv) $160,788,367 for fiscal year 

9 2019; 

10 ‘‘(v) $200,153,448 for fiscal year 

11 2020; and 

12 ‘‘(vi) $239,542,191 for fiscal year 

13 2021. 

14 ‘‘(B) TREATMENT OF FUNDS.—Funds re15 served under subparagraph (A) and apportioned 

16 to a State under subsection (c) shall be treated 

17 as if apportioned under subsection (b)(2), and 

18 shall be in addition to amounts apportioned 

19 under that subsection. 

20 ‘‘(i) BASE APPORTIONMENT DEFINED.—In this sec21 tion, the term ‘base apportionment’ means— 

22 ‘‘(1) the combined amount authorized for ap23 propriation for the national highway performance 

24 program under section 119, the surface transpor25 tation block grant program under section 133, the 


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1 highway safety improvement program under section 

2 148, the congestion mitigation and air quality im3 provement program under section 149, and to carry 

4 out section 134; minus 

5 ‘‘(2) supplemental funds reserved under sub6 section (h) for the national highway performance 

7 program and the surface transportation block grant 

8 program.’’. 

9 SEC. 1105. NATIONAL HIGHWAY PERFORMANCE PROGRAM. 

10 Section 119 of title 23, United States Code, is 

11 amended— 

12 (1) in subsection (e)(7)— 

13 (A) by striking ‘‘this paragraph’’ and in14 serting ‘‘section 150(e)’’; and 

15 (B) by inserting ‘‘under section 150(e)’’ 

16 after ‘‘the next report submitted’’; and 

17 (2) by adding at the end the following: 

18 ‘‘(h) TIFIA PROGRAM.—At the request of a State, 

19 the Secretary may allow the State to use funds appor20 tioned under section 104(b)(1) to pay subsidy and admin21 istrative costs necessary to provide an eligible entity Fed22 eral credit assistance under chapter 6 with respect to a 

23 project eligible for assistance under this section. 

24 ‘‘(i) ADDITIONAL FUNDING ELIGIBILITY FOR CER25 TAIN BRIDGES.— 


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1 ‘‘(1) IN GENERAL.—Funds apportioned to a 

2 State to carry out the national highway performance 

3 program may be obligated for a project for the re4 construction, resurfacing, restoration, rehabilitation, 

5 or preservation of a bridge not on the National 

6 Highway System, if the bridge is on a Federal-aid 

7 highway. 

8 ‘‘(2) LIMITATION.—A State required to make 

9 obligations under subsection (f) shall ensure such re10 quirements are satisfied in order to use the flexi11 bility under paragraph (1).’’. 

12 SEC. 1106. SURFACE TRANSPORTATION BLOCK GRANT PRO13 GRAM. 

14 (a) FINDINGS.—Congress finds that— 

15 (1) the benefits of the surface transportation 

16 block grant program accrue principally to the resi17 dents of each State and municipality where the 

18 funds are obligated; 

19 (2) decisions about how funds should be obli20 gated are best determined by the States and munici21 palities to respond to unique local circumstances and 

22 implement the most efficient solutions; and 

23 (3) reforms of the program to promote flexi24 bility will enhance State and local control over trans25 portation decisions. 


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1 (b) SURFACE TRANSPORTATION BLOCK GRANT PRO2 GRAM.—Section 133 of title 23, United States Code, is 

3 amended— 

4 (1) by striking subsections (a), (b), (c), and (d) 

5 and inserting the following: 

6 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab7 lish a surface transportation block grant program in ac8 cordance with this section to provide flexible funding to 

9 address State and local transportation needs. 

10 ‘‘(b) ELIGIBLE PROJECTS.—Funds apportioned to a 

11 State under section 104(b)(2) for the surface transpor12 tation block grant program may be obligated for the fol13 lowing: 

14 ‘‘(1) Construction of— 

15 ‘‘(A) highways, bridges, tunnels, including 

16 designated routes of the Appalachian develop17 ment highway system and local access roads 

18 under section 14501 of title 40; 

19 ‘‘(B) ferry boats and terminal facilities eli20 gible for funding under section 129(c); 

21 ‘‘(C) transit capital projects eligible for as22 sistance under chapter 53 of title 49; 

23 ‘‘(D) infrastructure-based intelligent trans24 portation systems capital improvements; 


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1 ‘‘(E) truck parking facilities eligible for 

2 funding under section 1401 of MAP–21 (23 

3 U.S.C. 137 note); and 

4 ‘‘(F) border infrastructure projects eligible 

5 for funding under section 1303 of SAFETEA– 

6 LU (23 U.S.C. 101 note). 

7 ‘‘(2) Operational improvements and capital and 

8 operating costs for traffic monitoring, management, 

9 and control facilities and programs. 

10 ‘‘(3) Environmental measures eligible under 

11 sections 119(g), 328, and 329 and transportation 

12 control measures listed in section 108(f)(1)(A) 

13 (other than clause (xvi) of that section) of the Clean 

14 Air Act (42 U.S.C. 7408(f)(1)(A)). 

15 ‘‘(4) Highway and transit safety infrastructure 

16 improvements and programs. 

17 ‘‘(5) Fringe and corridor parking facilities and 

18 programs in accordance with section 137 and car19 pool projects in accordance with section 146. 

20 ‘‘(6) Recreational trails projects eligible for 

21 funding under section 206, pedestrian and bicycle 

22 projects in accordance with section 217 (including 

23 modifications to comply with accessibility require24 ments under the Americans with Disabilities Act of 

25 1990 (42 U.S.C. 12101 et seq.)), and the safe 


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1 routes to school program under section 1404 of 

2 SAFETEA–LU (23 U.S.C. 402 note). 

3 ‘‘(7) Planning, design, or construction of boule4 vards and other roadways largely in the right-of-way 

5 of former Interstate System routes or other divided 

6 highways. 

7 ‘‘(8) Development and implementation of a 

8 State asset management plan for the National High9 way System and a performance-based management 

10 program for other public roads. 

11 ‘‘(9) Protection (including painting, scour coun12 termeasures, seismic retrofits, impact protection 

13 measures, security countermeasures, and protection 

14 against extreme events) for bridges (including ap15 proaches to bridges and other elevated structures) 

16 and tunnels on public roads, and inspection and 

17 evaluation of bridges and tunnels and other highway 

18 assets. 

19 ‘‘(10) Surface transportation planning pro20 grams, highway and transit research and develop21 ment and technology transfer programs, and work22 force development, training, and education under 

23 chapter 5 of this title. 

24 ‘‘(11) Surface transportation infrastructure 

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1 change, transfer, and access into and out of a port 

2 terminal. 

3 ‘‘(12) Projects and strategies designed to sup4 port congestion pricing, including electronic toll col5 lection and travel demand management strategies 

6 and programs. 

7 ‘‘(13) At the request of a State, and with the 

8 Secretary’s approval, subsidy and administrative 

9 costs necessary to provide an eligible entity Federal 

10 credit assistance under chapter 6 with respect to a 

11 project eligible for assistance under this section. 

12 ‘‘(14) The creation and operation by a State of 

13 an office to assist in the design, implementation, and 

14 oversight of public-private partnerships eligible to re15 ceive funding under this title and chapter 53 of title 

16 49, and the payment of a stipend to unsuccessful 

17 private bidders to offset their proposal development 

18 costs, if necessary to encourage robust competition 

19 in public-private partnership procurements. 

20 ‘‘(15) Any project eligible under this section as 

21 in effect on the day before the date of enactment of 

22 the Surface Transportation Reauthorization and Re23 form Act of 2015, including projects described under 

24 section 101(a)(29) as in effect on such day. 


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1 ‘‘(c) LOCATION OF PROJECTS.—A surface transpor2 tation block grant project may not be undertaken on a 

3 road functionally classified as a local road or a rural minor 

4 collector unless the road was on a Federal-aid highway 

5 system on January 1, 1991, except— 

6 ‘‘(1) for a bridge or tunnel project (other than 

7 the construction of a new bridge or tunnel at a new 

8 location); 

9 ‘‘(2) for a project described in paragraphs (4) 

10 through (11) of subsection (b); 

11 ‘‘(3) for a project described in section 

12 101(a)(29), as in effect on the day before the date 

13 of enactment of the Surface Transportation Reau14 thorization and Reform Act of 2015; and 

15 ‘‘(4) as approved by the Secretary. 

16 ‘‘(d) ALLOCATIONS OF APPORTIONED FUNDS TO

17 AREAS BASED ON POPULATION.— 

18 ‘‘(1) CALCULATION.—Of the funds apportioned 

19 to a State under section 104(b)(2) (after the res20 ervation of funds under subsection (h))— 

21 ‘‘(A) the percentage specified in paragraph 

22 (6) for a fiscal year shall be obligated under 

23 this section, in proportion to their relative 

24 shares of the population of the State— 


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1 ‘‘(i) in urbanized areas of the State 

2 with an urbanized area population of over 

3 200,000; 

4 ‘‘(ii) in areas of the State other than 

5 urban areas with a population greater than 

6 5,000; and 

7 ‘‘(iii) in other areas of the State; and 

8 ‘‘(B) the remainder may be obligated in 

9 any area of the State. 

10 ‘‘(2) METROPOLITAN AREAS.—Funds attributed 

11 to an urbanized area under paragraph (1)(A)(i) may 

12 be obligated in the metropolitan area established 

13 under section 134 that encompasses the urbanized 

14 area. 

15 ‘‘(3) CONSULTATION WITH REGIONAL TRANS16 PORTATION PLANNING ORGANIZATIONS.—For pur17 poses of paragraph (1)(A)(iii), before obligating 

18 funding attributed to an area with a population 

19 greater than 5,000 and less than 200,000, a State 

20 shall consult with the regional transportation plan21 ning organizations that represent the area, if any. 

22 ‘‘(4) DISTRIBUTION AMONG URBANIZED AREAS

23 OF OVER 200,000 POPULATION.— 

24 ‘‘(A) IN GENERAL.—Except as provided in 

25 subparagraph (B), the amount of funds that a 


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1 State is required to obligate under paragraph 

2 (1)(A)(i) shall be obligated in urbanized areas 

3 described in paragraph (1)(A)(i) based on the 

4 relative population of the areas. 

5 ‘‘(B) OTHER FACTORS.—The State may 

6 obligate the funds described in subparagraph 

7 (A) based on other factors if the State and the 

8 relevant metropolitan planning organizations 

9 jointly apply to the Secretary for the permission 

10 to base the obligation on other factors and the 

11 Secretary grants the request. 

12 ‘‘(5) APPLICABILITY OF PLANNING REQUIRE13 MENTS.—Programming and expenditure of funds for 

14 projects under this section shall be consistent with 

15 sections 134 and 135. 

16 ‘‘(6) PERCENTAGE.—The percentage referred to 

17 in paragraph (1)(A) is— 

18 ‘‘(A) for fiscal year 2016, 51 percent; 

19 ‘‘(B) for fiscal year 2017, 52 percent; 

20 ‘‘(C) for fiscal year 2018, 53 percent; 

21 ‘‘(D) for fiscal year 2019, 54 percent; 

22 ‘‘(E) for fiscal year 2020, 55 percent; and 

23 ‘‘(F) for fiscal year 2021, 55 percent.’’; 


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1 (2) by striking the section heading and insert2 ing ‘‘Surface transportation block grant 

3 program’’; 

4 (3) by striking subsection (e); 

5 (4) by redesignating subsections (f) through (h) 

6 as subsections (e) through (g), respectively; 

7 (5) in subsection (e)(1), as redesignated by this 

8 subsection— 

9 (A) by striking ‘‘104(b)(3)’’ and inserting 

10 ‘‘104(b)(2)’’; and 

11 (B) by striking ‘‘fiscal years 2011 through 

12 2014’’ and inserting ‘‘fiscal years 2016 through 

13 2021’’; 

14 (6) in subsection (g)(1), as redesignated by this 

15 subsection, by striking ‘‘under subsection 

16 (d)(1)(A)(iii) for each of fiscal years 2013 through 

17 2014’’ and inserting ‘‘under subsection (d)(1)(A)(ii) 

18 for each of fiscal years 2016 through 2021’’; and 

19 (7) by adding at the end the following: 

20 ‘‘(h) STP SET-ASIDE.— 

21 ‘‘(1) RESERVATION OF FUNDS.—Of the funds 

22 apportioned to a State under section 104(b)(2) for 

23 each fiscal year, the Secretary shall reserve an 

24 amount such that— 


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1 ‘‘(A) the Secretary reserves a total of 

2 $819,900,000 under this subsection; and 

3 ‘‘(B) the State’s share of that total is de4 termined by multiplying the amount under sub5 paragraph (A) by the ratio that— 

6 ‘‘(i) the amount apportioned to the 

7 State for the transportation enhancements 

8 program for fiscal year 2009 under section 

9 133(d)(2), as in effect on the day before 

10 the date of enactment of MAP–21; bears 

11 to 

12 ‘‘(ii) the total amount of funds appor13 tioned to all States for the transportation 

14 enhancements program for fiscal year 

15 2009. 

16 ‘‘(2) ALLOCATION WITHIN A STATE.—Funds re17 served for a State under paragraph (1) shall be obli18 gated within that State in the manner described in 

19 subsection (d), except that, for purposes of this 

20 paragraph (after funds are made available under 

21 paragraph (5))— 

22 ‘‘(A) for each fiscal year, the percentage 

23 referred to in paragraph (1)(A) of that sub24 section shall be deemed to be 50 percent; and 


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1 ‘‘(B) the following provisions shall not 

2 apply: 

3 ‘‘(i) Paragraph (3) of subsection (d). 

4 ‘‘(ii) Subsection (e). 

5 ‘‘(3) ELIGIBLE PROJECTS.—Funds reserved 

6 under this subsection may be obligated for projects 

7 or activities described in section 101(a)(29) or 213, 

8 as such provisions were in effect on the day before 

9 the date of enactment of the Surface Transportation 

10 Reauthorization and Reform Act of 2015. 

11 ‘‘(4) ACCESS TO FUNDS.— 

12 ‘‘(A) IN GENERAL.—A State or metropoli13 tan planning organization required to obligate 

14 funds in accordance with paragraph (2) shall 

15 develop a competitive process to allow eligible 

16 entities to submit projects for funding that 

17 achieve the objectives of this subsection. A met18 ropolitan planning organization for an area de19 scribed in subsection (d)(1)(A)(i) shall select 

20 projects under such process in consultation with 

21 the relevant State. 

22 ‘‘(B) ELIGIBLE ENTITY DEFINED.—In this 

23 paragraph, the term ‘eligible entity’ means— 

24 ‘‘(i) a local government; 


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1 ‘‘(ii) a regional transportation author2 ity; 

3 ‘‘(iii) a transit agency; 

4 ‘‘(iv) a natural resource or public land 

5 agency; 

6 ‘‘(v) a school district, local education 

7 agency, or school; 

8 ‘‘(vi) a tribal government; and 

9 ‘‘(vii) any other local or regional gov10 ernmental entity with responsibility for or 

11 oversight of transportation or recreational 

12 trails (other than a metropolitan planning 

13 organization or a State agency) that the 

14 State determines to be eligible, consistent 

15 with the goals of this subsection. 

16 ‘‘(5) CONTINUATION OF CERTAIN REC17 REATIONAL TRAILS PROJECTS.—For each fiscal 

18 year, a State shall— 

19 ‘‘(A) obligate an amount of funds reserved 

20 under this section equal to the amount of the 

21 funds apportioned to the State for fiscal year 

22 2009 under section 104(h)(2), as in effect on 

23 the day before the date of enactment of MAP– 

24 21, for projects relating to recreational trails 

25 under section 206; 


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1 ‘‘(B) return 1 percent of those funds to the 

2 Secretary for the administration of that pro3 gram; and 

4 ‘‘(C) comply with the provisions of the ad5 ministration of the recreational trails program 

6 under section 206, including the use of appor7 tioned funds described in subsection (d)(3)(A) 

8 of that section. 

9 ‘‘(6) STATE FLEXIBILITY.— 

10 ‘‘(A) RECREATIONAL TRAILS.—A State 

11 may opt out of the recreational trails program 

12 under paragraph (5) if the Governor of the 

13 State notifies the Secretary not later than 30 

14 days prior to apportionments being made for 

15 any fiscal year. 

16 ‘‘(B) LARGE URBANIZED AREAS.—A met17 ropolitan planning area may use not to exceed 

18 50 percent of the funds reserved under this 

19 subsection for an urbanized area described in 

20 subsection (d)(1)(A)(i) for any purpose eligible 

21 under subsection (b). 

22 ‘‘(i) TREATMENT OF PROJECTS.—Notwithstanding 

23 any other provision of law, projects funded under this sec24 tion (excluding those carried out under subsection (h)(5)) 


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1 shall be treated as projects on a Federal-aid highway 

2 under this chapter.’’. 

3 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

4 (1) SECTION 126.—Section 126(b)(2) of title 

5 23, United States Code, is amended— 

6 (A) by striking ‘‘section 213’’ and insert7 ing ‘‘section 133(h)’’; and 

8 (B) by striking ‘‘section 213(c)(1)(B)’’ and 

9 inserting ‘‘section 133(h)’’. 

10 (2) SECTION 213.—Section 213 of title 23, 

11 United States Code, is repealed. 

12 (3) SECTION 322.—Section 322(h)(3) of title 

13 23, United States Code, is amended by striking 

14 ‘‘surface transportation program’’ and inserting 

15 ‘‘surface transportation block grant program’’. 

16 (4) SECTION 504.—Section 504(a)(4) of title 

17 23, United States Code, is amended— 

18 (A) by striking ‘‘104(b)(3)’’ and inserting 

19 ‘‘104(b)(2)’’; and 

20 (B) by striking ‘‘surface transportation 

21 program’’ and inserting ‘‘surface transportation 

22 block grant program’’. 

23 (5) CHAPTER 1.—Chapter 1 of title 23, United 

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1 portation program’’ each place it appears and insert2 ing ‘‘surface transportation block grant program’’. 

3 (6) CHAPTER ANALYSES.— 

4 (A) CHAPTER 1.—The analysis for chapter 

5 1 of title 23, United States Code, is amended 

6 by striking the item relating to section 133 and 

7 inserting the following: 

‘‘133. Surface transportation block grant program.’’. 

8 (B) CHAPTER 2.—The item relating to sec9 tion 213 in the analysis for chapter 2 of title 

10 23, United States Code, is repealed. 

11 (7) OTHER REFERENCES.—Any reference in 

12 any other law, regulation, document, paper, or other 

13 record of the United States to the surface transpor14 tation program under section 133 of title 23, United 

15 States Code, shall be deemed to be a reference to the 

16 surface transportation block grant program under 

17 such section. 

18 SEC. 1107. RAILWAY-HIGHWAY GRADE CROSSINGS. 

19 Section 130(e)(1) of title 23, United States Code, is 

20 amended to read as follows: 

21 ‘‘(1) IN GENERAL.— 

22 ‘‘(A) SET ASIDE.—Before making an ap23 portionment under section 104(b)(3) for a fiscal 

24 year, the Secretary shall set aside, from 

25 amounts made available to carry out the highVerDate Sep 11 2014 00:32 Oct 21, 2015 Jkt 059200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H3763.IH H3763

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1 way safety improvement program under section 

2 148 for such fiscal year, for the elimination of 

3 hazards and the installation of protective de4 vices at railway-highway crossings at least— 

5 ‘‘(i) $225,000,000 for fiscal year 

6 2016; 

7 ‘‘(ii) $230,000,000 for fiscal year 

8 2017; 

9 ‘‘(iii) $235,000,000 for fiscal year 

10 2018; 

11 ‘‘(iv) $240,000,000 for fiscal year 

12 2019; 

13 ‘‘(v) $245,000,000 for fiscal year 

14 2020; and 

15 ‘‘(vi) $250,000,000 for fiscal year 

16 2021. 

17 ‘‘(B) INSTALLATION OF PROTECTIVE DEVICES.—At least 1 18 ⁄2 of the funds set aside each 

19 fiscal year under subparagraph (A) shall be 

20 available for the installation of protective de21 vices at railway-highway crossings. 

22 ‘‘(C) OBLIGATION AVAILABILITY.—Sums 

23 set aside each fiscal year under subparagraph 

24 (A) shall be available for obligation in the same 


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1 manner as funds apportioned under section 

2 104(b)(1) of this title.’’. 

3 SEC. 1108. HIGHWAY SAFETY IMPROVEMENT PROGRAM. 

4 (a) DEFINITIONS.— 

5 (1) IN GENERAL.—Section 148(a) of title 23, 

6 United States Code, is amended— 

7 (A) in paragraph (4)(B)— 

8 (i) in the matter preceding clause (i), 

9 by striking ‘‘includes, but is not limited 

10 to,’’ and inserting ‘‘only includes’’; and 

11 (ii) by adding at the end the fol12 lowing: 

13 ‘‘(xxv) Installation of vehicle-to-infra14 structure communication equipment. 

15 ‘‘(xxvi) Pedestrian hybrid beacons. 

16 ‘‘(xxvii) Roadway improvements that 

17 provide separation between pedestrians and 

18 motor vehicles, including medians and pe19 destrian crossing islands. 

20 ‘‘(xxviii) A physical infrastructure 

21 safety project not described in clauses (i) 

22 through (xxvii).’’; 

23 (B) by striking paragraph (10); and 


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1 (C) by redesignating paragraphs (11) 

2 through (13) as paragraphs (10) through (12), 

3 respectively. 

4 (2) CONFORMING AMENDMENTS.—Section 148 

5 of title 23, United States Code, is amended— 

6 (A) in subsection (c)(1)(A) by striking 

7 ‘‘subsections (a)(12)’’ and inserting ‘‘sub8 sections (a)(11)’’; and 

9 (B) in subsection (d)(2)(B)(i) by striking 

10 ‘‘subsection (a)(12)’’ and inserting ‘‘subsection 

11 (a)(11)’’. 

12 (b) DATA COLLECTION.—Section 148(f) of title 23, 

13 United States Code, is amended by adding at the end the 

14 following: 

15 ‘‘(3) PROCESS.—The Secretary shall establish a 

16 process to allow a State to cease to collect the subset 

17 referred to in paragraph (2)(A) for public roads that 

18 are gravel roads or otherwise unpaved if— 

19 ‘‘(A) the State does not use funds provided 

20 to carry out this section for a project on such 

21 roads until the State completes a collection of 

22 the required model inventory of roadway ele23 ments for the roads; and 

24 ‘‘(B) the State demonstrates that the State 

25 consulted with affected Indian tribes before 


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1 ceasing to collect data with respect to such 

2 roads that are included in the National Tribal 

3 Transportation Facility Inventory. 

4 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in 

5 paragraph (3) may be construed to allow a State to 

6 cease data collection related to serious injuries or fa7 talities.’’. 

8 (c) RURAL ROAD SAFETY.—Section 148(g)(1) of title 

9 23, United States Code, is amended— 

10 (1) by striking ‘‘If the fatality rate’’ and insert11 ing the following: 

12 ‘‘(A) IN GENERAL.—If the fatality rate’’; 

13 and 

14 (2) by adding at the end the following: 

15 ‘‘(B) FATALITIES EXCEEDING THE MEDIAN

16 RATE.—If the fatality rate on rural roads in a 

17 State, for the most recent 2-year period for 

18 which data is available, is more than the me19 dian fatality rate for rural roads among all 

20 States for such 2-year period, the State shall be 

21 required to demonstrate, in the subsequent 

22 State strategic highway safety plan of the 

23 State, strategies to address fatalities and 

24 achieve safety improvements on high risk rural 

25 roads.’’. 


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1 (d) COMMERCIAL MOTOR VEHICLE SAFETY BEST

2 PRACTICES.— 

3 (1) REVIEW.—The Secretary shall conduct a re4 view of best practices with respect to the implemen5 tation of roadway safety infrastructure improve6 ments that— 

7 (A) are cost effective; and 

8 (B) reduce the number or severity of acci9 dents involving commercial motor vehicles. 

10 (2) CONSULTATION.—In conducting the review 

11 under paragraph (1), the Secretary shall consult 

12 with State transportation departments and units of 

13 local government. 

14 (3) REPORT.—Not later than 1 year after the 

15 date of enactment of this Act, the Secretary shall 

16 submit to the Committee on Transportation and In17 frastructure of the House of Representatives and the 

18 Committee on Environment and Public Works of the 

19 Senate, and make available on the public Internet 

20 Web site of the Department, a report describing the 

21 results of the review conducted under paragraph (1). 

22 SEC. 1109. CONGESTION MITIGATION AND AIR QUALITY IM23 PROVEMENT PROGRAM. 

24 (a) ELIGIBLE PROJECTS.—Section 149(b) of title 23, 

25 United States Code, is amended— 


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1 (1) in paragraph (7) by striking ‘‘or’’ at the 

2 end; 

3 (2) in paragraph (8) by striking the period at 

4 the end and inserting ‘‘; or’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(9) if the project or program is for the instal7 lation of vehicle-to-infrastructure communication 

8 equipment.’’. 

9 (b) STATES FLEXIBILITY.—Section 149(d) of title 

10 23, United States Code, is amended to read as follows: 

11 ‘‘(d) STATES FLEXIBILITY.— 

12 ‘‘(1) STATES WITHOUT A NONATTAINMENT

13 AREA.—If a State does not have, and never has had, 

14 a nonattainment area designated under the Clean 

15 Air Act (42 U.S.C. 7401 et seq.), the State may use 

16 funds apportioned to the State under section 

17 104(b)(4) for any project in the State that— 

18 ‘‘(A) would otherwise be eligible under sub19 section (b) if the project were carried out in a 

20 nonattainment or maintenance area; or 

21 ‘‘(B) is eligible under the surface transpor22 tation block grant program under section 133. 

23 ‘‘(2) STATES WITH A NONATTAINMENT AREA.— 

24 ‘‘(A) IN GENERAL.—If a State has a non25 attainment area or maintenance area and reVerDate Sep 11 2014 00:32 Oct 21, 2015 Jkt 059200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H3763.IH H3763

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1 ceived funds in fiscal year 2009 under section 

2 104(b)(2)(D), as in effect on the day before the 

3 date of enactment of the MAP–21, above the 

4 amount of funds that the State would have re5 ceived based on the nonattainment and mainte6 nance area population of the State under sub7 paragraphs (B) and (C) of section 104(b)(2), as 

8 in effect on the day before the date of enact9 ment of the MAP–21, the State may use, for 

10 any project that would otherwise be eligible 

11 under subsection (b) if the project were carried 

12 out in a nonattainment or maintenance area or 

13 is eligible under the surface transportation 

14 block grant program under section 133, an 

15 amount of funds apportioned to such State 

16 under section 104(b)(4) that is equal to the 

17 product obtained by multiplying— 

18 ‘‘(i) the amount apportioned to such 

19 State under section 104(b)(4) (excluding 

20 the amounts reserved for obligation under 

21 subsection (k)(1)); by 

22 ‘‘(ii) the ratio calculated under sub23 paragraph (B). 


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1 ‘‘(B) RATIO.—For purposes of this para2 graph, the ratio shall be calculated as the pro3 portion that— 

4 ‘‘(i) the amount for fiscal year 2009 

5 such State was permitted by section 

6 149(c)(2), as in effect on the day before 

7 the date of enactment of the MAP–21, to 

8 obligate in any area of the State for 

9 projects eligible under section 133, as in 

10 effect on the day before the date of enact11 ment of the MAP–21; bears to 

12 ‘‘(ii) the total apportionment to such 

13 State for fiscal year 2009 under section 

14 104(b)(2), as in effect on the day before 

15 the date of enactment of the MAP–21. 

16 ‘‘(3) CHANGES IN DESIGNATION.—If a new 

17 nonattainment area is designated or a previously 

18 designated nonattainment area is redesignated as an 

19 attainment area in a State under the Clean Air Act 

20 (42 U.S.C. 7401 et seq.), the Secretary shall modify, 

21 in a manner consistent with the approach that was 

22 in effect on the day before the date of enactment of 

23 MAP–21, the amount such State is permitted to ob24 ligate in any area of the State for projects eligible 

25 under section 133.’’. 


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1 (c) PRIORITY CONSIDERATION.—Section 149(g)(3) 

2 of title 23, United States Code, is amended to read as 

3 follows: 

4 ‘‘(3) PRIORITY CONSIDERATION.— 

5 ‘‘(A) IN GENERAL.—In distributing funds 

6 received for congestion mitigation and air qual7 ity projects and programs from apportionments 

8 under section 104(b)(4) in areas designated as 

9 nonattainment or maintenance for PM2.5 under 

10 the Clean Air Act (42 U.S.C. 7401 et seq.) and 

11 where regional motor vehicle emissions are not 

12 an insignificant contributor to the air quality 

13 problem for PM2.5, States and metropolitan 

14 planning organizations shall give priority to 

15 projects, including diesel retrofits, that are 

16 proven to reduce direct emissions of PM2.5. 

17 ‘‘(B) USE OF FUNDING.—To the maximum 

18 extent practicable, funding used in an area de19 scribed in subparagraph (A) shall be used on 

20 the most cost-effective projects and programs 

21 that are proven to reduce directly emitted fine 

22 particulate matter.’’. 

23 (d) PRIORITY FOR USE OF FUNDS IN PM2.5 

24 AREAS.—Section 149(k) of title 23, United States Code, 

25 is amended— 


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1 (1) in paragraph (1) by striking ‘‘such fine par2 ticulate’’ and inserting ‘‘directly emitted fine partic3 ulate’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(3) PM2.5 NONATTAINMENT AND MAINTE6 NANCE IN LOW POPULATION DENSITY STATES.— 

7 ‘‘(A) EXCEPTION.—For any State with a 

8 population density of 80 or fewer persons per 

9 square mile of land area, based on the most re10 cent decennial census, subsection (g)(3) and 

11 paragraphs (1) and (2) of this subsection do 

12 not apply to a nonattainment or maintenance 

13 area in the State if— 

14 ‘‘(i) the nonattainment or mainte15 nance area does not have projects that are 

16 part of the emissions analysis of a metro17 politan transportation plan or transpor18 tation improvement program; and 

19 ‘‘(ii) regional motor vehicle emissions 

20 are an insignificant contributor to the air 

21 quality problem for PM2.5 in the non22 attainment or maintenance area. 

23 ‘‘(B) CALCULATION.—If subparagraph (A) 

24 applies to a nonattainment or maintenance area 

25 in a State, the percentage of the PM2.5 set 


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1 aside under paragraph (1) shall be reduced for 

2 that State proportionately based on the weight3 ed population of the area in fine particulate 

4 matter nonattainment.’’. 

5 (e) PERFORMANCE PLAN.—Section 149(l)(1)(B) of 

6 title 23, United States Code, is amended by inserting 

7 ‘‘emission and congestion reduction’’ after ‘‘achieving 

8 the’’. 

9 SEC. 1110. NATIONAL HIGHWAY FREIGHT POLICY. 

10 (a) IN GENERAL.—Section 167 of title 23, United 

11 States Code, is amended to read as follows: 

12 ‘‘§ 167. National highway freight policy 

13 ‘‘(a) IN GENERAL.—It is the policy of the United 

14 States to improve the condition and performance of the 

15 National Highway Freight Network established under this 

16 section to ensure that the Network provides a foundation 

17 for the United States to compete in the global economy 

18 and achieve the goals described in subsection (b). 

19 ‘‘(b) GOALS.—The goals of the national highway 

20 freight policy are— 

21 ‘‘(1) to invest in infrastructure improvements 

22 and to implement operational improvements that— 

23 ‘‘(A) strengthen the contribution of the 

24 National Highway Freight Network to the eco25 nomic competitiveness of the United States; 


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1 ‘‘(B) reduce congestion and bottlenecks on 

2 the National Highway Freight Network; and 

3 ‘‘(C) increase productivity, particularly for 

4 domestic industries and businesses that create 

5 high-value jobs; 

6 ‘‘(2) to improve the safety, security, and resil7 ience of highway freight transportation; 

8 ‘‘(3) to improve the state of good repair of the 

9 National Highway Freight Network; 

10 ‘‘(4) to use innovation and advanced technology 

11 to improve the safety, efficiency, and reliability of 

12 the National Highway Freight Network; 

13 ‘‘(5) to improve the economic efficiency of the 

14 National Highway Freight Network; 

15 ‘‘(6) to improve the short and long distance 

16 movement of goods that— 

17 ‘‘(A) travel across rural areas between pop18 ulation centers; and 

19 ‘‘(B) travel between rural areas and popu20 lation centers; 

21 ‘‘(7) to improve the flexibility of States to sup22 port multi-State corridor planning and the creation 

23 of multi-State organizations to increase the ability of 

24 States to address highway freight connectivity; and 


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1 ‘‘(8) to reduce the environmental impacts of 

2 freight movement on the National Highway Freight 

3 Network. 

4 ‘‘(c) ESTABLISHMENT OF NATIONAL HIGHWAY

5 FREIGHT NETWORK.— 

6 ‘‘(1) IN GENERAL.—The Secretary shall estab7 lish a National Highway Freight Network in accord8 ance with this section to strategically direct Federal 

9 resources and policies toward improved performance 

10 of the Network. 

11 ‘‘(2) NETWORK COMPONENTS.—The National 

12 Highway Freight Network shall consist of— 

13 ‘‘(A) the Interstate System; 

14 ‘‘(B) non-Interstate highway segments on 

15 the 41,000-mile comprehensive primary freight 

16 network developed by the Secretary under sec17 tion 167(d) as in effect on the day before the 

18 date of enactment of the Surface Transpor19 tation Reauthorization and Reform Act of 

20 2015; and 

21 ‘‘(C) additional non-Interstate highway 

22 segments designated by the States under sub23 section (d). 

24 ‘‘(d) STATE ADDITIONS TO NETWORK.— 


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1 ‘‘(1) IN GENERAL.—Not later than 1 year after 

2 the date of enactment of the Surface Transportation 

3 Reauthorization and Reform Act of 2015, each 

4 State, in consultation with the State freight advisory 

5 committee, may increase the number of miles des6 ignated as part of the National Highway Freight 

7 Network by not more than 10 percent of the miles 

8 designated in that State under subparagraphs (A) 

9 and (B) of subsection (c)(2) if the additional miles— 

10 ‘‘(A) close gaps between segments of the 

11 National Highway Freight Network; 

12 ‘‘(B) establish connections from the Na13 tional Highway Freight Network to critical fa14 cilities for the efficient movement of freight, in15 cluding ports, freight railroads, international 

16 border crossings, airports, intermodal facilities, 

17 warehouse and logistics centers, and agricul18 tural facilities; or 

19 ‘‘(C) designate critical emerging freight 

20 corridors. 

21 ‘‘(2) SUBMISSION.—Each State shall— 

22 ‘‘(A) submit to the Secretary a list of the 

23 additional miles added under this subsection; 

24 and 


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1 ‘‘(B) certify that the additional miles meet 

2 the requirements of paragraph (1). 

3 ‘‘(e) REDESIGNATION.— 

4 ‘‘(1) REDESIGNATION BY SECRETARY.— 

5 ‘‘(A) IN GENERAL.—Effective beginning 5 

6 years after the date of enactment of the Surface 

7 Transportation Reauthorization and Reform 

8 Act of 2015, and every 5 years thereafter, the 

9 Secretary shall redesignate the highway seg10 ments designated by the Secretary under sub11 section (c)(2)(B) that are on the National 

12 Highway Freight Network. 

13 ‘‘(B) CONSIDERATIONS.—In redesignating 

14 highway segments under subparagraph (A), the 

15 Secretary shall consider— 

16 ‘‘(i) changes in the origins and des17 tinations of freight movements in the 

18 United States; 

19 ‘‘(ii) changes in the percentage of an20 nual average daily truck traffic in the an21 nual average daily traffic on principal arte22 rials; 

23 ‘‘(iii) changes in the location of key 

24 facilities; 


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1 ‘‘(iv) critical emerging freight cor2 ridors; and 

3 ‘‘(v) network connectivity. 

4 ‘‘(C) LIMITATION.—Each redesignation 

5 under subparagraph (A) may increase the mile6 age on the National Highway Freight Network 

7 designated by the Secretary by not more than 

8 3 percent. 

9 ‘‘(2) REDESIGNATION BY STATES.— 

10 ‘‘(A) IN GENERAL.—Effective beginning 5 

11 years after the date of enactment of the Surface 

12 Transportation Reauthorization and Reform 

13 Act of 2015, and every 5 years thereafter, each 

14 State may, in consultation with the State 

15 freight advisory committee, redesignate the 

16 highway segments designated by the State 

17 under subsection (c)(2)(C) that are on the Na18 tional Highway Freight Network. 

19 ‘‘(B) CONSIDERATIONS.—In redesignating 

20 highway segments under subparagraph (A), the 

21 State shall consider— 

22 ‘‘(i) gaps between segments of the Na23 tional Highway Freight Network; 

24 ‘‘(ii) needed connections from the Na25 tional Highway Freight Network to critical 


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1 facilities for the efficient movement of 

2 freight, including ports, freight railroads, 

3 international border crossings, airports, 

4 intermodal facilities, warehouse and logis5 tics centers, and agricultural facilities; and 

6 ‘‘(iii) critical emerging freight cor7 ridors. 

8 ‘‘(C) LIMITATION.—Each redesignation 

9 under subparagraph (A) may increase the mile10 age on the National Highway Freight Network 

11 designated by the State by not more than 3 

12 percent. 

13 ‘‘(D) RESUBMISSION.—Each State, under 

14 the advisement of the State freight advisory 

15 committee, shall— 

16 ‘‘(i) submit to the Secretary a list of 

17 the miles redesignated under this para18 graph; and 

19 ‘‘(ii) certify that the redesignated 

20 miles meet the requirements of subsection 

21 (d)(1).’’. 

22 (b) CLERICAL AMENDMENT.—The analysis for chap23 ter 1 of title 23, United States Code, is amended by strik24 ing the item relating to section 167 and inserting the fol25 lowing: 

‘‘167. National highway freight policy.’’. 


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1 SEC. 1111. NATIONALLY SIGNIFICANT FREIGHT AND HIGH2 WAY PROJECTS. 

3 (a) IN GENERAL.—Title 23, United States Code, is 

4 amended by inserting after section 116 the following: 

5 ‘‘§ 117. Nationally significant freight and highway 

6 projects 

7 ‘‘(a) ESTABLISHMENT.—There is established a na8 tionally significant freight and highway projects program 

9 to provide financial assistance for projects of national or 

10 regional significance that will— 

11 ‘‘(1) improve the safety, efficiency, and reli12 ability of the movement of freight and people; 

13 ‘‘(2) generate national or regional economic 

14 benefits and an increase in the global economic com15 petitiveness of the United States; 

16 ‘‘(3) reduce highway congestion and bottle17 necks; 

18 ‘‘(4) improve connectivity between modes of 

19 freight transportation; or 

20 ‘‘(5) enhance the strength, durability, and serv21 iceability of critical highway infrastructure. 

22 ‘‘(b) GRANT AUTHORITY.—In carrying out the pro23 gram established in subsection (a), the Secretary may 

24 make grants, on a competitive basis, in accordance with 

25 this section. 

26 ‘‘(c) ELIGIBLE APPLICANTS.— 


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1 ‘‘(1) IN GENERAL.—The Secretary may make a 

2 grant under this section to the following: 

3 ‘‘(A) A State or group of States. 

4 ‘‘(B) A metropolitan planning organization 

5 that serves an urbanized area (as defined by 

6 the Bureau of the Census) with a population of 

7 more than 200,000 individuals. 

8 ‘‘(C) A unit of local government. 

9 ‘‘(D) A special purpose district or public 

10 authority with a transportation function, includ11 ing a port authority. 

12 ‘‘(E) A Federal land management agency 

13 that applies jointly with a State or group of 

14 States. 

15 ‘‘(2) APPLICATIONS.—To be eligible for a grant 

16 under this section, an entity specified in paragraph 

17 (1) shall submit to the Secretary an application in 

18 such form, at such time, and containing such infor19 mation as the Secretary determines is appropriate. 

20 ‘‘(d) ELIGIBLE PROJECTS.— 

21 ‘‘(1) IN GENERAL.—Except as provided in sub22 section (h), the Secretary may make a grant under 

23 this section only for a project that— 

24 ‘‘(A) is— 


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1 ‘‘(i) a freight project carried out on 

2 the National Highway Freight Network es3 tablished under section 167 of this title; 

4 ‘‘(ii) a highway or bridge project car5 ried out on the National Highway System; 

6 ‘‘(iii) an intermodal or rail freight 

7 project carried out on the National 

8 Multimodal Freight Network established 

9 under section 70103 of title 49; or 

10 ‘‘(iv) a railway-highway grade crossing 

11 or grade separation project; and 

12 ‘‘(B) has eligible project costs that are rea13 sonably anticipated to equal or exceed the lesser 

14 of— 

15 ‘‘(i) $100,000,000; or 

16 ‘‘(ii) in the case of a project— 

17 ‘‘(I) located in 1 State, 30 per18 cent of the amount apportioned under 

19 this chapter to the State in the most 

20 recently completed fiscal year; or 

21 ‘‘(II) located in more than 1 

22 State, 50 percent of the amount ap23 portioned under this chapter to the 

24 participating State with the largest 

25 apportionment under this chapter in 


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1 the most recently completed fiscal 

2 year. 

3 ‘‘(2) LIMITATION.— 

4 ‘‘(A) IN GENERAL.—Not more than 

5 $500,000,000 of the amounts made available 

6 for grants under this section for fiscal years 

7 2016 through 2021, in the aggregate, may be 

8 used to make grants for projects described in 

9 paragraph (1)(A)(iii) and such a project may 

10 only receive a grant under this section if— 

11 ‘‘(i) the project will make a significant 

12 improvement to freight movements on the 

13 National Highway Freight Network; and 

14 ‘‘(ii) the Federal share of the project 

15 funds only elements of the project that 

16 provide public benefits. 

17 ‘‘(B) EXCLUSIONS.—The limitation under 

18 subparagraph (A) shall— 

19 ‘‘(i) not apply to a railway-highway 

20 grade crossing or grade separation project; 

21 and 

22 ‘‘(ii) with respect to a multimodal 

23 project, shall apply only to the non-high24 way portion or portions of the project. 


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1 ‘‘(e) ELIGIBLE PROJECT COSTS.—Grant amounts re2 ceived for a project under this section may be used for— 

3 ‘‘(1) development phase activities, including 

4 planning, feasibility analysis, revenue forecasting, 

5 environmental review, preliminary engineering and 

6 design work, and other preconstruction activities; 

7 and 

8 ‘‘(2) construction, reconstruction, rehabilitation, 

9 acquisition of real property (including land related 

10 to the project and improvements to the land), envi11 ronmental mitigation, construction contingencies, ac12 quisition of equipment, and operational improve13 ments. 

14 ‘‘(f) PROJECT REQUIREMENTS.—The Secretary may 

15 make a grant for a project described under subsection (d) 

16 only if the relevant applicant demonstrates that— 

17 ‘‘(1) the project will generate national or re18 gional economic, mobility, or safety benefits; 

19 ‘‘(2) the project will be cost effective; 

20 ‘‘(3) the project will contribute to the accom21 plishment of 1 or more of the national goals de22 scribed under section 150 of this title; 

23 ‘‘(4) the project is based on the results of pre24 liminary engineering; 


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1 ‘‘(5) with respect to related non-Federal finan2 cial commitments— 

3 ‘‘(A) 1 or more stable and dependable 

4 sources of funding and financing are available 

5 to construct, maintain, and operate the project; 

6 and 

7 ‘‘(B) contingency amounts are available to 

8 cover unanticipated cost increases; 

9 ‘‘(6) the project cannot be easily addressed 

10 using other funding available to the project sponsor 

11 under this chapter; and 

12 ‘‘(7) the project is reasonably expected to begin 

13 construction not later than 18 months after the date 

14 of obligation of funds for the project. 

15 ‘‘(g) ADDITIONAL CONSIDERATIONS.—In making a 

16 grant under this section, the Secretary shall consider— 

17 ‘‘(1) the extent to which a project utilizes non18 traditional financing, innovative design and con19 struction techniques, or innovative technologies; 

20 ‘‘(2) the amount and source of non-Federal 

21 contributions with respect to the proposed project; 

22 and 

23 ‘‘(3) the need for geographic diversity among 

24 grant recipients, including the need for a balance be25 tween the needs of rural and urban communities. 


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1 ‘‘(h) RESERVED AMOUNTS.— 

2 ‘‘(1) IN GENERAL.—The Secretary shall reserve 

3 not less than 10 percent of the amounts made avail4 able for grants under this section each fiscal year to 

5 make grants for projects described in subsection 

6 (d)(1)(A)(i) that do not satisfy the minimum thresh7 old under subsection (d)(1)(B). 

8 ‘‘(2) GRANT AMOUNT.—Each grant made under 

9 this subsection shall be in an amount that is at least 

10 $5,000,000. 

11 ‘‘(3) PROJECT SELECTION CONSIDERATIONS.— 

12 In addition to other applicable requirements, in 

13 making grants under this subsection the Secretary 

14 shall consider— 

15 ‘‘(A) the cost effectiveness of the proposed 

16 project; and 

17 ‘‘(B) the effect of the proposed project on 

18 mobility in the State and region in which the 

19 project is carried out. 

20 ‘‘(4) EXCESS FUNDING.—In any fiscal year in 

21 which qualified applications for grants under this 

22 subsection will not allow for the amount reserved 

23 under paragraph (1) to be fully utilized, the Sec24 retary shall use the unutilized amounts to make 

25 other grants under this section. 


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1 ‘‘(5) RURAL AREAS.—The Secretary shall re2 serve not less than 20 percent of the amounts made 

3 available for grants under this section, including the 

4 amounts made available under paragraph (1), each 

5 fiscal year to make grants for projects located in 

6 rural areas. 

7 ‘‘(i) FEDERAL SHARE.— 

8 ‘‘(1) IN GENERAL.—The Federal share of the 

9 cost of a project assisted with a grant under this 

10 section may not exceed 50 percent. 

11 ‘‘(2) NON-FEDERAL SHARE.—Funds appor12 tioned to a State under section 104(b)(1) or 

13 104(b)(2) may be used to satisfy the non-Federal 

14 share of the cost of a project for which a grant is 

15 made under this section so long as the total amount 

16 of Federal funding for the project does not exceed 

17 80 percent of project costs. 

18 ‘‘(j) AGREEMENTS TO COMBINE AMOUNTS.—Two or 

19 more entities specified in subsection (c)(1) may combine, 

20 pursuant to an agreement entered into by the entities, any 

21 part of the amounts provided to the entities from grants 

22 under this section for a project for which the relevant 

23 grants were made if— 

24 ‘‘(1) the agreement will benefit each entity en25 tering into the agreement; and 


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1 ‘‘(2) the agreement is not in violation of a law 

2 of any such entity. 

3 ‘‘(k) TREATMENT OF FREIGHT PROJECTS.—Not4 withstanding any other provision of law, a freight project 

5 carried out under this section shall be treated as if the 

6 project is located on a Federal-aid highway. 

7 ‘‘(l) TIFIA PROGRAM.—At the request of an eligible 

8 applicant under this section, the Secretary may use 

9 amounts awarded to the entity to pay subsidy and admin10 istrative costs necessary to provide the entity Federal 

11 credit assistance under chapter 6 with respect to the 

12 project for which the grant was awarded. 

13 ‘‘(m) CONGRESSIONAL NOTIFICATION.— 

14 ‘‘(1) NOTIFICATION.—At least 60 days before 

15 making a grant for a project under this section, the 

16 Secretary shall notify, in writing, the Committee on 

17 Transportation and Infrastructure of the House of 

18 Representatives and the Committee on Environment 

19 and Public Works of the Senate of the proposed 

20 grant. The notification shall include an evaluation 

21 and justification for the project and the amount of 

22 the proposed grant award. 

23 ‘‘(2) CONGRESSIONAL DISAPPROVAL.—The Sec24 retary may not make a grant or any other obligation 

25 or commitment to fund a project under this section 


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1 if a joint resolution is enacted disapproving funding 

2 for the project before the last day of the 60-day pe3 riod described in paragraph (1).’’. 

4 (b) CLERICAL AMENDMENT.—The analysis for chap5 ter 1 of title 23, United States Code, is amended by insert6 ing after the item relating to section 116 the following: 

‘‘117. Nationally significant freight and highway projects.’’. 

7 (c) REPEAL.—Section 1301 of SAFETEA–LU (23 

8 U.S.C. 101 note), and the item relating to that section 

9 in the table of contents in section 1(b) of such Act, are 

10 repealed. 

11 SEC. 1112. TERRITORIAL AND PUERTO RICO HIGHWAY PRO12 GRAM. 

13 Section 165(a) of title 23, United States Code, is 

14 amended— 

15 (1) in paragraph (1) by striking 

16 ‘‘$150,000,000’’ and inserting ‘‘$158,000,000’’; and 

17 (2) in paragraph (2) by striking ‘‘$40,000,000’’ 

18 and inserting ‘‘$42,000,000’’. 

19 SEC. 1113. FEDERAL LANDS AND TRIBAL TRANSPORTATION 

20 PROGRAM. 

21 Section 201(c)(6) of title 23, United States Code, is 

22 amended by adding at the end the following: 

23 ‘‘(C) TRIBAL DATA COLLECTION.—In addi24 tion to the data to be collected under subpara25 graph (A), not later than 90 days after the last 


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1 day of each fiscal year, any entity carrying out 

2 a project under the tribal transportation pro3 gram under section 202 shall submit to the Sec4 retary and the Secretary of the Interior, based 

5 on obligations and expenditures under the tribal 

6 transportation program during the preceding 

7 fiscal year, the following data: 

8 ‘‘(i) The names of projects and activi9 ties carried out by the entity under the 

10 tribal transportation program during the 

11 preceding fiscal year. 

12 ‘‘(ii) A description of the projects and 

13 activities identified under clause (i). 

14 ‘‘(iii) The current status of the 

15 projects and activities identified under 

16 clause (i). 

17 ‘‘(iv) An estimate of the number of 

18 jobs created and the number of jobs re19 tained by the projects and activities identi20 fied under clause (i).’’. 

21 SEC. 1114. TRIBAL TRANSPORTATION PROGRAM. 

22 Section 202(a)(6) of title 23, United States Code, is 

23 amended by striking ‘‘6 percent’’ and inserting ‘‘5 per24 cent’’. 


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1 SEC. 1115. FEDERAL LANDS TRANSPORTATION PROGRAM. 

2 Section 203 of title 23, United States Code, is 

3 amended— 

4 (1) in subsection (a)(1)(B) by striking ‘‘oper5 ation’’ and inserting ‘‘capital, operations,’’; 

6 (2) in subsection (b)— 

7 (A) in paragraph (1)(B)— 

8 (i) in clause (iv) by striking ‘‘and’’ at 

9 the end; 

10 (ii) in clause (v) by striking the period 

11 at the end and inserting a semicolon; and 

12 (iii) by adding at the end the fol13 lowing: 

14 ‘‘(vi) the Bureau of Reclamation; and 

15 ‘‘(vii) independent Federal agencies 

16 with natural resource and land manage17 ment responsibilities.’’; and 

18 (B) in paragraph (2)(B)— 

19 (i) in the matter preceding clause (i) 

20 by inserting ‘‘performance management, 

21 including’’ after ‘‘support’’; and 

22 (ii) in clause (i)(II) by striking ‘‘, 

23 and’’ and inserting ‘‘; and’’; and 

24 (3) in subsection (c)(2)(B) by adding at the end 

25 the following: 

26 ‘‘(vi) The Bureau of Reclamation.’’. 


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1 SEC. 1116. TRIBAL TRANSPORTATION SELF-GOVERNANCE 

2 PROGRAM. 

3 (a) IN GENERAL.—Chapter 2 of title 23, United 

4 States Code, is amended by inserting after section 206 the 

5 following: 

6 ‘‘SEC. 207. TRIBAL TRANSPORTATION SELF-GOVERNANCE 

7 PROGRAM. 

8 ‘‘(a) ESTABLISHMENT.—Subject to the requirements 

9 of this section, the Secretary shall establish and carry out 

10 a program to be known as the tribal transportation self11 governance program. The Secretary may delegate respon12 sibilities for administration of the program as the Sec13 retary determines appropriate. 

14 ‘‘(b) ELIGIBILITY.— 

15 ‘‘(1) IN GENERAL.—Subject to paragraphs (2) 

16 and (3), an Indian tribe shall be eligible to partici17 pate in the program if the Indian tribe requests par18 ticipation in the program by resolution or other offi19 cial action by the governing body of the Indian tribe, 

20 and demonstrates, for the preceding 3 fiscal years, 

21 financial stability and financial management capa22 bility, and transportation program management ca23 pability. 

24 ‘‘(2) CRITERIA FOR DETERMINING FINANCIAL

25 STABILITY AND FINANCIAL MANAGEMENT CAPAC26 ITY.—For the purposes of paragraph (1), evidence 


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1 that, during the preceding 3 fiscal years, an Indian 

2 tribe had no uncorrected significant and material 

3 audit exceptions in the required annual audit of the 

4 Indian tribe’s self-determination contracts or self5 governance funding agreements with any Federal 

6 agency shall be conclusive evidence of the required 

7 financial stability and financial management capa8 bility. 

9 ‘‘(3) CRITERIA FOR DETERMINING TRANSPOR10 TATION PROGRAM MANAGEMENT CAPABILITY.—The 

11 Secretary shall require an Indian tribe to dem12 onstrate transportation program management capa13 bility, including the capability to manage and com14 plete projects eligible under this title and projects el15 igible under chapter 53 of title 49, to gain eligibility 

16 for the program. 

17 ‘‘(c) COMPACTS.— 

18 ‘‘(1) COMPACT REQUIRED.—Upon the request 

19 of an eligible Indian tribe, and subject to the re20 quirements of this section, the Secretary shall nego21 tiate and enter into a written compact with the In22 dian tribe for the purpose of providing for the par23 ticipation of the Indian tribe in the program. 

24 ‘‘(2) CONTENTS.—A compact entered into 

25 under paragraph (1) shall set forth the general 


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1 terms of the government-to-government relationship 

2 between the Indian tribe and the United States 

3 under the program and other terms that will con4 tinue to apply in future fiscal years. 

5 ‘‘(3) AMENDMENTS.—A compact entered into 

6 with an Indian tribe under paragraph (1) may be 

7 amended only by mutual agreement of the Indian 

8 tribe and the Secretary. 

9 ‘‘(d) ANNUAL FUNDING AGREEMENTS.— 

10 ‘‘(1) FUNDING AGREEMENT REQUIRED.—After 

11 entering into a compact with an Indian tribe under 

12 subsection (c), the Secretary shall negotiate and 

13 enter into a written annual funding agreement with 

14 the Indian tribe. 

15 ‘‘(2) CONTENTS.— 

16 ‘‘(A) IN GENERAL.— 

17 ‘‘(i) FORMULA FUNDING AND DISCRE18 TIONARY GRANTS.—A funding agreement 

19 entered into with an Indian tribe shall au20 thorize the Indian tribe, as determined by 

21 the Indian tribe, to plan, conduct, consoli22 date, administer, and receive full tribal 

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1 tered by the Department for all programs, 

2 services, functions, and activities (or por3 tions thereof) that are made available to 

4 Indian tribes to carry out tribal transpor5 tation programs and programs, services, 

6 functions, and activities (or portions there7 of) administered by the Secretary that are 

8 otherwise available to Indian tribes. 

9 ‘‘(ii) TRANSFERS OF STATE FUNDS.— 

10 ‘‘(I) INCLUSION OF TRANS11 FERRED FUNDS IN FUNDING AGREE12 MENT.—A funding agreement entered 

13 into with an Indian tribe shall include 

14 Federal-aid funds apportioned to a 

15 State under chapter 1 if the State 

16 elects to provide a portion of such 

17 funds to the Indian tribe for a project 

18 eligible under section 202(a). 

19 ‘‘(II) METHOD FOR TRANS20 FERS.—If a State elects to provide 

21 funds described in subclause (I) to an 

22 Indian tribe, the State shall transfer 

23 the funds back to the Secretary and 

24 the Secretary shall transfer the funds 


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1 to the Indian tribe in accordance with 

2 this section. 

3 ‘‘(III) RESPONSIBILITY FOR

4 TRANSFERRED FUNDS.—Notwith5 standing any other provision of law, if 

6 a State provides funds described in 

7 subclause (I) to an Indian tribe— 

8 ‘‘(aa) the State shall not be 

9 responsible for constructing or 

10 maintaining a project carried out 

11 using the funds or for admin12 istering or supervising the project 

13 or funds during the applicable 

14 statute of limitations period re15 lated to the construction of the 

16 project; and 

17 ‘‘(bb) the Indian tribe shall 

18 be responsible for constructing 

19 and maintaining a project carried 

20 out using the funds and for ad21 ministering and supervising the 

22 project and funds in accordance 

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1 riod related to the construction of 

2 the project. 

3 ‘‘(B) ADMINISTRATION OF TRIBAL

4 SHARES.—The tribal shares referred to in sub5 paragraph (A) shall be provided without regard 

6 to the agency or office of the Department with7 in which the program, service, function, or ac8 tivity (or portion thereof) is performed. 

9 ‘‘(C) FLEXIBLE AND INNOVATIVE FINANC10 ING.— 

11 ‘‘(i) IN GENERAL.—A funding agree12 ment entered into with an Indian tribe 

13 under paragraph (1) shall include provi14 sions pertaining to flexible and innovative 

15 financing if agreed upon by the parties. 

16 ‘‘(ii) TERMS AND CONDITIONS.— 

17 ‘‘(I) AUTHORITY TO ISSUE REGU18 LATIONS.—The Secretary may issue 

19 regulations to establish the terms and 

20 conditions relating to the flexible and 

21 innovative financing provisions re22 ferred to in clause (i). 

23 ‘‘(II) TERMS AND CONDITIONS IN

24 ABSENCE OF REGULATIONS.—If the 

25 Secretary does not issue regulations 


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1 under subclause (I), the terms and 

2 conditions relating to the flexible and 

3 innovative financing provisions re4 ferred to in clause (i) shall be con5 sistent with— 

6 ‘‘(aa) agreements entered 

7 into by the Department under— 

8 ‘‘(AA) section 

9 202(b)(7); and 

10 ‘‘(BB) section 

11 202(d)(5), as in effect be12 fore the date of enactment 

13 of MAP–21 (Public Law 

14 112–141); or 

15 ‘‘(bb) regulations of the De16 partment of the Interior relating 

17 to flexible financing contained in 

18 part 170 of title 25, Code of 

19 Federal Regulations, as in effect 

20 on the date of enactment of the 

21 Surface Transportation Reau22 thorization and Reform Act of 

23 2015. 

24 ‘‘(3) TERMS.—A funding agreement shall set 

25 forth— 


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1 ‘‘(A) terms that generally identify the pro2 grams, services, functions, and activities (or 

3 portions thereof) to be performed or adminis4 tered by the Indian tribe; and 

5 ‘‘(B) for items identified in subparagraph 

6 (A)— 

7 ‘‘(i) the general budget category as8 signed; 

9 ‘‘(ii) the funds to be provided, includ10 ing those funds to be provided on a recur11 ring basis; 

12 ‘‘(iii) the time and method of transfer 

13 of the funds; 

14 ‘‘(iv) the responsibilities of the Sec15 retary and the Indian tribe; and 

16 ‘‘(v) any other provision agreed to by 

17 the Indian tribe and the Secretary. 

18 ‘‘(4) SUBSEQUENT FUNDING AGREEMENTS.— 

19 ‘‘(A) APPLICABILITY OF EXISTING AGREE20 MENT.—Absent notification from an Indian 

21 tribe that the Indian tribe is withdrawing from 

22 or retroceding the operation of 1 or more pro23 grams, services, functions, or activities (or por24 tions thereof) identified in a funding agreement, 

25 or unless otherwise agreed to by the parties, 


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1 each funding agreement shall remain in full 

2 force and effect until a subsequent funding 

3 agreement is executed. 

4 ‘‘(B) EFFECTIVE DATE OF SUBSEQUENT

5 AGREEMENT.—The terms of the subsequent 

6 funding agreement shall be retroactive to the 

7 end of the term of the preceding funding agree8 ment. 

9 ‘‘(5) CONSENT OF INDIAN TRIBE REQUIRED.— 

10 The Secretary shall not revise, amend, or require ad11 ditional terms in a new or subsequent funding agree12 ment without the consent of the Indian tribe that is 

13 subject to the agreement unless such terms are re14 quired by Federal law. 

15 ‘‘(e) GENERAL PROVISIONS.— 

16 ‘‘(1) REDESIGN AND CONSOLIDATION.— 

17 ‘‘(A) IN GENERAL.—An Indian tribe, in 

18 any manner that the Indian tribe considers to 

19 be in the best interest of the Indian community 

20 being served, may— 

21 ‘‘(i) redesign or consolidate programs, 

22 services, functions, and activities (or por23 tions thereof) included in a funding agree24 ment; and 


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1 ‘‘(ii) reallocate or redirect funds for 

2 such programs, services, functions, and ac3 tivities (or portions thereof), if the funds 

4 are— 

5 ‘‘(I) expended on projects identi6 fied in a transportation improvement 

7 program approved by the Secretary; 

8 and 

9 ‘‘(II) used in accordance with the 

10 requirements in— 

11 ‘‘(aa) appropriations Acts; 

12 ‘‘(bb) this title and chapter 

13 53 of title 49; and 

14 ‘‘(cc) any other applicable 

15 law. 

16 ‘‘(B) EXCEPTION.—Notwithstanding sub17 paragraph (A), if, pursuant to subsection (d), 

18 an Indian tribe receives a discretionary or com19 petitive grant from the Secretary or receives 

20 State apportioned funds, the Indian tribe shall 

21 use the funds for the purpose for which the 

22 funds were originally authorized. 

23 ‘‘(2) RETROCESSION.— 

24 ‘‘(A) IN GENERAL.— 


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1 ‘‘(i) AUTHORITY OF INDIAN TRIBES.— 

2 An Indian tribe may retrocede (fully or 

3 partially) to the Secretary programs, serv4 ices, functions, or activities (or portions 

5 thereof) included in a compact or funding 

6 agreement. 

7 ‘‘(ii) REASSUMPTION OF REMAINING

8 FUNDS.—Following a retrocession de9 scribed in clause (i), the Secretary may— 

10 ‘‘(I) reassume the remaining 

11 funding associated with the retroceded 

12 programs, functions, services, and ac13 tivities (or portions thereof) included 

14 in the applicable compact or funding 

15 agreement; 

16 ‘‘(II) out of such remaining 

17 funds, transfer funds associated with 

18 Department of Interior programs, 

19 services, functions, or activities (or 

20 portions thereof) to the Secretary of 

21 the Interior to carry out transpor22 tation services provided by the Sec23 retary of the Interior; and 


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1 ‘‘(III) distribute funds not trans2 ferred under subclause (II) in accord3 ance with applicable law. 

4 ‘‘(iii) CORRECTION OF PROGRAMS.—If 

5 the Secretary makes a finding under sub6 section (f)(2)(B) and no funds are avail7 able under subsection (f)(2)(A)(ii), the 

8 Secretary shall not be required to provide 

9 additional funds to complete or correct any 

10 programs, functions, services, or activities 

11 (or portions thereof). 

12 ‘‘(B) EFFECTIVE DATE.—Unless the In13 dian tribe rescinds a request for retrocession, 

14 the retrocession shall become effective within 

15 the timeframe specified by the parties in the 

16 compact or funding agreement. In the absence 

17 of such a specification, the retrocession shall 

18 become effective on— 

19 ‘‘(i) the earlier of— 

20 ‘‘(I) 1 year after the date of sub21 mission of the request; or 

22 ‘‘(II) the date on which the fund23 ing agreement expires; or 

24 ‘‘(ii) such date as may be mutually 

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1 spect to Department of the Interior pro2 grams, functions, services, and activities 

3 (or portions thereof), the Secretary of the 

4 Interior. 

5 ‘‘(f) PROVISIONS RELATING TO SECRETARY.— 

6 ‘‘(1) DECISIONMAKER.—A decision that relates 

7 to an appeal of the rejection of a final offer by the 

8 Department shall be made either— 

9 ‘‘(A) by an official of the Department who 

10 holds a position at a higher organizational level 

11 within the Department than the level of the de12 partmental agency in which the decision that is 

13 the subject of the appeal was made; or 

14 ‘‘(B) by an administrative judge. 

15 ‘‘(2) TERMINATION OF COMPACT OR FUNDING

16 AGREEMENT.— 

17 ‘‘(A) AUTHORITY TO TERMINATE.— 

18 ‘‘(i) PROVISION TO BE INCLUDED IN

19 COMPACT OR FUNDING AGREEMENT.—A 

20 compact or funding agreement shall in21 clude a provision authorizing the Sec22 retary, if the Secretary makes a finding de23 scribed in subparagraph (B), to— 


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1 ‘‘(I) terminate the compact or 

2 funding agreement (or a portion 

3 thereof); and 

4 ‘‘(II) reassume the remaining 

5 funding associated with the reassumed 

6 programs, functions, services, and ac7 tivities included in the compact or 

8 funding agreement. 

9 ‘‘(ii) TRANSFERS OF FUNDS.—Out of 

10 any funds reassumed under clause (i)(II), 

11 the Secretary may transfer the funds asso12 ciated with Department of the Interior 

13 programs, functions, services, and activi14 ties (or portions thereof) to the Secretary 

15 of the Interior to provide continued trans16 portation services in accordance with appli17 cable law. 

18 ‘‘(B) FINDINGS RESULTING IN TERMI19 NATION.—The finding referred to in subpara20 graph (A) is a specific finding of— 

21 ‘‘(i) imminent jeopardy to a trust 

22 asset, natural resources, or public health 

23 and safety that is caused by an act or 

24 omission of the Indian tribe and that 

25 arises out of a failure to carry out the 


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1 compact or funding agreement, as deter2 mined by the Secretary; or 

3 ‘‘(ii) gross mismanagement with re4 spect to funds or programs transferred to 

5 the Indian tribe under the compact or 

6 funding agreement, as determined by the 

7 Secretary in consultation with the Inspec8 tor General of the Department, as appro9 priate. 

10 ‘‘(C) PROHIBITION.—The Secretary shall 

11 not terminate a compact or funding agreement 

12 (or portion thereof) unless— 

13 ‘‘(i) the Secretary has first provided 

14 written notice and a hearing on the record 

15 to the Indian tribe that is subject to the 

16 compact or funding agreement; and 

17 ‘‘(ii) the Indian tribe has not taken 

18 corrective action to remedy the mis19 management of funds or programs or the 

20 imminent jeopardy to a trust asset, natural 

21 resource, or public health and safety. 

22 ‘‘(D) EXCEPTION.— 

23 ‘‘(i) IN GENERAL.—Notwithstanding 

24 subparagraph (C), the Secretary, upon 

25 written notification to an Indian tribe that 


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1 is subject to a compact or funding agree2 ment, may immediately terminate the com3 pact or funding agreement (or portion 

4 thereof) if— 

5 ‘‘(I) the Secretary makes a find6 ing of imminent substantial and irrep7 arable jeopardy to a trust asset, nat8 ural resource, or public health and 

9 safety; and 

10 ‘‘(II) the jeopardy arises out of a 

11 failure to carry out the compact or 

12 funding agreement. 

13 ‘‘(ii) HEARINGS.—If the Secretary 

14 terminates a compact or funding agree15 ment (or portion thereof) under clause (i), 

16 the Secretary shall provide the Indian tribe 

17 subject to the compact or agreement with 

18 a hearing on the record not later than 10 

19 days after the date of such termination. 

20 ‘‘(E) BURDEN OF PROOF.—In any hearing 

21 or appeal involving a decision to terminate a 

22 compact or funding agreement (or portion 

23 thereof) under this paragraph, the Secretary 

24 shall have the burden of proof in demonstrating 


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1 by clear and convincing evidence the validity of 

2 the grounds for the termination. 

3 ‘‘(g) COST PRINCIPLES.—In administering funds re4 ceived under this section, an Indian tribe shall apply cost 

5 principles under the applicable Office of Management and 

6 Budget circular, except as modified by section 450j–1 of 

7 title 25, other provisions of law, or by any exemptions to 

8 applicable Office of Management and Budget circulars 

9 subsequently granted by the Office of Management and 

10 Budget. No other audit or accounting standards shall be 

11 required by the Secretary. Any claim by the Federal Gov12 ernment against the Indian tribe relating to funds received 

13 under a funding agreement based on any audit conducted 

14 pursuant to this subsection shall be subject to the provi15 sions of section 450j–1(f) of title 25. 

16 ‘‘(h) TRANSFER OF FUNDS.—The Secretary shall 

17 provide funds to an Indian tribe under a funding agree18 ment in an amount equal to— 

19 ‘‘(1) the sum of the funding that the Indian 

20 tribe would otherwise receive for the program, func21 tion, service, or activity in accordance with a funding 

22 formula or other allocation method established under 

23 this title or chapter 53 of title 49; and 

24 ‘‘(2) such additional amounts as the Secretary 

25 determines equal the amounts that would have been 


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1 withheld for the costs of the Bureau of Indian Af2 fairs for administration of the program or project. 

3 ‘‘(i) CONSTRUCTION PROGRAMS.— 

4 ‘‘(1) STANDARDS.—Construction projects car5 ried out under programs administered by an Indian 

6 tribe with funds transferred to the Indian tribe pur7 suant to a funding agreement entered into under 

8 this section shall be constructed pursuant to the con9 struction program standards set forth in applicable 

10 regulations or as specifically approved by the Sec11 retary (or the Secretary’s designee). 

12 ‘‘(2) MONITORING.—Construction programs 

13 shall be monitored by the Secretary in accordance 

14 with applicable regulations. 

15 ‘‘(j) FACILITATION.— 

16 ‘‘(1) SECRETARIAL INTERPRETATION.—Except 

17 as otherwise provided by law, the Secretary shall in18 terpret all Federal laws, Executive orders, and regu19 lations in a manner that will facilitate— 

20 ‘‘(A) the inclusion of programs, services, 

21 functions, and activities (or portions thereof) 

22 and funds associated therewith, in compacts 

23 and funding agreements; and 

24 ‘‘(B) the implementation of the compacts 

25 and funding agreements. 


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1 ‘‘(2) REGULATION WAIVER.— 

2 ‘‘(A) IN GENERAL.—An Indian tribe may 

3 submit to the Secretary a written request to 

4 waive application of a regulation promulgated 

5 under this section with respect to a compact or 

6 funding agreement. The request shall identify 

7 the regulation sought to be waived and the 

8 basis for the request. 

9 ‘‘(B) APPROVALS AND DENIALS.— 

10 ‘‘(i) IN GENERAL.—Not later than 90 

11 days after the date of receipt of a written 

12 request under subparagraph (A), the Sec13 retary shall approve or deny the request in 

14 writing. 

15 ‘‘(ii) REVIEW.—The Secretary shall 

16 review any application by an Indian tribe 

17 for a waiver bearing in mind increasing op18 portunities for using flexible policy ap19 proaches at the Indian tribal level. 

20 ‘‘(iii) DEEMED APPROVAL.—If the 

21 Secretary does not approve or deny a re22 quest submitted under subparagraph (A) 

23 on or before the last day of the 90-day pe24 riod referred to in clause (i), the request 

25 shall be deemed approved. 


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1 ‘‘(iv) DENIALS.—If the application for 

2 a waiver is not granted, the agency shall 

3 provide the applicant with the reasons for 

4 the denial as part of the written response 

5 required in clause (i). 

6 ‘‘(v) FINALITY OF DECISIONS.—A de7 cision by the Secretary under this subpara8 graph shall be final for the Department. 

9 ‘‘(k) DISCLAIMERS.— 

10 ‘‘(1) EXISTING AUTHORITY.—Notwithstanding 

11 any other provision of law, upon the election of an 

12 Indian tribe, the Secretary shall— 

13 ‘‘(A) maintain current tribal transportation 

14 program funding agreements and program 

15 agreements; or 

16 ‘‘(B) enter into new agreements under the 

17 authority of section 202(b)(7). 

18 ‘‘(2) LIMITATION ON STATUTORY CONSTRUC19 TION.—Nothing in this section may be construed to 

20 impair or diminish the authority of the Secretary 

21 under section 202(b)(7). 

22 ‘‘(l) APPLICABILITY OF INDIAN SELF-DETERMINA23 TION AND EDUCATION ASSISTANCE ACT.—Except to the 

24 extent in conflict with this section (as determined by the 

25 Secretary), the following provisions of the Indian Self-DeVerDate Sep 11 2014 00:32 Oct 21, 2015 Jkt 059200 PO 00000 Frm 00095 Fmt 6652 Sfmt 6201 E:\BILLS\H3763.IH H3763

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1 termination and Education Assistance Act shall apply to 

2 compact and funding agreements (except that any ref3 erence to the Secretary of the Interior or the Secretary 

4 of Health and Human Services in such provisions shall 

5 be treated as a reference to the Secretary of Transpor6 tation): 

7 ‘‘(1) Subsections (a), (b), (d), (g), and (h) of 

8 section 506 of such Act (25 U.S.C. 458aaa–5), re9 lating to general provisions. 

10 ‘‘(2) Subsections (b) through (e) and (g) of sec11 tion 507 of such Act (25 U.S.C.458aaa–6), relating 

12 to provisions relating to the Secretary of Health and 

13 Human Services. 

14 ‘‘(3) Subsections (a), (b), (d), (e), (g), (h), (i), 

15 and (k) of section 508 of such Act (25 U.S.C. 

16 458aaa–7), relating to transfer of funds. 

17 ‘‘(4) Section 510 of such Act (25 U.S.C. 

18 458aaa-9), relating to Federal procurement laws and 

19 regulations. 

20 ‘‘(5) Section 511 of such Act (25 U.S.C. 

21 458aaa–10), relating to civil actions. 

22 ‘‘(6) Subsections (a)(1), (a)(2), and (c) through 

23 (f) of section 512 of such Act (25 U.S.C. 458aaa– 

24 11), relating to facilitation, except that subsection 

25 (c)(1) of that section shall be applied by substituting 


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1 ‘transportation facilities and other facilities’ for 

2 ‘school buildings, hospitals, and other facilities’. 

3 ‘‘(7) Subsections (a) and (b) of section 515 of 

4 such Act (25 U.S.C. 458aaa–14), relating to dis5 claimers. 

6 ‘‘(8) Subsections (a) and (b) of section 516 of 

7 such Act (25 U.S.C. 458aaa–15), relating to appli8 cation of title I provisions. 

9 ‘‘(9) Section 518 of such Act (25 U.S.C. 

10 458aaa–17), relating to appeals. 

11 ‘‘(m) DEFINITIONS.— 

12 ‘‘(1) IN GENERAL.—In this section, the fol13 lowing definitions apply (except as otherwise ex14 pressly provided): 

15 ‘‘(A) COMPACT.—The term ‘compact’ 

16 means a compact between the Secretary and an 

17 Indian tribe entered into under subsection (c). 

18 ‘‘(B) DEPARTMENT.—The term ‘Depart19 ment’ means the Department of Transpor20 tation. 

21 ‘‘(C) ELIGIBLE INDIAN TRIBE.—The term 

22 ‘eligible Indian tribe’ means an Indian tribe 

23 that is eligible to participate in the program, as 

24 determined under subsection (b). 


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1 ‘‘(D) FUNDING AGREEMENT.—The term 

2 ‘funding agreement’ means a funding agree3 ment between the Secretary and an Indian tribe 

4 entered into under subsection (d). 

5 ‘‘(E) INDIAN TRIBE.—The term ‘Indian 

6 tribe’ means any Indian or Alaska Native tribe, 

7 band, nation, pueblo, village, or community that 

8 the Secretary of the Interior acknowledges to 

9 exist as an Indian tribe under the Federally 

10 Recognized Indian Tribe List Act of 1994 (25 

11 U.S.C. 479a). In any case in which an Indian 

12 tribe has authorized another Indian tribe, an 

13 intertribal consortium, or a tribal organization 

14 to plan for or carry out programs, services, 

15 functions, or activities (or portions thereof) on 

16 its behalf under this part, the authorized Indian 

17 tribe, intertribal consortium, or tribal organiza18 tion shall have the rights and responsibilities of 

19 the authorizing Indian tribe (except as other20 wise provided in the authorizing resolution or in 

21 this title). In such event, the term ‘Indian tribe’ 

22 as used in this part shall include such other au23 thorized Indian tribe, intertribal consortium, or 

24 tribal organization. 


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1 ‘‘(F) PROGRAM.—The term ‘program’ 

2 means the tribal transportation self-governance 

3 program established under this section. 

4 ‘‘(G) SECRETARY.—The term ‘Secretary’ 

5 means the Secretary of Transportation. 

6 ‘‘(H) TRANSPORTATION PROGRAMS.—The 

7 term ‘transportation programs’ means all pro8 grams administered or financed by the Depart9 ment under this title and chapter 53 of title 49. 

10 ‘‘(2) APPLICABILITY OF OTHER DEFINITIONS.— 

11 In this section, the definitions set forth in sections 

12 4 and 505 of the Indian Self-Determination and 

13 Education Assistance Act (25 U.S.C. 450b; 458aaa) 

14 apply, except as otherwise expressly provided in this 

15 section. 

16 ‘‘(n) REGULATIONS.— 

17 ‘‘(1) IN GENERAL.— 

18 ‘‘(A) PROMULGATION.—Not later than 90 

19 days after the date of enactment of the Surface 

20 Transportation Reauthorization and Reform 

21 Act of 2015, the Secretary shall initiate proce22 dures under subchapter III of chapter 5 of title 

23 5 to negotiate and promulgate such regulations 

24 as are necessary to carry out this section. 


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1 ‘‘(B) PUBLICATION OF PROPOSED REGULA2 TIONS.—Proposed regulations to implement this 

3 section shall be published in the Federal Reg4 ister by the Secretary not later than 21 months 

5 after such date of enactment. 

6 ‘‘(C) EXPIRATION OF AUTHORITY.—The 

7 authority to promulgate regulations under para8 graph (1) shall expire 30 months after such 

9 date of enactment. 

10 ‘‘(D) EXTENSION OF DEADLINES.—A 

11 deadline set forth in paragraph (1)(B) or (1)(C) 

12 may be extended up to 180 days if the nego13 tiated rulemaking committee referred to in 

14 paragraph (2) concludes that the committee 

15 cannot meet the deadline and the Secretary so 

16 notifies the appropriate committees of Con17 gress. 

18 ‘‘(2) COMMITTEE.— 

19 ‘‘(A) IN GENERAL.—A negotiated rule20 making committee established pursuant to sec21 tion 565 of title 5 to carry out this subsection 

22 shall have as its members only Federal and 

23 tribal government representatives, a majority of 

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1 tives of Indian tribes with funding agreements 

2 under this title. 

3 ‘‘(B) REQUIREMENTS.—The committee 

4 shall confer with, and accommodate participa5 tion by, representatives of Indian tribes, inter6 tribal consortia, tribal organizations, and indi7 vidual tribal members. 

8 ‘‘(C) ADAPTATION OF PROCEDURES.—The 

9 Secretary shall adapt the negotiated rulemaking 

10 procedures to the unique context of self-govern11 ance and the government-to-government rela12 tionship between the United States and Indian 

13 tribes. 

14 ‘‘(3) EFFECT.—The lack of promulgated regu15 lations shall not limit the effect of this section. 

16 ‘‘(4) EFFECT OF CIRCULARS, POLICIES, MANU17 ALS, GUIDANCE, AND RULES.—Unless expressly 

18 agreed to by the participating Indian tribe in the 

19 compact or funding agreement, the participating In20 dian tribe shall not be subject to any agency cir21 cular, policy, manual, guidance, or rule adopted by 

22 the Department, except regulations promulgated 

23 under this section.’’. 


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1 (b) CLERICAL AMENDMENT.—The analysis for such 

2 chapter is amended by inserting after the item relating 

3 to section 206 the following: 

‘‘207. Tribal transportation self-governance program.’’. 

4 SEC. 1117. EMERGENCY RELIEF. 

5 (a) ELIGIBILITY.—Section 125(d)(3) of title 23, 

6 United States Code, is amended— 

7 (1) in subparagraph (A) by striking ‘‘or’’ at the 

8 end; 

9 (2) in subparagraph (B) by striking the period 

10 at the end and inserting ‘‘; or’’; and 

11 (3) by adding at the end the following: 

12 ‘‘(C) projects eligible for assistance under 

13 this section located on Federal lands transpor14 tation facilities or other federally owned roads 

15 that are open to public travel (as defined in 

16 subsection (e)).’’. 

17 (b) DEFINITIONS.—Section 125(e) of title 23, United 

18 States Code, is amended by striking paragraph (1) and 

19 inserting the following: 

20 ‘‘(1) DEFINITIONS.—In this subsection, the fol21 lowing definitions apply: 

22 ‘‘(A) OPEN TO PUBLIC TRAVEL.—The term 

23 ‘open to public travel’ means, with respect to a 

24 road, that, except during scheduled periods, exVerDate Sep 11 2014 00:32 Oct 21, 2015 Jkt 059200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 E:\BILLS\H3763.IH H3763

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1 treme weather conditions, or emergencies, the 

2 road— 

3 ‘‘(i) is maintained; 

4 ‘‘(ii) is open to the general public; and 

5 ‘‘(iii) can accommodate travel by a 

6 standard passenger vehicle, without restric7 tive gates or prohibitive signs or regula8 tions, other than for general traffic control 

9 or restrictions based on size, weight, or 

10 class of registration. 

11 ‘‘(B) STANDARD PASSENGER VEHICLE.— 

12 The term ‘standard passenger vehicle’ means a 

13 vehicle with 6 inches of clearance from the low14 est point of the frame, body, suspension, or dif15 ferential to the ground.’’. 

16 SEC. 1118. HIGHWAY USE TAX EVASION PROJECTS. 

17 Section 143(b) of title 23, United States Code, is 

18 amended— 

19 (1) by striking paragraph (2)(A) and inserting 

20 the following: 

21 ‘‘(A) IN GENERAL.—From administrative 

22 funds made available under section 104(a), the 

23 Secretary may deduct such sums as are nec24 essary, not to exceed $6,000,000 for each of fisVerDate Sep 11 2014 00:32 Oct 21, 2015 Jkt 059200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 E:\BILLS\H3763.IH H3763

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1 cal years 2016 through 2021, to carry out this 

2 section.’’; 

3 (2) in the heading for paragraph (8) by insert4 ing ‘‘BLOCK GRANT’’ after ‘‘SURFACE TRANSPOR5 TATION’’; and 

6 (3) in paragraph (9) by inserting ‘‘, the Com7 mittee on Transportation and Infrastructure of the 

8 House of Representatives, and the Committee on 

9 Environment and Public Works of the Senate’’ after 

10 ‘‘the Secretary’’. 

11 SEC. 1119. BUNDLING OF BRIDGE PROJECTS. 

12 Section 144 of title 23, United States Code, is 

13 amended— 

14 (1) in subsection (c)(2)(A) by striking ‘‘the nat15 ural condition of the bridge’’ and inserting ‘‘the nat16 ural condition of the water’’; 

17 (2) by redesignating subsection (j) as sub18 section (k); 

19 (3) by inserting after subsection (i) the fol20 lowing: 

21 ‘‘(j) BUNDLING OF BRIDGE PROJECTS.— 

22 ‘‘(1) PURPOSE.—The purpose of this subsection 

23 is to save costs and time by encouraging States to 

24 bundle multiple bridge projects as 1 project. 


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1 ‘‘(2) ELIGIBLE ENTITY DEFINED.—In this sub2 section, the term ‘eligible entity’ means an entity eli3 gible to carry out a bridge project under section 119 

4 or 133. 

5 ‘‘(3) BUNDLING OF BRIDGE PROJECTS.—An eli6 gible entity may bundle 2 or more similar bridge 

7 projects that are— 

8 ‘‘(A) eligible projects under section 119 or 

9 133; 

10 ‘‘(B) included as a bundled project in a 

11 transportation improvement program under sec12 tion 134(j) or a statewide transportation im13 provement program under section 135, as appli14 cable; and 

15 ‘‘(C) awarded to a single contractor or con16 sultant pursuant to a contract for engineering 

17 and design or construction between the con18 tractor and an eligible entity. 

19 ‘‘(4) ITEMIZATION.—Notwithstanding any other 

20 provision of law (including regulations), a bundling 

21 of bridge projects under this subsection may be list22 ed as— 

23 ‘‘(A) 1 project for purposes of sections 134 

24 and 135; and 


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1 ‘‘(B) a single project within the applicable 

2 bundle. 

3 ‘‘(5) FINANCIAL CHARACTERISTICS.—Projects 

4 bundled under this subsection shall have the same fi5 nancial characteristics, including— 

6 ‘‘(A) the same funding category or sub7 category; and 

8 ‘‘(B) the same Federal share. 

9 ‘‘(6) ENGINEERING COST REIMBURSEMENT.— 

10 The provisions of section 102(b) do not apply to 

11 projects carried out under this subsection.’’; and 

12 (4) in subsection (k)(2), as redesignated by 

13 paragraph (2) of this section, by striking 

14 ‘‘104(b)(3)’’ and inserting ‘‘104(b)(2)’’. 

15 SEC. 1120. TRIBAL HIGH PRIORITY PROJECTS PROGRAM. 

16 Section 1123(h)(1) of MAP–21 (23 U.S.C. 202 note) 

17 is amended by striking ‘‘fiscal years’’ and all that follows 

18 through the period at the end and inserting ‘‘fiscal years 

19 2016 through 2021.’’. 

20 SEC. 1121. CONSTRUCTION OF FERRY BOATS AND FERRY 

21 TERMINAL FACILITIES. 

22 Section 147(e) of title 23, United States Code, is 

23 amended by striking ‘‘2013 and 2014’’ and replacing it 

24 with ‘‘2016 through 2021’’. 


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1 Subtitle B—Planning and 

2 Performance Management 

3 SEC. 1201. METROPOLITAN TRANSPORTATION PLANNING. 

4 Section 134 of title 23, United States Code, is 

5 amended— 

6 (1) in subsection (c)(2), by striking ‘‘and bicy7 cle transportation facilities’’ and inserting ‘‘, bicycle 

8 transportation facilities, and intermodal facilities 

9 that support intercity transportation, including 

10 intercity buses and intercity bus facilities’’; 

11 (2) in subsection (d)— 

12 (A) by redesignating paragraphs (3) 

13 through (6) as paragraphs (4) through (7), re14 spectively; 

15 (B) by inserting after paragraph (2) the 

16 following: 

17 ‘‘(3) REPRESENTATION.— 

18 ‘‘(A) IN GENERAL.—Designation or selec19 tion of officials or representatives under para20 graph (2) shall be determined by the metropoli21 tan planning organization according to the by22 laws or enabling statute of the organization. 

23 ‘‘(B) PUBLIC TRANSPORTATION REP24 RESENTATIVE.—Subject to the bylaws or ena25 bling statute of the metropolitan planning orgaVerDate Sep 11 2014 00:32 Oct 21, 2015 Jkt 059200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\H3763.IH H3763

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1 nization, a representative of a provider of public 

2 transportation may also serve as a representa3 tive of a local municipality. 

4 ‘‘(C) POWERS OF CERTAIN OFFICIALS.— 

5 An official described in paragraph (2)(B) shall 

6 have responsibilities, actions, duties, voting 

7 rights, and any other authority commensurate 

8 with other officials described in paragraph 

9 (2).’’; and 

10 (C) in paragraph (5) as so redesignated by 

11 striking ‘‘paragraph (5)’’ and inserting ‘‘para12 graph (6)’’; 

13 (3) in subsection (e)(4)(B), by striking ‘‘sub14 section (d)(5)’’ and inserting ‘‘subsection (d)(6)’’; 

15 (4) in subsection (g)(3)(A), by inserting ‘‘tour16 ism, natural disaster risk reduction,’’ after ‘‘eco17 nomic development,’’; 

18 (5) in subsection (h)— 

19 (A) in paragraph (1)— 

20 (i) in subparagraph (G), by striking 

21 ‘‘and’’ at the end; 

22 (ii) in subparagraph (H), by striking 

23 the period at the end and inserting ‘‘; 

24 and’’; and 


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1 (iii) by adding at the end the fol2 lowing: ‘‘(I) improve the resilience and reli3 ability of the transportation system.’’; and 

4 (B) in paragraph (2)(A) by striking ‘‘and 

5 in section 5301(c) of title 49’’ and inserting 

6 ‘‘and the general purposes described in section 

7 5301 of title 49’’; 

8 (6) in subsection (i)— 

9 (A) in paragraph (2)(A)(i) by striking 

10 ‘‘transit,’’ and inserting ‘‘public transportation 

11 facilities, intercity bus facilities,’’; 

12 (B) in paragraph (6)(A)— 

13 (i) by inserting ‘‘public ports,’’ before 

14 ‘‘freight shippers,’’; and 

15 (ii) by inserting ‘‘(including intercity 

16 bus operators, employer-based commuting 

17 programs, such as a carpool program, van18 pool program, transit benefit program, 

19 parking cash-out program, shuttle pro20 gram, or telework program)’’ after ‘‘private 

21 providers of transportation’’; and 

22 (C) in paragraph (8) by striking ‘‘para23 graph (2)(C)’’ and inserting ‘‘paragraph 

24 (2)(E)’’ each place it appears; 


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1 (7) in subsection (k)(3)(A), by inserting ‘‘(in2 cluding intercity bus operators, employer-based com3 muting programs such as a carpool program, van4 pool program, transit benefit program, parking cash5 out program, shuttle program, or telework program), 

6 job access projects,’’ after ‘‘reduction’’; 

7 (8) in subsection (l)— 

8 (A) by adding a period at the end of para9 graph (1); and 

10 (B) in paragraph (2)(D) by striking ‘‘of 

11 less than 200,000’’ and inserting ‘‘with a popu12 lation of 200,000 or less’’; 

13 (9) in subsection (n)(1) by inserting ‘‘49’’ after 

14 ‘‘chapter 53 of title’’; and 

15 (10) in subsection (p) by striking ‘‘Funds set 

16 aside under section 104(f)’’ and inserting ‘‘Funds 

17 apportioned under section 104(b)(5)’’. 

18 SEC. 1202. STATEWIDE AND NONMETROPOLITAN TRANS19 PORTATION PLANNING. 

20 Section 135 of title 23, United States Code, is 

21 amended— 

22 (1) in subsection (a)(2) by striking ‘‘and bicycle 

23 transportation facilities’’ and inserting, ‘‘bicycle 

24 transportation facilities, and intermodal facilities 


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1 that support intercity transportation, including 

2 intercity buses and intercity bus facilities’’; 

3 (2) in subsection (d)— 

4 (A) in paragraph (1)— 

5 (i) in subparagraph (G) by striking 

6 ‘‘and’’ at the end; 

7 (ii) in subparagraph (H) by striking 

8 the period at the end and inserting ‘‘; 

9 and’’; and 

10 (iii) by adding at the end the fol11 lowing: 

12 ‘‘(I) improve the resilience and reliability 

13 of the transportation system.’’; and 

14 (B) in paragraph (2)— 

15 (i) in subparagraph (A) by striking 

16 ‘‘and in section 5301(c) of title 49’’ and 

17 inserting ‘‘and the general purposes de18 scribed in section 5301 of title 49’’; 

19 (ii) in subparagraph (B)(ii) by strik20 ing ‘‘urbanized’’; and 

21 (iii) in subparagraph (C) by striking 

22 ‘‘urbanized’’; and 

23 (3) in subsection (f)— 

24 (A) in paragraph (3)(A)(ii)— 


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1 (i) by inserting ‘‘public ports,’’ before 

2 ‘‘freight shippers,’’; and 

3 (ii) by inserting ‘‘(including intercity 

4 bus operators, employer-based commuting 

5 programs, such as a carpool program, van6 pool program, transit benefit program, 

7 parking cash-out program, shuttle pro8 gram, or telework program)’’ after ‘‘private 

9 providers of transportation’’; and 

10 (B) in paragraph (7), in the matter pre11 ceding subparagraph (A), by striking ‘‘should’’ 

12 and inserting ‘‘shall’’. 

13 Subtitle C—Acceleration of Project 

14 Delivery 

15 SEC. 1301. SATISFACTION OF REQUIREMENTS FOR CER16 TAIN HISTORIC SITES. 

17 (a) HIGHWAYS.—Section 138 of title 23, United 

18 States Code, is amended by adding at the end the fol19 lowing: 

20 ‘‘(c) SATISFACTION OF REQUIREMENTS FOR CER21 TAIN HISTORIC SITES.— 

22 ‘‘(1) IN GENERAL.—The Secretary shall— 

23 ‘‘(A) align, to the maximum extent prac24 ticable, with the requirements of the National 

25 Environmental Policy Act of 1969 (42 U.S.C. 


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1 4231 et seq.) and section 306108 of title 54, in2 cluding implementing regulations; and 

3 ‘‘(B) not later than 90 days after the date 

4 of enactment of this subsection, coordinate with 

5 the Secretary of the Interior and the Executive 

6 Director of the Advisory Council on Historic 

7 Preservation (referred to in this subsection as 

8 the ‘Council’) to establish procedures to satisfy 

9 the requirements described in subparagraph (A) 

10 (including regulations). 

11 ‘‘(2) AVOIDANCE ALTERNATIVE ANALYSIS.— 

12 ‘‘(A) IN GENERAL.—If, in an analysis re13 quired under the National Environmental Pol14 icy Act of 1969 (42 U.S.C. 4231 et seq.), the 

15 Secretary determines that there is no feasible or 

16 prudent alternative to avoid use of a historic 

17 site, the Secretary may— 

18 ‘‘(i) include the determination of the 

19 Secretary in the analysis required under 

20 that Act; 

21 ‘‘(ii) provide a notice of the deter22 mination to— 

23 ‘‘(I) each applicable State his24 toric preservation officer and tribal 

25 historic preservation officer; 


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1 ‘‘(II) the Council, if the Council 

2 is participating in the consultation 

3 process under section 306108 of title 

4 54; and 

5 ‘‘(III) the Secretary of the Inte6 rior; and 

7 ‘‘(iii) request from the applicable pres8 ervation officer, the Council, and the Sec9 retary of the Interior a concurrence that 

10 the determination is sufficient to satisfy 

11 the requirement of subsection (a)(1). 

12 ‘‘(B) CONCURRENCE.—If the applicable 

13 preservation officer, the Council, and the Sec14 retary of the Interior each provide a concur15 rence requested under subparagraph (A)(iii), no 

16 further analysis under subsection (a)(1) shall be 

17 required. 

18 ‘‘(C) PUBLICATION.—A notice of a deter19 mination, together with each relevant concur20 rence to that determination, under subpara21 graph (A) shall be— 

22 ‘‘(i) included in the record of decision 

23 or finding of no significant impact of the 

24 Secretary; and 


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1 ‘‘(ii) posted on an appropriate Federal 

2 Web site by not later than 3 days after the 

3 date of receipt by the Secretary of all con4 currences requested under subparagraph 

5 (A)(iii). 

6 ‘‘(3) ALIGNING HISTORICAL REVIEWS.— 

7 ‘‘(A) IN GENERAL.—If the Secretary, the 

8 applicable preservation officer, the Council, and 

9 the Secretary of the Interior concur that no fea10 sible and prudent alternative exists as described 

11 in paragraph (2), the Secretary may provide to 

12 the applicable preservation officer, the Council, 

13 and the Secretary of the Interior notice of the 

14 intent of the Secretary to satisfy the require15 ments of subsection (a)(2) through the con16 sultation requirements of section 306108 of 

17 title 54. 

18 ‘‘(B) SATISFACTION OF CONDITIONS.—To 

19 satisfy the requirements of subsection (a)(2), 

20 each individual described in paragraph 

21 (2)(A)(ii) shall concur in the treatment of the 

22 applicable historic site described in the memo23 randum of agreement or programmatic agree24 ment developed under section 306108 of title 

25 54.’’. 


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1 (b) PUBLIC TRANSPORTATION.—Section 303 of title 

2 49, United States Code, is amended by adding at the end 

3 the following: 

4 ‘‘(e) SATISFACTION OF REQUIREMENTS FOR CER5 TAIN HISTORIC SITES.— 

6 ‘‘(1) IN GENERAL.—The Secretary shall— 

7 ‘‘(A) align, to the maximum extent prac8 ticable, the requirements of this section with 

9 the requirements of the National Environmental 

10 Policy Act of 1969 (42 U.S.C. 4231 et seq.) 

11 and section 306108 of title 54, including imple12 menting regulations; and 

13 ‘‘(B) not later than 90 days after the date 

14 of enactment of this subsection, coordinate with 

15 the Secretary of the Interior and the Executive 

16 Director of the Advisory Council on Historic 

17 Preservation (referred to in this subsection as 

18 the ‘Council’) to establish procedures to satisfy 

19 the requirements described in subparagraph (A) 

20 (including regulations). 

21 ‘‘(2) AVOIDANCE ALTERNATIVE ANALYSIS.— 

22 ‘‘(A) IN GENERAL.—If, in an analysis re23 quired under the National Environmental Pol24 icy Act of 1969 (42 U.S.C. 4231 et seq.), the 

25 Secretary determines that there is no feasible or 


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1 prudent alternative to avoid use of a historic 

2 site, the Secretary may— 

3 ‘‘(i) include the determination of the 

4 Secretary in the analysis required under 

5 that Act; 

6 ‘‘(ii) provide a notice of the deter7 mination to— 

8 ‘‘(I) each applicable State his9 toric preservation officer and tribal 

10 historic preservation officer; 

11 ‘‘(II) the Council, if the Council 

12 is participating in the consultation 

13 process under section 306108 of title 

14 54; and 

15 ‘‘(III) the Secretary of the Inte16 rior; and 

17 ‘‘(iii) request from the applicable pres18 ervation officer, the Council, and the Sec19 retary of the Interior a concurrence that 

20 the determination is sufficient to satisfy 

21 the requirement of subsection (c)(1). 

22 ‘‘(B) CONCURRENCE.—If the applicable 

23 preservation officer, the Council, and the Sec24 retary of the Interior each provide a concur25 rence requested under subparagraph (A)(iii), no 


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1 further analysis under subsection (a)(1) shall be 

2 required. 

3 ‘‘(C) PUBLICATION.—A notice of a deter4 mination, together with each relevant concur5 rence to that determination, under subpara6 graph (A) shall be— 

7 ‘‘(i) included in the record of decision 

8 or finding of no significant impact of the 

9 Secretary; and 

10 ‘‘(ii) posted on an appropriate Federal 

11 Web site by not later than 3 days after the 

12 date of receipt by the Secretary of all con13 currences requested under subparagraph 

14 (A)(iii). 

15 ‘‘(3) ALIGNING HISTORICAL REVIEWS.— 

16 ‘‘(A) IN GENERAL.—If the Secretary, the 

17 applicable preservation officer, the Council, and 

18 the Secretary of the Interior concur that no fea19 sible and prudent alternative exists as described 

20 in paragraph (2), the Secretary may provide to 

21 the applicable preservation officer, the Council, 

22 and the Secretary of the Interior notice of the 

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1 sultation requirements of section 306108 of 

2 title 54. 

3 ‘‘(B) SATISFACTION OF CONDITIONS.—To 

4 satisfy the requirements of subsection (c)(2), 

5 the applicable preservation officer, the Council, 

6 and the Secretary of the Interior shall concur in 

7 the treatment of the applicable historic site de8 scribed in the memorandum of agreement or 

9 programmatic agreement developed under sec10 tion 306108 of title 54.’’. 

11 SEC. 1302. TREATMENT OF IMPROVEMENTS TO RAIL AND 

12 TRANSIT UNDER PRESERVATION REQUIRE13 MENTS. 

14 (a) TITLE 23 AMENDMENT.—Section 138 of title 23, 

15 United States Code, as amended by this Act, is further 

16 amended by adding at the end the following: 

17 ‘‘(d) RAIL AND TRANSIT.— 

18 ‘‘(1) IN GENERAL.—Improvements to, or the 

19 maintenance, rehabilitation, or operation of, railroad 

20 or rail transit lines or elements thereof that are in 

21 use or were historically used for the transportation 

22 of goods or passengers shall not be considered a use 

23 of a historic site under subsection (a), regardless of 

24 whether the railroad or rail transit line or element 


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1 thereof is listed on, or eligible for listing on, the Na2 tional Register of Historic Places. 

3 ‘‘(2) EXCEPTIONS.— 

4 ‘‘(A) IN GENERAL.—Paragraph (1) shall 

5 not apply to— 

6 ‘‘(i) stations; or 

7 ‘‘(ii) bridges or tunnels located on— 

8 ‘‘(I) railroad lines that have been 

9 abandoned; or 

10 ‘‘(II) transit lines that are not in 

11 use. 

12 ‘‘(B) CLARIFICATION WITH RESPECT TO

13 CERTAIN BRIDGES AND TUNNELS.—The bridges 

14 and tunnels referred to in subparagraph (A)(ii) 

15 do not include bridges or tunnels located on 

16 railroad or transit lines— 

17 ‘‘(i) over which service has been dis18 continued; or 

19 ‘‘(ii) that have been railbanked or oth20 erwise reserved for the transportation of 

21 goods or passengers.’’. 

22 (b) TITLE 49 AMENDMENT.—Section 303 of title 49, 

23 United States Code, as amended by this Act, is further 

24 amended— 


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1 (1) in subsection (c), in the matter preceding 

2 paragraph (1), by striking ‘‘subsection (d)’’ and in3 serting ‘‘subsections (d), (e), and (f)’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(f) RAIL AND TRANSIT.— 

6 ‘‘(1) IN GENERAL.—Improvements to, or the 

7 maintenance, rehabilitation, or operation of, railroad 

8 or rail transit lines or elements thereof that are in 

9 use or were historically used for the transportation 

10 of goods or passengers shall not be considered a use 

11 of a historic site under subsection (c), regardless of 

12 whether the railroad or rail transit line or element 

13 thereof is listed on, or eligible for listing on, the Na14 tional Register of Historic Places. 

15 ‘‘(2) EXCEPTIONS.— 

16 ‘‘(A) IN GENERAL.—Paragraph (1) shall 

17 not apply to— 

18 ‘‘(i) stations; or 

19 ‘‘(ii) bridges or tunnels located on— 

20 ‘‘(I) railroad lines that have been 

21 abandoned; or 

22 ‘‘(II) transit lines that are not in 

23 use. 

24 ‘‘(B) CLARIFICATION WITH RESPECT TO

25 CERTAIN BRIDGES AND TUNNELS.—The bridges 


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1 and tunnels referred to in subparagraph (A)(ii) 

2 do not include bridges or tunnels located on 

3 railroad or transit lines— 

4 ‘‘(i) over which service has been dis5 continued; or 

6 ‘‘(ii) that have been railbanked or oth7 erwise reserved for the transportation of 

8 goods or passengers.’’. 

9 SEC. 1303. CLARIFICATION OF TRANSPORTATION ENVIRON10 MENTAL AUTHORITIES. 

11 (a) TITLE 23 AMENDMENT.—Section 138 of title 23, 

12 United States Code, as amended by this Act, is further 

13 amended by adding at the end the following: 

14 ‘‘(e) REFERENCES TO PAST TRANSPORTATION ENVI15 RONMENTAL AUTHORITIES.— 

16 ‘‘(1) SECTION 4(F) REQUIREMENTS.—The re17 quirements of this section are commonly referred to 

18 as section 4(f) requirements (see section 4(f) of the 

19 Department of Transportation Act (Public Law 89– 

20 670; 80 Stat. 934) as in effect before the repeal of 

21 that section). 

22 ‘‘(2) SECTION 106 REQUIREMENTS.—The re23 quirements of section 306108 of title 54 are com24 monly referred to as section 106 requirements (see 

25 section 106 of the National Historic Preservation 


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1 Act of 1966 (Public Law 89–665; 80 Stat. 915) as 

2 in effect before the repeal of that section).’’. 

3 (b) TITLE 49 AMENDMENT.—Section 303 of title 49, 

4 United States Code, as amended by this Act, is further 

5 amended by adding at the end the following: 

6 ‘‘(g) REFERENCES TO PAST TRANSPORTATION ENVI7 RONMENTAL AUTHORITIES.— 

8 ‘‘(1) SECTION 4(F) REQUIREMENTS.—The re9 quirements of this section are commonly referred to 

10 as section 4(f) requirements (see section 4(f) of the 

11 Department of Transportation Act (Public Law 89– 

12 670; 80 Stat. 934) as in effect before the repeal of 

13 that section). 

14 ‘‘(2) SECTION 106 REQUIREMENTS.—The re15 quirements of section 306108 of title 54 are com16 monly referred to as section 106 requirements (see 

17 section 106 of the National Historic Preservation 

18 Act of 1966 (Public Law 89–665; 80 Stat. 915) as 

19 in effect before the repeal of that section).’’. 

20 SEC. 1304. TREATMENT OF CERTAIN BRIDGES UNDER 

21 PRESERVATION REQUIREMENTS. 

22 (a) TITLE 23 AMENDMENT.—Section 138 of title 23, 

23 United States Code, as amended by this Act, is further 

24 amended by adding at the end the following: 


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1 ‘‘(f) BRIDGE EXEMPTION.—A common post-1945 

2 concrete or steel bridge or culvert that is exempt from in3 dividual review under section 306108 of title 54 (as de4 scribed in 77 Fed. Reg. 68790) shall be treated under this 

5 section as having a de minimis impact on an area.’’. 

6 (b) TITLE 49 AMENDMENT.—Section 303 of title 49, 

7 United States Code, as amended by this Act, is further 

8 amended by adding at the end the following: 

9 ‘‘(h) BRIDGE EXEMPTION.—A common post-1945 

10 concrete or steel bridge or culvert that is exempt from in11 dividual review under section 306108 of title 54 (as de12 scribed in 77 Fed. Reg. 68790) shall be treated under this 

13 section as having a de minimis impact on an area.’’. 

14 SEC. 1305. EFFICIENT ENVIRONMENTAL REVIEWS FOR 

15 PROJECT DECISIONMAKING. 

16 (a) DEFINITIONS.—Section 139(a) of title 23, United 

17 States Code, is amended— 

18 (1) by striking paragraph (5) and inserting the 

19 following: 

20 ‘‘(5) MULTIMODAL PROJECT.—The term 

21 ‘multimodal project’ means a project that requires 

22 the approval of more than 1 Department of Trans23 portation operating administration or secretarial of24 fice.’’; 

25 (2) by adding at the end the following: 


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1 ‘‘(9) SUBSTANTIAL DEFERENCE.—The term 

2 ‘substantial deference’ means deference by a partici3 pating agency to the recommendations and decisions 

4 of the lead agency unless it is not possible to defer 

5 without violating the participating agency’s statutory 

6 responsibilities.’’. 

7 (b) APPLICABILITY.—Section 139(b)(3) of title 23, 

8 United States Code, is amended— 

9 (1) in subparagraph (A) in the matter pre10 ceding clause (i) by striking ‘‘initiate a rulemaking 

11 to’’; and 

12 (2) by striking subparagraph (B) and inserting 

13 the following: 

14 ‘‘(B) REQUIREMENTS.—In carrying out 

15 subparagraph (A), the Secretary shall ensure 

16 that programmatic reviews— 

17 ‘‘(i) promote transparency, including 

18 the transparency of— 

19 ‘‘(I) the analyses and data used 

20 in the environmental reviews; 

21 ‘‘(II) the treatment of any de22 ferred issues raised by agencies or the 

23 public; and 


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1 ‘‘(III) the temporal and spatial 

2 scales to be used to analyze issues 

3 under subclauses (I) and (II); 

4 ‘‘(ii) use accurate and timely informa5 tion, including through establishment of— 

6 ‘‘(I) criteria for determining the 

7 general duration of the usefulness of 

8 the review; and 

9 ‘‘(II) a timeline for updating an 

10 out-of-date review; 

11 ‘‘(iii) describe— 

12 ‘‘(I) the relationship between any 

13 programmatic analysis and future 

14 tiered analysis; and 

15 ‘‘(II) the role of the public in the 

16 creation of future tiered analysis; 

17 ‘‘(iv) are available to other relevant 

18 Federal and State agencies, Indian tribes, 

19 and the public; and 

20 ‘‘(v) provide notice and public com21 ment opportunities consistent with applica22 ble requirements.’’. 

23 (c) FEDERAL LEAD AGENCY.—Section 139(c)(1)(A) 

24 of title 23, United States Code, is amended by inserting 


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1 ‘‘, or an operating administration thereof designated by 

2 the Secretary,’’ after ‘‘Department of Transportation’’. 

3 (d) PARTICIPATING AGENCIES.— 

4 (1) INVITATION.—Section 139(d)(2) of title 23, 

5 United States Code, is amended by striking ‘‘The 

6 lead agency shall identify, as early as practicable in 

7 the environmental review process for a project,’’ and 

8 inserting ‘‘Not later than 45 days after the date of 

9 publication of a notice of intent to prepare an envi10 ronmental impact statement or the initiation of an 

11 environmental assessment, the lead agency shall 

12 identify’’. 

13 (2) SINGLE NEPA DOCUMENT.—Section 139(d) 

14 of title 23, United States Code, is amended by add15 ing at the end the following: 

16 ‘‘(8) SINGLE NEPA DOCUMENT.— 

17 ‘‘(A) IN GENERAL.—Except as inconsistent 

18 with paragraph (7), to the maximum extent 

19 practicable and consistent with Federal law, all 

20 Federal permits and reviews for a project shall 

21 rely on a single environment document prepared 

22 under the National Environmental Policy Act of 

23 1969 (42 U.S.C. 4321 et seq.) under the lead24 ership of the lead agency. 

25 ‘‘(B) USE OF DOCUMENT.— 


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1 ‘‘(i) IN GENERAL.—To the maximum 

2 extent practicable, the lead agency shall 

3 develop an environmental document suffi4 cient to satisfy the requirements for any 

5 Federal approval or other Federal action 

6 required for the project, including permits 

7 issued by other Federal agencies. 

8 ‘‘(ii) COOPERATION OF PARTICI9 PATING AGENCIES.—Other participating 

10 agencies shall cooperate with the lead 

11 agency and provide timely information to 

12 help the lead agency carry out this sub13 paragraph. 

14 ‘‘(C) TREATMENT AS PARTICIPATING AND

15 COOPERATING AGENCIES.—A Federal agency 

16 required to make an approval or take an action 

17 for a project, as described in subparagraph (B), 

18 shall work with the lead agency for the project 

19 to ensure that the agency making the approval 

20 or taking the action is treated as being both a 

21 participating and cooperating agency for the 

22 project.’’. 

23 (e) PROJECT INITIATION.—Section 139(e) of title 23, 

24 United States Code, is amended by adding at the end the 

25 following: 


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1 ‘‘(3) ENVIRONMENTAL CHECKLIST.— 

2 ‘‘(A) DEVELOPMENT.—The lead agency 

3 for a project, in consultation with participating 

4 agencies, shall develop, as appropriate, a check5 list to help project sponsors identify potential 

6 natural, cultural, and historic resources in the 

7 area of the project. 

8 ‘‘(B) PURPOSE.—The purposes of the 

9 checklist are— 

10 ‘‘(i) to identify agencies and organiza11 tions that can provide information about 

12 natural, cultural, and historic resources; 

13 ‘‘(ii) to develop the information need14 ed to determine the range of alternatives; 

15 and 

16 ‘‘(iii) to improve interagency collabo17 ration to help expedite the permitting proc18 ess for the lead agency and participating 

19 agencies.’’. 

20 (f) PURPOSE AND NEED.—Section 139(f) of title 23, 

21 United States Code, is amended— 

22 (1) in the subsection heading by inserting ‘‘; 

23 ALTERNATIVES ANALYSIS’’ after ‘‘NEED’’; 

24 (2) in paragraph (4)— 


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1 (A) by striking subparagraph (A) and in2 serting the following: 

3 ‘‘(A) PARTICIPATION.— 

4 ‘‘(i) IN GENERAL.—As early as prac5 ticable during the environmental review 

6 process, the lead agency shall seek the in7 volvement of participating agencies and the 

8 public for the purpose of reaching agree9 ment early in the environmental review 

10 process on a reasonable range of alter11 natives that will satisfy all subsequent 

12 Federal environmental review and permit 

13 requirements. 

14 ‘‘(ii) COMMENTS OF PARTICIPATING

15 AGENCIES.—To the maximum extent prac16 ticable and consistent with applicable law, 

17 each participating agency receiving an op18 portunity for involvement under clause (i) 

19 shall— 

20 ‘‘(I) limit the agency’s comments 

21 to subject matter areas within the 

22 agency’s special expertise or jurisdic23 tion; and 


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1 ‘‘(II) afford substantial deference 

2 to the range of alternatives rec3 ommended by the lead agency. 

4 ‘‘(iii) EFFECT OF NONPARTICIPA5 TION.—A participating agency that de6 clines to participate in the development of 

7 the purpose and need and reasonable range 

8 of alternatives for a project shall be re9 quired to comply with the schedule devel10 oped under subsection (g)(1)(B).’’; and 

11 (B) in subparagraph (B)— 

12 (i) by striking ‘‘Following participa13 tion under paragraph (1)’’ and inserting 

14 the following: 

15 ‘‘(i) DETERMINATION.—Following 

16 participation under subparagraph (A)’’; 

17 and 

18 (ii) by adding at the end the fol19 lowing: 

20 ‘‘(ii) USE.—To the maximum extent 

21 practicable and consistent with Federal 

22 law, the range of alternatives determined 

23 for a project under clause (i) shall be used 

24 for all Federal environmental reviews and 


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1 permit processes required for the project 

2 unless the alternatives must be modified— 

3 ‘‘(I) to address significant new 

4 information or circumstances, and the 

5 lead agency and participating agencies 

6 agree that the alternatives must be 

7 modified to address the new informa8 tion or circumstances; or 

9 ‘‘(II) for the lead agency or a 

10 participating agency to fulfill its re11 sponsibilities under the National Envi12 ronmental Policy Act of 1969 (42 

13 U.S.C. 4321 et seq.) in a timely man14 ner.’’. 

15 (g) COORDINATION AND SCHEDULING.— 

16 (1) COORDINATION PLAN.—Section 139(g)(1) 

17 of title 23, United States Code, is amended— 

18 (A) in subparagraph (A) by striking ‘‘The 

19 lead agency’’ and inserting ‘‘Not later than 90 

20 days after the date of publication of a notice of 

21 intent to prepare an environmental impact 

22 statement or the initiation of an environmental 

23 assessment, the lead agency’’; and 

24 (B) in subparagraph (B)(i) by striking 

25 ‘‘may establish’’ and inserting ‘‘shall establish’’. 


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1 (2) COMMENT DEADLINES.—Section 139(g)(2) 

2 of title 23, United States Code, is amended— 

3 (A) in subparagraph (A)— 

4 (i) in clause (i) by striking ‘‘different 

5 deadline’’ and inserting ‘‘shorter deadline’’; 

6 and 

7 (ii) in clause (ii) by striking the pe8 riod at the end and inserting ‘‘shown or by 

9 a participating agency for good cause 

10 shown, in which case the lead agency shall 

11 document the reason for the extension.’’; 

12 and 

13 (B) in subparagraph (B)— 

14 (i) in clause (i) by striking ‘‘different 

15 deadline’’ and inserting ‘‘shorter deadline’’; 

16 and 

17 (ii) in clause (ii) by striking the pe18 riod at the end and inserting ‘‘shown or by 

19 a participating agency for good cause 

20 shown, in which case the lead agency shall 

21 document the reason for the extension.’’. 

22 (3) DEADLINES FOR DECISIONS UNDER OTHER

23 LAWS.—Section 139(g)(3) of title 23, United States 

24 Code, is amended to read as follows: 


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1 ‘‘(3) DEADLINES FOR DECISIONS UNDER

2 OTHER LAWS.— 

3 ‘‘(A) IN GENERAL.—In any case in which 

4 a decision under any Federal law relating to a 

5 project (including the issuance or denial of a 

6 permit or license) is required by law, regulation, 

7 or Executive order to be made after the date on 

8 which the lead agency has issued a categorical 

9 exclusion, finding of no significant impact, or 

10 record of decision with respect to the project, 

11 any such later decision shall be made or com12 pleted by the later of— 

13 ‘‘(i) the date that is 180 days after 

14 the lead agency’s final decision has been 

15 made; or 

16 ‘‘(ii) the date that is 180 days after 

17 the date on which a completed application 

18 was submitted for the permit or license. 

19 ‘‘(B) TREATMENT OF DELAYS.—Following 

20 the deadline established by subparagraph (A), 

21 the Secretary shall submit to the Committee on 

22 Transportation and Infrastructure of the House 

23 of Representatives and the Committee on Envi24 ronment and Public Works of the Senate, and 


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1 publish on the Department’s Internet Web 

2 site— 

3 ‘‘(i) as soon as practicable after the 

4 180-day period, an initial notice of the fail5 ure of the Federal agency to make the de6 cision; and 

7 ‘‘(ii) every 60 days thereafter, until 

8 such date as all decisions of the Federal 

9 agency relating to the project have been 

10 made by the Federal agency, an additional 

11 notice that describes the number of deci12 sions of the Federal agency that remain 

13 outstanding as of the date of the additional 

14 notice.’’. 

15 (4) ADOPTION OF DOCUMENTS; ACCELERATED

16 DECISIONMAKING IN ENVIRONMENTAL REVIEWS.— 

17 (A) IN GENERAL.—Section 139(g) of title 

18 23, United States Code, is amended— 

19 (i) by redesignating paragraph (4) as 

20 paragraph (5); and 

21 (ii) by inserting after paragraph (3) 

22 the following: 

23 ‘‘(4) ACCELERATED DECISIONMAKING IN ENVI24 RONMENTAL REVIEWS.— 


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1 ‘‘(A) IN GENERAL.—In preparing a final 

2 environmental impact statement under the Na3 tional Environmental Policy Act of 1969 (42 

4 U.S.C. 4321 et seq.), if the lead agency modi5 fies the statement in response to comments that 

6 are minor and are confined to factual correc7 tions or explanations of why the comments do 

8 not warrant additional agency response, the 

9 lead agency may write on errata sheets attached 

10 to the statement instead of rewriting the draft 

11 statement, subject to the condition that the er12 rata sheets— 

13 ‘‘(i) cite the sources, authorities, and 

14 reasons that support the position of the 

15 agency; and 

16 ‘‘(ii) if appropriate, indicate the cir17 cumstances that would trigger agency re18 appraisal or further response. 

19 ‘‘(B) SINGLE DOCUMENT.—To the max20 imum extent practicable, the lead agency shall 

21 expeditiously develop a single document that 

22 consists of a final environmental impact state23 ment and a record of decision, unless— 

24 ‘‘(i) the final environmental impact 

25 statement makes substantial changes to 


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1 the proposed action that are relevant to 

2 environmental or safety concerns; or 

3 ‘‘(ii) there is a significant new cir4 cumstance or information relevant to envi5 ronmental concerns that bears on the pro6 posed action or the impacts of the pro7 posed action.’’. 

8 (B) CONFORMING AMENDMENT.—Section 

9 1319 of MAP–21 (42 U.S.C. 4332a), and the 

10 item relating to that section in the table of con11 tents contained in section 1(c) of that Act, are 

12 repealed. 

13 (h) ISSUE IDENTIFICATION AND RESOLUTION.— 

14 (1) ISSUE RESOLUTION.—Section 139(h) of 

15 title 23, United States Code, is amended— 

16 (A) by redesignating paragraphs (4) 

17 through (7) as paragraphs (5) through (8), re18 spectively; and 

19 (B) by inserting after paragraph (3) the 

20 following: 

21 ‘‘(4) ISSUE RESOLUTION.—Any issue resolved 

22 by the lead agency and participating agencies may 

23 not be reconsidered unless significant new informa24 tion or circumstances arise.’’. 


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1 (2) FAILURE TO ASSURE.—Section 

2 139(h)(5)(C) of title 23, United States Code, (as re3 designated by paragraph (1)(A) of this subsection) is 

4 amended by striking ‘‘paragraph (5) and’’ and in5 serting ‘‘paragraph (6)’’. 

6 (3) ACCELERATED ISSUE RESOLUTION AND RE7 FERRAL.—Section 139(h)(6) of title 23, United 

8 States Code, (as redesignated by paragraph (1)(A) 

9 of this subsection) is amended by striking subpara10 graph (C) and inserting the following: 

11 ‘‘(C) REFERRAL TO COUNCIL ON ENVIRON12 MENTAL QUALITY.— 

13 ‘‘(i) IN GENERAL.—If issue resolution 

14 for a project is not achieved on or before 

15 the 30th day after the date of a meeting 

16 under subparagraph (B), the Secretary 

17 shall refer the matter to the Council on 

18 Environmental Quality. 

19 ‘‘(ii) MEETING.—Not later than 30 

20 days after the date of receipt of a referral 

21 from the Secretary under clause (i), the 

22 Council on Environmental Quality shall 

23 hold an issue resolution meeting with— 

24 ‘‘(I) the head of the lead agency; 


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1 ‘‘(II) the heads of relevant par2 ticipating agencies; and 

3 ‘‘(III) the project sponsor (in4 cluding the Governor only if the initial 

5 issue resolution meeting request came 

6 from the Governor). 

7 ‘‘(iii) RESOLUTION.—The Council on 

8 Environmental Quality shall work with the 

9 lead agency, relevant participating agen10 cies, and the project sponsor until all 

11 issues are resolved.’’. 

12 (4) FINANCIAL PENALTY PROVISIONS.—Section 

13 139(h)(7)(B)(i)(I) of title 23, United States Code, 

14 (as redesignated by paragraph (1)(A) of this sub15 section) is amended by striking ‘‘under section 

16 106(i) is required’’ and inserting ‘‘is required under 

17 subsection (h) or (i) of section 106’’. 

18 (i) ASSISTANCE TO AFFECTED STATE AND FEDERAL

19 AGENCIES.— 

20 (1) IN GENERAL.—Section 139(j)(1) of title 23, 

21 United States Code, is amended to read as follows: 

22 ‘‘(1) IN GENERAL.— 

23 ‘‘(A) AUTHORITY TO PROVIDE FUNDS.— 

24 The Secretary may allow a public entity receiv25 ing financial assistance from the Department of 


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1 Transportation under this title or chapter 53 of 

2 title 49 to provide funds to Federal agencies 

3 (including the Department), State agencies, and 

4 Indian tribes participating in the environmental 

5 review process for the project or program. 

6 ‘‘(B) USE OF FUNDS.—Funds referred to 

7 in subparagraph (A) may be provided only to 

8 support activities that directly and meaningfully 

9 contribute to expediting and improving permit10 ting and review processes, including planning, 

11 approval, and consultation processes for the 

12 project or program.’’. 

13 (2) ACTIVITIES ELIGIBLE FOR FUNDING.—Sec14 tion 139(j)(2) of title 23, United States Code, is 

15 amended by inserting ‘‘activities directly related to 

16 the environmental review process,’’ before ‘‘dedicated 

17 staffing,’’. 

18 (3) AGREEMENT.—Section 139(j)(6) of title 23, 

19 United States Code, is amended to read as follows: 

20 ‘‘(6) AGREEMENT.—Prior to providing funds 

21 approved by the Secretary for dedicated staffing at 

22 an affected agency under paragraphs (1) and (2), 

23 the affected agency and the requesting public entity 

24 shall enter into an agreement that establishes the 


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1 projects and priorities to be addressed by the use of 

2 the funds.’’. 

3 (j) IMPLEMENTATION OF PROGRAMMATIC COMPLI4 ANCE.— 

5 (1) RULEMAKING.—Not later than 1 year after 

6 the date of enactment of this Act, the Secretary 

7 shall complete a rulemaking to implement the provi8 sions of section 139(b)(3) of title 23, United States 

9 Code, as amended by this section. 

10 (2) CONSULTATION.—Before initiating the rule11 making under paragraph (1), the Secretary shall 

12 consult with relevant Federal agencies, relevant 

13 State resource agencies, State departments of trans14 portation, Indian tribes, and the public on the ap15 propriate use and scope of the programmatic ap16 proaches. 

17 (3) REQUIREMENTS.—In carrying out this sub18 section, the Secretary shall ensure that the rule19 making meets the requirements of section 

20 139(b)(3)(B) of title 23, United States Code, as 

21 amended by this section. 

22 (4) COMMENT PERIOD.—The Secretary shall— 

23 (A) allow not fewer than 60 days for public 

24 notice and comment on the proposed rule; and 


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1 (B) address any comments received under 

2 this subsection. 

3 SEC. 1306. IMPROVING TRANSPARENCY IN ENVIRON4 MENTAL REVIEWS. 

5 (a) IN GENERAL.—Not later than 18 months after 

6 the date of enactment of this Act, the Secretary shall— 

7 (1) maintain and use a searchable Internet Web 

8 site— 

9 (A) to make publicly available the status 

10 and progress of projects, as defined in section 

11 139 of title 23, United States Code, requiring 

12 an environmental assessment or an environ13 mental impact statement with respect to com14 pliance with applicable requirements of the Na15 tional Environmental Policy Act of 1969 (42 

16 U.S.C. 4321 et seq.) and any other Federal, 

17 State, or local approval required for such 

18 projects; and 

19 (B) to make publicly available the names 

20 of participating agencies not participating in 

21 the development of a project purpose and need 

22 and range of alternatives under section 139(f) 

23 of title 23, United States Code; and 

24 (2) in coordination with agencies described in 

25 subsection (b) and State agencies, issue reporting 


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1 standards to meet the requirements of paragraph 

2 (1). 

3 (b) FEDERAL, STATE, AND LOCAL AGENCY PARTICI4 PATION.—A Federal, State, or local agency participating 

5 in the environmental review or permitting process for a 

6 project, as defined in section 139 of title 23, United States 

7 Code, shall provide to the Secretary information regarding 

8 the status and progress of the approval of the project for 

9 publication on the Internet Web site maintained under 

10 subsection (a), consistent with the standards established 

11 under subsection (a). 

12 (c) STATES WITH DELEGATED AUTHORITY.—A 

13 State with delegated authority for responsibilities under 

14 the National Environmental Policy Act of 1969 (42 U.S.C. 

15 4321 et seq.) pursuant to section 327 of title 23, United 

16 States Code, shall be responsible for supplying project de17 velopment and compliance status to the Secretary for all 

18 applicable projects. 

19 SEC. 1307. INTEGRATION OF PLANNING AND ENVIRON20 MENTAL REVIEW. 

21 (a) DEFINITIONS.—Section 168(a) of title 23, United 

22 States Code, is amended— 

23 (1) by striking paragraph (1) and inserting the 

24 following: 


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1 ‘‘(1) ENVIRONMENTAL REVIEW PROCESS.—The 

2 term ‘environmental review process’ has the meaning 

3 given that term in section 139(a).’’; 

4 (2) by redesignating paragraphs (2) through 

5 (4) as paragraphs (3) through (5), respectively; 

6 (3) by inserting after paragraph (1) the fol7 lowing: 

8 ‘‘(2) LEAD AGENCY.—The term ‘lead agency’ 

9 has the meaning given that term in section 139(a).’’; 

10 and 

11 (4) by striking paragraph (3) (as redesignated 

12 by paragraph (2) of this subsection) and inserting 

13 the following: 

14 ‘‘(3) PLANNING PRODUCT.—The term ‘planning 

15 product’ means a decision, analysis, study, or other 

16 documented information that is the result of an eval17 uation or decisionmaking process carried out by a 

18 metropolitan planning organization or a State, as 

19 appropriate, during metropolitan or statewide trans20 portation planning under section 134 or section 135, 

21 respectively.’’. 

22 (b) ADOPTION OF PLANNING PRODUCTS FOR USE IN

23 NEPA PROCEEDINGS.—Section 168(b) of title 23, United 

24 States Code, is amended— 


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1 (1) in the subsection heading by inserting ‘‘OR

2 INCORPORATION BY REFERENCE’’ after ‘‘ADOP3 TION’’; 

4 (2) in paragraph (1) by striking ‘‘the Federal 

5 lead agency for a project may adopt’’ and inserting 

6 ‘‘and to the maximum extent practicable and appro7 priate, the lead agency for a project may adopt or 

8 incorporate by reference’’; 

9 (3) by striking paragraph (2) and redesignating 

10 paragraphs (3) and (4) as paragraphs (2) and (3), 

11 respectively; 

12 (4) by striking paragraph (2) (as so redesig13 nated) and inserting the following: 

14 ‘‘(2) PARTIAL ADOPTION OR INCORPORATION

15 BY REFERENCE OF PLANNING PRODUCTS.—The lead 

16 agency may adopt or incorporate by reference a 

17 planning product under paragraph (1) in its entirety 

18 or may select portions for adoption or incorporation 

19 by reference.’’; and 

20 (5) in paragraph (3) (as so redesignated) by in21 serting ‘‘or incorporation by reference’’ after ‘‘adop22 tion’’. 

23 (c) APPLICABILITY.— 

24 (1) PLANNING DECISIONS.—Section 168(c)(1) 

25 of title 23, United States Code, is amended— 


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1 (A) in the matter preceding subparagraph 

2 (A) by striking ‘‘adopted’’ and inserting ‘‘adopt3 ed or incorporated by reference by the lead 

4 agency’’; 

5 (B) by redesignating subparagraphs (A) 

6 through (F) as subparagraphs (B) through (G), 

7 respectively; 

8 (C) by inserting before subparagraph (B) 

9 (as so redesignated) the following: 

10 ‘‘(A) the project purpose and need;’’; 

11 (D) by striking subparagraph (B) (as so 

12 redesignated) and inserting the following: 

13 ‘‘(B) the preliminary screening of alter14 natives and elimination of unreasonable alter15 natives;’’; 

16 (E) in subparagraph (C) (as so redesig17 nated) by inserting ‘‘and general travel cor18 ridor’’ after ‘‘modal choice’’; 

19 (F) in subparagraph (E) (as so redesig20 nated) by striking ‘‘and’’ at the end; 

21 (G) in subparagraph (F) (as so redesig22 nated)— 

23 (i) in the matter preceding clause (i) 

24 by striking ‘‘potential impacts’’ and all 

25 that follows through ‘‘resource agencies,’’ 


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1 and inserting ‘‘potential impacts of a 

2 project, including a programmatic mitiga3 tion plan developed in accordance with sec4 tion 169, that the lead agency’’; and 

5 (ii) in clause (ii) by striking the pe6 riod at the end and inserting ‘‘; and’’; and 

7 (H) by adding at the end the following: 

8 ‘‘(G) whether tolling, private financial as9 sistance, or other special financial measures are 

10 necessary to implement the project.’’. 

11 (2) PLANNING ANALYSES.—Section 168(c)(2) 

12 of title 23, United States Code, is amended— 

13 (A) in the matter preceding subparagraph 

14 (A) by striking ‘‘adopted’’ and inserting ‘‘adopt15 ed or incorporated by reference by the lead 

16 agency’’; 

17 (B) in subparagraph (G)— 

18 (i) by inserting ‘‘direct, indirect, and’’ 

19 before ‘‘cumulative effects’’; and 

20 (ii) by striking ‘‘, identified as a result 

21 of a statewide or regional cumulative ef22 fects assessment’’; and 

23 (C) in subparagraph (H)— 

24 (i) by striking ‘‘proposed action’’ and 

25 inserting ‘‘proposed project’’; and 


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1 (ii) by striking ‘‘Federal lead agency’’ 

2 and inserting ‘‘lead agency’’. 

3 (d) CONDITIONS.—Section 168(d) of title 23, United 

4 States Code, is amended— 

5 (1) in the matter preceding paragraph (1) by 

6 striking ‘‘Adoption and use’’ and all that follows 

7 through ‘‘Federal lead agency, that’’ and inserting 

8 ‘‘The lead agency in the environmental review proc9 ess may adopt or incorporate by reference and use 

10 a planning product under this section if the lead 

11 agency determines that’’; 

12 (2) in paragraph (2) by striking ‘‘by engaging 

13 in active consultation’’ and inserting ‘‘in consulta14 tion’’; 

15 (3) by striking paragraphs (4) and (5) and in16 serting the following: 

17 ‘‘(4) The planning process included public no18 tice that the planning products may be adopted or 

19 incorporated by reference during a subsequent envi20 ronmental review process in accordance with this 

21 section. 

22 ‘‘(5) During the environmental review process, 

23 but prior to determining whether to rely on and use 

24 the planning product, the lead agency has— 


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1 ‘‘(A) made the planning documents avail2 able for review and comment by members of the 

3 general public and Federal, State, local, and 

4 tribal governments that may have an interest in 

5 the proposed action; 

6 ‘‘(B) provided notice of the lead agency’s 

7 intent to adopt the planning product or incor8 porate the planning product by reference; and 

9 ‘‘(C) considered any resulting comments.’’; 

10 (4) in paragraph (9)— 

11 (A) by inserting ‘‘or incorporation by ref12 erence’’ after ‘‘adoption’’; and 

13 (B) by inserting ‘‘and is sufficient to meet 

14 the requirements of the National Environmental 

15 Policy Act of 1969 (42 U.S.C. 4321 et seq.)’’ 

16 after ‘‘for the project’’; and 

17 (5) in paragraph (10) by striking ‘‘not later 

18 than 5 years prior to date on which the information 

19 is adopted’’ and inserting ‘‘within the 5-year period 

20 ending on the date on which the information is 

21 adopted or incorporated by reference’’. 

22 (e) EFFECT OF ADOPTION OR INCORPORATION BY

23 REFERENCE.—Section 168(e) of title 23, United States 

24 Code, is amended— 


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1 (1) in the subsection heading by inserting ‘‘OR

2 INCORPORATION BY REFERENCE’’ after ‘‘ADOP3 TION’’; and 

4 (2) by striking ‘‘adopted by the Federal lead 

5 agency’’ and inserting ‘‘adopted or incorporated by 

6 reference by the lead agency’’. 

7 SEC. 1308. DEVELOPMENT OF PROGRAMMATIC MITIGATION 

8 PLANS. 

9 Section 169(f) of title 23, United States Code, is 

10 amended by striking ‘‘may use’’ and inserting ‘‘shall give 

11 substantial weight to’’. 

12 SEC. 1309. DELEGATION OF AUTHORITIES. 

13 (a) IN GENERAL.—The Secretary shall use the au14 thority under section 106(c) of title 23, United States 

15 Code, to the maximum extent practicable, to delegate re16 sponsibility to the States for project design, plans, speci17 fications, estimates, contract awards, and inspection of 

18 projects, on both a project-specific and programmatic 

19 basis. 

20 (b) SUBMISSION OF RECOMMENDATIONS.—Not later 

21 than 18 months after the date of enactment of this Act, 

22 the Secretary, in cooperation with the States, shall submit 

23 to the Committee on Transportation and Infrastructure 

24 of the House of Representatives and the Committee on 

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1 ommendations for legislation to permit the delegation of 

2 additional authorities to the States, including with respect 

3 to real estate acquisition and project design. 

4 SEC. 1310. CATEGORICAL EXCLUSION FOR PROJECTS OF 

5 LIMITED FEDERAL ASSISTANCE. 

6 (a) ADJUSTMENT FOR INFLATION.—Section 1317 of 

7 MAP–21 (23 U.S.C. 109 note) is amended— 

8 (1) in paragraph (1)(A) by inserting ‘‘(as ad9 justed annually by the Secretary to reflect any in10 creases in the Consumer Price Index prepared by 

11 the Department of Labor)’’ after ‘‘$5,000,000’’; and 

12 (2) in paragraph (1)(B) by inserting ‘‘(as ad13 justed annually by the Secretary to reflect any in14 creases in the Consumer Price Index prepared by 

15 the Department of Labor)’’ after ‘‘$30,000,000’’. 

16 (b) RETROACTIVE APPLICATION.—The first adjust17 ment made pursuant to the amendments made by sub18 section (a) shall— 

19 (1) be carried out not later than 60 days after 

20 the date of enactment of this Act; and 

21 (2) reflect the increase in the Consumer Price 

22 Index since July 1, 2012. 


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1 SEC. 1311. APPLICATION OF CATEGORICAL EXCLUSIONS 

2 FOR MULTIMODAL PROJECTS. 

3 Section 304 of title 49, United States Code, is 

4 amended— 

5 (1) in subsection (a)— 

6 (A) in paragraph (1)— 

7 (i) by striking ‘‘operating authority 

8 that’’ and inserting ‘‘operating administra9 tion or secretarial office that has expertise 

10 but’’; and 

11 (ii) by inserting ‘‘proposed 

12 multimodal’’ after ‘‘with respect to a’’; and 

13 (B) by striking paragraph (2) and insert14 ing the following: 

15 ‘‘(2) LEAD AUTHORITY.—The term ‘lead au16 thority’ means a Department of Transportation op17 erating administration or secretarial office that has 

18 the lead responsibility for compliance with the Na19 tional Environmental Policy Act of 1969 (42 U.S.C. 

20 4321 et seq.) with respect to a proposed multimodal 

21 project.’’; 

22 (2) in subsection (b) by inserting ‘‘or title 23’’ 

23 after ‘‘under this title’’; 

24 (3) by striking subsection (c) and inserting the 

25 following: 


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1 ‘‘(c) APPLICATION OF CATEGORICAL EXCLUSIONS

2 FOR MULTIMODAL PROJECTS.—In considering the envi3 ronmental impacts of a proposed multimodal project, a 

4 lead authority may apply categorical exclusions designated 

5 under the National Environmental Policy Act of 1969 (42 

6 U.S.C. 4321 et seq.) in implementing regulations or proce7 dures of a cooperating authority for a proposed 

8 multimodal project, subject to the conditions that— 

9 ‘‘(1) the lead authority makes a determination, 

10 with the concurrence of the cooperating authority— 

11 ‘‘(A) on the applicability of a categorical 

12 exclusion to a proposed multimodal project; and 

13 ‘‘(B) that the project satisfies the condi14 tions for a categorical exclusion under the Na15 tional Environmental Policy Act of 1969 (42 

16 U.S.C. 4321 et seq.) and this section; 

17 ‘‘(2) the lead authority follows the cooperating 

18 authority’s implementing regulations or procedures 

19 under such Act; and 

20 ‘‘(3) the lead authority determines that— 

21 ‘‘(A) the proposed multimodal project does 

22 not individually or cumulatively have a signifi23 cant impact on the environment; and 

24 ‘‘(B) extraordinary circumstances do not 

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1 mentation in an environmental impact state2 ment or environmental assessment required 

3 under such Act.’’; and 

4 (4) by striking subsection (d) and inserting the 

5 following: 

6 ‘‘(d) COOPERATING AUTHORITY EXPERTISE.—A co7 operating authority shall provide expertise to the lead au8 thority on aspects of the multimodal project in which the 

9 cooperating authority has expertise.’’. 

10 SEC. 1312. SURFACE TRANSPORTATION PROJECT DELIV11 ERY PROGRAM. 

12 Section 327 of title 23, United States Code, is 

13 amended— 

14 (1) in subsection (a)(2)(B)(iii) by striking ‘‘(42 

15 U.S.C. 13 4321 et seq.)’’ and inserting ‘‘(42 U.S.C. 

16 4321 et seq.)’’; 

17 (2) in subsection (c)(4) by inserting ‘‘reason18 ably’’ before ‘‘considers necessary’’; 

19 (3) in subsection (e) by inserting ‘‘and without 

20 further approval of’’ after ‘‘in lieu of’’; 

21 (4) in subsection (g)— 

22 (A) by striking paragraph (1) and insert23 ing the following: 

24 ‘‘(1) IN GENERAL.—To ensure compliance by a 

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1 section (c) (including compliance by the State with 

2 all Federal laws for which responsibility is assumed 

3 under subsection (a)(2)), for each State partici4 pating in the program under this section, the Sec5 retary shall— 

6 ‘‘(A) not later than 6 months after execu7 tion of the agreement, meet with the State to 

8 review implementation of the agreement and 

9 discuss plans for the first annual audit; 

10 ‘‘(B) conduct annual audits during each of 

11 the first 4 years of State participation; and 

12 ‘‘(C) ensure that the time period for com13 pleting an annual audit, from initiation to com14 pletion (including public comment and re15 sponses to those comments), does not exceed 

16 180 days.’’; and 

17 (B) by adding at the end the following: 

18 ‘‘(3) AUDIT TEAM.—An audit conducted under 

19 paragraph (1) shall be carried out by an audit team 

20 determined by the Secretary, in consultation with 

21 the State. Such consultation shall include a reason22 able opportunity for the State to review and provide 

23 comments on the proposed members of the audit 

24 team.’’; and 

25 (5) by adding at the end the following: 


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1 ‘‘(k) CAPACITY BUILDING.—The Secretary, in co2 operation with representatives of State officials, may carry 

3 out education, training, peer-exchange, and other initia4 tives as appropriate— 

5 ‘‘(1) to assist States in developing the capacity 

6 to participate in the assignment program under this 

7 section; and 

8 ‘‘(2) to promote information sharing and col9 laboration among States that are participating in 

10 the assignment program under this section. 

11 ‘‘(l) RELATIONSHIP TO LOCALLY ADMINISTERED

12 PROJECTS.—A State granted authority under this section 

13 may, as appropriate and at the request of a local govern14 ment— 

15 ‘‘(1) exercise such authority on behalf of the 

16 local government for a locally administered project; 

17 or 

18 ‘‘(2) provide guidance and training on consoli19 dating and minimizing the documentation and envi20 ronmental analyses necessary for sponsors of a lo21 cally administered project to comply with the Na22 tional Environmental Policy Act of 1969 (42 U.S.C. 

23 4321 et seq.) and any comparable requirements 

24 under State law.’’. 


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1 SEC. 1313. PROGRAM FOR ELIMINATING DUPLICATION OF 

2 ENVIRONMENTAL REVIEWS. 

3 (a) PURPOSE.—The purpose of this section is to 

4 eliminate duplication of environmental reviews and ap5 provals under State and Federal laws. 

6 (b) IN GENERAL.—Chapter 3 of title 23, United 

7 States Code, is amended by adding at the end the fol8 lowing: 

9 ‘‘§ 330. Program for eliminating duplication of envi10 ronmental reviews 

11 ‘‘(a) ESTABLISHMENT.— 

12 ‘‘(1) IN GENERAL.—The Secretary shall estab13 lish a pilot program to authorize States that are ap14 proved to participate in the program to conduct en15 vironmental reviews and make approvals for projects 

16 under State environmental laws and regulations in17 stead of Federal environmental laws and regulations, 

18 consistent with the requirements of this section. 

19 ‘‘(2) PARTICIPATING STATES.—The Secretary 

20 may select not more than 5 States to participate in 

21 the program. 

22 ‘‘(3) ALTERNATIVE REVIEW AND APPROVAL

23 PROCEDURES.—In this section, the term ‘alternative 

24 environmental review and approval procedures’ 

25 means— 


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1 ‘‘(A) substitution of 1 or more State envi2 ronmental laws for— 

3 ‘‘(i) the National Environmental Pol4 icy Act of 1969 (42 U.S.C. 4321 et seq.); 

5 ‘‘(ii) such provisions of sections 

6 109(h), 128, and 139 related to the appli7 cation of that Act that are under the au8 thority of the Secretary, as the Secretary, 

9 in consultation with the State, considers 

10 appropriate; and 

11 ‘‘(iii) related regulations and Execu12 tive orders; and 

13 ‘‘(B) substitution of 1 or more State envi14 ronmental regulations for— 

15 ‘‘(i) the National Environmental Pol16 icy Act of 1969; 

17 ‘‘(ii) such provisions of sections 

18 109(h), 128, and 139 related to the appli19 cation of that Act that are under the au20 thority of the Secretary, as the Secretary, 

21 in consultation with the State, considers 

22 appropriate; and 

23 ‘‘(iii) related regulations and Execu24 tive orders. 


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1 ‘‘(b) APPLICATION.—To be eligible to participate in 

2 the program, a State shall submit to the Secretary an ap3 plication containing such information as the Secretary 

4 may require, including— 

5 ‘‘(1) a full and complete description of the pro6 posed alternative environmental review and approval 

7 procedures of the State; 

8 ‘‘(2) each Federal law described in subsection 

9 (a)(3) that the State is seeking to substitute; 

10 ‘‘(3) each State law and regulation that the 

11 State intends to substitute for such Federal law, 

12 Federal regulation, or Executive order; 

13 ‘‘(4) an explanation of the basis for concluding 

14 that the State law or regulation is substantially 

15 equivalent to the Federal law described in subsection 

16 (a)(3); 

17 ‘‘(5) a description of the projects or classes of 

18 projects for which the State anticipates exercising 

19 the authority that may be granted under the pro20 gram; 

21 ‘‘(6) verification that the State has the financial 

22 resources necessary to carry out the authority that 

23 may be granted under the program; 


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1 ‘‘(7) evidence of having sought, received, and 

2 addressed comments on the proposed application 

3 from the public; and 

4 ‘‘(8) any such additional information as the 

5 Secretary, or, with respect to section (d)(1)(A), the 

6 Secretary in consultation with the Chair, may re7 quire. 

8 ‘‘(c) REVIEW OF APPLICATION.—In accordance with 

9 subsection (d), the Secretary shall— 

10 ‘‘(1) review an application submitted under sub11 section (b); 

12 ‘‘(2) approve or disapprove the application not 

13 later than 90 days after the date of receipt of the 

14 application; and 

15 ‘‘(3) transmit to the State notice of the ap16 proval or disapproval, together with a statement of 

17 the reasons for the approval or disapproval. 

18 ‘‘(d) APPROVAL OF APPLICATION.— 

19 ‘‘(1) IN GENERAL.—The Secretary shall ap20 prove an application submitted under subsection (b) 

21 only if— 

22 ‘‘(A) the Secretary, with the concurrence 

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1 tion are substantially equivalent to the Federal 

2 laws that the State is seeking to substitute; 

3 ‘‘(B) the Secretary determines that the 

4 State has the capacity, including financial and 

5 personnel, to assume the responsibility; and 

6 ‘‘(C) the State has executed an agreement 

7 with the Secretary, in accordance with section 

8 327, providing for environmental review, con9 sultation, or other action under Federal envi10 ronmental laws pertaining to the review or ap11 proval of a specific project. 

12 ‘‘(2) EXCLUSION.—The National Environ13 mental Policy Act of 1969 shall not apply to a deci14 sion by the Secretary to approve or disapprove an 

15 application submitted under this section. 

16 ‘‘(e) JUDICIAL REVIEW.— 

17 ‘‘(1) IN GENERAL.—The United States district 

18 courts shall have exclusive jurisdiction over any civil 

19 action against a State— 

20 ‘‘(A) for failure of the State to meet the 

21 requirements of this section; or 

22 ‘‘(B) if the action involves the exercise of 

23 authority by the State under this section and 

24 section 327. 


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1 ‘‘(2) STATE JURISDICTION.—A State court 

2 shall have exclusive jurisdiction over any civil action 

3 against a State if the action involves the exercise of 

4 authority by the State under this section not covered 

5 by paragraph (1). 

6 ‘‘(f) ELECTION.—At its discretion, a State partici7 pating in the programs under this section and section 327 

8 may elect to apply the National Environmental Protection 

9 Act of 1969 instead of the State’s alternative environ10 mental review and approval procedures. 

11 ‘‘(g) TREATMENT OF STATE LAWS AND REGULA12 TIONS.—To the maximum extent practicable and con13 sistent with Federal law, other Federal agencies with au14 thority over a project subject to this section shall use docu15 ments produced by a participating State under this section 

16 to satisfy the requirements of the National Environmental 

17 Policy Act of 1969. 

18 ‘‘(h) RELATIONSHIP TO LOCALLY ADMINISTERED

19 PROJECTS.— 

20 ‘‘(1) IN GENERAL.—A State with an approved 

21 program under this section, at the request of a local 

22 government, may exercise authority under that pro23 gram on behalf of up to 10 local governments for lo24 cally administered projects. 


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1 ‘‘(2) SCOPE.—For up to 10 local governments 

2 selected by a State with an approved program under 

3 this section, the State shall be responsible for ensur4 ing that any environmental review, consultation, or 

5 other action required under the National Environ6 mental Policy Act of 1969 or the State program, or 

7 both, meets the requirements of such Act or pro8 gram. 

9 ‘‘(i) REVIEW AND TERMINATION.— 

10 ‘‘(1) IN GENERAL.—A State program approved 

11 under this section shall at all times be in accordance 

12 with the requirements of this section. 

13 ‘‘(2) REVIEW.—The Secretary shall review each 

14 State program approved under this section not less 

15 than once every 5 years. 

16 ‘‘(3) PUBLIC NOTICE AND COMMENT.—In con17 ducting the review process under paragraph (2), the 

18 Secretary shall provide notice and an opportunity for 

19 public comment. 

20 ‘‘(4) WITHDRAWAL OF APPROVAL.—If the Sec21 retary, in consultation with the Chair, determines at 

22 any time that a State is not administering a State 

23 program approved under this section in accordance 

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1 tive action is not taken within a reasonable time, not 

2 to exceed 90 days, the Secretary shall withdraw ap3 proval of the State program. 

4 ‘‘(5) EXTENSIONS AND TERMINATIONS.—At the 

5 conclusion of the review process under paragraph 

6 (2), the Secretary may extend for an additional 5- 

7 year period or terminate the authority of a State 

8 under this section to substitute that State’s laws and 

9 regulations for Federal laws. 

10 ‘‘(j) REPORT TO CONGRESS.—Not later than 2 years 

11 after the date of enactment of this section, and annually 

12 thereafter, the Secretary shall submit to the Committee 

13 on Transportation and Infrastructure of the House of 

14 Representatives and the Committee on Environment and 

15 Public Works of the Senate a report that describes the 

16 administration of the program, including— 

17 ‘‘(1) the number of States participating in the 

18 program; 

19 ‘‘(2) the number and types of projects for which 

20 each State participating in the program has used al21 ternative environmental review and approval proce22 dures; and 

23 ‘‘(3) any recommendations for modifications to 

24 the program. 


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1 ‘‘(k) DEFINITIONS.—In this section, the following 

2 definitions apply: 

3 ‘‘(1) CHAIR.—The term ‘Chair’ means the 

4 Chair of the Council on Environmental Quality. 

5 ‘‘(2) MULTIMODAL PROJECT.—The term 

6 ‘multimodal project’ has the meaning given that 

7 term in section 139(a). 

8 ‘‘(3) PROGRAM.—The term ‘program’ means 

9 the pilot program established under this section. 

10 ‘‘(4) PROJECT.—The term ‘project’ means— 

11 ‘‘(A) a project requiring approval under 

12 this title, chapter 53 of subtitle III of title 49, 

13 or subtitle V of title 49; and 

14 ‘‘(B) a multimodal project.’’. 

15 (c) RULEMAKING.— 

16 (1) IN GENERAL.—Not later than 270 days 

17 after the date of enactment of this Act, the Sec18 retary of Transportation, in consultation with the 

19 Chair of the Council on Environmental Quality, shall 

20 promulgate regulations to implement the require21 ments of section 330 of title 23, United States Code, 

22 as added by this section. 

23 (2) DETERMINATION OF SUBSTANTIALLY

24 EQUIVALENT.—As part of the rulemaking required 

25 under this subsection, the Chair shall— 


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1 (A) establish the criteria necessary to de2 termine that a State law or regulation is sub3 stantially equivalent to a Federal law described 

4 in section 330(a)(3) of title 23, United States 

5 Code; 

6 (B) ensure that such criteria, at a min7 imum— 

8 (i) provide for protection of the envi9 ronment; 

10 (ii) provide opportunity for public par11 ticipation and comment, including access 

12 to the documentation necessary to review 

13 the potential impact of a project; and 

14 (iii) ensure a consistent review of 

15 projects that would otherwise have been 

16 covered under Federal law. 

17 (d) CLERICAL AMENDMENT.—The analysis for chap18 ter 3 of title 23, United States Code, is amended by add19 ing at the end the following: 

‘‘330. Program for eliminating duplication of environmental reviews.’’. 

20 SEC. 1314. ASSESSMENT OF PROGRESS ON ACCELERATING 

21 PROJECT DELIVERY. 

22 (a) IN GENERAL.—Not later than 2 years after the 

23 date of enactment of this Act, the Comptroller General 

24 of the United States shall assess the progress made under 

25 this Act, MAP–21 (Public Law 112–141), and 


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1 SAFETEA–LU (Public Law 109–59), including the 

2 amendments made by those Acts, to accelerate the delivery 

3 of Federal-aid highway and highway safety construction 

4 projects and public transportation capital projects by 

5 streamlining the environmental review and permitting 

6 process. 

7 (b) CONTENTS.—The assessment required under sub8 section (a) shall evaluate— 

9 (1) how often the various streamlining provi10 sions have been used; 

11 (2) which of the streamlining provisions have 

12 had the greatest impact on streamlining the environ13 mental review and permitting process; 

14 (3) what, if any, impact streamlining of the 

15 process has had on environmental protection; 

16 (4) how, and the extent to which, streamlining 

17 provisions have improved and accelerated the process 

18 for permitting under the Federal Water Pollution 

19 Control Act (33 U.S.C. 1251 et seq.), the Endan20 gered Species Act of 1973 (16 U.S.C. 1531 et seq.), 

21 and other applicable Federal laws; 

22 (5) what impact actions by the Council on En23 vironmental Quality have had on accelerating Fed24 eral-aid highway and highway safety construction 

25 projects and public transportation capital projects; 


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1 (6) the number and percentage of projects that 

2 proceed under a traditional environmental assess3 ment or environmental impact statement, and the 

4 number and percentage of projects that proceed 

5 under categorical exclusions; 

6 (7) the extent to which the environmental re7 view and permitting process remains a significant 

8 source of project delay and the sources of delays; 

9 and 

10 (8) the costs of conducting environmental re11 views and issuing permits or licenses for a project, 

12 including the cost of contractors and dedicated agen13 cy staff. 

14 (c) RECOMMENDATIONS.—The assessment required 

15 under subsection (a) shall include recommendations with 

16 respect to— 

17 (1) additional opportunities for streamlining the 

18 environmental review process, including regulatory 

19 or statutory changes to accelerate the processes of 

20 Federal agencies (other than the Department) with 

21 responsibility for reviewing Federal-aid highway and 

22 highway safety construction projects and public 

23 transportation capital projects without negatively 

24 impacting the environment; and 


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1 (2) best practices of other Federal agencies that 

2 should be considered for adoption by the Depart3 ment. 

4 (d) REPORT TO CONGRESS.—The Comptroller Gen5 eral of the United States shall submit to the Committee 

6 on Transportation and Infrastructure of the House of 

7 Representatives and the Committee on Environment and 

8 Public Works of the Senate a report containing the assess9 ment and recommendations required under this section. 

10 SEC. 1315. IMPROVING STATE AND FEDERAL AGENCY EN11 GAGEMENT IN ENVIRONMENTAL REVIEWS. 

12 (a) IN GENERAL.—Title 49, United States Code, is 

13 amended by inserting after section 306 the following: 

14 ‘‘§ 307. Improving State and Federal agency engage15 ment in environmental reviews 

16 ‘‘(a) IN GENERAL.— 

17 ‘‘(1) REQUESTS TO PROVIDE FUNDS.—A public 

18 entity receiving financial assistance from the De19 partment of Transportation for 1 or more projects, 

20 or for a program of projects, for a public purpose 

21 may request that the Secretary allow the public enti22 ty to provide funds to Federal agencies, including 

23 the Department, State agencies, and Indian tribes 

24 participating in the environmental planning and re25 view process for the project, projects, or program. 


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1 ‘‘(2) USE OF FUNDS.—The funds may be pro2 vided only to support activities that directly and 

3 meaningfully contribute to expediting and improving 

4 permitting and review processes, including planning, 

5 approval, and consultation processes for the project, 

6 projects, or program. 

7 ‘‘(b) ACTIVITIES ELIGIBLE FOR FUNDING.—Activi8 ties for which funds may be provided under subsection (a) 

9 include transportation planning activities that precede the 

10 initiation of the environmental review process, activities 

11 directly related to the environmental review process, dedi12 cated staffing, training of agency personnel, information 

13 gathering and mapping, and development of programmatic 

14 agreements. 

15 ‘‘(c) AMOUNTS.—Requests under subsection (a) may 

16 be approved only for the additional amounts that the Sec17 retary determines are necessary for the Federal agencies, 

18 State agencies, or Indian tribes participating in the envi19 ronmental review process to timely conduct their review. 

20 ‘‘(d) AGREEMENTS.—Prior to providing funds ap21 proved by the Secretary for dedicated staffing at an af22 fected Federal agency under subsection (a), the affected 

23 Federal agency and the requesting public entity shall enter 

24 into an agreement that establishes a process to identify 


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1 projects or priorities to be addressed by the use of the 

2 funds. 

3 ‘‘(e) RULEMAKING.— 

4 ‘‘(1) IN GENERAL.—Not later than 180 days 

5 after the date of enactment of this section, the Sec6 retary shall initiate a rulemaking to implement this 

7 section. 

8 ‘‘(2) FACTORS.—As part of the rulemaking car9 ried out under paragraph (1), the Secretary shall en10 sure— 

11 ‘‘(A) to the maximum extent practicable, 

12 that expediting and improving the process of 

13 environmental review and permitting through 

14 the use of funds accepted and expended under 

15 this section does not adversely affect the 

16 timeline for review and permitting by Federal 

17 agencies, State agencies, or Indian tribes of 

18 other entities that have not contributed funds 

19 under this section; 

20 ‘‘(B) that the use of funds accepted under 

21 this section will not impact impartial decision22 making with respect to environmental reviews 

23 or permits, either substantively or procedurally; 

24 and 


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1 ‘‘(C) that the Secretary maintains, and 

2 makes publicly available, including on the Inter3 net, a list of projects or programs for which 

4 such review or permits have been carried out 

5 using funds authorized under this section. 

6 ‘‘(f) EXISTING AUTHORITY.—Nothing in this section 

7 may be construed to conflict with section 139(j) of title 

8 23.’’. 

9 (b) CONFORMING AMENDMENT.—The analysis for 

10 chapter 3 of title 49, United States Code, is amended by 

11 inserting after the item relating to section 306 the fol12 lowing: 

‘‘307. Improving State and Federal agency engagement in environmental reviews.’’. 

13 SEC. 1316. ACCELERATED DECISIONMAKING IN ENVIRON14 MENTAL REVIEWS. 

15 (a) IN GENERAL.—Title 49, United States Code, is 

16 amended by inserting after section 304 the following: 

17 ‘‘§ 304a. Accelerated decisionmaking in environ18 mental reviews 

19 ‘‘(a) IN GENERAL.—In preparing a final environ20 mental impact statement under the National Environ21 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if 

22 the lead agency modifies the statement in response to com23 ments that are minor and are confined to factual correc24 tions or explanations of why the comments do not warrant 


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1 additional agency response, the lead agency may write on 

2 errata sheets attached to the statement, instead of rewrit3 ing the draft statement, subject to the condition that the 

4 errata sheets— 

5 ‘‘(1) cite the sources, authorities, and reasons 

6 that support the position of the agency; and 

7 ‘‘(2) if appropriate, indicate the circumstances 

8 that would trigger agency reappraisal or further re9 sponse. 

10 ‘‘(b) SINGLE DOCUMENT.—To the maximum extent 

11 practicable, the lead agency shall expeditiously develop a 

12 single document that consists of a final environmental im13 pact statement and a record of decision, unless— 

14 ‘‘(1) the final environmental impact statement 

15 makes substantial changes to the proposed action 

16 that are relevant to environmental or safety con17 cerns; or 

18 ‘‘(2) there is a significant new circumstance or 

19 information relevant to environmental concerns that 

20 bears on the proposed action or the impacts of the 

21 proposed action. 

22 ‘‘(c) ADOPTION OF DOCUMENTS.— 

23 ‘‘(1) AVOIDING DUPLICATION.—To prevent du24 plication of analyses and support expeditious and ef25 ficient decisions, the operating administrations of 


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1 the Department of Transportation shall use adoption 

2 and incorporation by reference in accordance with 

3 this paragraph. 

4 ‘‘(2) ADOPTION OF DOCUMENTS OF OTHER OP5 ERATING ADMINISTRATIONS.—An operating adminis6 tration or a secretarial office within the Department 

7 of Transportation may adopt a draft environmental 

8 impact statement, an environmental assessment, or 

9 a final environmental impact statement of another 

10 operating administration for the adopting operating 

11 administration’s use when preparing an environ12 mental assessment or final environmental impact 

13 statement for a project without recirculating the 

14 document for public review, if— 

15 ‘‘(A) the adopting operating administration 

16 certifies that its proposed action is substantially 

17 the same as the project considered in the docu18 ment to be adopted; 

19 ‘‘(B) the other operating administration 

20 concurs with such decision; and 

21 ‘‘(C) such actions are consistent with the 

22 requirements of the National Environmental 

23 Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

24 ‘‘(3) INCORPORATION BY REFERENCE.—An op25 erating administration or secretarial office within 


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1 the Department of Transportation may incorporate 

2 by reference all or portions of a draft environmental 

3 impact statement, an environmental assessment, or 

4 a final environmental impact statement for the 

5 adopting operating administration’s use when pre6 paring an environmental assessment or final envi7 ronmental impact statement for a project if— 

8 ‘‘(A) the incorporated material is cited in 

9 the environmental assessment or final environ10 mental impact statement and the contents of 

11 the incorporated material is briefly described; 

12 ‘‘(B) the incorporated material is reason13 ably available for inspection by potentially inter14 ested persons within the time allowed for review 

15 and comment; and 

16 ‘‘(C) the incorporated material does not in17 clude proprietary data that is not available for 

18 review and comment.’’. 

19 (b) CONFORMING AMENDMENT.—The analysis for 

20 chapter 3 of title 49, United States Code, is amended by 

21 inserting after the item relating to section 304 the fol22 lowing: 

‘‘304a. Accelerated decisionmaking in environmental reviews.’’. 

23 SEC. 1317. ALIGNING FEDERAL ENVIRONMENTAL REVIEWS. 

24 (a) IN GENERAL.—Title 49, United States Code, is 

25 amended by inserting after section 309 the following: 


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1 ‘‘§ 310. Aligning Federal environmental reviews 

2 ‘‘(a) COORDINATED AND CONCURRENT ENVIRON3 MENTAL REVIEWS.—Not later than 1 year after the date 

4 of enactment of this section, the Department of Transpor5 tation, in coordination with the heads of Federal agencies 

6 likely to have substantive review or approval responsibil7 ities under Federal law, shall develop a coordinated and 

8 concurrent environmental review and permitting process 

9 for transportation projects when initiating an environ10 mental impact statement under the National Environ11 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.; in 

12 this section referred to as ‘NEPA’). 

13 ‘‘(b) CONTENTS.—The coordinated and concurrent 

14 environmental review and permitting process shall— 

15 ‘‘(1) ensure that the Department and agencies 

16 of jurisdiction possess sufficient information early in 

17 the review process to determine a statement of a 

18 transportation project’s purpose and need and range 

19 of alternatives for analysis that the lead agency and 

20 agencies of jurisdiction will rely on for concurrent 

21 environmental reviews and permitting decisions re22 quired for the proposed project; 

23 ‘‘(2) achieve early concurrence or issue resolu24 tion during the NEPA scoping process on the De25 partment of Transportation’s statement of a 

26 project’s purpose and need, and during development 


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1 of the environmental impact statement on the range 

2 of alternatives for analysis, that the lead agency and 

3 agencies of jurisdiction will rely on for concurrent 

4 environmental reviews and permitting decisions re5 quired for the proposed project absent circumstances 

6 that require reconsideration in order to meet an 

7 agency of jurisdiction’s obligations under a statute 

8 or Executive order; and 

9 ‘‘(3) achieve concurrence or issue resolution in 

10 an expedited manner if circumstances arise that re11 quire a reconsideration of the purpose and need or 

12 range of alternatives considered during any Federal 

13 agency’s environmental or permitting review in order 

14 to meet an agency of jurisdiction’s obligations under 

15 a statute or Executive order. 

16 ‘‘(c) ENVIRONMENTAL CHECKLIST.— 

17 ‘‘(1) IN GENERAL.—Not later than 90 days 

18 after the date of enactment of this section, the Sec19 retary of Transportation and Federal agencies of ju20 risdiction likely to have substantive review or ap21 proval responsibilities on transportation projects 

22 shall jointly develop a checklist to help project spon23 sors identify potential natural, cultural, and historic 

24 resources in the area of a proposed project. 


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1 ‘‘(2) PURPOSE.—The purpose of the checklist 

2 shall be to— 

3 ‘‘(A) identify agencies of jurisdiction and 

4 cooperating agencies; 

5 ‘‘(B) develop the information needed for 

6 the purpose and need and alternatives for anal7 ysis; and 

8 ‘‘(C) improve interagency collaboration to 

9 help expedite the permitting process for the 

10 lead agency and agencies of jurisdiction. 

11 ‘‘(d) INTERAGENCY COLLABORATION.— 

12 ‘‘(1) IN GENERAL.—Consistent with Federal en13 vironmental statutes, the Secretary shall facilitate 

14 annual interagency collaboration sessions at the ap15 propriate jurisdictional level to coordinate business 

16 plans and facilitate coordination of workload plan17 ning and workforce management. 

18 ‘‘(2) PURPOSE OF COLLABORATION SES19 SIONS.—The interagency collaboration sessions shall 

20 ensure that agency staff is— 

21 ‘‘(A) fully engaged; 

22 ‘‘(B) utilizing the flexibility of existing reg23 ulations, policies, and guidance; and 


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1 ‘‘(C) identifying additional actions to facili2 tate high quality, efficient, and targeted envi3 ronmental reviews and permitting decisions. 

4 ‘‘(3) FOCUS OF COLLABORATION SESSIONS.— 

5 The interagency collaboration sessions, and the 

6 interagency collaborations generated by the sessions, 

7 shall focus on methods to— 

8 ‘‘(A) work with State and local transpor9 tation entities to improve project planning, 

10 siting, and application quality; and 

11 ‘‘(B) consult and coordinate with relevant 

12 stakeholders and Federal, tribal, State, and 

13 local representatives early in permitting proc14 esses. 

15 ‘‘(e) PERFORMANCE MEASUREMENT.—Not later than 

16 1 year after the date of enactment of this section, the Sec17 retary, in coordination with relevant Federal agencies, 

18 shall establish a program to measure and report on 

19 progress towards aligning Federal reviews as outlined in 

20 this section.’’. 

21 (b) CONFORMING AMENDMENT.—The analysis for 

22 chapter 3 of title 49, United States Code, is amended by 

23 inserting after the item relating to section 309 the fol24 lowing: 

‘‘310. Aligning Federal environmental reviews.’’. 


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1 Subtitle D—Miscellaneous 

2 SEC. 1401. TOLLING; HOV FACILITIES; INTERSTATE RECON3 STRUCTION AND REHABILITATION. 

4 (a) TOLLING.—Section 129(a) of title 23, United 

5 States Code, is amended— 

6 (1) in paragraph (1)— 

7 (A) in subparagraph (B) by striking ‘‘, 

8 bridge, or tunnel’’ each place it appears; 

9 (B) in subparagraph (C) by striking ‘‘, 

10 bridge, or tunnel’’ each place it appears; 

11 (C) by striking subparagraph (G); 

12 (D) by redesignating subparagraphs (H) 

13 and (I) as subparagraphs (G) and (H); and 

14 (E) in subparagraph (G) as redesignated— 

15 (i) by inserting ‘‘(HOV)’’ after ‘‘high 

16 occupancy vehicle’’; and 

17 (ii) by inserting ‘‘under section 166 of 

18 title 23, United States Code’’ after ‘‘facil19 ity’’; 

20 (2) in paragraph (3)(A)— 

21 (A) by striking ‘‘shall use’’ and inserting 

22 ‘‘shall ensure that’’; and 

23 (B) by inserting ‘‘are used’’ after ‘‘toll fa24 cility’’ the second place it appears; and 


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1 (3) by striking paragraph (4) and redesignating 

2 paragraphs (5) through (10) as paragraphs (4) 

3 through (9), respectively. 

4 (b) HOV FACILITIES.—Section 166 of title 23, 

5 United States Code, is amended— 

6 (1) in subsection (a)(1)— 

7 (A) by striking the paragraph heading and 

8 inserting ‘‘AUTHORITY OF PUBLIC AU9 THORITIES’’; and 

10 (B) by striking ‘‘State agency’’ and insert11 ing ‘‘public authority’’; 

12 (2) in subsection (b)— 

13 (A) by striking ‘‘State agency’’ each place 

14 it appears and inserting ‘‘public authority’’; and 

15 (B) in paragraph (3)— 

16 (i) by striking ‘‘and’’ at the end of 

17 subparagraph (A); 

18 (ii) by striking the period at the end 

19 of subparagraph (B) and inserting ‘‘; 

20 and’’; and 

21 (iii) by inserting at the end the fol22 lowing: 

23 ‘‘(C) provides equal access for all public 

24 transportation vehicles and over-the-road 

25 buses.’’; 


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1 (3) in subsection (c)— 

2 (A) by amending paragraph (1) to read as 

3 follows: 

4 ‘‘(1) IN GENERAL.—Notwithstanding section 

5 301, tolls may be charged under paragraphs (4) and 

6 (5) of subsection (b), subject to the requirements of 

7 section 129.’’; 

8 (B) by striking paragraph (2) and redesig9 nating paragraph (3) as paragraph (2); and 

10 (C) by inserting after paragraph (2), as re11 designated, the following: 

12 ‘‘(3) EXEMPTION FROM TOLLS.—In levying 

13 tolls on a facility under this section, a public author14 ity may designate classes of vehicles that are exempt 

15 from the tolls or charge different toll rates for dif16 ferent classes of vehicles, if equal rates are charged 

17 for all public transportation vehicles and over-the18 road buses, whether publicly or privately owned.’’; 

19 (4) in subsection (d)— 

20 (A) by striking ‘‘State agency’’ each place 

21 it appears and inserting ‘‘public authority’’; 

22 (B) in paragraph (1)— 

23 (i) by redesignating subparagraphs 

24 (D) and (E) as subparagraphs (E) and 

25 (F), respectively; and 


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1 (ii) by inserting after subparagraph 

2 (C) the following: 

3 ‘‘(D) CONSULTATION OF MPO.—If the fa4 cility is on the Interstate System and located in 

5 a metropolitan planning area established in ac6 cordance with section 134, consulting with the 

7 metropolitan planning organization for the area 

8 concerning the placement and amount of tolls 

9 on the facility.’’; and 

10 (iii) in subparagraph (F), as redesig11 nated— 

12 (I) by striking ‘‘State’’ the first 

13 place it appears and inserting ‘‘public 

14 authority’’; and 

15 (II) by striking ‘‘subparagraph 

16 (D)’’ and inserting ‘‘subparagraph 

17 (E)’’; and 

18 (5) in subsection (f)— 

19 (A) in paragraph (4)(B)(iii) by striking 

20 ‘‘State agency’’ and inserting ‘‘public author21 ity’’; and 

22 (B) by striking paragraph (5) and insert23 ing after paragraph (4) the following: 

24 ‘‘(5) OVER-THE-ROAD BUS.—The term ‘over25 the-road bus’ means a vehicle as defined in section 


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1 301(5) of the Americans with Disabilities Act of 

2 1990 (42 U.S.C. 12181(5)). 

3 ‘‘(6) PUBLIC AUTHORITY.—The term ‘public 

4 authority’ as used with respect to a HOV facility, 

5 means a State, interstate compact of States, public 

6 entity designated by a State, or local government 

7 having jurisdiction over the operation of the facil8 ity.’’. 

9 (c) INTERSTATE SYSTEM RECONSTRUCTION AND RE10 HABILITATION PILOT PROGRAM.—Section 1216(b) of the 

11 Transportation Equity Act for the 21st Century (Public 

12 Law 105–178) is amended— 

13 (1) in paragraph (4)— 

14 (A) in subparagraph (D) by striking ‘‘and’’ 

15 at the end; 

16 (B) in subparagraph (E) by striking the 

17 period and inserting ‘‘; and’’; and 

18 (C) by adding at the end the following: 

19 ‘‘(F) the State has approved enabling leg20 islation required for the project to proceed.’’; 

21 (2) by redesignating paragraphs (6) through 

22 (8) as paragraphs (8) through (10), respectively; 

23 and 

24 (3) by inserting after paragraph (5) the fol25 lowing: 


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1 ‘‘(6) REQUIREMENTS FOR PROJECT COMPLE2 TION.— 

3 ‘‘(A) GENERAL TERM FOR EXPIRATION OF

4 PROVISIONAL APPLICATION.—An application 

5 provisionally approved by the Secretary under 

6 this subsection shall expire 3 years after the 

7 date on which the application was provisionally 

8 approved if the State has not— 

9 ‘‘(i) submitted a complete application 

10 to the Secretary that fully satisfies the eli11 gibility criteria under paragraph (3) and 

12 the selection criteria under paragraph (4); 

13 ‘‘(ii) completed the environmental re14 view and permitting process under the Na15 tional Environmental Policy Act of 1969 

16 (42 U.S.C. 4321 et seq.) for the pilot 

17 project; and 

18 ‘‘(iii) executed a toll agreement with 

19 the Secretary. 

20 ‘‘(B) EXCEPTIONS TO EXPIRATION.—Not21 withstanding subparagraph (A), the Secretary 

22 may extend the provisional approval for not 

23 more than 1 additional year if the State dem24 onstrates material progress toward implementa25 tion of the project as evidenced by— 


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1 ‘‘(i) substantial progress in completing 

2 the environmental review and permitting 

3 process for the pilot project under the Na4 tional Environmental Policy Act of 1969; 

5 ‘‘(ii) funding and financing commit6 ments for the pilot project; 

7 ‘‘(iii) expressions of support for the 

8 pilot project from State and local govern9 ments, community interests, and the pub10 lic; and 

11 ‘‘(iv) submission of a facility manage12 ment plan pursuant to paragraph (3)(D). 

13 ‘‘(C) CONDITIONS FOR PREVIOUSLY PROVI14 SIONALLY APPROVED APPLICATIONS.—A State 

15 with a provisionally approved application for a 

16 pilot project as of the date of enactment of the 

17 Surface Transportation Reauthorization and 

18 Reform Act of 2015 shall have 1 year after 

19 such date of enactment to meet the require20 ments of subparagraph (A) or receive an exten21 sion from the Secretary under subparagraph 

22 (B), or the application will expire. 

23 ‘‘(7) DEFINITION.—In this subsection, the term 

24 ‘provisional approval’ or ‘provisionally approved’ 

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1 plication under this subsection, including the res2 ervation of a slot in the pilot program.’’. 

3 (d) APPROVAL OF APPLICATIONS.—The Secretary 

4 may approve an application submitted under section 

5 1604(c) of SAFETEA–LU (Public Law 109–59; 119 

6 Stat. 1253) if the application, or any part of the applica7 tion, was submitted before the deadline specified in section 

8 1604(c)(8) of that Act. 

9 SEC. 1402. PROHIBITION ON THE USE OF FUNDS FOR AUTO10 MATED TRAFFIC ENFORCEMENT. 

11 (a) PROHIBITION.—Except as provided in subsection 

12 (b), for fiscal years 2016 through 2021, funds apportioned 

13 to a State under section 104(b)(3) of title 23, United 

14 States Code, may not be used to purchase, operate, or 

15 maintain an automated traffic enforcement system. 

16 (b) EXCEPTION.—Subsection (a) does not apply to an 

17 automated traffic enforcement system located in a school 

18 zone. 

19 (c) AUTOMATED TRAFFIC ENFORCEMENT SYSTEM

20 DEFINED.—In this section, the term ‘‘automated traffic 

21 enforcement system’’ means any camera that captures an 

22 image of a vehicle for the purposes of traffic law enforce23 ment. 


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1 SEC. 1403. MINIMUM PENALTIES FOR REPEAT OFFENDERS 

2 FOR DRIVING WHILE INTOXICATED OR DRIV3 ING UNDER THE INFLUENCE. 

4 (a) IN GENERAL.—Section 164(a)(4) of title 23, 

5 United States Code, is amended— 

6 (1) in the matter preceding subparagraph (A) 

7 by inserting ‘‘, or a combination of State laws,’’ 

8 after ‘‘a State law’’; and 

9 (2) by striking subparagraph (A) and inserting 

10 the following: 

11 ‘‘(A) receive, for not less than 1 year— 

12 ‘‘(i) a suspension of all driving privi13 leges; 

14 ‘‘(ii) a restriction on driving privileges 

15 that limits the individual to operating only 

16 motor vehicles with an ignition interlock 

17 system installed (allowing for limited ex18 ceptions for circumstances when the indi19 vidual is required to operate an employer’s 

20 motor vehicle in the course and scope of 

21 employment and the business entity that 

22 owns the vehicle is not owned or controlled 

23 by the individual); or 

24 ‘‘(iii) a combination of both clauses (i) 

25 and (ii);’’. 


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1 (b) APPLICATION.—The amendments made by this 

2 section shall apply with respect to fiscal years beginning 

3 after the date of enactment of this Act. 

4 SEC. 1404. HIGHWAY TRUST FUND TRANSPARENCY AND AC5 COUNTABILITY. 

6 (a) IN GENERAL.—Section 104 of title 23, United 

7 States Code, is amended by striking subsection (g) and 

8 inserting the following: 

9 ‘‘(g) HIGHWAY TRUST FUND TRANSPARENCY AND

10 ACCOUNTABILITY REPORTS.— 

11 ‘‘(1) COMPILATION OF DATA.—The Secretary 

12 shall compile data in accordance with this subsection 

13 on the use of Federal-aid highway funds made avail14 able under this title. 

15 ‘‘(2) REQUIREMENTS.—The Secretary shall en16 sure that the reports required under this subsection 

17 are made available in a user-friendly manner on the 

18 public Internet Web site of the Department and can 

19 be searched and downloaded by users of the Web 

20 site. 

21 ‘‘(3) CONTENTS OF REPORTS.— 

22 ‘‘(A) APPORTIONED AND ALLOCATED PRO23 GRAMS.—On a semiannual basis, the Secretary 

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1 tioned and allocated to the States under this 

2 title that describes— 

3 ‘‘(i) the amount of funding obligated 

4 by each State, year-to-date, for the current 

5 fiscal year; 

6 ‘‘(ii) the amount of funds remaining 

7 available for obligation by each State; 

8 ‘‘(iii) changes in the obligated, unex9 pended balance for each State, year-to10 date, during the current fiscal year, includ11 ing the obligated, unexpended balance at 

12 the end of the preceding fiscal year and 

13 current fiscal year expenditures; 

14 ‘‘(iv) the amount and program cat15 egory of unobligated funding, year-to-date, 

16 available for expenditure at the discretion 

17 of the Secretary; 

18 ‘‘(v) the rates of obligation on and off 

19 the National Highway System, year-to20 date, for the current fiscal year of funds 

21 apportioned, allocated, or set aside under 

22 this section, according to— 

23 ‘‘(I) program; 

24 ‘‘(II) funding category or sub25 category; 


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1 ‘‘(III) type of improvement; 

2 ‘‘(IV) State; and 

3 ‘‘(V) sub-State geographical area, 

4 including urbanized and rural areas, 

5 on the basis of the population of each 

6 such area; and 

7 ‘‘(vi) the amount of funds transferred 

8 by each State, year-to-date, for the current 

9 fiscal year between programs under section 

10 126. 

11 ‘‘(B) PROJECT DATA.—On an annual 

12 basis, the Secretary shall make available a re13 port that, to the maximum extent possible, pro14 vides project-specific data describing— 

15 ‘‘(i) for all projects funded under this 

16 title— 

17 ‘‘(I) the specific location of the 

18 project; 

19 ‘‘(II) the total cost of the project; 

20 ‘‘(III) the amount of Federal 

21 funding obligated for the project; 

22 ‘‘(IV) the program or programs 

23 from which Federal funds have been 

24 obligated for the project; 


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1 ‘‘(V) the type of improvement 

2 being made; and 

3 ‘‘(VI) the ownership of the high4 way or bridge; and 

5 ‘‘(ii) for any project funded under this 

6 title with an estimated total cost as of the 

7 start of construction in excess of 

8 $100,000,000, the data specified under 

9 clause (i) and additional data describing— 

10 ‘‘(I) whether the project is lo11 cated in an area of the State with a 

12 population of— 

13 ‘‘(aa) less than 5,000 indi14 viduals; 

15 ‘‘(bb) 5,000 or more individ16 uals but less than 50,000 individ17 uals; 

18 ‘‘(cc) 50,000 or more indi19 viduals but less than 200,000 in20 dividuals; or 

21 ‘‘(dd) 200,000 or more indi22 viduals; 

23 ‘‘(II) the estimated cost of the 

24 project as of the start of project con25 struction, or the revised cost estimate 


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1 based on a description of revisions to 

2 the scope of work or other factors af3 fecting project cost other than cost 

4 overruns; and 

5 ‘‘(III) the amount of non-Federal 

6 funds obligated for the project.’’. 

7 (b) CONFORMING AMENDMENT.—Section 1503 of 

8 MAP–21 (23 U.S.C. 104 note; Public Law 112–141) is 

9 amended by striking subsection (c). 

10 SEC. 1405. HIGH PRIORITY CORRIDORS ON NATIONAL 

11 HIGHWAY SYSTEM. 

12 (a) IDENTIFICATION OF HIGH PRIORITY CORRIDORS

13 ON NATIONAL HIGHWAY SYSTEM.—Section 1105(c) of 

14 the Intermodal Surface Transportation Efficiency Act of 

15 1991 is amended— 

16 (1) by striking paragraph (13) and inserting 

17 the following: 

18 ‘‘(13) Raleigh-Norfolk Corridor from Raleigh, 

19 North Carolina, through Rocky Mount, Williamston, 

20 and Elizabeth City, North Carolina, to Norfolk, Vir21 ginia.’’; 

22 (2) in paragraph (18)(D)— 

23 (A) in clause (ii) by striking ‘‘and’’ at the 

24 end; 


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1 (B) in clause (iii) by striking the period at 

2 the end and inserting ‘‘; and’’; and 

3 (C) by adding at the end the following: 

4 ‘‘(iv) include Texas State Highway 44 

5 from United States Route 59 at Freer, 

6 Texas, to Texas State Highway 358.’’; 

7 (3) by striking paragraph (68) and inserting 

8 the following: 

9 ‘‘(68) The Washoe County Corridor and the 

10 Intermountain West Corridor, which shall generally 

11 follow— 

12 ‘‘(A) for the Washoe County Corridor, 

13 along Interstate Route 580/United States Route 

14 95/United States Route 95A from Reno, Ne15 vada, to Las Vegas, Nevada; and 

16 ‘‘(B) for the Intermountain West Corridor, 

17 from the vicinity of Las Vegas, Nevada, north 

18 along United States Route 95 terminating at 

19 Interstate Route 80.’’; and 

20 (4) by adding at the end the following: 

21 ‘‘(81) United States Route 117/Interstate 

22 Route 795 from United States Route 70 in Golds23 boro, Wayne County, North Carolina, to Interstate 

24 Route 40 west of Faison, Sampson County, North 

25 Carolina. 


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1 ‘‘(82) United States Route 70 from its intersec2 tion with Interstate Route 40 in Garner, Wake 

3 County, North Carolina, to the Port at Morehead 

4 City, Carteret County, North Carolina. 

5 ‘‘(83) The Sonoran Corridor along State Route 

6 410 connecting Interstate Route 19 and Interstate 

7 Route 10 south of the Tucson International Air8 port.’’. 

9 (b) INCLUSION OF CERTAIN ROUTE SEGMENTS ON

10 INTERSTATE SYSTEM.—Section 1105(e)(5)(A) of the 

11 Intermodal Surface Transportation Efficiency Act of 1991 

12 is amended— 

13 (1) by inserting ‘‘subsection (c)(13),’’ after 

14 ‘‘subsection (c)(9),’’; 

15 (2) by striking ‘‘subsections (c)(18)’’ and all 

16 that follows through ‘‘subsection (c)(36)’’ and insert17 ing ‘‘subsection (c)(18), subsection (c)(20), subpara18 graphs (A) and (B)(i) of subsection (c)(26), sub19 section (c)(36)’’; and 

20 (3) by striking ‘‘and subsection (c)(57)’’ and in21 serting ‘‘subsection (c)(57), subsection (c)(68)(B), 

22 subsection (c)(81), subsection (c)(82), and sub23 section (c)(83)’’. 

24 (c) DESIGNATION.—Section 1105(e)(5)(C)(i) of the 

25 Intermodal Surface Transportation Efficiency Act of 1991 


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1 is amended by striking the final sentence and inserting 

2 the following: ‘‘The routes referred to in subparagraphs 

3 (A) and (B)(i) of subsection (c)(26) and in subsection 

4 (c)(68)(B) are designated as Interstate Route I–11.’’. 

5 (d) FUTURE INTERSTATE DESIGNATION.—Section 

6 119(a) of the SAFETEA–LU Technical Corrections Act 

7 of 2008 is amended by striking ‘‘and, as a future Inter8 state Route 66 Spur, the Natcher Parkway in Owensboro, 

9 Kentucky’’ and inserting ‘‘between Henderson, Kentucky, 

10 and Owensboro, Kentucky, and, as a future Interstate 

11 Route 65 and 66 Spur, the William H. Natcher Parkway 

12 between Bowling Green, Kentucky, and Owensboro, Ken13 tucky’’. 

14 SEC. 1406. FLEXIBILITY FOR PROJECTS. 

15 (a) AUTHORITY.—With respect to projects eligible for 

16 funding under title 23, United States Code, subject to sub17 section (b) and on request by a State, the Secretary may— 

18 (1) exercise all existing flexibilities under and 

19 exceptions to— 

20 (A) the requirements of title 23, United 

21 States Code; and 

22 (B) other requirements administered by 

23 the Secretary, in whole or part; and 


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1 (2) otherwise provide additional flexibility or ex2 pedited processing with respect to the requirements 

3 described in paragraph (1). 

4 (b) MAINTAINING PROTECTIONS.—Nothing in this 

5 section— 

6 (1) waives the requirements of section 113 or 

7 138 of title 23, United States Code; 

8 (2) supersedes, amends, or modifies— 

9 (A) the National Environmental Policy Act 

10 of 1969 (42 U.S.C. 4321 et seq.) or any other 

11 Federal environmental law; or 

12 (B) any requirement of title 23 or title 49, 

13 United States Code; or 

14 (3) affects the responsibility of any Federal of15 ficer to comply with or enforce any law or require16 ment described in this subsection. 

17 SEC. 1407. PRODUCTIVE AND TIMELY EXPENDITURE OF 

18 FUNDS. 

19 (a) IN GENERAL.—Not later than 1 year after the 

20 date of enactment of this Act, the Secretary shall develop 

21 guidance that encourages the use of programmatic ap22 proaches to project delivery, expedited and prudent pro23 curement techniques, and other best practices to facilitate 

24 productive, effective, and timely expenditure of funds for 


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1 projects eligible for funding under title 23, United States 

2 Code. 

3 (b) IMPLEMENTATION.—The Secretary shall work 

4 with States to ensure that any guidance developed under 

5 subsection (a) is consistently implemented by States and 

6 the Federal Highway Administration to— 

7 (1) avoid unnecessary delays in completing 

8 projects; 

9 (2) minimize cost overruns; and 

10 (3) ensure the effective use of Federal funding. 

11 SEC. 1408. CONSOLIDATION OF PROGRAMS. 

12 Section 1519(a) of MAP–21 (126 Stat. 574) is 

13 amended by striking ‘‘From administrative funds’’ and all 

14 that follows through ‘‘shall be made available’’ and insert15 ing ‘‘For each of fiscal years 2016 through 2021, before 

16 making an apportionment under section 104(b)(3) of title 

17 23, United States Code, the Secretary shall set aside, from 

18 amounts made available to carry out the highway safety 

19 improvement program under section 148 of such title for 

20 the fiscal year, $3,500,000’’. 

21 SEC. 1409. FEDERAL SHARE PAYABLE. 

22 (a) INNOVATIVE PROJECT DELIVERY METHODS.— 

23 Section 120(c)(3)(A)(ii) of title 23, United States Code, 

24 is amended by inserting ‘‘engineering or design ap25 proaches,’’ after ‘‘technologies,’’. 


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1 (b) EMERGENCY RELIEF.—Section 120(e)(2) of title 

2 23, United States Code, is amended by striking ‘‘Federal 

3 land access transportation facilities,’’ and inserting ‘‘other 

4 federally owned roads that are open to public travel,’’. 

5 SEC. 1410. ELIMINATION OR MODIFICATION OF CERTAIN 

6 REPORTING REQUIREMENTS. 

7 (a) FUNDAMENTAL PROPERTIES OF ASPHALTS RE8 PORT.—Section 6016(e) of the Intermodal Surface Trans9 portation Efficiency Act of 1991 (105 Stat. 2183) is re10 pealed. 

11 (b) EXPRESS LANES DEMONSTRATION PROGRAM RE12 PORTS.—Section 1604(b)(7)(B) of SAFETEA–LU (23 

13 U.S.C. 129 note) is repealed. 

14 SEC. 1411. TECHNICAL CORRECTIONS. 

15 (a) TITLE 23.—Title 23, United States Code, is 

16 amended as follows: 

17 (1) Section 150(c)(3)(B) is amended by striking 

18 the semicolon at the end and inserting a period. 

19 (2) Section 154(c) is amended— 

20 (A) in paragraph (3)(A) by striking 

21 ‘‘transferred’’ and inserting ‘‘reserved’’; and 

22 (B) in paragraph (5)— 

23 (i) in the matter preceding subpara24 graph (A) by inserting ‘‘or released’’ after 

25 ‘‘transferred’’; and 


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1 (ii) in subparagraph (A) by striking 

2 ‘‘under section 104(b)(l)’’ and inserting 

3 ‘‘under section 104(b)(1)’’. 

4 (3) Section 164(b) is amended— 

5 (A) in paragraph (3)(A) by striking 

6 ‘‘transferred’’ and inserting ‘‘reserved’’; and 

7 (B) in paragraph (5) by inserting ‘‘or re8 leased’’ after ‘‘transferred’’. 

9 (b) MAP–21.—Effective as of July 6, 2012, and as 

10 if included therein as enacted, MAP–21 (Public Law 112– 

11 141) is amended as follows: 

12 (1) Section 1109(a)(2) (126 Stat. 444) is 

13 amended by striking ‘‘fourth’’ and inserting ‘‘fifth’’. 

14 (2) Section 1203 (126 Stat. 524) is amended— 

15 (A) in subsection (a) by striking ‘‘Section 

16 150 of title 23, United States Code, is amended 

17 to read as follows’’ and inserting ‘‘Title 23, 

18 United States Code, is amended by inserting 

19 after section 149 the following’’; and 

20 (B) in subsection (b) by striking ‘‘by strik21 ing the item relating to section 150 and insert22 ing’’ and inserting ‘‘by inserting after the item 

23 relating to section 149’’. 

24 (3) Section 1313(a)(1) (126 Stat. 545) is 

25 amended to read as follows: 


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1 ‘‘(1) in the section heading by striking ‘pilot’; 

2 and’’. 

3 (4) Section 1314(b) (126 Stat. 549) is amend4 ed— 

5 (A) by inserting ‘‘chapter 3 of’’ after 

6 ‘‘analysis for’’; and 

7 (B) by inserting a period at the end of the 

8 matter proposed to be inserted. 

9 (5) Section 1519(c) (126 Stat. 575) is amend10 ed— 

11 (A) by striking paragraph (3); 

12 (B) by redesignating paragraphs (4) 

13 through (12) as paragraphs (3) through (11), 

14 respectively; 

15 (C) in paragraph (7), as redesignated by 

16 subparagraph (B) of this paragraph— 

17 (i) by striking the period at the end of 

18 the matter proposed to be struck; and 

19 (ii) by adding a period at the end; and 

20 (D) in paragraph (8)(A)(i)(I), as redesig21 nated by subparagraph (B) of this paragraph, 

22 by striking ‘‘than rail’’ in the matter proposed 

23 to be struck and inserting ‘‘than on rail’’. 

24 (6) Section 1528 is amended— 


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1 (A) in subsection (b) by inserting ‘‘(or a 

2 lower percentage if so requested by a State with 

3 respect to a project)’’ after ‘‘100 percent’’; and 

4 (B) in subsection (c) by inserting ‘‘(or a 

5 lower percentage if so requested by a State with 

6 respect to a project)’’ after ‘‘100 percent’’. 

7 SEC. 1412. SAFETY FOR USERS. 

8 The Secretary shall encourage each State to adopt 

9 standards for the design of Federal surface transportation 

10 projects that provide for the safe and adequate accommo11 dation (as determined by the State), in all phases of 

12 project planning, development, and operation, of all users 

13 of the surface transportation network, including motorized 

14 and nonmotorized users. 

15 SEC. 1413. DESIGN STANDARDS. 

16 (a) IN GENERAL.—Section 109 of title 23, United 

17 States Code, is amended— 

18 (1) in subsection (c)— 

19 (A) in paragraph (1)— 

20 (i) by striking ‘‘may take into ac21 count’’ and inserting ‘‘shall consider’’; 

22 (ii) in subparagraph (B) by striking 

23 ‘‘and’’ at the end; 

24 (iii) by redesignating subparagraph 

25 (C) as subparagraph (D); and 


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1 (iv) by inserting after subparagraph 

2 (B) the following: 

3 ‘‘(C) cost savings by utilizing flexibility 

4 that exists in current design guidance and regu5 lations; and’’; and 

6 (B) in paragraph (2)— 

7 (i) in subparagraph (C) by striking 

8 ‘‘and’’ at the end; 

9 (ii) by redesignating subparagraph 

10 (D) as subparagraph (F); and 

11 (iii) by inserting after subparagraph 

12 (C) the following: 

13 ‘‘(D) the publication entitled ‘Highway 

14 Safety Manual’ of the American Association of 

15 State Highway and Transportation Officials; 

16 ‘‘(E) the publication entitled ‘Urban Street 

17 Design Guide’ of the National Association of 

18 City Transportation Officials; and’’; and 

19 (2) in subsection (f) by inserting ‘‘pedestrian 

20 walkways,’’ after ‘‘bikeways,’’. 

21 (b) DESIGN STANDARD FLEXIBILITY.—Notwith22 standing section 109(o) of title 23, United States Code, 

23 a State may allow a local jurisdiction to use a roadway 

24 design publication that is different from the roadway de25 sign publication used by the State in which the local jurisVerDate Sep 11 2014 00:32 Oct 21, 2015 Jkt 059200 PO 00000 Frm 00203 Fmt 6652 Sfmt 6201 E:\BILLS\H3763.IH H3763

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1 diction is located for the design of a project on a roadway 

2 under the ownership of the local jurisdiction (other than 

3 a highway on the Interstate System) if— 

4 (1) the local jurisdiction is a direct recipient of 

5 Federal funds for the project; 

6 (2) the roadway design publication— 

7 (A) is recognized by the Federal Highway 

8 Administration; and 

9 (B) is adopted by the local jurisdiction; 

10 and 

11 (3) the design complies with all other applicable 

12 Federal laws. 

13 SEC. 1414. RESERVE FUND. 

14 (a) LIMITATION.— 

15 (1) IN GENERAL.—For fiscal years 2019 

16 through 2021, funds specified in paragraph (2) are 

17 contingent upon the enactment of a subsequent Act 

18 of Congress that would cause additional monies to 

19 be deposited in the Highway Trust Fund. 

20 (2) FUNDING PROVISIONS.—The funds specified 

21 in this paragraph are the funds authorized to be ap22 propriated under— 

23 (A) sections 1101, 4001, 5101, and 6002 

24 of this Act, including the amendments made by 

25 such sections; 


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1 (B) sections 125 and 147 of title 23, 

2 United States Code; and 

3 (C) section 5338(a) of title 49, United 

4 States Code. 

5 (3) ADMINISTRATIVE EXPENSES.—The limita6 tion on funds provided in paragraph (1) shall not 

7 apply to— 

8 (A) administrative expenses of the Federal 

9 Highway Administration under sections 104(a) 

10 and 608(a)(6) of title 23, United States Code; 

11 (B) administrative expenses of the Na12 tional Highway Traffic Safety Administration 

13 under section 4001(a)(6) of this Act; 

14 (C) administrative expenses of the Federal 

15 Motor Carrier Safety Administration under sec16 tion 5103 of this Act; and 

17 (D) administrative expenses of the Federal 

18 Transit Administration under section 5338(h) 

19 of title 49, United States Code. 

20 (b) ADJUSTMENTS TO CONTRACT AUTHORITY.— 

21 (1) IN GENERAL.—Chapter 1 of title 23, United 

22 States Code, is amended by inserting after section 

23 104 the following: 

24 ‘‘§ 105. Adjustments to contract authority 

25 ‘‘(a) CALCULATION.— 


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1 ‘‘(1) IN GENERAL.—The President shall include 

2 in each of the fiscal year 2017 through 2021 budget 

3 submissions to Congress under section 1105(a) of 

4 title 31, for each of the Highway Account and the 

5 Mass Transit Account, a calculation of the difference 

6 between— 

7 ‘‘(A) the actual level of monies deposited in 

8 that account for the most recently completed 

9 fiscal year; and 

10 ‘‘(B) the estimated level of receipts for 

11 that account for the most recently completed 

12 fiscal year, as specified in paragraph (2). 

13 ‘‘(2) ESTIMATE.—The estimated level of re14 ceipts specified in this paragraph are— 

15 ‘‘(A) for the Highway Account— 

16 ‘‘(i) for fiscal year 2015, 

17 $35,067,000,000; 

18 ‘‘(ii) for fiscal year 2016, 

19 $35,498,000,000; 

20 ‘‘(iii) for fiscal year 2017, 

21 $35,879,000,000; 

22 ‘‘(iv) for fiscal year 2018, 

23 $36,084,000,000; and 

24 ‘‘(v) for fiscal year 2019, 

25 $36,117,000,000; and 


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1 ‘‘(B) for the Mass Transit Account— 

2 ‘‘(i) for fiscal year 2015, 

3 $4,994,000,000; 

4 ‘‘(ii) for fiscal year 2016, 

5 $5,020,000,000; 

6 ‘‘(iii) for fiscal year 2017, 

7 $5,024,000,000; 

8 ‘‘(iv) for fiscal year 2018, 

9 $5,011,000,000; and 

10 ‘‘(v) for fiscal year 2019, 

11 $4,981,000,000. 

12 ‘‘(b) ADJUSTMENTS TO CONTRACT AUTHORITY.— 

13 ‘‘(1) ADDITIONAL AMOUNTS.—If the difference 

14 determined in a budget submission under subsection 

15 (a) for a fiscal year for the Highway Account or the 

16 Mass Transit Account is greater than zero, the Sec17 retary shall on October 1 of the budget year of that 

18 submission— 

19 ‘‘(A) make available for programs author20 ized from such account for the budget year a 

21 total amount equal to— 

22 ‘‘(i) the amount otherwise authorized 

23 to be appropriated for such programs for 

24 such budget year; plus 


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1 ‘‘(ii) an amount equal to such dif2 ference; and 

3 ‘‘(B) distribute the additional amount 

4 under subparagraph (A)(ii) to each of such pro5 grams in accordance with subsection (c). 

6 ‘‘(2) REDUCTION.—If the difference determined 

7 in a budget submission under subsection (a) for a 

8 fiscal year for the Highway Account or the Mass 

9 Transit Account is less than zero, the Secretary 

10 shall on October 1 of the budget year of that sub11 mission— 

12 ‘‘(A) make available for programs author13 ized from such account for the budget year a 

14 total amount equal to— 

15 ‘‘(i) the amount otherwise authorized 

16 to be appropriated for such programs for 

17 such budget year; minus 

18 ‘‘(ii) an amount equal to such dif19 ference; and 

20 ‘‘(B) apply the total adjustment under sub21 paragraph (A)(ii) to each of such programs in 

22 accordance with subsection (c). 

23 ‘‘(c) DISTRIBUTION OF ADJUSTMENT AMONG PRO24 GRAMS.— 


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1 ‘‘(1) IN GENERAL.—In making an adjustment 

2 for the Highway Account or the Mass Transit Ac3 count for a budget year under subsection (b), the 

4 Secretary shall— 

5 ‘‘(A) determine the ratio that— 

6 ‘‘(i) the amount authorized to be ap7 propriated for a program from the account 

8 for the budget year; bears to 

9 ‘‘(ii) the total amount authorized to 

10 be appropriated for such budget year for 

11 all programs under such account; 

12 ‘‘(B) multiply the ratio determined under 

13 subparagraph (A) by the applicable difference 

14 calculated under subsection (a); and 

15 ‘‘(C) adjust the amount that the Secretary 

16 would otherwise have allocated for the program 

17 for such budget year by the amount calculated 

18 under subparagraph (B). 

19 ‘‘(2) FORMULA PROGRAMS.—For a program for 

20 which funds are distributed by formula, the Sec21 retary shall add or subtract the adjustment to the 

22 amount authorized for the program but for this sec23 tion and make available the adjusted program 

24 amount for such program in accordance with such 

25 formula. 


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1 ‘‘(3) AVAILABILITY FOR OBLIGATION.—Ad2 justed amounts under this subsection shall be avail3 able for obligation and administered in the same 

4 manner as other amounts made available for the 

5 program for which the amount is adjusted. 

6 ‘‘(d) EXCLUSION OF EMERGENCY RELIEF PROGRAM

7 AND COVERED ADMINISTRATIVE EXPENSES.—The Sec8 retary shall exclude the emergency relief program under 

9 section 125 and covered administrative expenses from— 

10 ‘‘(1) an adjustment of funding under subsection 

11 (c)(1); and 

12 ‘‘(2) any calculation under subsection (b) or (c) 

13 related to such an adjustment. 

14 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

15 is authorized to be appropriated from the appropriate ac16 count or accounts of the Highway Trust Fund an amount 

17 equal to the amounts calculated under subsection (a) for 

18 each of fiscal years 2017 through 2021. 

19 ‘‘(f) REVISION TO OBLIGATION LIMITATIONS.— 

20 ‘‘(1) IN GENERAL.—If the Secretary makes an 

21 adjustment under subsection (b) for a fiscal year to 

22 an amount subject to a limitation on obligations im23 posed by section 1102 or 3017 of the Surface Trans24 portation Reauthorization and Reform Act of 

25 2015— 


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1 ‘‘(A) such limitation on obligations for 

2 such fiscal year shall be revised by an amount 

3 equal to such adjustment; and 

4 ‘‘(B) the Secretary shall distribute such 

5 limitation on obligations, as revised under sub6 paragraph (A), in accordance with such sec7 tions. 

8 ‘‘(2) EXCLUSION OF COVERED ADMINISTRATIVE

9 EXPENSES.—The Secretary shall exclude covered ad10 ministrative expenses from— 

11 ‘‘(A) any calculation relating to a revision 

12 of a limitation on obligations under paragraph 

13 (1)(A); and 

14 ‘‘(B) any distribution of a revised limita15 tion on obligations under paragraph (1)(B). 

16 ‘‘(g) DEFINITIONS.—In this section, the following 

17 definitions apply: 

18 ‘‘(1) BUDGET YEAR.—The term ‘budget year’ 

19 means the fiscal year for which a budget submission 

20 referenced in subsection (a)(1) is submitted. 

21 ‘‘(2) COVERED ADMINISTRATIVE EXPENSES.— 

22 The term ‘covered administrative expenses’ means 

23 the administrative expenses of— 

24 ‘‘(A) the Federal Highway Administration, 

25 as authorized under section 104(a); 


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1 ‘‘(B) the National Highway Traffic Safety 

2 Administration, as authorized under section 

3 4001(a)(6) of the Surface Transportation Reau4 thorization and Reform Act of 2015; and 

5 ‘‘(C) the Federal Motor Carrier Safety Ad6 ministration, as authorized under section 31110 

7 of title 49. 

8 ‘‘(3) HIGHWAY ACCOUNT.—The term ‘Highway 

9 Account’ means the portion of the Highway Trust 

10 Fund that is not the Mass Transit Account. 

11 ‘‘(4) MASS TRANSIT ACCOUNT.—The term 

12 ‘Mass Transit Account’ means the Mass Transit Ac13 count of the Highway Trust Fund established under 

14 section 9503(e)(1) of the Internal Revenue Code of 

15 1986.’’. 

16 (2) CLERICAL AMENDMENT.—The analysis for 

17 chapter 1 of title 23, United States Code, is amend18 ed by inserting after the item relating to section 104 

19 the following: 

‘‘105. Adjustments to contract authority.’’. 

20 SEC. 1415. ADJUSTMENTS. 

21 (a) IN GENERAL.—On July 1, 2018, of the unobli22 gated balances of funds apportioned among the States 

23 under chapter 1 of title 23, United States Code, a total 

24 of $6,000,000,000 is permanently rescinded. 


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1 (b) EXCLUSIONS FROM RESCISSION.—The rescission 

2 under subsection (a) shall not apply to funds distributed 

3 in accordance with— 

4 (1) sections 104(b)(3) and 130(f) of title 23, 

5 United States Code; 

6 (2) sections 133(d)(1)(A) of such title; 

7 (3) the first sentence of section 133(d)(3)(A) of 

8 such title, as in effect on the day before the date of 

9 enactment of MAP–21 (Public Law 112–141); 

10 (4) sections 133(d)(1) and 163 of such title, as 

11 in effect on the day before the date of enactment of 

12 SAFETEA–LU (Public Law 109–59); and 

13 (5) section 104(b)(5) of such title, as in effect 

14 on the day before the date of enactment of MAP– 

15 21 (Public Law 112–141). 

16 (c) DISTRIBUTION AMONG STATES.—The amount to 

17 be rescinded under this section from a State shall be deter18 mined by multiplying the total amount of the rescission 

19 in subsection (a) by the ratio that— 

20 (1) the unobligated balances subject to the re21 scission as of September 30, 2017, for the State; 

22 bears to 

23 (2) the unobligated balances subject to the re24 scission as of September 30, 2017, for all States. 


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1 (d) DISTRIBUTION WITHIN EACH STATE.—The 

2 amount to be rescinded under this section from each pro3 gram to which the rescission applies within a State shall 

4 be determined by multiplying the required rescission 

5 amount calculated under subsection (c) for such State by 

6 the ratio that— 

7 (1) the unobligated balance as of September 30, 

8 2017, for such program in such State; bears to 

9 (2) the unobligated balances as of September 

10 30, 2017, for all programs to which the rescission 

11 applies in such State. 

12 TITLE II—INNOVATIVE PROJECT 

13 FINANCE 

14 SEC. 2001. TRANSPORTATION INFRASTRUCTURE FINANCE 

15 AND INNOVATION ACT OF 1998 AMENDMENTS. 

16 (a) DEFINITIONS.— 

17 (1) MASTER CREDIT AGREEMENT.—Section 

18 601(a)(10) of title 23, United States Code, is 

19 amended to read as follows: 

20 ‘‘(10) MASTER CREDIT AGREEMENT.—The term 

21 ‘master credit agreement’ means a conditional agree22 ment to extend credit assistance for a program of re23 lated projects secured by a common security pledge 

24 (which shall receive an investment grade rating from 

25 a rating agency prior to the Secretary entering into 


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1 such master credit agreement) under section 

2 602(b)(2)(A), or for a single project covered under 

3 section 602(b)(2)(B) that does not provide for a cur4 rent obligation of Federal funds, and that would— 

5 ‘‘(A) make contingent commitments of 1 or 

6 more secured loans or other Federal credit in7 struments at future dates, subject to the avail8 ability of future funds being made available to 

9 carry out this chapter and subject to the satis10 faction of all the conditions for the provision of 

11 credit assistance under this chapter, including 

12 section 603(b)(1); 

13 ‘‘(B) establish the maximum amounts and 

14 general terms and conditions of the secured 

15 loans or other Federal credit instruments; 

16 ‘‘(C) identify the 1 or more dedicated non17 Federal revenue sources that will secure the re18 payment of the secured loans or secured Fed19 eral credit instruments; 

20 ‘‘(D) provide for the obligation of funds for 

21 the secured loans or secured Federal credit in22 struments after all requirements have been met 

23 for the projects subject to the master credit 

24 agreement, including— 


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1 ‘‘(i) completion of an environmental 

2 impact statement or similar analysis re3 quired under the National Environmental 

4 Policy Act of 1969 (42 U.S.C. 4321 et 

5 seq.); 

6 ‘‘(ii) compliance with such other re7 quirements as are specified in this chapter, 

8 including sections 602(c) and 603(b)(1); 

9 and 

10 ‘‘(iii) the availability of funds to carry 

11 out this chapter; and 

12 ‘‘(E) require that contingent commitments 

13 result in a financial close and obligation of 

14 credit assistance not later than 3 years after 

15 the date of entry into the master credit agree16 ment, or release of the commitment, unless oth17 erwise extended by the Secretary.’’. 

18 (2) RURAL INFRASTRUCTURE PROJECT.—Sec19 tion 601(a)(15) of title 23, United States Code, is 

20 amended to read as follows: 

21 ‘‘(15) RURAL INFRASTRUCTURE PROJECT.— 

22 The term ‘rural infrastructure project’ means a sur23 face transportation infrastructure project located 

24 outside of a Census Bureau-defined urbanized 

25 area.’’. 


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1 (b) MASTER CREDIT AGREEMENTS.—Section 

2 602(b)(2) of title 23, United States Code is amended to 

3 read as follows: 

4 ‘‘(2) MASTER CREDIT AGREEMENTS.— 

5 ‘‘(A) PROGRAM OF RELATED PROJECTS.— 

6 The Secretary may enter into a master credit 

7 agreement for a program of related projects se8 cured by a common security pledge on terms 

9 acceptable to the Secretary. 

10 ‘‘(B) ADEQUATE FUNDING NOT AVAIL11 ABLE.—If the Secretary fully obligates funding 

12 to eligible projects in a fiscal year, and ade13 quate funding is not available to fund a credit 

14 instrument, a project sponsor of an eligible 

15 project may elect to enter into a master credit 

16 agreement and wait to execute a credit instru17 ment until the fiscal year during which addi18 tional funds are available to receive credit as19 sistance.’’. 

20 (c) ELIGIBLE PROJECT COSTS.—Section 602(a)(5) 

21 of title 23, United States Code, is amended— 

22 (1) in subparagraph (A) by inserting ‘‘and (C)’’ 

23 after ‘‘(B)’’; and 

24 (2) by adding at the end the following: 


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1 ‘‘(C) LOCAL INFRASTRUCTURE

2 PROJECTS.—Eligible project costs shall be rea3 sonably anticipated to equal or exceed 

4 $10,000,000 in the case of a project or pro5 gram of projects— 

6 ‘‘(i) in which the applicant is a local 

7 government, public authority, or instru8 mentality of local government; 

9 ‘‘(ii) located on a facility owned by a 

10 local government; or 

11 ‘‘(iii) for which the Secretary deter12 mines that a local government is substan13 tially involved in the development of the 

14 project.’’. 

15 (d) LIMITATION ON REFINANCING OF INTERIM CON16 STRUCTION FINANCING.—Section 603(a)(2) of title 23, 

17 United States Code, is amended to read as follows: 

18 ‘‘(2) LIMITATION ON REFINANCING OF INTERIM

19 CONSTRUCTION FINANCING.—A loan under para20 graph (1) shall not refinance interim construction fi21 nancing under paragraph (1)(B)— 

22 ‘‘(A) if the maturity of such interim con23 struction financing is later than 1 year after 

24 the substantial completion of the project; and 


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1 ‘‘(B) later than 1 year after the date of 

2 substantial completion of the project.’’. 

3 (e) FUNDING.—Section 608(a) of title 23, United 

4 States Code, is amended— 

5 (1) in paragraph (4)(A), by striking ‘‘Beginning 

6 in fiscal year 2014, on April 1 of each fiscal year’’ 

7 and inserting ‘‘Beginning in fiscal year 2016, on Au8 gust 1 of each fiscal year’’; and 

9 (2) by striking paragraph (6) and inserting the 

10 following: 

11 ‘‘(6) ADMINISTRATIVE COSTS.—Of the amounts 

12 made available to carry out this chapter, the Sec13 retary may use not more than $5,000,000 for fiscal 

14 year 2016, $5,150,000 for fiscal year 2017, 

15 $5,304,500 for fiscal year 2018, $5,463,500 for fis16 cal year 2019, $5,627,500 for fiscal year 2020, and 

17 $5,760,500 for fiscal year 2021 for the administra18 tion of this chapter.’’. 

19 SEC. 2002. STATE INFRASTRUCTURE BANK PROGRAM. 

20 Section 610 of title 23, United States Code, is 

21 amended— 

22 (1) in subsection (d)— 

23 (A) in paragraph (1) by striking subpara24 graph (A) and inserting the following: 


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1 ‘‘(A) 10 percent of the funds apportioned 

2 to the State for each of fiscal years 2016 

3 through 2021 under each of sections 104(b)(1) 

4 and 104(b)(2); and’’; 

5 (B) in paragraph (2) by striking ‘‘fiscal 

6 years 2005 through 2009’’ and inserting ‘‘fiscal 

7 years 2016 through 2021’’; 

8 (C) in paragraph (3) by striking ‘‘fiscal 

9 years 2005 through 2009’’ and inserting ‘‘fiscal 

10 years 2016 through 2021’’; and 

11 (D) in paragraph (5) by striking ‘‘section 

12 133(d)(3)’’ and inserting ‘‘section 

13 133(d)(1)(A)(i)’’; and 

14 (2) in subsection (k) by striking ‘‘fiscal years 

15 2005 through 2009’’ and inserting ‘‘fiscal years 

16 2016 through 2021’’. 

17 SEC. 2003. AVAILABILITY PAYMENT CONCESSION MODEL. 

18 (a) PAYMENT TO STATES FOR CONSTRUCTION.—Sec19 tion 121(a) of title 23, United States Code, is amended 

20 by inserting ‘‘(including payments made pursuant to a 

21 long-term concession agreement, such as availability pay22 ments)’’ after ‘‘a project’’. 

23 (b) PROJECT APPROVAL AND OVERSIGHT.—Section 

24 106(b)(1) of title 23, United States Code, is amended by 

25 inserting ‘‘(including payments made pursuant to a longVerDate Sep 11 2014 00:32 Oct 21, 2015 Jkt 059200 PO 00000 Frm 00220 Fmt 6652 Sfmt 6201 E:\BILLS\H3763.IH H3763

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1 term concession agreement, such as availability pay2 ments)’’ after ‘‘construction of the project’’. 

3 TITLE III—PUBLIC 

4 TRANSPORTATION 

5 SEC. 3001. SHORT TITLE. 

6 This title may be cited as the ‘‘Federal Public Trans7 portation Act of 2015’’. 

8 SEC. 3002. DEFINITIONS. 

9 Section 5302 of title 49, United States Code, is 

10 amended— 

11 (1) in paragraph (1)(C) by striking ‘‘land12 scaping and’’; and 

13 (2) by adding at the end the following: 

14 ‘‘(24) VALUE CAPTURE.—The term ‘value cap15 ture’ means recovering the increased property value 

16 to property located near public transportation result17 ing from investments in public transportation. 

18 ‘‘(25) BASE-MODEL BUS.—The term ‘base19 model bus’ means a heavy-duty public transportation 

20 bus manufactured to meet, but not exceed, transit21 specific minimum performance criteria developed by 

22 the Secretary.’’. 


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1 SEC. 3003. METROPOLITAN AND STATEWIDE TRANSPOR2 TATION PLANNING. 

3 (a) IN GENERAL.—Section 5303 of title 49, United 

4 States Code, is amended— 

5 (1) in subsection (c)(2) by striking ‘‘and bicycle 

6 transportation facilities’’ and inserting ‘‘, bicycle 

7 transportation facilities, and intermodal facilities 

8 that support intercity transportation, including 

9 intercity buses and intercity bus facilities’’; 

10 (2) in subsection (d)— 

11 (A) by redesignating paragraphs (3) 

12 through (6) as paragraphs (4) through (7), re13 spectively; and 

14 (B) by inserting after paragraph (2) the 

15 following: 

16 ‘‘(3) REPRESENTATION.— 

17 ‘‘(A) IN GENERAL.—Designation or selec18 tion of officials or representatives under para19 graph (2) shall be determined by the metropoli20 tan planning organization according to the by21 laws or enabling statute of the organization. 

22 ‘‘(B) PUBLIC TRANSPORTATION REP23 RESENTATIVE.—Subject to the bylaws or ena24 bling statute of the metropolitan planning orga25 nization, a representative of a provider of public 


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1 transportation may also serve as a representa2 tive of a local municipality. 

3 ‘‘(C) POWERS OF CERTAIN OFFICIALS.— 

4 An official described in paragraph (2)(B) shall 

5 have responsibilities, actions, duties, voting 

6 rights, and any other authority commensurate 

7 with other officials described in paragraph 

8 (2).’’; and 

9 (C) in paragraph (5), as so redesignated, 

10 by striking ‘‘paragraph (5)’’ and inserting 

11 ‘‘paragraph (6)’’; 

12 (3) in subsection (e)(4)(B) by striking ‘‘sub13 section (d)(5)’’ and inserting ‘‘subsection (d)(6)’’; 

14 (4) in subsection (g)(3)(A) by inserting ‘‘tour15 ism, natural disaster risk reduction,’’ after ‘‘eco16 nomic development,’’; 

17 (5) in subsection (h)(1)— 

18 (A) in subparagraph (G) by striking ‘‘and’’ 

19 at the end; 

20 (B) in subparagraph (H) by striking the 

21 period at the end and inserting ‘‘; and’’; and 

22 (C) by adding at the end the following: 

23 ‘‘(I) improve the resilience and reliability 

24 of the transportation system.’’; 

25 (6) in subsection (i)— 


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1 (A) in paragraph (2)(A)(i) by striking 

2 ‘‘transit’’ and inserting ‘‘public transportation 

3 facilities, intercity bus facilities’’; 

4 (B) in paragraph (6)(A)— 

5 (i) by inserting ‘‘public ports,’’ before 

6 ‘‘freight shippers,’’; and 

7 (ii) by inserting ‘‘(including intercity 

8 bus operators, employer-based commuting 

9 programs, such as a carpool program, van10 pool program, transit benefit program, 

11 parking cash-out program, shuttle pro12 gram, or telework program)’’ after ‘‘private 

13 providers of transportation’’; and 

14 (C) in paragraph (8) by striking ‘‘para15 graph (2)(C)’’ and inserting ‘‘paragraph 

16 (2)(E)’’ each place it appears; 

17 (7) in subsection (k)(3)(A), by inserting ‘‘(in18 cluding intercity bus operators, employer-based com19 muting programs, such as a carpool program, van20 pool program, transit benefit program, parking cash21 out program, shuttle program, or telework program), 

22 job access projects,’’ after ‘‘reduction’’; 

23 (8) in subsection (l)— 

24 (A) by adding a period at the end of para25 graph (1); and 


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1 (B) in paragraph (2)(D) by striking ‘‘of 

2 less than 200,000’’ and inserting ‘‘with a popu3 lation of 200,000 or less’’; and 

4 (9) in subsection (p) by striking ‘‘Funds set 

5 aside under section 104(f)’’ and inserting ‘‘Funds 

6 apportioned under section 104(b)(5)’’. 

7 (b) STATEWIDE AND NONMETROPOLITAN TRANSPOR8 TATION PLANNING.—Section 5304 of title 49, United 

9 States Code, is amended— 

10 (1) in subsection (a)(2) by striking ‘‘and bicycle 

11 transportation facilities’’ and inserting ‘‘, bicycle 

12 transportation facilities, and intermodal facilities 

13 that support intercity transportation, including 

14 intercity buses and intercity bus facilities’’; 

15 (2) in subsection (d)— 

16 (A) in paragraph (1)— 

17 (i) in subparagraph (G) by striking 

18 ‘‘and’’ at the end; 

19 (ii) in subparagraph (H) by striking 

20 the period at the end and inserting ‘‘; 

21 and’’; and 

22 (iii) by adding at the end the fol23 lowing: 

24 ‘‘(I) improve the resilience and reliability 

25 of the transportation system.’’; and 


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1 (B) in paragraph (2)— 

2 (i) in subparagraph (B)(ii) by striking 

3 ‘‘urbanized’’; and 

4 (ii) in subparagraph (C) by striking 

5 ‘‘urbanized’’; and 

6 (3) in subsection (f)(3)(A)(ii)— 

7 (A) by inserting ‘‘public ports,’’ before 

8 ‘‘freight shippers,’’; and 

9 (B) by inserting ‘‘(including intercity bus 

10 operators, employer-based commuting pro11 grams, such as a carpool program, vanpool pro12 gram, transit benefit program, parking cash-out 

13 program, shuttle program, or telework pro14 gram)’’ after ‘‘private providers of transpor15 tation’’. 

16 SEC. 3004. URBANIZED AREA FORMULA GRANTS. 

17 Subsection 5307 of title 49, United States Code, is 

18 amended— 

19 (1) in subsection (a)— 

20 (A) by redesignating paragraphs (1) and 

21 (2) as paragraphs (2) and (3), respectively; 

22 (B) by inserting before paragraph (2) (as 

23 so redesignated) the following: 

24 ‘‘(1) RECIPIENT DEFINED.—In this section, the 

25 term ‘recipient’ means a designated recipient, State, 


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1 or local governmental authority that receives a grant 

2 under this section directly from the Government.’’; 

3 (C) in paragraph (3) (as so redesignated) 

4 by inserting ‘‘or general public demand re5 sponse service’’ before ‘‘during’’ each place it 

6 appears; and 

7 (D) by adding at the end the following: 

8 ‘‘(4) EXCEPTION TO THE SPECIAL RULE.—Not9 withstanding paragraph (3), if a public transpor10 tation system described in such paragraph executes 

11 a written agreement with 1 or more other public 

12 transportation systems to allocate funds under this 

13 subsection, other than by measuring vehicle revenue 

14 hours, each of the public transportation systems to 

15 the agreement may follow the terms of such agree16 ment without regard to the percentages or the meas17 ured vehicle revenue hours referred to in such para18 graph.’’; and 

19 (2) in subsection (c)(1)(K)(i) by striking ‘‘1 

20 percent’’ and inserting ‘‘one-half of 1 percent’’. 

21 SEC. 3005. FIXED GUIDEWAY CAPITAL INVESTMENT 

22 GRANTS. 

23 Section 5309 of title 49, United States Code, is 

24 amended— 

25 (1) in subsection (h)(6)— 


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1 (A) by striking ‘‘In carrying out’’ and in2 serting the following: 

3 ‘‘(A) IN GENERAL.—In carrying out’’; and 

4 (B) by adding at the end the following: 

5 ‘‘(B) OPTIONAL EARLY RATING.—At the 

6 request of the project sponsor, the Secretary 

7 shall evaluate and rate the project in accord8 ance with paragraphs (4) and (5) and subpara9 graph (A) of this paragraph upon completion of 

10 the analysis required under the National Envi11 ronmental Policy Act of 1969 (42 U.S.C. 4321 

12 et seq.).’’; 

13 (2) in subsection (l)— 

14 (A) in paragraph (1) by striking ‘‘80 per15 cent’’ each place it appears and inserting ‘‘50 

16 percent’’; and 

17 (B) by striking paragraph (4) and insert18 ing the following: 

19 ‘‘(4) REMAINING COSTS.—The remainder of the 

20 net project costs shall be provided— 

21 ‘‘(A) in cash from non-Government sources 

22 other than revenues from providing public 

23 transportation services; 

24 ‘‘(B) from revenues from the sale of adver25 tising and concessions; 


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1 ‘‘(C) from an undistributed cash surplus, a 

2 replacement or depreciation cash fund or re3 serve, or new capital; or 

4 ‘‘(D) from amounts appropriated or other5 wise made available to a department or agency 

6 of the Government (other than the Department 

7 of Transportation) that are eligible to be ex8 pended for transportation.’’; 

9 (3) by striking subsection (n) and redesignating 

10 subsection (o) as subsection (n); and 

11 (4) by adding at the end the following: 

12 ‘‘(o) SPECIAL RULE.—For the purposes of calcu13 lating the cost effectiveness of a project described in sub14 section (d) or (e), the Secretary shall not reduce or elimi15 nate the capital costs of art and landscaping elements 

16 from the annualized capital cost calculation.’’. 

17 SEC. 3006. FORMULA GRANTS FOR ENHANCED MOBILITY 

18 OF SENIORS AND INDIVIDUALS WITH DIS19 ABILITIES. 

20 Section 5310 of title 49, United States Code, is 

21 amended by adding at the end the following: 

22 ‘‘(i) BEST PRACTICES.—The Secretary shall collect 

23 from, review, and disseminate to public transit agencies 

24 innovative practices, program models, new service delivery 


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1 options, findings from activities under subsection (h), and 

2 transit cooperative research program reports.’’. 

3 SEC. 3007. FORMULA GRANTS FOR RURAL AREAS. 

4 Section 5311(g)(3) of title 49, United States Code, 

5 is amended— 

6 (1) by redesignating subparagraphs (A) through 

7 (D) as subparagraphs (C) through (F), respectively; 

8 (2) by inserting before subparagraph (C) (as so 

9 redesignated) the following: 

10 ‘‘(A) may be provided in cash from non11 Government sources other than revenues from 

12 providing public transportation services; and 

13 ‘‘(B) may be provided from revenues from 

14 the sale of advertising and concessions;’’; and 

15 (3) in subparagraph (F) (as so redesignated) by 

16 inserting ‘‘, including all operating and capital costs 

17 of such service whether or not offset by revenue 

18 from such service,’’ after ‘‘the costs of a private op19 erator for the unsubsidized segment of intercity bus 

20 service’’. 

21 SEC. 3008. PUBLIC TRANSPORTATION INNOVATION. 

22 (a) CONSOLIDATION OF PROGRAMS.—Section 5312 

23 of title 49, United States Code, is amended— 

24 (1) by striking the section designation and 

25 heading and inserting the following: 


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1 ‘‘§ 5312. Public transportation innovation’’; 

2 (2) by redesignating subsections (a) through (f) 

3 as subsections (b) through (g), respectively; 

4 (3) by inserting before subsection (b) (as so re5 designated) the following: 

6 ‘‘(a) IN GENERAL.—The Secretary shall provide as7 sistance for projects and activities to advance innovative 

8 public transportation research and development in accord9 ance with the requirements of this section.’’; 

10 (4) in subsection (e)(5) (as so redesignated)— 

11 (A) in subparagraph (A) by striking clause 

12 (vi) and redesignating clause (vii) as clause (vi); 

13 (B) in subparagraph (B) by striking ‘‘re14 cipients’’ and inserting ‘‘participants’’; 

15 (C) in subparagraph (C) by striking clause 

16 (ii) and inserting the following: 

17 ‘‘(ii) GOVERNMENT SHARE OF COSTS

18 FOR CERTAIN PROJECTS.—A grant for a 

19 project carried out under this paragraph 

20 shall be 80 percent of the net project cost 

21 of the project unless the grant recipient re22 quests a lower grant percentage.’’; and 

23 (D) by striking subparagraph (G); 

24 (5) in subsection (f) (as so redesignated)— 


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1 (A) by striking ‘‘(f)’’ and all that follows 

2 before paragraph (1) and inserting the fol3 lowing: 

4 ‘‘(f) ANNUAL REPORT ON RESEARCH.—Not later 

5 than the first Monday in February of each year, the Sec6 retary shall make available to the public on the Web site 

7 of the Department of Transportation, a report that in8 cludes—’’; 

9 (B) in paragraph (1) by adding ‘‘and’’ at 

10 the end; 

11 (C) in paragraph (2) by striking ‘‘; and’’ 

12 and inserting a period; and 

13 (D) by striking paragraph (3); and 

14 (6) by adding at the end the following: 

15 ‘‘(h) TRANSIT COOPERATIVE RESEARCH PRO16 GRAM.— 

17 ‘‘(1) IN GENERAL.—The amounts made avail18 able under section 5338(b) are available for a public 

19 transportation cooperative research program. 

20 ‘‘(2) INDEPENDENT GOVERNING BOARD.— 

21 ‘‘(A) ESTABLISHMENT.—The Secretary 

22 shall establish an independent governing board 

23 for the program under this subsection. 

24 ‘‘(B) RECOMMENDATIONS.—The board 

25 shall recommend public transportation research, 


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1 development, and technology transfer activities 

2 the Secretary considers appropriate. 

3 ‘‘(3) FEDERAL ASSISTANCE.—The Secretary 

4 may make grants to, and enter into cooperative 

5 agreements with, the National Academy of Sciences 

6 to carry out activities under this subsection that the 

7 Secretary considers appropriate. 

8 ‘‘(4) GOVERNMENT’S SHARE.—If there would 

9 be a clear and direct financial benefit to an entity 

10 under a grant or contract financed under this sub11 section, the Secretary shall establish a Government 

12 share consistent with that benefit. 

13 ‘‘(5) LIMITATION ON APPLICABILITY.—Sub14 sections (f) and (g) shall not apply to activities car15 ried out under this subsection.’’. 

16 (b) CONFORMING AMENDMENTS.—Section 5312 of 

17 such title (as amended by subsection (a) of this section) 

18 is further amended— 

19 (1) in subsection (c)(1) by striking ‘‘subsection 

20 (a)(2)’’ and inserting ‘‘subsection (b)(2)’’; 

21 (2) in subsection (d)— 

22 (A) in paragraph (1) by striking ‘‘sub23 section (a)(2)’’ and inserting ‘‘subsection 

24 (b)(2)’’; and 


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1 (B) in paragraph (2)(A) by striking ‘‘sub2 section (b)’’ and inserting ‘‘subsection (c)’’; 

3 (3) in subsection (e)(2) in each of subpara4 graphs (A) and (B) by striking ‘‘subsection (a)(2)’’ 

5 and inserting ‘‘subsection (b)(2)’’; and 

6 (4) in subsection (f)(2) by striking ‘‘subsection 

7 (d)(4)’’ and inserting ‘‘subsection (e)(4)’’. 

8 (c) REPEAL.—Section 5313 of such title, and the 

9 item relating to that section in the analysis for chapter 

10 53 of such title, are repealed. 

11 (d) CLERICAL AMENDMENT.—The analysis for chap12 ter 53 of such title is amended by striking the item relat13 ing to section 5312 and inserting the following: 

‘‘5312. Public transportation innovation.’’. 

14 SEC. 3009. TECHNICAL ASSISTANCE AND WORKFORCE DE15 VELOPMENT. 

16 (a) IN GENERAL.—Section 5314 of title 49, United 

17 States Code, is amended to read as follows: 

18 ‘‘§ 5314. Technical assistance and workforce develop19 ment 

20 ‘‘(a) TECHNICAL ASSISTANCE AND STANDARDS.— 

21 ‘‘(1) TECHNICAL ASSISTANCE AND STANDARDS

22 DEVELOPMENT.— 

23 ‘‘(A) IN GENERAL.—The Secretary may 

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1 ing agreements with departments, agencies, and 

2 instrumentalities of the Government) to carry 

3 out activities that the Secretary determines will 

4 assist recipients of assistance under this chap5 ter to— 

6 ‘‘(i) more effectively and efficiently 

7 provide public transportation service; 

8 ‘‘(ii) administer funds received under 

9 this chapter in compliance with Federal 

10 law; and 

11 ‘‘(iii) improve public transportation. 

12 ‘‘(B) ELIGIBLE ACTIVITIES.—The activi13 ties carried out under subparagraph (A) may 

14 include— 

15 ‘‘(i) technical assistance; and 

16 ‘‘(ii) the development of voluntary and 

17 consensus-based standards and best prac18 tices by the public transportation industry, 

19 including standards and best practices for 

20 safety, fare collection, intelligent transpor21 tation systems, accessibility, procurement, 

22 security, asset management to maintain a 

23 state of good repair, operations, mainte24 nance, vehicle propulsion, communications, 

25 and vehicle electronics. 


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1 ‘‘(2) TECHNICAL ASSISTANCE.—The Secretary, 

2 through a competitive bid process, may enter into 

3 contracts, cooperative agreements, and other agree4 ments with national nonprofit organizations that 

5 have the appropriate demonstrated capacity to pro6 vide public transportation-related technical assist7 ance under this subsection. The Secretary may enter 

8 into such contracts, cooperative agreements, and 

9 other agreements to assist providers of public trans10 portation to— 

11 ‘‘(A) comply with the Americans with Dis12 abilities Act of 1990 (42 U.S.C. 12101 et seq.) 

13 through technical assistance, demonstration 

14 programs, research, public education, and other 

15 activities related to complying with such Act; 

16 ‘‘(B) comply with human services transpor17 tation coordination requirements and to en18 hance the coordination of Federal resources for 

19 human services transportation with those of the 

20 Department of Transportation through tech21 nical assistance, training, and support services 

22 related to complying with such requirements; 

23 ‘‘(C) meet the transportation needs of el24 derly individuals; 


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1 ‘‘(D) increase transit ridership in coordina2 tion with metropolitan planning organizations 

3 and other entities through development around 

4 public transportation stations through technical 

5 assistance and the development of tools, guid6 ance, and analysis related to market-based de7 velopment around transit stations; 

8 ‘‘(E) address transportation equity with re9 gard to the effect that transportation planning, 

10 investment, and operations have for low-income 

11 and minority individuals; 

12 ‘‘(F) facilitate best practices to promote 

13 bus driver safety; and 

14 ‘‘(G) any other technical assistance activity 

15 that the Secretary determines is necessary to 

16 advance the interests of public transportation. 

17 ‘‘(3) ANNUAL REPORT ON TECHNICAL ASSIST18 ANCE.—Not later than the first Monday in February 

19 of each year, the Secretary shall submit to the Com20 mittee on Banking, Housing, and Urban Affairs and 

21 the Committee on Appropriations of the Senate and 

22 the Committee on Transportation and Infrastruc23 ture, the Committee on Science, Space, and Tech24 nology, and the Committee on Appropriations of the 

25 House of Representatives a report that includes— 


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1 ‘‘(A) a description of each project that re2 ceived assistance under this subsection during 

3 the preceding fiscal year; 

4 ‘‘(B) an evaluation of the activities carried 

5 out by each organization that received assist6 ance under this subsection during the preceding 

7 fiscal year; 

8 ‘‘(C) a proposal for allocations of amounts 

9 for assistance under this subsection for the sub10 sequent fiscal year; and 

11 ‘‘(D) measurable outcomes and impacts of 

12 the programs funded under subsections (b) and 

13 (c). 

14 ‘‘(4) GOVERNMENT SHARE OF COSTS.— 

15 ‘‘(A) IN GENERAL.—The Government 

16 share of the cost of an activity carried out 

17 using a grant under this subsection may not ex18 ceed 80 percent. 

19 ‘‘(B) NON-GOVERNMENT SHARE.—The 

20 non-Government share of the cost of an activity 

21 carried out using a grant under this subsection 

22 may be derived from in-kind contributions. 

23 ‘‘(b) HUMAN RESOURCES AND TRAINING.— 

24 ‘‘(1) IN GENERAL.—The Secretary may under25 take, or make grants and contracts for, programs 


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1 that address human resource needs as they apply to 

2 public transportation activities. A program may in3 clude— 

4 ‘‘(A) an employment training program; 

5 ‘‘(B) an outreach program to increase vet6 eran, minority, and female employment in pub7 lic transportation activities; 

8 ‘‘(C) research on public transportation per9 sonnel and training needs; 

10 ‘‘(D) training and assistance for veteran 

11 and minority business opportunities; and 

12 ‘‘(E) consensus-based national training 

13 standards and certifications in partnership with 

14 industry stakeholders. 

15 ‘‘(2) INNOVATIVE PUBLIC TRANSPORTATION

16 FRONTLINE WORKFORCE DEVELOPMENT PRO17 GRAM.— 

18 ‘‘(A) IN GENERAL.—The Secretary shall 

19 establish a competitive grant program to assist 

20 the development of innovative activities eligible 

21 for assistance under subparagraph (1). 

22 ‘‘(B) ELIGIBLE PROGRAMS.—A program 

23 eligible for assistance under subsection (a) 

24 shall— 


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1 ‘‘(i) develop apprenticeships for tran2 sit maintenance and operations occupa3 tions, including hands-on, peer trainer, 

4 classroom and on-the-job training as well 

5 as training for instructors and on-the-job 

6 mentors; 

7 ‘‘(ii) build local, regional, and state8 wide transit training partnerships in co9 ordination with entities such as local em10 ployers, local public transportation opera11 tors, labor union organizations, workforce 

12 development boards, State workforce agen13 cies, State apprenticeship agencies (where 

14 applicable), community colleges and univer15 sity transportation centers, to identify and 

16 address workforce skill gaps and develop 

17 skills needed for delivering quality transit 

18 service and supporting employee career ad19 vancement; 

20 ‘‘(iii) provide improved capacity for 

21 safety, security, and emergency prepared22 ness in local transit systems through— 

23 ‘‘(I) developing the role of the 

24 frontline workforce in building and 

25 sustaining safety culture and safety 


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1 systems in the industry and in indi2 vidual public transportation systems; 

3 ‘‘(II) specific training, in coordi4 nation with the National Transit In5 stitute, on security and emergency 

6 preparedness, including protocols for 

7 coordinating with first responders and 

8 working with the broader community 

9 to address natural disasters or other 

10 threats to transit systems; and 

11 ‘‘(III) training to address front12 line worker roles in promoting health 

13 and safety for transit workers and the 

14 riding public, and improving commu15 nication during emergencies between 

16 the frontline workforce and the riding 

17 public; or 

18 ‘‘(iv) address current or projected 

19 workforce shortages by developing career 

20 pathway partnerships with high schools, 

21 community colleges and other community 

22 organizations for recruiting and training 

23 underrepresented populations, including 

24 minorities, women, individuals with disabil25 ities, veterans, and low-income populations 


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1 as successful transit employees who can 

2 develop careers in the transit industry. 

3 ‘‘(C) SELECTION OF RECIPIENTS.—To the 

4 maximum extent feasible, the Secretary shall 

5 select recipients that— 

6 ‘‘(i) are geographically diverse; 

7 ‘‘(ii) address the workforce and 

8 human resources needs of large public 

9 transportation providers; 

10 ‘‘(iii) address the workforce and 

11 human resources needs of small public 

12 transportation providers; 

13 ‘‘(iv) address the workforce and 

14 human resources needs of urban public 

15 transportation providers; 

16 ‘‘(v) address the workforce and 

17 human resources needs of rural public 

18 transportation providers; 

19 ‘‘(vi) advance training related to 

20 maintenance of alternative energy, energy 

21 efficiency, or zero emission vehicles and fa22 cilities used in public transportation; 

23 ‘‘(vii) target areas with high rates of 

24 unemployment; 


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1 ‘‘(viii) address current or projected 

2 workforce shortages in areas that require 

3 technical expertise; and 

4 ‘‘(ix) advance opportunities for mi5 norities, women, veterans, individuals with 

6 disabilities, low-income populations, and 

7 other underserved populations. 

8 ‘‘(D) PROGRAM OUTCOMES.—A recipient 

9 of assistance under this subsection shall dem10 onstrate outcomes for any program that in11 cludes skills training, on-the-job training, and 

12 work-based learning, including— 

13 ‘‘(i) the impact on reducing public 

14 transportation workforce shortages in the 

15 area served; 

16 ‘‘(ii) the diversity of training partici17 pants; and 

18 ‘‘(iii) the number of participants ob19 taining certifications or credentials re20 quired for specific types of employment. 

21 ‘‘(3) GOVERNMENT’S SHARE OF COSTS.—The 

22 Government share of the cost of a project carried 

23 out using a grant under paragraph (1) or (2) shall 

24 be 50 percent. 


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1 ‘‘(4) USE FOR TECHNICAL ASSISTANCE.—The 

2 Secretary may use not more than 1 percent of 

3 amounts made available to carry out this section to 

4 provide technical assistance for activities and pro5 grams developed, conducted, and overseen under 

6 paragraphs (1) and (2). 

7 ‘‘(c) NATIONAL TRANSIT INSTITUTE.— 

8 ‘‘(1) ESTABLISHMENT.—The Secretary shall es9 tablish a national transit institute and award grants 

10 to a public, 4-year institution of higher education, as 

11 defined in section 101(a) of the Higher Education 

12 Act of 1965 (20 U.S.C. 1001(a)), in order to carry 

13 out the duties of the institute. 

14 ‘‘(2) DUTIES.— 

15 ‘‘(A) IN GENERAL.—In cooperation with 

16 the Federal Transit Administration, State 

17 transportation departments, public transpor18 tation authorities, and national and inter19 national entities, the institute established under 

20 paragraph (1) shall develop and conduct train21 ing and educational programs for Federal, 

22 State, and local transportation employees, 

23 United States citizens, and foreign nationals 

24 engaged or to be engaged in Government-aid 

25 public transportation work. 


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1 ‘‘(B) TRAINING AND EDUCATIONAL PRO2 GRAMS.—The training and educational pro3 grams developed under subparagraph (A) may 

4 include courses in recent developments, tech5 niques, and procedures related to— 

6 ‘‘(i) intermodal and public transpor7 tation planning; 

8 ‘‘(ii) management; 

9 ‘‘(iii) environmental factors; 

10 ‘‘(iv) acquisition and joint-use rights11 of-way; 

12 ‘‘(v) engineering and architectural de13 sign; 

14 ‘‘(vi) procurement strategies for public 

15 transportation systems; 

16 ‘‘(vii) turnkey approaches to deliv17 ering public transportation systems; 

18 ‘‘(viii) new technologies; 

19 ‘‘(ix) emission reduction technologies; 

20 ‘‘(x) ways to make public transpor21 tation accessible to individuals with disabil22 ities; 

23 ‘‘(xi) construction, construction man24 agement, insurance, and risk management; 

25 ‘‘(xii) maintenance; 


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1 ‘‘(xiii) contract administration; 

2 ‘‘(xiv) inspection; 

3 ‘‘(xv) innovative finance; 

4 ‘‘(xvi) workplace safety; and 

5 ‘‘(xvii) public transportation security. 

6 ‘‘(3) PROVIDING EDUCATION AND TRAINING.— 

7 Education and training of Government, State, and 

8 local transportation employees under this subsection 

9 shall be provided— 

10 ‘‘(A) by the Secretary at no cost to the 

11 States and local governments for subjects that 

12 are a Government program responsibility; or 

13 ‘‘(B) when the education and training are 

14 paid under paragraph (4), by the State, with 

15 the approval of the Secretary, through grants 

16 and contracts with public and private agencies, 

17 other institutions, individuals, and the institute. 

18 ‘‘(4) AVAILABILITY OF AMOUNTS.—Not more 

19 than 0.5 percent of the amounts made available for 

20 a fiscal year beginning after September 30, 1991, to 

21 a State or public transportation authority in the 

22 State to carry out sections 5307 and 5309 is avail23 able for expenditure by the State and public trans24 portation authorities in the State, with the approval 

25 of the Secretary, to pay not more than 80 percent 


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1 of the cost of tuition and direct educational expenses 

2 related to educating and training State and local 

3 transportation employees under this subsection.’’. 

4 (b) REPEAL.—Section 5322 of such title, and the 

5 item relating to that section in the analysis for chapter 

6 53 of such title, are repealed. 

7 (c) CLERICAL AMENDMENT.—The analysis for chap8 ter 53 of such title is amended by striking the item relat9 ing to section 5314 and inserting the following: 

‘‘5314. Technical assistance and workforce development’’. 

10 SEC. 3010. BICYCLE FACILITIES. 

11 Section 5319 of title 49, United States Code, is 

12 amended— 

13 (1) by striking ‘‘90 percent’’ and inserting ‘‘80 

14 percent’’; and 

15 (2) by striking ‘‘95 percent’’ and inserting ‘‘80 

16 percent’’. 

17 SEC. 3011. GENERAL PROVISIONS. 

18 Section 5323 of title 49, United States Code, is 

19 amended— 

20 (1) in subsection (h)— 

21 (A) in paragraph (1) by striking ‘‘or’’ at 

22 the end; 

23 (B) by redesignating paragraph (2) as 

24 paragraph (3); and 


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1 (C) by inserting after paragraph (1) the 

2 following: 

3 ‘‘(2) pay incremental costs of incorporating art 

4 or landscaping into facilities, including the costs of 

5 an artist on the design team; or’’; 

6 (2) in subsection (i) by adding at the end the 

7 following: 

8 ‘‘(3) ACQUISITION OF BASE-MODEL BUSES.—A 

9 grant for the acquisition of a base-model bus for use 

10 in public transportation may be not more than 85 

11 percent of the net project cost.’’; 

12 (3) in subsection (j)(2) by striking subpara13 graph (C) and inserting the following: 

14 ‘‘(C) when procuring rolling stock (includ15 ing train control, communication, and traction 

16 power equipment) under this chapter— 

17 ‘‘(i) the cost of components and sub18 components produced in the United 

19 States— 

20 ‘‘(I) for fiscal years 2016 and 

21 2017, is more than 60 percent of the 

22 cost of all components of the rolling 

23 stock; 

24 ‘‘(II) for fiscal years 2018 and 

25 2019, is more than 65 percent of the 


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1 cost of all components of the rolling 

2 stock; and 

3 ‘‘(III) for fiscal year 2020 and 

4 each fiscal year thereafter, is more 

5 than 70 percent of the cost of all com6 ponents of the rolling stock; and 

7 ‘‘(ii) final assembly of the rolling 

8 stock has occurred in the United States; 

9 or’’; and 

10 (4) by adding at the end the following: 

11 ‘‘(s) VALUE CAPTURE REVENUE ELIGIBLE FOR

12 LOCAL SHARE.—A recipient of assistance under this 

13 chapter may use the revenue generated from value capture 

14 financing mechanisms as local matching funds for capital 

15 projects and operating costs eligible under this chapter. 

16 ‘‘(t) SPECIAL CONDITION ON CHARTER BUS TRANS17 PORTATION SERVICE.—If, in a fiscal year, the Secretary 

18 is prohibited by law from enforcing regulations related to 

19 charter bus service under part 604 of title 49, Code of 

20 Federal Regulations, for any transit agency that during 

21 fiscal year 2008 was both initially granted a 60-day period 

22 to come into compliance with such part 604, and then was 

23 subsequently granted an exception from such part— 


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1 ‘‘(1) the transit agency shall be precluded from 

2 receiving its allocation of urbanized area formula 

3 grant funds for that fiscal year; and 

4 ‘‘(2) any amounts withheld pursuant to para5 graph (1) shall be added to the amount that the 

6 Secretary may apportion under section 5336 in the 

7 following fiscal year.’’. 

8 SEC. 3012. PUBLIC TRANSPORTATION SAFETY PROGRAM. 

9 Section 5329 of title 49, United States Code, is 

10 amended— 

11 (1) in subsection (b)(2)— 

12 (A) in subparagraph (C) by striking ‘‘and’’ 

13 at the end; 

14 (B) by redesignating subparagraph (D) as 

15 subparagraph (E); and 

16 (C) by inserting after subparagraph (C) 

17 the following: 

18 ‘‘(D) minimum safety standards to ensure 

19 the safe operation of public transportation sys20 tems that— 

21 ‘‘(i) are not related to performance 

22 standards for public transportation vehicles 

23 developed under subparagraph (C); and 

24 ‘‘(ii) to the extent practicable, take 

25 into consideration— 


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1 ‘‘(I) relevant recommendations of 

2 the National Transportation Safety 

3 Board; 

4 ‘‘(II) best practices standards de5 veloped by the public transportation 

6 industry; 

7 ‘‘(III) any minimum safety 

8 standards or performance criteria 

9 being implemented across the public 

10 transportation industry; 

11 ‘‘(IV) relevant recommendations 

12 from the report under section 3018 of 

13 the Surface Transportation Reauthor14 ization and Reform Act of 2015; and 

15 ‘‘(V) any additional information 

16 that the Secretary determines nec17 essary and appropriate;’’; 

18 (2) in subsection (f)(2) by inserting after ‘‘pub19 lic transportation system of a recipient’’ the fol20 lowing: ‘‘or the public transportation industry gen21 erally’’; 

22 (3) in subsection (g)(1)— 

23 (A) in the matter preceding subparagraph 

24 (A) by striking ‘‘an eligible State, as defined in 

25 subsection (e),’’ and inserting ‘‘a recipient’’; 


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1 (B) in subparagraph (C) by striking ‘‘and’’ 

2 at the end; 

3 (C) in subparagraph (D) by striking the 

4 period at the end and inserting ‘‘; or’’; and 

5 (D) by adding at the end the following: 

6 ‘‘(E) withholding not more than 25 percent 

7 of financial assistance under section 5307.’’; 

8 and 

9 (4) in subsection (g)(2)— 

10 (A) in subparagraph (A)— 

11 (i) by inserting after ‘‘funds’’ the fol12 lowing: ‘‘or withhold funds’’; and 

13 (ii) by inserting ‘‘or (1)(E)’’ after 

14 ‘‘paragraph (1)(D)’’; 

15 (B) by redesignating subparagraph (B) as 

16 subparagraph (C); and 

17 (C) by inserting after subparagraph (A) 

18 the following: 

19 ‘‘(B) LIMITATION.—The Secretary may 

20 only withhold funds in accordance with para21 graph (1)(E), if enforcement actions under sub22 paragraph (A), (B), (C), or (D) did not bring 

23 the recipient into compliance.’’. 


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1 SEC. 3013. APPORTIONMENTS. 

2 Section 5336 of title 49, United States Code, is 

3 amended— 

4 (1) in subsection (a) in the matter preceding 

5 paragraph (1) by striking ‘‘subsection (h)(4)’’ and 

6 inserting ‘‘subsection (h)(5)’’; 

7 (2) in subsection (b)(2)(E) by striking ‘‘22.27 

8 percent’’ and inserting ‘‘27 percent’’; and 

9 (3) by striking subsection (g) and redesignating 

10 subsections (h), (i), and (j) as subsections (g), (h), 

11 and (i), respectively. 

12 SEC. 3014. STATE OF GOOD REPAIR GRANTS. 

13 Section 5337 of title 49, United States Code, is 

14 amended— 

15 (1) in subsection (d)— 

16 (A) in paragraph (1) by striking ‘‘on a fa17 cility with access for other high-occupancy vehi18 cles’’ and inserting ‘‘on high-occupancy vehicle 

19 lanes during peak hours’’; 

20 (B) in paragraph (2) by inserting ‘‘vehicle’’ 

21 after ‘‘motorbus’’; and 

22 (C) by adding at the end the following: 

23 ‘‘(5) USE OF FUNDS.—A recipient in an urban24 ized area may use any portion of the amount appor25 tioned to the recipient under this subsection for high 

26 intensity fixed guideway state of good repair projects 


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1 under subsection (c) if the recipient demonstrates to 

2 the satisfaction of the Secretary that the high inten3 sity motorbus public transportation vehicles in the 

4 urbanized area are in a state of good repair.’’; and 

5 (2) by adding at the end the following: 

6 ‘‘(e) GOVERNMENT SHARE OF COSTS.— 

7 ‘‘(1) CAPITAL PROJECTS.—A grant for a capital 

8 project under this section shall be for 80 percent of 

9 the net project cost of the project. The recipient may 

10 provide additional local matching amounts. 

11 ‘‘(2) REMAINING COSTS.—The remainder of the 

12 net project cost shall be provided— 

13 ‘‘(A) in cash from non-Government sources 

14 other than revenues from providing public 

15 transportation services; 

16 ‘‘(B) from revenues derived from the sale 

17 of advertising and concessions; 

18 ‘‘(C) from an undistributed cash surplus, a 

19 replacement or depreciation cash fund or re20 serve, or new capital; or 

21 ‘‘(D) from amounts appropriated or other22 wise made available to a department or agency 

23 of the Government (other than the Department 

24 of Transportation) that are eligible to be ex25 pended for transportation.’’. 


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1 SEC. 3015. AUTHORIZATIONS. 

2 Section 5338 of title 49, United States Code, is 

3 amended to read as follows: 

4 ‘‘§ 5338. Authorizations 

5 ‘‘(a) FORMULA GRANTS.— 

6 ‘‘(1) IN GENERAL.—There shall be available 

7 from the Mass Transit Account of the Highway 

8 Trust Fund to carry out sections 5305, 5307, 5310, 

9 5311, 5314(c), 5318, 5335, 5337, 5339, and 5340, 

10 and section 20005(b) of the Federal Public Trans11 portation Act of 2012— 

12 ‘‘(A) $8,723,925,000 for fiscal year 2016; 

13 ‘‘(B) $8,879,211,000 for fiscal year 2017; 

14 ‘‘(C) $9,059,459,000 for fiscal year 2018; 

15 ‘‘(D) $9,240,648,000 for fiscal year 2019; 

16 ‘‘(E) $9,429,000,000 for fiscal year 2020; 

17 and 

18 ‘‘(F) $9,617,580,000 for fiscal year 2021. 

19 ‘‘(2) ALLOCATION OF FUNDS.— 

20 ‘‘(A) SECTION 5305.—Of the amounts 

21 made available under paragraph (1), there shall 

22 be available to carry out section 5305— 

23 ‘‘(i) $128,800,000 for fiscal year 

24 2016; 

25 ‘‘(ii) $128,800,000 for fiscal year 

26 2017; 


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1 ‘‘(iii) $131,415,000 for fiscal year 

2 2018; 

3 ‘‘(iv) $134,043,000 for fiscal year 

4 2019; 

5 ‘‘(v) $136,775,000 for fiscal year 

6 2020; and 

7 ‘‘(vi) $139,511,000 for fiscal year 

8 2021. 

9 ‘‘(B) PILOT PROGRAM.—$10,000,000 for 

10 each of fiscal years 2016 through 2021, shall be 

11 available to carry out section 20005(b) of the 

12 Federal Public Transportation Act of 2012; 

13 ‘‘(C) SECTION 5307.—Of the amounts 

14 made available under paragraph (1), there shall 

15 be allocated in accordance with section 5336 to 

16 provide financial assistance for urbanized areas 

17 under section 5307— 

18 ‘‘(i) $4,458,650,000 for fiscal year 

19 2016; 

20 ‘‘(ii) $4,458,650,000 for fiscal year 

21 2017; 

22 ‘‘(iii) $4,549,161,000 for fiscal year 

23 2018; 

24 ‘‘(iv) $4,640,144,000 for fiscal year 

25 2019; 


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1 ‘‘(v) $4,734,724,000 for fiscal year 

2 2020; and 

3 ‘‘(vi) $4,829,418,000 for fiscal year 

4 2021. 

5 ‘‘(D) SECTION 5310.—Of the amounts 

6 made available under paragraph (1), there shall 

7 be available to provide financial assistance for 

8 services for the enhanced mobility of seniors 

9 and individuals with disabilities under section 

10 5310— 

11 ‘‘(i) $262,175,000 for fiscal year 

12 2016; 

13 ‘‘(ii) $266,841,000 for fiscal year 

14 2017; 

15 ‘‘(iii) $272,258,000 for fiscal year 

16 2018; 

17 ‘‘(iv) $277,703,000 for fiscal year 

18 2019; 

19 ‘‘(v) $283,364,000 for fiscal year 

20 2020; and 

21 ‘‘(vi) $289,031,000 for fiscal year 

22 2021. 

23 ‘‘(E) SECTION 5311.— 

24 ‘‘(i) IN GENERAL.—Of the amounts 

25 made available under paragraph (1), there 


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1 shall be available to provide financial as2 sistance for rural areas under section 

3 5311— 

4 ‘‘(I) $607,800,000 for fiscal year 

5 2016; 

6 ‘‘(II) $607,800,000 for fiscal 

7 year 2017; 

8 ‘‘(III) $620,138,000 for fiscal 

9 year 2018; 

10 ‘‘(IV) $632,541,000 for fiscal 

11 year 2019; 

12 ‘‘(V) $645,434,000 for fiscal year 

13 2020; and 

14 ‘‘(VI) $658,343,000 for fiscal 

15 year 2021. 

16 ‘‘(ii) SUBALLOCATION.—Of the 

17 amounts made available under clause (i)— 

18 ‘‘(I) there shall be available to 

19 carry out section 5311(c)(1) not less 

20 than $30,000,000 for each of fiscal 

21 years 2016 through 2021; and 

22 ‘‘(II) there shall be available to 

23 carry out section 5311(c)(2) not less 

24 than $20,000,000 for each of fiscal 

25 years 2016 through 2021. 


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1 ‘‘(F) SECTION 5314(C).—Of the amounts 

2 made available under paragraph (1), there shall 

3 be available for the national transit institute 

4 under section 5314(c) $5,000,000 for each of 

5 fiscal years 2016 through 2021. 

6 ‘‘(G) SECTION 5318.—Of the amounts 

7 made available under paragraph (1), there shall 

8 be available for bus testing under section 5318 

9 $3,000,000 for each of fiscal years 2016 

10 through 2021. 

11 ‘‘(H) SECTION 5335.—Of the amounts 

12 made available under paragraph (1), there shall 

13 be available to carry out section 5335 

14 $3,850,000 for each of fiscal years 2016 

15 through 2021. 

16 ‘‘(I) SECTION 5337.—Of the amounts made 

17 available under paragraph (1), there shall be 

18 available to carry out section 5337— 

19 ‘‘(i) $2,198,389,000 for fiscal year 

20 2016; 

21 ‘‘(ii) $2,237,520,000 for fiscal year 

22 2017; 

23 ‘‘(iii) $2,282,941,000 for fiscal year 

24 2018; 


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1 ‘‘(iv) $2,328,600,000 for fiscal year 

2 2019; 

3 ‘‘(v) $2,376,064,000 for fiscal year 

4 2020; and 

5 ‘‘(vi) $2,423,585,000 for fiscal year 

6 2021. 

7 ‘‘(J) SECTION 5339(c).—Of the amounts 

8 made available under paragraph (1), there shall 

9 be available for bus and bus facilities programs 

10 under section 5339(c)— 

11 ‘‘(i) $430,000,000 for fiscal year 

12 2016; 

13 ‘‘(ii) $431,850,000 for fiscal year 

14 2017; 

15 ‘‘(iii) $445,120,000 for fiscal year 

16 2018; 

17 ‘‘(iv) $458,459,000 for fiscal year 

18 2019; 

19 ‘‘(v) $472,326,000 for fiscal year 

20 2020; and 

21 ‘‘(vi) $486,210,000 for fiscal year 

22 2021. 

23 ‘‘(K) SECTION 5339(d).—Of the amounts 

24 made available under paragraph (1), there shall 


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1 be available for bus and bus facilities competi2 tive grants under 5339(d)— 

3 ‘‘(i) $90,000,000 for fiscal year 2016; 

4 and 

5 ‘‘(ii) $200,000,000 for each of fiscal 

6 years 2017 through 2021. 

7 ‘‘(L) SECTION 5340.—Of the amounts 

8 made available under paragraph (1), there shall 

9 be allocated in accordance with section 5340 to 

10 provide financial assistance for urbanized areas 

11 under section 5307 and rural areas under sec12 tion 5311— 

13 ‘‘(i) $525,900,000 for fiscal year 

14 2016; 

15 ‘‘(ii) $525,900,000 for fiscal year 

16 2017; 

17 ‘‘(iii) $536,576,000 for fiscal year 

18 2018; 

19 ‘‘(iv) $547,307,000 for fiscal year 

20 2019; 

21 ‘‘(v) $558,463,000 for fiscal year 

22 2020; and 

23 ‘‘(vi) $569,632,000 for fiscal year 

24 2021. 


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1 ‘‘(b) RESEARCH, DEVELOPMENT DEMONSTRATION

2 AND DEPLOYMENT PROJECTS.—There are authorized to 

3 be appropriated to carry out section 5312— 

4 ‘‘(1) $33,495,000 for fiscal year 2016; 

5 ‘‘(2) $34,091,000 for fiscal year 2017; 

6 ‘‘(3) $34,783,000 for fiscal year 2018; 

7 ‘‘(4) $35,479,000 for fiscal year 2019; 

8 ‘‘(5) $36,202,000 for fiscal year 2020; and 

9 ‘‘(6) $36,926,000 for fiscal year 2021. 

10 ‘‘(c) TECHNICAL ASSISTANCE, STANDARDS, AND

11 WORKFORCE DEVELOPMENT.—There are authorized to be 

12 appropriated to carry out section 5314— 

13 ‘‘(1) $6,156,000 for fiscal year 2016; 

14 ‘‘(2) $8,152,000 for fiscal year 2017; 

15 ‘‘(3) $10,468,000 for fiscal year 2018; 

16 ‘‘(4) $12,796,000 for fiscal year 2019; 

17 ‘‘(5) $15,216,000 for fiscal year 2020; and 

18 ‘‘(6) $17,639,000 for fiscal year 2021. 

19 ‘‘(d) CAPITAL INVESTMENT GRANTS.—There are au20 thorized to be appropriated to carry out section 5309— 

21 ‘‘(1) $2,029,000,000 for fiscal year 2016; 

22 ‘‘(2) $2,065,000,000 for fiscal year 2017; 

23 ‘‘(3) $2,106,000,000 for fiscal year 2018; 

24 ‘‘(4) $2,149,000,000 for fiscal year 2019; 

25 ‘‘(5) $2,193,000,000 for fiscal year 2020; and 


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1 ‘‘(6) $2,237,000,000 for fiscal year 2021. 

2 ‘‘(e) ADMINISTRATION.— 

3 ‘‘(1) IN GENERAL.—There are authorized to be 

4 appropriated to carry out section 5334, 

5 $105,933,000 for fiscal years 2016 through 2021. 

6 ‘‘(2) SECTION 5329.—Of the amounts author7 ized to be appropriated under paragraph (1), not 

8 less than $4,500,000 for each of fiscal years 2016 

9 through 2021 shall be available to carry out section 

10 5329. 

11 ‘‘(3) SECTION 5326.—Of the amounts made 

12 available under paragraph (2), not less than 

13 $1,000,000 for each of fiscal years 2016 through 

14 2021 shall be available to carry out section 5326. 

15 ‘‘(f) PERIOD OF AVAILABILITY.—Amounts made 

16 available by or appropriated under this section shall re17 main available for obligation for a period of 3 years after 

18 the last day of the fiscal year for which the funds are au19 thorized. 

20 ‘‘(g) GRANTS AS CONTRACTUAL OBLIGATIONS.— 

21 ‘‘(1) GRANTS FINANCED FROM HIGHWAY TRUST

22 FUND.—A grant or contract that is approved by the 

23 Secretary and financed with amounts made available 

24 from the Mass Transit Account of the Highway 

25 Trust Fund pursuant to this section is a contractual 


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1 obligation of the Government to pay the Government 

2 share of the cost of the project. 

3 ‘‘(2) GRANTS FINANCED FROM GENERAL

4 FUND.—A grant or contract that is approved by the 

5 Secretary and financed with amounts appropriated 

6 in advance from the general fund of the Treasury 

7 pursuant to this section is a contractual obligation 

8 of the Government to pay the Government share of 

9 the cost of the project only to the extent that 

10 amounts are appropriated for such purpose by an 

11 Act of Congress. 

12 ‘‘(h) OVERSIGHT.— 

13 ‘‘(1) IN GENERAL.—Of the amounts made 

14 available to carry out this chapter for a fiscal year, 

15 the Secretary may use not more than the following 

16 amounts for the activities described in paragraph 

17 (2): 

18 ‘‘(A) 0.5 percent of amounts made avail19 able to carry out section 5305. 

20 ‘‘(B) 0.75 percent of amounts made avail21 able to carry out section 5307. 

22 ‘‘(C) 1 percent of amounts made available 

23 to carry out section 5309. 

24 ‘‘(D) 1 percent of amounts made available 

25 to carry out section 601 of the Passenger Rail 


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1 Investment and Improvement Act of 2008 

2 (Public Law 110–432; 126 1 Stat. 4968). 

3 ‘‘(E) 0.5 percent of amounts made avail4 able to carry out section 5310. 

5 ‘‘(F) 0.5 percent of amounts made avail6 able to carry out section 5311. 

7 ‘‘(G) 0.75 percent of amounts made avail8 able to carry out section 5337(c), of which not 

9 less than 0.25 percent shall be available to 

10 carry out section 5329. 

11 ‘‘(H) 0.75 percent of amounts made avail12 able to carry out section 5339. 

13 ‘‘(2) ACTIVITIES.—The activities described in 

14 this paragraph are as follows: 

15 ‘‘(A) Activities to oversee the construction 

16 of a major capital project. 

17 ‘‘(B) Activities to review and audit the 

18 safety and security, procurement, management, 

19 and financial compliance of a recipient or sub20 recipient of funds under this chapter. 

21 ‘‘(C) Activities to provide technical assist22 ance generally, and to provide technical assist23 ance to correct deficiencies identified in compli24 ance reviews and audits carried out under this 

25 section. 


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1 ‘‘(3) GOVERNMENT SHARE OF COSTS.—The 

2 Government shall pay the entire cost of carrying out 

3 a contract under this subsection. 

4 ‘‘(4) AVAILABILITY OF CERTAIN FUNDS.— 

5 Funds made available under paragraph (1)(C) shall 

6 be available to the Secretary before allocating the 

7 funds appropriated to carry out any project under a 

8 full funding grant agreement.’’. 

9 SEC. 3016. BUS AND BUS FACILITY GRANTS. 

10 (a) IN GENERAL.—Section 5339 of title 49, United 

11 States Code, is amended to read as follows: 

12 ‘‘§ 5339. Bus and bus facility grants 

13 ‘‘(a) GENERAL AUTHORITY.—The Secretary may 

14 make grants under this section to assist eligible recipients 

15 described in subsection (b)(1) in financing capital 

16 projects— 

17 ‘‘(1) to replace, rehabilitate, and purchase buses 

18 and related equipment; and 

19 ‘‘(2) to construct bus-related facilities. 

20 ‘‘(b) ELIGIBLE RECIPIENTS AND SUBRECIPIENTS.— 

21 ‘‘(1) RECIPIENTS.—Eligible recipients under 

22 this section are designated recipients that operate 

23 fixed route bus service or that allocate funding to 

24 fixed route bus operators. 


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1 ‘‘(2) SUBRECIPIENTS.—A designated recipient 

2 that receives a grant under this section may allocate 

3 amounts of the grant to subrecipients that are public 

4 agencies or private nonprofit organizations engaged 

5 in public transportation. 

6 ‘‘(c) FORMULA GRANT DISTRIBUTION OF FUNDS.— 

7 ‘‘(1) IN GENERAL.—Funds made available for 

8 making grants under this subsection shall be distrib9 uted as follows: 

10 ‘‘(A) NATIONAL DISTRIBUTION.— 

11 $65,500,000 for each of fiscal years 2016 

12 through 2021 shall be allocated to all States 

13 and territories, with each State receiving 

14 $1,250,000, and each territory receiving 

15 $500,000, for each such fiscal year. 

16 ‘‘(B) DISTRIBUTION USING POPULATION

17 AND SERVICE FACTORS.—The remainder of the 

18 funds not otherwise distributed under para19 graph (1) shall be allocated pursuant to the for20 mula set forth in section 5336 (other than sub21 section (b) of that section). 

22 ‘‘(2) TRANSFERS OF APPORTIONMENTS.— 

23 ‘‘(A) TRANSFER FLEXIBILITY FOR NA24 TIONAL DISTRIBUTION FUNDS.—The Governor 

25 of a State may transfer any part of the State’s 


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1 apportionment under subparagraph (A) to sup2 plement— 

3 ‘‘(i) amounts apportioned to the State 

4 under section 5311(c); or 

5 ‘‘(ii) amounts apportioned to urban6 ized areas under subsections (a) and (c) of 

7 section 5336. 

8 ‘‘(B) TRANSFER FLEXIBILITY FOR POPU9 LATION AND SERVICE FACTORS FUNDS.—The 

10 Governor of a State may expend in an urban11 ized area with a population of less than 

12 200,000 any amounts apportioned under para13 graph (1)(B) that are not allocated to des14 ignated recipients in urbanized areas with a 

15 population of 200,000 or more. 

16 ‘‘(3) PERIOD OF AVAILABILITY TO RECIPI17 ENTS.— 

18 ‘‘(A) IN GENERAL.—Amounts made avail19 able under this subsection may be obligated by 

20 a recipient for 3 years after the fiscal year in 

21 which the amount is apportioned. 

22 ‘‘(B) REAPPORTIONMENT OF UNOBLI23 GATED AMOUNTS.—Not later than 30 days 

24 after the end of the 3-year period described in 

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1 gated on the last day of that period shall be 

2 added to the amount that may be apportioned 

3 under this subsection in the next fiscal year. 

4 ‘‘(4) PILOT PROGRAM FOR COST-EFFECTIVE

5 CAPITAL INVESTMENT.— 

6 ‘‘(A) IN GENERAL.—For each of fiscal 

7 years 2016 through 2021, the Secretary shall 

8 carry out a pilot program under which an eligi9 ble designated recipient (as described in sub10 section (c)(1)) in an urbanized area with popu11 lation of not less than 200,000 and not more 

12 than 999,999 may elect to participate in a 

13 State pool in accordance with this paragraph. 

14 ‘‘(B) PURPOSE OF STATE POOLS.—The 

15 purpose of a State pool shall be to allow for 

16 transfers of formula grant funds made available 

17 under this subsection among the designated re18 cipients participating in the State pool in a 

19 manner that supports the transit asset manage20 ment plans of the designated recipients under 

21 section 5326. 

22 ‘‘(C) REQUESTS FOR PARTICIPATION.—A 

23 State, and designated recipients in the State 

24 described in subparagraph (A), may submit to 

25 the Secretary a request for participation in the 


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1 program under procedures to be established by 

2 the Secretary. A designated recipient for a 

3 multistate area may participate in only 1 State 

4 pool. 

5 ‘‘(D) ALLOCATIONS TO PARTICIPATING

6 STATES.—For each fiscal year, the Secretary 

7 shall allocate to each State participating in the 

8 program the total amount of funds that other9 wise would be allocated to the urbanized areas 

10 of the designated recipients participating in the 

11 State’s pool for that fiscal year pursuant to the 

12 formula referred to in paragraph (1). 

13 ‘‘(E) ALLOCATIONS TO DESIGNATED RE14 CIPIENTS IN STATE POOLS.—A State shall dis15 tribute the amount that is allocated to the State 

16 for a fiscal year under subparagraph (D) 

17 among the designated recipients participating in 

18 the State’s pool in a manner that supports the 

19 transit asset management plans of the recipi20 ents under section 5326. 

21 ‘‘(F) ALLOCATION PLANS.—A State par22 ticipating in the program shall develop an allo23 cation plan for the period of fiscal years 2016 

24 through 2021 to ensure that a designated re25 cipient participating in the State’s pool receives 


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1 under the program an amount of funds that 

2 equals the amount of funds that would have 

3 otherwise been available to the designated re4 cipient for that period pursuant to the formula 

5 referred to in paragraph (1). 

6 ‘‘(G) GRANTS.—The Secretary shall make 

7 grants under this subsection for a fiscal year to 

8 a designated recipient participating in a State 

9 pool following notification by the State of the 

10 allocation amount determined under subpara11 graph (E). 

12 ‘‘(d) COMPETITIVE GRANTS FOR BUS STATE OF

13 GOOD REPAIR.— 

14 ‘‘(1) IN GENERAL.—The Secretary may make 

15 grants under this subsection to eligible recipients de16 scribed in subsection (b)(1) to assist in financing 

17 capital projects described in subsection (a). 

18 ‘‘(2) GRANT CONSIDERATIONS.—In making 

19 grants under this subsection, the Secretary shall 

20 consider the age and condition of buses, bus fleets, 

21 related equipment, and bus-related facilities of an el22 igible recipient. 

23 ‘‘(3) STATEWIDE APPLICATIONS.—A State may 

24 submit a statewide application on behalf of a public 

25 agency or private nonprofit organization engaged in 


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1 public transportation in rural areas or other areas 

2 for which the State allocates funds. The submission 

3 of a statewide application shall not preclude the sub4 mission and consideration of any application under 

5 this subsection from other eligible recipients in an 

6 urbanized area in a State. 

7 ‘‘(4) REQUIREMENTS FOR SECRETARY.—The 

8 Secretary shall— 

9 ‘‘(A) disclose all metrics and evaluation 

10 procedures to be used in considering grant ap11 plications under this subsection upon issuance 

12 of the notice of funding availability in the Fed13 eral Register; and 

14 ‘‘(B) publish a summary of final scores for 

15 selected projects, metrics, and other evaluations 

16 used in awarding grants under this subsection 

17 in the Federal Register. 

18 ‘‘(5) AVAILABILITY OF FUNDS.—Any amounts 

19 made available to carry out this subsection— 

20 ‘‘(A) shall remain available for 2 fiscal 

21 years after the fiscal year for which the amount 

22 is made available; and 

23 ‘‘(B) following the period of availability 

24 shall be made available to be apportioned under 

25 subsection (c) for the following fiscal year. 


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1 ‘‘(6) LIMITATION.—Of the amounts made avail2 able under this subsection, not more than 15 percent 

3 in fiscal year 2016 and not more than 5 percent in 

4 each of fiscal years 2017 through 2021 may be 

5 awarded to a single recipient. 

6 ‘‘(7) GRANT FLEXIBILITY.—If the Secretary de7 termines that there are not sufficient grant applica8 tions that meet the metrics described in paragraph 

9 (4)(A) to utilize the full amount of funds made 

10 available to carry out this subsection for a fiscal 

11 year, the Secretary may use the remainder of the 

12 funds for making apportionments under sections 

13 5307 and 5311. 

14 ‘‘(e) GENERALLY APPLICABLE PROVISIONS.— 

15 ‘‘(1) GRANT REQUIREMENTS.—A grant under 

16 this section shall be subject to the requirements of— 

17 ‘‘(A) section 5307 for recipients of grants 

18 made in urbanized areas; and 

19 ‘‘(B) section 5311 for recipients of grants 

20 made in rural areas. 

21 ‘‘(2) GOVERNMENT’S SHARE OF COSTS.— 

22 ‘‘(A) CAPITAL PROJECTS.—A grant for a 

23 capital project under this section shall be for 80 

24 percent of the net capital costs of the project. 


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1 A recipient of a grant under this section may 

2 provide additional local matching amounts. 

3 ‘‘(B) REMAINING COSTS.—The remainder 

4 of the net project cost shall be provided— 

5 ‘‘(i) in cash from non-Government 

6 sources other than revenues from providing 

7 public transportation services; 

8 ‘‘(ii) from revenues derived from the 

9 sale of advertising and concessions; 

10 ‘‘(iii) from an undistributed cash sur11 plus, a replacement or depreciation cash 

12 fund or reserve, or new capital; or 

13 ‘‘(iv) from amounts received under a 

14 service agreement with a State or local so15 cial service agency or private social service 

16 organization. 

17 ‘‘(f) DEFINITIONS.—In this section, the following 

18 definitions apply: 

19 ‘‘(1) STATE.—The term ‘State’ means a State 

20 of the United States. 

21 ‘‘(2) TERRITORY.—The term ‘territory’ means 

22 the District of Columbia, Puerto Rico, the Northern 

23 Mariana Islands, Guam, American Samoa, and the 

24 United States Virgin Islands.’’. 


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1 (b) CLERICAL AMENDMENT.—The analysis for chap2 ter 53 of title 49, United States Code, is amended by 

3 striking the item relating to section 5339 and inserting 

4 the following: 

‘‘5339. Bus and bus facility grants.’’. 

5 SEC. 3017. OBLIGATION CEILING. 

6 Notwithstanding any other provision of law, the total 

7 of all obligations from amounts made available from the 

8 Mass Transit Account of the Highway Trust Fund by sub9 section (a) of section 5338 of title 49, United States Code, 

10 shall not exceed— 

11 (1) $8,724,000,000 in fiscal year 2016; 

12 (2) $8,879,000,000 in fiscal year 2017; 

13 (3) $9,059,000,000 in fiscal year 2018; 

14 (4) $9,240,000,000 in fiscal year 2019; 

15 (5) $9,429,000,000 in fiscal year 2020; and 

16 (6) $9,618,000,000 in fiscal year 2021. 

17 SEC. 3018. INNOVATIVE PROCUREMENT. 

18 (a) DEFINITIONS.—In this section, the following defi19 nitions apply: 

20 (1) COOPERATIVE PROCUREMENT CONTRACT.— 

21 The term ‘‘cooperative procurement contract’’ means 

22 a contract— 

23 (A) entered into between a State govern24 ment and 1 or more vendors; and 


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1 (B) under which the vendors agree to pro2 vide an option to purchase rolling stock and re3 lated equipment to multiple participants. 

4 (2) LEAD PROCUREMENT AGENCY.—The term 

5 ‘‘lead procurement agency’’ means a State govern6 ment that acts in an administrative capacity on be7 half of each participant in a cooperative procure8 ment contract. 

9 (3) PARTICIPANT.—The term ‘‘participant’’ 

10 means a grantee that participates in a cooperative 

11 procurement contract. 

12 (4) PARTICIPATE.—The term ‘‘participate’’ 

13 means to purchase rolling stock and related equip14 ment under a cooperative procurement contract 

15 using assistance provided under chapter 53 of title 

16 49, United States Code. 

17 (5) GRANTEE.—The term ‘‘grantee’’ means a 

18 recipient and subrecipient of assistance under chap19 ter 53 of title 49, United States Code. 

20 (b) COOPERATIVE PROCUREMENT.— 

21 (1) GENERAL RULES.— 

22 (A) PROCUREMENT NOT LIMITED TO

23 INTRASTATE PARTICIPANTS.—A grantee may 

24 participate in a cooperative procurement con25 tract without regard to whether the grantee is 


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1 located in the same State as the parties to the 

2 contract. 

3 (B) VOLUNTARY PARTICIPATION.—Partici4 pation by grantees in a cooperative procurement 

5 contract shall be voluntary. 

6 (2) AUTHORITY.—A State government may 

7 enter into a cooperative procurement contract with 1 

8 or more vendors if the vendors agree to provide an 

9 option to purchase rolling stock and related equip10 ment to the lead procurement agency and any other 

11 participant. 

12 (3) APPLICABILITY OF POLICIES AND PROCE13 DURES.—In procuring rolling stock and related 

14 equipment under a cooperative procurement contract 

15 under this subsection, a lead procurement agency 

16 shall comply with the policies and procedures that 

17 apply to procurement by the State government when 

18 using non-Federal funds, to the extent that the poli19 cies and procedures are in conformance with applica20 ble Federal law. 

21 (c) JOINT PROCUREMENT CLEARINGHOUSE.— 

22 (1) IN GENERAL.—The Secretary shall establish 

23 a clearinghouse for the purpose of allowing grantees 

24 to aggregate planned rolling stock purchases and 

25 identify joint procurement participants. 


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1 (2) INFORMATION ON PROCUREMENTS.—The 

2 clearinghouse may include information on bus size, 

3 engine type, floor type, and any other attributes nec4 essary to identify joint procurement participants. 

5 (3) LIMITATIONS.— 

6 (A) ACCESS.—The clearinghouse shall only 

7 be accessible to the Federal Transit Adminis8 tration and grantees. 

9 (B) PARTICIPATION.—No grantees shall be 

10 required to submit procurement information to 

11 the database. 

12 SEC. 3019. REVIEW OF PUBLIC TRANSPORTATION SAFETY 

13 STANDARDS. 

14 (1) REVIEW REQUIRED.— 

15 (A) IN GENERAL.—Not later than 90 days 

16 after the date of enactment of this Act, the Sec17 retary shall begin a review of the safety stand18 ards and protocols used in public transportation 

19 systems in the United States that examines the 

20 efficacy of existing standards and protocols. 

21 (B) CONTENTS OF REVIEW.—In con22 ducting the review under this paragraph, the 

23 Secretary shall review— 


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1 (i) minimum safety performance 

2 standards developed by the public trans3 portation industry; 

4 (ii) safety performance standards, 

5 practices, or protocols in use by rail fixed 

6 guideway public transportation systems, in7 cluding— 

8 (I) written emergency plans and 

9 procedures for passenger evacuations; 

10 (II) training programs to ensure 

11 public transportation personnel com12 pliance and readiness in emergency 

13 situations; 

14 (III) coordination plans approved 

15 by recipients with local emergency re16 sponders having jurisdiction over a 

17 rail fixed guideway public transpor18 tation system, including— 

19 (aa) emergency prepared20 ness training, drills, and famil21 iarization programs for the first 

22 responders; and 

23 (bb) the scheduling of reg24 ular field exercises to ensure ap25 propriate response and effective 


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1 radio and public safety commu2 nications; 

3 (IV) maintenance, testing, and 

4 inspection programs to ensure the 

5 proper functioning of— 

6 (aa) tunnel, station, and ve7 hicle ventilation systems; 

8 (bb) signal and train control 

9 systems, track, mechanical sys10 tems, and other infrastructure; 

11 and 

12 (cc) other systems as nec13 essary; 

14 (V) certification requirements for 

15 train and bus operators and control 

16 center employees; 

17 (VI) consensus-based standards, 

18 practices, or protocols available to the 

19 public transportation industry; and 

20 (VII) any other standards, prac21 tices, or protocols the Secretary deter22 mines appropriate; and 

23 (iii) rail and bus safety standards, 

24 practices, or protocols in use by public 

25 transportation systems, regarding— 


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1 (I) rail and bus design and the 

2 workstation of rail and bus operators, 

3 as it relates to— 

4 (aa) the reduction of blind5 spots that contribute to accidents 

6 involving pedestrians; and 

7 (bb) protecting rail and bus 

8 operators from the risk of as9 sault; 

10 (II) scheduling fixed route rail 

11 and bus service with adequate time 

12 and access for operators to use rest13 room facilities; 

14 (III) fatigue management; and 

15 (IV) crash avoidance and worthi16 ness. 

17 (2) EVALUATION.—After conducting the review 

18 under paragraph (1), the Secretary shall, in con19 sultation with representatives of the public transpor20 tation industry, evaluate the need to establish addi21 tional Federal minimum public transportation safety 

22 standards. 

23 (3) REPORT.—After completing the review and 

24 evaluation required under paragraphs (1) and (2), 

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1 ment of this Act, the Secretary shall make available 

2 on a publicly accessible Web site, a report that in3 cludes— 

4 (A) findings based on the review conducted 

5 under paragraph (1); 

6 (B) the outcome of the evaluation con7 ducted under paragraph (2); 

8 (C) a comprehensive set of recommenda9 tions to improve the safety of the public trans10 portation industry, including recommendations 

11 for statutory changes if applicable; and 

12 (D) actions that the Secretary will take to 

13 address the recommendations provided under 

14 subparagraph (C), including, if necessary, the 

15 authorities under section 5329(b)(2)(D) of 

16 chapter 53 of title 49, United States Code. 

17 SEC. 3020. STUDY ON EVIDENTIARY PROTECTION FOR PUB18 LIC TRANSPORTATION SAFETY PROGRAM IN19 FORMATION. 

20 (a) STUDY.—The Comptroller General shall complete 

21 a study to evaluate whether it is in the public interest, 

22 including public safety and the legal rights of persons in23 jured in public transportation accidents, to withhold from 

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1 tion or portion thereof, submitted to, developed, produced, 

2 collected, or obtained by the Secretary or the Secretary’s 

3 representative for purposes of complying with the require4 ments under section 5329 of chapter 53 of title 49, United 

5 States Code, including information related to a recipient’s 

6 safety plan, safety risks, and mitigation measures. 

7 (b) INPUT.—In conducting the study under sub8 section (a), the Comptroller General shall solicit input 

9 from the public transportation recipients, public transpor10 tation nonprofit employee labor organizations, and im11 pacted members of the general public. 

12 (c) REPORT.—Not later than 18 months after the 

13 date of enactment of this section, the Comptroller General 

14 shall issue a report, with the findings of the study under 

15 subsection (a), including any recommendations on statu16 tory changes regarding evidentiary protections that will in17 crease transit safety. 

18 SEC. 3021. MOBILITY OF SENIORS AND INDIVIDUALS WITH 

19 DISABILITIES. 

20 (a) DEFINITIONS.—In this section, the following defi21 nitions apply: 

22 (1) ALLOCATED COST MODEL.—The term ‘‘allo23 cated cost model’’ means a method of determining 

24 the cost of trips by allocating the cost to each trip 

25 purpose served by a transportation provider in a 


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1 manner that is proportional to the level of transpor2 tation service that the transportation provider deliv3 ers for each trip purpose, to the extent permitted by 

4 applicable Federal laws. 

5 (2) COUNCIL.—The term ‘‘Council’’ means the 

6 Interagency Transportation Coordinating Council on 

7 Access and Mobility established under Executive 

8 Order 13330 (49 U.S.C. 101 note). 

9 (b) STRATEGIC PLAN.—Not later than 1 year after 

10 the date of enactment of this Act, the Council shall publish 

11 a strategic plan for the Council that— 

12 (1) outlines the role and responsibilities of each 

13 Federal agency with respect to local transportation 

14 coordination, including nonemergency medical trans15 portation; 

16 (2) identifies a strategy to strengthen inter17 agency collaboration; 

18 (3) addresses any outstanding recommendations 

19 made by the Council in the 2005 Report to the 

20 President relating to the implementation of Execu21 tive Order 13330, including— 

22 (A) a cost-sharing policy endorsed by the 

23 Council; and 


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1 (B) recommendations to increase participa2 tion by recipients of Federal grants in locally 

3 developed, coordinated planning processes; 

4 (4) to the extent feasible, addresses rec5 ommendations by the Comptroller General of the 

6 United States concerning local coordination of trans7 portation services; 

8 (5) examines and proposes changes to Federal 

9 regulations that will eliminate Federal barriers to 

10 local transportation coordination, including non11 emergency medical transportation; and 

12 (6) recommends to Congress changes to Federal 

13 laws, except chapter 53 of title 49, United States 

14 Code, that will eliminate Federal barriers to local 

15 transportation coordination, including nonemergency 

16 medical transportation. 

17 (c) DEVELOPMENT OF COST-SHARING POLICY IN

18 COMPLIANCE WITH APPLICABLE FEDERAL LAWS.—In es19 tablishing the cost-sharing policy required under sub20 section (b), the Council may consider, to the extent prac21 ticable— 

22 (1) the development of recommended strategies 

23 for grantees of programs funded by members of the 

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1 tation, to use the cost-sharing policy in a manner 

2 that does not violate applicable Federal laws; and 

3 (2) incorporation of an allocated cost model to 

4 facilitate local coordination efforts that comply with 

5 applicable requirements of programs funded by 

6 members of the Council, such as— 

7 (A) eligibility requirements; 

8 (B) service delivery requirements; and 

9 (C) reimbursement requirements. 

10 SEC. 3022. IMPROVED TRANSIT SAFETY MEASURES. 

11 (a) REQUIREMENTS.—Not later than 90 days after 

12 publication of the report required in section 3019, the Sec13 retary shall issue a notice of proposed rulemaking on pro14 tecting transit operators from the risk of assault. 

15 (b) CONSIDERATION.—In the proposed rulemaking 

16 the Secretary shall consider— 

17 (1) different safety needs of drivers of different 

18 modes; 

19 (2) differences in operating environments; 

20 (3) the use of technology to mitigate driver as21 sault risks; 

22 (4) existing experience, from both agencies and 

23 operators who already are using or testing driver as24 sault mitigation infrastructure; and 


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1 (5) the impact of the rule on future rolling 

2 stock procurements and vehicles currently in revenue 

3 service. 

4 (c) SAVINGS CLAUSE.—Nothing in this section may 

5 be construed as prohibiting the Secretary from issuing dif6 ferent comprehensive worker protections, including stand7 ards for mitigating assaults. 

8 TITLE IV—HIGHWAY SAFETY 

9 SEC. 4001. AUTHORIZATION OF APPROPRIATIONS. 

10 (a) IN GENERAL.—The following sums are author11 ized to be appropriated out of the Highway Trust Fund 

12 (other than the Mass Transit Account): 

13 (1) HIGHWAY SAFETY PROGRAMS.—For car14 rying out section 402 of title 23, United States 

15 Code— 

16 (A) $260,274,200 for fiscal year 2016; 

17 (B) $265,935,829 for fiscal year 2017; 

18 (C) $271,787,002 for fiscal year 2018; 

19 (D) $278,090,300 for fiscal year 2019; 

20 (E) $284,874,829 for fiscal year 2020; and 

21 (F) $291,195,558 for fiscal year 2021. 

22 (2) HIGHWAY SAFETY RESEARCH AND DEVEL23 OPMENT.—For carrying out section 403 of title 23, 

24 United States Code— 

25 (A) $115,951,600 for fiscal year 2016; 


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1 (B) $118,398,179 for fiscal year 2017; 

2 (C) $121,665,968 for fiscal year 2018; 

3 (D) $124,926,616 for fiscal year 2019; 

4 (E) $128,187,201 for fiscal year 2020; and 

5 (F) $131,455,975 for fiscal year 2021. 

6 (3) NATIONAL PRIORITY SAFETY PROGRAMS.— 

7 For carrying out section 405 of title 23, United 

8 States Code— 

9 (A) $275,862,400 for fiscal year 2016; 

10 (B) $281,186,544 for fiscal year 2017; 

11 (C) $286,500,970 for fiscal year 2018; 

12 (D) $292,316,940 for fiscal year 2019; 

13 (E) $298,601,754 for fiscal year 2020; and 

14 (F) $304,394,628 for fiscal year 2021. 

15 (4) NATIONAL DRIVER REGISTER.—For the Na16 tional Highway Traffic Safety Administration to 

17 carry out chapter 303 of title 49, United States 

18 Code— 

19 (A) $5,000,000 for fiscal year 2016; 

20 (B) $5,000,000 for fiscal year 2017; 

21 (C) $5,000,000 for fiscal year 2018; 

22 (D) $5,000,000 for fiscal year 2019; 

23 (E) $5,000,000 for fiscal year 2020; and 

24 (F) $5,000,000 for fiscal year 2021. 


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1 (5) HIGH-VISIBILITY ENFORCEMENT PRO2 GRAM.—For carrying out section 404 of title 23, 

3 United States Code— 

4 (A) $29,411,800 for fiscal year 2016; 

5 (B) $29,979,448 for fiscal year 2017; 

6 (C) $30,546,059 for fiscal year 2018; 

7 (D) $31,166,144 for fiscal year 2019; 

8 (E) $31,836,216 for fiscal year 2020; and 

9 (F) $32,453,839 for fiscal year 2021. 

10 (6) ADMINISTRATIVE EXPENSES.—For adminis11 trative and related operating expenses of the Na12 tional Highway Traffic Safety Administration in car13 rying out chapter 4 of title 23, United States Code, 

14 and this title— 

15 (A) $25,500,000 for fiscal year 2016; 

16 (B) $25,500,000 for fiscal year 2017; 

17 (C) $25,500,000 for fiscal year 2018; 

18 (D) $25,500,000 for fiscal year 2019; 

19 (E) $25,500,000 for fiscal year 2020; and 

20 (F) $25,500,000 for fiscal year 2021. 

21 (b) PROHIBITION ON OTHER USES.—Except as oth22 erwise provided in chapter 4 of title 23, United States 

23 Code, and chapter 303 of title 49, United States Code, 

24 the amounts made available from the Highway Trust 


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1 Fund (other than the Mass Transit Account) for a pro2 gram under such chapters— 

3 (1) shall only be used to carry out such pro4 gram; and 

5 (2) may not be used by States or local govern6 ments for construction purposes. 

7 (c) APPLICABILITY OF TITLE 23.—Except as other8 wise provided in chapter 4 of title 23, United States Code, 

9 and chapter 303 of title 49, United States Code, amounts 

10 made available under subsection (a) for fiscal years 2016 

11 through 2021 shall be available for obligation in the same 

12 manner as if such funds were apportioned under chapter 

13 1 of title 23, United States Code. 

14 (d) STATE MATCHING REQUIREMENTS.—If a grant 

15 awarded under chapter 4 of title 23, United States Code, 

16 requires a State to share in the cost, the aggregate of all 

17 expenditures for highway safety activities made during a 

18 fiscal year by the State and its political subdivisions (ex19 clusive of Federal funds) for carrying out the grant (other 

20 than planning and administration) that are in excess of 

21 the amount required under Federal law shall be available 

22 for the purpose of crediting the State during such fiscal 

23 year for the non-Federal share of the cost of any other 

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1 out regard to whether such expenditures were made in 

2 connection with such project. 

3 (e) GRANT APPLICATION AND DEADLINE.—To re4 ceive a grant under chapter 4 of title 23, United States 

5 Code, a State shall submit an application, and the Sec6 retary shall establish a single deadline for such applica7 tions to enable the award of grants early in the next fiscal 

8 year. 

9 SEC. 4002. HIGHWAY SAFETY PROGRAMS. 

10 Section 402 of title 23, United States Code, is 

11 amended— 

12 (1) in subsection (a)(2)(A)— 

13 (A) in clause (vi) by striking ‘‘and’’ at the 

14 end; 

15 (B) in clause (vii) by inserting ‘‘and’’ after 

16 the semicolon; and 

17 (C) by adding at the end the following: 

18 ‘‘(viii) to increase driver awareness of 

19 commercial motor vehicles to prevent 

20 crashes and reduce injuries and fatali21 ties;’’; 

22 (2) in subsection (c)(4), by adding at the end 

23 the following: 

24 ‘‘(C) SURVEY.—A State shall expend funds 

25 apportioned to that State under this section to 


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1 conduct a biennial survey that the Secretary 

2 shall make publicly available through the Inter3 net Website of the Department of Transpor4 tation that includes— 

5 ‘‘(i) a list of automated traffic en6 forcement systems in the State; 

7 ‘‘(ii) adequate data to measure the 

8 transparency, accountability, and safety at9 tributes of each automated traffic enforce10 ment system; and 

11 ‘‘(iii) a comparison of each automated 

12 traffic enforcement system with— 

13 ‘‘(I) Speed Enforcement Camera 

14 Systems Operational Guidelines (DOT 

15 HS 810 916, March 2008); and 

16 ‘‘(II) Red Light Camera Systems 

17 Operational Guidelines (FHWA–SA– 

18 05–002, January 2005).’’; 

19 (3) by striking subsection (g) and inserting the 

20 following: 

21 ‘‘(g) RESTRICTION.—Nothing in this section may be 

22 construed to authorize the appropriation or expenditure 

23 of funds for highway construction, maintenance, or design 

24 (other than design of safety features of highways to be 

25 incorporated into guidelines).’’; 


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1 (4) in subsection (k)— 

2 (A) by redesignating paragraphs (3) 

3 through (5) as paragraphs (4) through (6), re4 spectively; and 

5 (B) by inserting after paragraph (2) the 

6 following: 

7 ‘‘(3) ELECTRONIC SUBMISSION.—The Sec8 retary, in coordination with the Governors Highway 

9 Safety Association, shall develop procedures to allow 

10 States to submit highway safety plans under this 

11 subsection, including any attachments to the plans, 

12 in electronic form.’’; and 

13 (5) in subsection (m)(2)(A)— 

14 (A) in clause (iv) by striking ‘‘and’’ at the 

15 end; and 

16 (B) by adding at the end the following: 

17 ‘‘(vi) increase driver awareness of 

18 commercial motor vehicles to prevent 

19 crashes and reduce injuries and fatalities; 

20 and’’. 

21 SEC. 4003. HIGHWAY SAFETY RESEARCH AND DEVELOP22 MENT. 

23 Section 403 of title 23, United States Code, is 

24 amended— 

25 (1) in subsection (b)(1)— 


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1 (A) in subparagraph (E) by striking ‘‘and’’ 

2 at the end; 

3 (B) by redesignating subparagraph (F) as 

4 subparagraph (G); 

5 (C) by inserting after subparagraph (E) 

6 the following: 

7 ‘‘(F) the installation of ignition interlocks 

8 in the United States; and’’; and 

9 (D) in subparagraph (G), as so redesig10 nated, by striking ‘‘in subparagraphs (A) 

11 through (E)’’ and inserting ‘‘in subparagraphs 

12 (A) through (F)’’; 

13 (2) in subsection (h) by striking paragraph (2) 

14 and inserting the following: 

15 ‘‘(2) FUNDING.—The Secretary shall obligate 

16 for each of fiscal years 2016 through 2021, from 

17 funds made available to carry out this section, ex18 cept that the total obligated for the period covering 

19 fiscal years 2016 through 2021 may not exceed 

20 $30,000,000, to conduct the research described in 

21 paragraph (1).’’; and 

22 (3) by adding at the end the following: 

23 ‘‘(i) LIMITATION ON DRUG AND ALCOHOL SURVEY

24 DATA.—The Secretary shall establish procedures and 

25 guidelines to ensure that any person participating in a 


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1 program or activity that collects data on drug or alcohol 

2 use by drivers of motor vehicles and is carried out under 

3 this section is informed that the program or activity is 

4 voluntary. 

5 ‘‘(j) FEDERAL SHARE.—The Federal share of the 

6 cost of any project or activity carried out under this sec7 tion may be not more than 100 percent.’’. 

8 SEC. 4004. HIGH-VISIBILITY ENFORCEMENT PROGRAM. 

9 (a) IN GENERAL.—Section 404 of title 23, United 

10 States Code, is amended to read as follows: 

11 ‘‘§ 404. High visibility enforcement program 

12 ‘‘(a) IN GENERAL.—The Administrator of the Na13 tional Highway Traffic Safety Administration shall estab14 lish and administer a program under which not less than 

15 3 campaigns will be carried out in each of fiscal years 

16 2016 through 2021. 

17 ‘‘(b) PURPOSE.—The purpose of each campaign car18 ried out under this section shall be to achieve outcomes 

19 related to not less than 1 of the following objectives: 

20 ‘‘(1) Reduce alcohol-impaired or drug-impaired 

21 operation of motor vehicles. 

22 ‘‘(2) Increase use of seatbelts by occupants of 

23 motor vehicles. 

24 ‘‘(3) Reduce distracted driving of motor vehi25 cles. 


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1 ‘‘(c) ADVERTISING.—The Administrator may use, or 

2 authorize the use of, funds available to carry out this sec3 tion to pay for the development, production, and use of 

4 broadcast and print media advertising and Internet-based 

5 outreach in carrying out campaigns under this section. 

6 Consideration shall be given to advertising directed at 

7 non-English speaking populations, including those who lis8 ten to, read, or watch nontraditional media. 

9 ‘‘(d) COORDINATION WITH STATES.—The Adminis10 trator shall coordinate with States in carrying out the 

11 campaigns under this section, including advertising funded 

12 under subsection (c), with consideration given to— 

13 ‘‘(1) relying on States to provide law enforce14 ment resources for the campaigns out of funding 

15 available under sections 402 and 405; and 

16 ‘‘(2) providing out of National Highway Traffic 

17 Safety Administration resources most of the means 

18 necessary for national advertising and education ef19 forts associated with the campaigns. 

20 ‘‘(e) USE OF FUNDS.—Funds made available to carry 

21 out this section may only be used for activities described 

22 in subsection (c). 

23 ‘‘(f) DEFINITIONS.—In this section, the following 

24 definitions apply: 


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1 ‘‘(1) CAMPAIGN.—The term ‘campaign’ means 

2 a high-visibility traffic safety law enforcement cam3 paign. 

4 ‘‘(2) STATE.—The term ‘State’ has the mean5 ing such term has under section 401.’’. 

6 (b) CLERICAL AMENDMENT.—The analysis for chap7 ter 4 of title 23, United States Code, is amended by strik8 ing the item relating to section 404 and inserting the fol9 lowing: 

‘‘404. High-visibility enforcement program.’’. 

10 SEC. 4005. NATIONAL PRIORITY SAFETY PROGRAMS. 

11 (a) GENERAL AUTHORITY.—Section 405(a) of title 

12 23, United States Code, is amended to read as follows: 

13 ‘‘(a) GENERAL AUTHORITY.—Subject to the require14 ments of this section, the Secretary of Transportation 

15 shall manage programs to address national priorities for 

16 reducing highway deaths and injuries. Funds shall be allo17 cated according to the following: 

18 ‘‘(1) OCCUPANT PROTECTION.—In each fiscal 

19 year, 13 percent of the funds provided under this 

20 section shall be allocated among States that adopt 

21 and implement effective occupant protection pro22 grams to reduce highway deaths and injuries result23 ing from individuals riding unrestrained or improp24 erly restrained in motor vehicles (as described in 

25 subsection (b)). 


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1 ‘‘(2) STATE TRAFFIC SAFETY INFORMATION

2 SYSTEM IMPROVEMENTS.—In each fiscal year, 14.5 

3 percent of the funds provided under this section 

4 shall be allocated among States that meet require5 ments with respect to State traffic safety informa6 tion system improvements (as described in sub7 section (c)). 

8 ‘‘(3) IMPAIRED DRIVING COUNTERMEASURES.— 

9 In each fiscal year, 52.5 percent of the funds pro10 vided under this section shall be allocated among 

11 States that meet requirements with respect to im12 paired driving countermeasures (as described in sub13 section (d)). 

14 ‘‘(4) DISTRACTED DRIVING.—In each fiscal 

15 year, 8.5 percent of the funds provided under this 

16 section shall be allocated among States that adopt 

17 and implement effective laws to reduce distracted 

18 driving (as described in subsection (e)). 

19 ‘‘(5) MOTORCYCLIST SAFETY.—In each fiscal 

20 year, 1.5 percent of the funds provided under this 

21 section shall be allocated among States that imple22 ment motorcyclist safety programs (as described in 

23 subsection (f)). 

24 ‘‘(6) STATE GRADUATED DRIVER LICENSING

25 LAWS.—In each fiscal year, 5 percent of the funds 


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1 provided under this section shall be allocated among 

2 States that adopt and implement graduated driver 

3 licensing laws (as described in subsection (g)). 

4 ‘‘(7) NONMOTORIZED SAFETY.—In each fiscal 

5 year, 5 percent of the funds provided under this sec6 tion shall be allocated among States that meet re7 quirements with respect to nonmotorized safety (as 

8 described in subsection (h)). 

9 ‘‘(8) TRANSFERS.—Notwithstanding para10 graphs (1) through (7), the Secretary may reallo11 cate, before the last day of any fiscal year, any 

12 amounts remaining available to carry out any of the 

13 activities described in subsections (b) through (h) to 

14 increase the amount made available under section 

15 402, in order to ensure, to the maximum extent pos16 sible, that all such amounts are obligated during 

17 such fiscal year. 

18 ‘‘(9) MAINTENANCE OF EFFORT.— 

19 ‘‘(A) REQUIREMENTS.—No grant may be 

20 made to a State in any fiscal year under sub21 section (b), (c), or (d) unless the State enters 

22 into such agreements with the Secretary as the 

23 Secretary may require to ensure that the State 

24 will maintain its aggregate expenditures from 

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1 scribed in those subsections at or above the av2 erage level of such expenditures in the 2 fiscal 

3 years preceding the date of enactment of this 

4 paragraph. 

5 ‘‘(B) WAIVER.—Upon the request of a 

6 State, the Secretary may waive or modify the 

7 requirements under subparagraph (A) for not 

8 more than 1 fiscal year if the Secretary deter9 mines that such a waiver would be equitable 

10 due to exceptional or uncontrollable cir11 cumstances.’’. 

12 (b) HIGH SEATBELT USE RATE.—Section 

13 405(b)(4)(B) of title 23, United States Code, is amended 

14 by striking ‘‘75 percent’’ and inserting ‘‘100 percent’’. 

15 (c) IMPAIRED DRIVING COUNTERMEASURES.—Sec16 tion 405(d) of title 23, United States Code, is amended— 

17 (1) by striking paragraph (4) and inserting the 

18 following: 

19 ‘‘(4) USE OF GRANT AMOUNTS.— 

20 ‘‘(A) REQUIRED PROGRAMS.—High-range 

21 States shall use grant funds for— 

22 ‘‘(i) high-visibility enforcement efforts; 

23 and 

24 ‘‘(ii) any of the activities described in 

25 subparagraph (B) if— 


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1 ‘‘(I) the activity is described in 

2 the statewide plan; and 

3 ‘‘(II) the Secretary approves the 

4 use of funding for such activity. 

5 ‘‘(B) AUTHORIZED PROGRAMS.—Medium6 range and low-range States may use grant 

7 funds for— 

8 ‘‘(i) any of the purposes described in 

9 subparagraph (A); 

10 ‘‘(ii) hiring a full-time or part-time 

11 impaired driving coordinator of the State’s 

12 activities to address the enforcement and 

13 adjudication of laws regarding driving 

14 while impaired by alcohol, drugs, or the 

15 combination of alcohol and drugs; 

16 ‘‘(iii) court support of high-visibility 

17 enforcement efforts, training and education 

18 of criminal justice professionals (including 

19 law enforcement, prosecutors, judges, and 

20 probation officers) to assist such profes21 sionals in handling impaired driving cases, 

22 hiring traffic safety resource prosecutors, 

23 hiring judicial outreach liaisons, and estab24 lishing driving while intoxicated courts; 


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1 ‘‘(iv) alcohol ignition interlock pro2 grams; 

3 ‘‘(v) improving blood-alcohol con4 centration testing and reporting; 

5 ‘‘(vi) paid and earned media in sup6 port of high-visibility enforcement efforts, 

7 conducting standardized field sobriety 

8 training, advanced roadside impaired driv9 ing evaluation training, and drug recogni10 tion expert training for law enforcement, 

11 and equipment and related expenditures 

12 used in connection with impaired driving 

13 enforcement in accordance with criteria es14 tablished by the National Highway Traffic 

15 Safety Administration; 

16 ‘‘(vii) training on the use of alcohol 

17 and drug screening and brief intervention; 

18 ‘‘(viii) training for and implementa19 tion of impaired driving assessment pro20 grams or other tools designed to increase 

21 the probability of identifying the recidivism 

22 risk of a person convicted of driving under 

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1 mine the most effective treatment or sanc2 tion that will reduce such risk; 

3 ‘‘(ix) developing impaired driving in4 formation systems; and 

5 ‘‘(x) costs associated with a 24–7 so6 briety program. 

7 ‘‘(C) OTHER PROGRAMS.—Low-range 

8 States may use grant funds for any expenditure 

9 designed to reduce impaired driving based on 

10 problem identification and may use not more 

11 than 50 percent of funds made available under 

12 this subsection for any project or activity eligi13 ble for funding under section 402. Medium- and 

14 high-range States may use funds for any ex15 penditure designed to reduce impaired driving 

16 based on problem identification upon approval 

17 by the Secretary.’’; and 

18 (2) by striking paragraph (6)(A) and inserting 

19 the following: 

20 ‘‘(A) IN GENERAL.—The Secretary shall 

21 make a separate grant under this subsection to 

22 each State that adopts and is enforcing a law 

23 that requires any individual convicted of driving 

24 under the influence of alcohol or of driving 

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1 ing privileges that limits the individual to oper2 ating only motor vehicles with an ignition inter3 lock installed. Such law may provide limited ex4 ceptions for circumstances when— 

5 ‘‘(i) a State-certified ignition interlock 

6 provider is not available within 100 miles 

7 of the individual’s residence; 

8 ‘‘(ii) the individual is required to oper9 ate an employer’s motor vehicle in the 

10 course and scope of employment and the 

11 business entity that owns the vehicle is not 

12 owned or controlled by the individual; or 

13 ‘‘(iii) the individual is certified by a 

14 medical doctor as being unable to provide 

15 a deep lung breath sample for analysis by 

16 an ignition interlock device.’’. 

17 (d) DISTRACTED DRIVING GRANTS.—Section 405(e) 

18 of title 23, United States Code, is amended to read as 

19 follows: 

20 ‘‘(e) DISTRACTED DRIVING GRANTS.— 

21 ‘‘(1) IN GENERAL.—The Secretary shall award 

22 a grant under this subsection to any State that in23 cludes distracted driving awareness as part of the 

24 State’s driver’s license examination, and enacts and 


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1 enforces a law that meets the requirements set forth 

2 in paragraphs (2) and (3). 

3 ‘‘(2) PROHIBITION ON TEXTING WHILE DRIVING

4 OR STOPPED IN TRAFFIC.—A State law meets the 

5 requirements set forth in this paragraph if the law— 

6 ‘‘(A) prohibits a driver from texting 

7 through a personal wireless communications de8 vice while driving or stopped in traffic; 

9 ‘‘(B) makes violation of the law a primary 

10 offense; and 

11 ‘‘(C) establishes a minimum fine for a vio12 lation of the law. 

13 ‘‘(3) PROHIBITION ON YOUTH CELL PHONE USE

14 WHILE DRIVING OR STOPPED IN TRAFFIC.—A State 

15 law meets the requirements set forth in this para16 graph if the law— 

17 ‘‘(A) prohibits a driver from using a per18 sonal wireless communications device while driv19 ing or stopped in traffic— 

20 ‘‘(i) younger than 18 years of age; or 

21 ‘‘(ii) in the learner’s permit and inter22 mediate license stages set forth in sub23 section (g)(2)(B); 

24 ‘‘(B) makes violation of the law a primary 

25 offense; and 


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1 ‘‘(C) establishes a minimum fine for a first 

2 violation of the law. 

3 ‘‘(4) PERMITTED EXCEPTIONS.—A law that 

4 meets the requirements set forth in paragraph (2) or 

5 (3) may provide exceptions for— 

6 ‘‘(A) a driver who uses a personal wireless 

7 communications device to contact emergency 

8 services; 

9 ‘‘(B) emergency services personnel who use 

10 a personal wireless communications device 

11 while— 

12 ‘‘(i) operating an emergency services 

13 vehicle; and 

14 ‘‘(ii) engaged in the performance of 

15 their duties as emergency services per16 sonnel; 

17 ‘‘(C) an individual employed as a commer18 cial motor vehicle driver or a school bus driver 

19 who uses a personal wireless communications 

20 device within the scope of such individual’s em21 ployment if such use is permitted under the 

22 regulations promulgated pursuant to section 

23 31136 of title 49; and 

24 ‘‘(D) any additional exceptions determined 

25 by the Secretary through a rulemaking process. 


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1 ‘‘(5) USE OF GRANT FUNDS.— 

2 ‘‘(A) IN GENERAL.—Except as provided in 

3 subparagraph (B), amounts received by a State 

4 under this subsection shall be used— 

5 ‘‘(i) to educate the public through ad6 vertising containing information about the 

7 dangers of texting or using a cell phone 

8 while driving; 

9 ‘‘(ii) for traffic signs that notify driv10 ers about the distracted driving law of the 

11 State; or 

12 ‘‘(iii) for law enforcement costs re13 lated to the enforcement of the distracted 

14 driving law. 

15 ‘‘(B) FLEXIBILITY.— 

16 ‘‘(i) Not more than 50 percent of 

17 amounts received by a State under 

18 this subsection may be used for any 

19 eligible project or activity under sec20 tion 402. 

21 ‘‘(ii) Not more than 75 percent 

22 of amounts received by a State under 

23 this subsection may be used for any 

24 eligible project or activity under sec25 tion 402 if the State has conformed 


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1 its distracted driving data to the most 

2 recent Model Minimum Uniform 

3 Crash Criteria published by the Sec4 retary. 

5 ‘‘(6) ALLOCATION TO SUPPORT STATE DIS6 TRACTED DRIVING LAWS.—Of the amounts available 

7 under this subsection in a fiscal year for distracted 

8 driving grants, the Secretary may expend not more 

9 than $5,000,000 for the development and placement 

10 of broadcast media to reduce distracted driving of 

11 motor vehicles, including to support campaigns re12 lated to distracted driving that are funded under 

13 section 404. 

14 ‘‘(7) GRANT AMOUNT.—The allocation of grant 

15 funds to a State under this subsection for a fiscal 

16 year shall be in proportion to the State’s apportion17 ment under section 402 for fiscal year 2009. 

18 ‘‘(8) DEFINITIONS.—In this subsection, the fol19 lowing definitions apply: 

20 ‘‘(A) DRIVING.—The term ‘driving’— 

21 ‘‘(i) means operating a motor vehicle 

22 on a public road, including operation while 

23 temporarily stationary because of traffic, a 

24 traffic light or stop sign, or otherwise; and 


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1 ‘‘(ii) does not include operating a 

2 motor vehicle when the vehicle has pulled 

3 over to the side of, or off, an active road4 way and has stopped in a location where it 

5 can safely remain stationary. 

6 ‘‘(B) PERSONAL WIRELESS COMMUNICA7 TIONS DEVICE.—The term ‘personal wireless 

8 communications device’— 

9 ‘‘(i) means a device through which 

10 personal wireless services (as defined in 

11 section 332(c)(7)(C)(i) of the Communica12 tions Act of 1934 (47 U.S.C. 

13 332(c)(7)(C)(i))) are transmitted; and 

14 ‘‘(ii) does not include a global naviga15 tion satellite system receiver used for posi16 tioning, emergency notification, or naviga17 tion purposes. 

18 ‘‘(C) PRIMARY OFFENSE.—The term ‘pri19 mary offense’ means an offense for which a law 

20 enforcement officer may stop a vehicle solely for 

21 the purpose of issuing a citation in the absence 

22 of evidence of another offense. 

23 ‘‘(D) PUBLIC ROAD.—The term ‘public 

24 road’ has the meaning given such term in sec25 tion 402(c). 


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1 ‘‘(E) TEXTING.—The term ‘texting’ means 

2 reading from or manually entering data into a 

3 personal wireless communications device, in4 cluding doing so for the purpose of SMS 

5 texting, emailing, instant messaging, or engag6 ing in any other form of electronic data re7 trieval or electronic data communication.’’. 

8 (e) MOTORCYCLIST SAFETY.—Section 405(f) of title 

9 23, United States Code, is amended— 

10 (1) by striking paragraph (2) and inserting the 

11 following: 

12 ‘‘(2) GRANT AMOUNT.—The allocation of grant 

13 funds to a State under this subsection for a fiscal 

14 year shall be in proportion to the State’s apportion15 ment under section 402 for fiscal year 2009, except 

16 that the amount of a grant awarded to a State for 

17 a fiscal year may not exceed 25 percent of the 

18 amount apportioned to the State under such section 

19 for fiscal year 2009.’’; 

20 (2) in paragraph (4) by adding at the end the 

21 following: 

22 ‘‘(C) FLEXIBILITY.—Not more than 50 

23 percent of grant funds received by a State 

24 under this subsection may be used for any eligi25 ble project or activity under section 402 if the 


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1 State is in the lowest 25 percent of all States 

2 for motorcycle deaths per 10,000 motorcycle 

3 registrations based on the most recent data that 

4 conforms with criteria established by the Sec5 retary.’’; and 

6 (3) by adding at the end the following: 

7 ‘‘(6) SHARE-THE-ROAD MODEL LANGUAGE.— 

8 Not later than 1 year after the date of enactment 

9 of this paragraph, the Secretary shall update and 

10 provide to the States model language for use in traf11 fic safety education courses, driver’s manuals, and 

12 other driver training materials that provides instruc13 tion for drivers of motor vehicles on the importance 

14 of sharing the road safely with motorcyclists.’’. 

15 (f) STATE GRADUATED DRIVER LICENSING INCEN16 TIVE GRANT.—Section 405(g) of title 23, United States 

17 Code, is amended to read as follows: 

18 ‘‘(g) STATE GRADUATED DRIVER LICENSING INCEN19 TIVE GRANT.— 

20 ‘‘(1) GRANTS AUTHORIZED.—Subject to the re21 quirements under this subsection, the Secretary shall 

22 award grants to States that adopt and implement 

23 graduated driver licensing laws in accordance with 

24 the requirements set forth in paragraph (2). 

25 ‘‘(2) MINIMUM REQUIREMENTS.— 


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1 ‘‘(A) IN GENERAL.—A State meets the re2 quirements set forth in this paragraph if the 

3 State has a graduated driver licensing law that 

4 requires novice drivers younger than 18 years 

5 of age to comply with the 2-stage licensing 

6 process described in subparagraph (B) before 

7 receiving an unrestricted driver’s license. 

8 ‘‘(B) LICENSING PROCESS.—A State is in 

9 compliance with the 2-stage licensing process 

10 described in this subparagraph if the State’s 

11 driver’s license laws comply with the additional 

12 requirements under subparagraph (C) and in13 cludes— 

14 ‘‘(i) a learner’s permit stage that— 

15 ‘‘(I) is not less than 6 months in 

16 duration and remains in effect until 

17 the driver reaches not less than 16 

18 years of age; 

19 ‘‘(II) contains a prohibition on 

20 the driver using a personal wireless 

21 communications device (as defined in 

22 subsection (e)) while driving except 

23 under an exception permitted under 

24 subsection (e)(4); 


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1 ‘‘(III) requires that the driver be 

2 accompanied and supervised at all 

3 times while operating a motor vehicle 

4 by a licensed driver who is— 

5 ‘‘(aa) not less than 21 years 

6 of age; 

7 ‘‘(bb) the driver’s parent or 

8 guardian; or 

9 ‘‘(cc) a State-certified driv10 ing instructor; and 

11 ‘‘(IV) complies with the addi12 tional requirements for a learner’s 

13 permit stage set forth in subpara14 graph (C)(i); and 

15 ‘‘(ii) an intermediate stage that— 

16 ‘‘(I) is not less than 6 months in 

17 duration; 

18 ‘‘(II) contains a prohibition on 

19 the driver using a personal wireless 

20 communications device (as defined in 

21 subsection (e)) while driving except 

22 under an exception permitted under 

23 subsection (e)(4); 

24 ‘‘(III) for the first 6 months of 

25 such stage, restricts driving at night 


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1 when not supervised by a licensed 

2 driver described in clause (i)(III), ex3 cluding transportation to work, school, 

4 or religious activities, or in the case of 

5 an emergency; 

6 ‘‘(IV) for a period of not less 

7 than 6 months, prohibits the driver 

8 from operating a motor vehicle with 

9 more than 1 nonfamilial passenger 

10 under 21 years of age unless a li11 censed driver described in clause 

12 (i)(III) is in the vehicle; and 

13 ‘‘(V) complies with the additional 

14 requirements for an intermediate 

15 stage set forth in subparagraph 

16 (C)(ii). 

17 ‘‘(C) ADDITIONAL REQUIREMENTS.— 

18 ‘‘(i) LEARNER’S PERMIT STAGE.—In 

19 addition to the requirements of subpara20 graph (B)(i), a learner’s permit stage shall 

21 include not less than 2 of the following re22 quirements: 

23 ‘‘(I) Passage of a vision and 

24 knowledge assessment by a learner’s 


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1 permit applicant prior to receiving a 

2 learner’s permit. 

3 ‘‘(II) The driver completes— 

4 ‘‘(aa) a State-certified driver 

5 education or training course; or 

6 ‘‘(bb) not less than 40 hours 

7 of behind-the-wheel training with 

8 a licensed driver described in 

9 subparagraph (B)(i)(III). 

10 ‘‘(III) In addition to any other 

11 penalties imposed by State law, the 

12 grant of an unrestricted driver’s li13 cense or advancement to an inter14 mediate stage be automatically de15 layed for any individual who, during 

16 the learner’s permit stage, is convicted 

17 of a driving-related offense, includ18 ing— 

19 ‘‘(aa) driving while intoxi20 cated; 

21 ‘‘(bb) misrepresentation of 

22 the individual’s age; 

23 ‘‘(cc) reckless driving; 

24 ‘‘(dd) driving without wear25 ing a seatbelt; 


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1 ‘‘(ee) speeding; or 

2 ‘‘(ff) any other driving-re3 lated offense, as determined by 

4 the Secretary. 

5 ‘‘(ii) INTERMEDIATE STAGE.—In addi6 tion to the requirements of subparagraph 

7 (B)(ii), an intermediate stage shall include 

8 not less than 2 of the following require9 ments: 

10 ‘‘(I) Commencement of such 

11 stage after the successful completion 

12 of a driving skills test. 

13 ‘‘(II) That such stage remain in 

14 effect until the driver reaches the age 

15 of not less than 17. 

16 ‘‘(III) In addition to any other 

17 penalties imposed by State law, the 

18 grant of an unrestricted driver’s li19 cense be automatically delayed for any 

20 individual who, during the learner’s 

21 permit stage, is convicted of a driving22 related offense, including those de23 scribed in clause (i)(III). 

24 ‘‘(3) EXCEPTION.—A State that otherwise 

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1 graph (2) shall be deemed by the Secretary to be in 

2 compliance with the requirement set forth in para3 graph (2) if the State enacted a law before January 

4 1, 2011, establishing a class of license that permits 

5 licensees or applicants younger than 18 years of age 

6 to drive a motor vehicle— 

7 ‘‘(A) in connection with work performed 

8 on, or for the operation of, a farm owned by 

9 family members who are directly related to the 

10 applicant or licensee; or 

11 ‘‘(B) if demonstrable hardship would result 

12 from the denial of a license to the licensees or 

13 applicants. 

14 ‘‘(4) ALLOCATION.—Grant funds allocated to a 

15 State under this subsection for a fiscal year shall be 

16 in proportion to the State’s apportionment under 

17 section 402 for fiscal year 2009. 

18 ‘‘(5) USE OF FUNDS.— 

19 ‘‘(A) IN GENERAL.—Except as provided in 

20 subparagraph (B), grant funds received by a 

21 State under this subsection shall be used for— 

22 ‘‘(i) enforcing a 2-stage licensing 

23 process that complies with paragraph (2); 

24 ‘‘(ii) training for law enforcement per25 sonnel and other relevant State agency 


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1 personnel relating to the enforcement de2 scribed in clause (i); 

3 ‘‘(iii) publishing relevant educational 

4 materials that pertain directly or indirectly 

5 to the State graduated driver licensing law; 

6 ‘‘(iv) carrying out other administrative 

7 activities that the Secretary considers rel8 evant to the State’s 2-stage licensing proc9 ess; or 

10 ‘‘(v) carrying out a teen traffic safety 

11 program described in section 402(m). 

12 ‘‘(B) FLEXIBILITY.— 

13 ‘‘(i) Not more than 75 percent of 

14 grant funds received by a State under this 

15 subsection may be used for any eligible 

16 project or activity under section 402. 

17 ‘‘(ii) Not more than 100 percent of 

18 grant funds received by a State under this 

19 subsection may be used for any eligible 

20 project or activity under section 402, if the 

21 State is in the lowest 25 percent of all 

22 States for the number of drivers under age 

23 18 involved in fatal crashes in the State 

24 per the total number of drivers under age 

25 18 in the State based on the most recent 


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1 data that conforms with criteria estab2 lished by the Secretary.’’. 

3 (g) NONMOTORIZED SAFETY.—Section 405 of title 

4 23, United States Code, is amended by adding at the end 

5 the following: 

6 ‘‘(h) NONMOTORIZED SAFETY.— 

7 ‘‘(1) GENERAL AUTHORITY.—Subject to the re8 quirements under this subsection, the Secretary shall 

9 award grants to States for the purpose of decreasing 

10 pedestrian and bicycle fatalities and injuries that re11 sult from crashes involving a motor vehicle. 

12 ‘‘(2) FEDERAL SHARE.—The Federal share of 

13 the cost of a project carried out by a State using 

14 amounts from a grant awarded under this subsection 

15 may not exceed 80 percent. 

16 ‘‘(3) ELIGIBILITY.—A State shall receive a 

17 grant under this subsection in a fiscal year if the an18 nual combined pedestrian and bicycle fatalities in 

19 the State exceed 15 percent of the total annual 

20 crash fatalities in the State, based on the most re21 cently reported final data from the Fatality Analysis 

22 Reporting System. 

23 ‘‘(4) USE OF GRANT AMOUNTS.—Grant funds 

24 received by a State under this subsection may be 

25 used for— 


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1 ‘‘(A) training of law enforcement officials 

2 on State laws applicable to pedestrian and bicy3 cle safety; 

4 ‘‘(B) enforcement mobilizations and cam5 paigns designed to enforce State traffic laws 

6 applicable to pedestrian and bicycle safety; and 

7 ‘‘(C) public education and awareness pro8 grams designed to inform motorists, pedes9 trians, and bicyclists of State traffic laws appli10 cable to pedestrian and bicycle safety. 

11 ‘‘(5) GRANT AMOUNT.—The allocation of grant 

12 funds to a State under this subsection for a fiscal 

13 year shall be in proportion to the State’s apportion14 ment under section 402 for fiscal year 2009.’’. 

15 SEC. 4006. PROHIBITION ON FUNDS TO CHECK HELMET 

16 USAGE OR CREATE RELATED CHECKPOINTS 

17 FOR A MOTORCYCLE DRIVER OR PASSENGER. 

18 The Secretary may not provide a grant or otherwise 

19 make available funding to a State, Indian tribe, county, 

20 municipality, or other local government to be used for a 

21 program or activity to check helmet usage, including 

22 checkpoints related to helmet usage, with respect to a mo23 torcycle driver or passenger. 


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1 SEC. 4007. MARIJUANA-IMPAIRED DRIVING. 

2 (a) STUDY.—The Secretary, in consultation with the 

3 heads of other Federal agencies as appropriate, shall con4 duct a study on marijuana-impaired driving. 

5 (b) ISSUES TO BE EXAMINED.—In conducting the 

6 study, the Secretary shall examine, at a minimum, the fol7 lowing: 

8 (1) Methods to detect marijuana-impaired driv9 ing, including devices capable of measuring mari10 juana levels in motor vehicle operators. 

11 (2) A review of impairment standard research 

12 for driving under the influence of marijuana. 

13 (3) Methods to differentiate the cause of a driv14 ing impairment between alcohol and marijuana. 

15 (4) State-based policies on marijuana-impaired 

16 driving. 

17 (5) The role and extent of marijuana impair18 ment in motor vehicle accidents. 

19 (c) REPORT.— 

20 (1) IN GENERAL.—Not later than 1 year after 

21 the date of enactment of this Act, the Secretary, in 

22 cooperation with other Federal agencies as appro23 priate, shall submit to the Committee on Transpor24 tation and Infrastructure of the House of Represent25 atives and the Committee on Commerce, Science, 


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1 and Transportation of the Senate a report on the re2 sults of the study. 

3 (2) CONTENTS.—The report shall include, at a 

4 minimum, the following: 

5 (A) FINDINGS.—The findings of the Sec6 retary based on the study, including, at a min7 imum, the following: 

8 (i) An assessment of methodologies 

9 and technologies for measuring driver im10 pairment resulting from the use of mari11 juana, including the use of marijuana in 

12 combination with alcohol. 

13 (ii) A description and assessment of 

14 the role of marijuana as a causal factor in 

15 traffic crashes and the extent of the prob16 lem of marijuana-impaired driving. 

17 (iii) A description and assessment of 

18 current State laws relating to marijuana19 impaired driving. 

20 (iv) A determination whether an im21 pairment standard for drivers under the 

22 influence of marijuana is feasible and could 

23 reduce vehicle accidents and save lives. 


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1 (B) RECOMMENDATIONS.—The rec2 ommendations of the Secretary based on the 

3 study, including, at a minimum, the following: 

4 (i) Effective and efficient methods for 

5 training law enforcement personnel, includ6 ing drug recognition experts, to detect or 

7 measure the level of impairment of a motor 

8 vehicle operator who is under the influence 

9 of marijuana by the use of technology or 

10 otherwise. 

11 (ii) If feasible, an impairment stand12 ard for driving under the influence of 

13 marijuana. 

14 (iii) Methodologies for increased data 

15 collection regarding the prevalence and ef16 fects of marijuana-impaired driving. 

17 (d) MARIJUANA DEFINED.—In this section, the term 

18 ‘‘marijuana’’ includes all substances containing 

19 tetrahydrocannabinol. 

20 SEC. 4008. NATIONAL PRIORITY SAFETY PROGRAM GRANT 

21 ELIGIBILITY. 

22 Not later than 60 days after the date on which the 

23 Secretary of Transportation awards grants under section 

24 405 of title 23, United States Code, the Secretary shall 


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1 make available on a publicly available Internet Website of 

2 the Department of Transportation— 

3 (1) an identification of— 

4 (A) the States that were awarded grants 

5 under such section; 

6 (B) the States that applied and were not 

7 awarded grants under such section; and 

8 (C) the States that did not apply for a 

9 grant under such section; and 

10 (2) a list of deficiencies that made a State ineli11 gible for a grant under such section for each State 

12 under paragraph (1)(B). 

13 SEC. 4009. DATA COLLECTION. 

14 Section 1906 of SAFETEA–LU (23 U.S.C. 402 

15 note) is amended— 

16 (1) in subsection (a)(1)— 

17 (A) by striking ‘‘(A) has enacted’’ and all 

18 that follows through ‘‘(B) is maintaining’’ and 

19 inserting ‘‘is maintaining’’; and 

20 (B) by striking ‘‘and any passengers’’; 

21 (2) by striking subsection (b) and inserting the 

22 following: 

23 ‘‘(b) USE OF GRANT FUNDS.—A grant received by 

24 a State under subsection (a) shall be used by the State 

25 for the costs of— 


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1 ‘‘(1) collecting and maintaining data on traffic 

2 stops; and 

3 ‘‘(2) evaluating the results of the data.’’; 

4 (3) by striking subsection (c) and redesignating 

5 subsections (d) and (e) as subsections (c) and (d), 

6 respectively; 

7 (4) in subsection (c)(2), as so redesignated, by 

8 striking ‘‘A State’’ and inserting ‘‘On or after Octo9 ber 1, 2015, a State’’; and 

10 (5) in subsection (d), as so redesignated— 

11 (A) in the subsection heading by striking 

12 ‘‘AUTHORIZATION OF APPROPRIATIONS’’ and 

13 inserting ‘‘FUNDING’’; 

14 (B) by striking paragraph (1) and insert15 ing the following: 

16 ‘‘(1) IN GENERAL.—From funds made available 

17 under section 403 of title 23, United States Code, 

18 the Secretary shall set aside $7,500,000 for each of 

19 the fiscal years 2016 through 2021 to carry out this 

20 section.’’; and 

21 (C) in paragraph (2)— 

22 (i) by striking ‘‘authorized by’’ and in23 serting ‘‘made available under’’; and 


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1 (ii) by striking ‘‘percent,’’ and all that 

2 follows through the period at the end and 

3 inserting ‘‘percent.’’. 

4 SEC. 4010. TECHNICAL CORRECTIONS. 

5 Title 23, United States Code, is amended as follows: 

6 (1) Section 402 is amended— 

7 (A) in subsection (b)(1)— 

8 (i) in subparagraph (C) by striking 

9 ‘‘paragraph (3)’’ and inserting ‘‘paragraph 

10 (2)’’; and 

11 (ii) in subparagraph (E)— 

12 (I) by striking ‘‘in which’’ and in13 serting ‘‘for which’’; and 

14 (II) by striking ‘‘under sub15 section (f)’’ and inserting ‘‘under sub16 section (k)’’; and 

17 (B) in subsection (k)(4) by striking ‘‘under 

18 paragraph (2)(A)’’ and inserting ‘‘under para19 graph (3)(A)’’. 

20 (2) Section 403(e) is amended by striking 

21 ‘‘chapter 301’’ and inserting ‘‘chapter 301 of title 

22 49’’. 

23 (3) Section 405 is amended— 

24 (A) in subsection (d)— 


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1 (i) in paragraph (5) by striking 

2 ‘‘under section 402(c)’’ and inserting 

3 ‘‘under section 402’’; and 

4 (ii) in paragraph (6)(C) by striking 

5 ‘‘on the basis of the apportionment for6 mula set forth in section 402(c)’’ and in7 serting ‘‘in proportion to the State’s appor8 tionment under section 402 for fiscal year 

9 2009’’; and 

10 (B) in subsection (f)(4)(A)(iv)— 

11 (i) by striking ‘‘such as the’’ and in12 serting ‘‘including’’; and 

13 (ii) by striking ‘‘developed under sub14 section (g)’’. 

15 TITLE V—MOTOR CARRIER 

16 SAFETY 

17 Subtitle A—Motor Carrier Safety 

18 Grant Consolidation 

19 SEC. 5101. GRANTS TO STATES. 

20 (a) MOTOR CARRIER SAFETY ASSISTANCE PRO21 GRAM.—Section 31102 of title 49, United States Code, is 

22 amended to read as follows: 


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1 ‘‘§ 31102. Motor carrier safety assistance program 

2 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

3 shall administer a motor carrier safety assistance program 

4 funded under section 31104. 

5 ‘‘(b) GOAL.—The goal of the program is to ensure 

6 that the Secretary, States, local governments, other polit7 ical jurisdictions, federally recognized Indian tribes, and 

8 other persons work in partnership to establish programs 

9 to improve motor carrier, commercial motor vehicle, and 

10 driver safety to support a safe and efficient surface trans11 portation system by— 

12 ‘‘(1) making targeted investments to promote 

13 safe commercial motor vehicle transportation, includ14 ing the transportation of passengers and hazardous 

15 materials; 

16 ‘‘(2) investing in activities likely to generate 

17 maximum reductions in the number and severity of 

18 commercial motor vehicle crashes and in fatalities 

19 resulting from such crashes; 

20 ‘‘(3) adopting and enforcing effective motor car21 rier, commercial motor vehicle, and driver safety reg22 ulations and practices consistent with Federal re23 quirements; and 

24 ‘‘(4) assessing and improving statewide per25 formance by setting program goals and meeting per26 formance standards, measures, and benchmarks. 


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1 ‘‘(c) STATE PLANS.— 

2 ‘‘(1) IN GENERAL.—In carrying out the pro3 gram, the Secretary shall prescribe procedures for a 

4 State to submit a multiple-year plan, and annual up5 dates thereto, under which the State agrees to as6 sume responsibility for improving motor carrier safe7 ty by adopting and enforcing State regulations, 

8 standards, and orders that are compatible with the 

9 regulations, standards, and orders of the Federal 

10 Government on commercial motor vehicle safety and 

11 hazardous materials transportation safety. 

12 ‘‘(2) CONTENTS.—The Secretary shall approve 

13 a State plan if the Secretary determines that the 

14 plan is adequate to comply with the requirements of 

15 this section, and the plan— 

16 ‘‘(A) implements performance-based activi17 ties, including deployment and maintenance of 

18 technology to enhance the efficiency and effec19 tiveness of commercial motor vehicle safety pro20 grams; 

21 ‘‘(B) designates a lead State commercial 

22 motor vehicle safety agency responsible for ad23 ministering the plan throughout the State; 

24 ‘‘(C) contains satisfactory assurances that 

25 the lead State commercial motor vehicle safety 


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1 agency has or will have the legal authority, re2 sources, and qualified personnel necessary to 

3 enforce the regulations, standards, and orders; 

4 ‘‘(D) contains satisfactory assurances that 

5 the State will devote adequate resources to the 

6 administration of the plan and enforcement of 

7 the regulations, standards, and orders; 

8 ‘‘(E) provides a right of entry and inspec9 tion to carry out the plan; 

10 ‘‘(F) provides that all reports required 

11 under this section be available to the Secretary 

12 on request; 

13 ‘‘(G) provides that the lead State commer14 cial motor vehicle safety agency will adopt the 

15 reporting requirements and use the forms for 

16 recordkeeping, inspections, and investigations 

17 that the Secretary prescribes; 

18 ‘‘(H) requires all registrants of commercial 

19 motor vehicles to demonstrate knowledge of ap20 plicable safety regulations, standards, and or21 ders of the Federal Government and the State; 

22 ‘‘(I) provides that the State will grant 

23 maximum reciprocity for inspections conducted 

24 under the North American Inspection Stand25 ards through the use of a nationally accepted 


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1 system that allows ready identification of pre2 viously inspected commercial motor vehicles; 

3 ‘‘(J) ensures that activities described in 

4 subsection (h), if financed through grants to 

5 the State made under this section, will not di6 minish the effectiveness of the development and 

7 implementation of the programs to improve 

8 motor carrier, commercial motor vehicle, and 

9 driver safety as described in subsection (b); 

10 ‘‘(K) ensures that the lead State commer11 cial motor vehicle safety agency will coordinate 

12 the plan, data collection, and information sys13 tems with the State highway safety improve14 ment program required under section 148(c) of 

15 title 23; 

16 ‘‘(L) ensures participation in appropriate 

17 Federal Motor Carrier Safety Administration 

18 information technology and data systems and 

19 other information systems by all appropriate ju20 risdictions receiving motor carrier safety assist21 ance program funding; 

22 ‘‘(M) ensures that information is ex23 changed among the States in a timely manner; 

24 ‘‘(N) provides satisfactory assurances that 

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1 phasize and improve enforcement of State and 

2 local traffic safety laws and regulations related 

3 to commercial motor vehicle safety; 

4 ‘‘(O) provides satisfactory assurances that 

5 the State will address national priorities and 

6 performance goals, including— 

7 ‘‘(i) activities aimed at removing im8 paired commercial motor vehicle drivers 

9 from the highways of the United States 

10 through adequate enforcement of regula11 tions on the use of alcohol and controlled 

12 substances and by ensuring ready roadside 

13 access to alcohol detection and measuring 

14 equipment; 

15 ‘‘(ii) activities aimed at providing an 

16 appropriate level of training to State motor 

17 carrier safety assistance program officers 

18 and employees on recognizing drivers im19 paired by alcohol or controlled substances; 

20 and 

21 ‘‘(iii) when conducted with an appro22 priate commercial motor vehicle inspection, 

23 criminal interdiction activities, and appro24 priate strategies for carrying out those 

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1 tion activities that affect the transpor2 tation of controlled substances (as defined 

3 in section 102 of the Comprehensive Drug 

4 Abuse Prevention and Control Act of 1970 

5 (21 U.S.C. 802) and listed in part 1308 of 

6 title 21, Code of Federal Regulations, as 

7 updated and republished from time to 

8 time) by any occupant of a commercial 

9 motor vehicle; 

10 ‘‘(P) provides that the State has estab11 lished and dedicated sufficient resources to a 

12 program to ensure that— 

13 ‘‘(i) the State collects and reports to 

14 the Secretary accurate, complete, and 

15 timely motor carrier safety data; and 

16 ‘‘(ii) the State participates in a na17 tional motor carrier safety data correction 

18 system prescribed by the Secretary; 

19 ‘‘(Q) ensures that the State will cooperate 

20 in the enforcement of financial responsibility re21 quirements under sections 13906, 31138, and 

22 31139 and regulations issued under those sec23 tions; 

24 ‘‘(R) ensures consistent, effective, and rea25 sonable sanctions; 


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1 ‘‘(S) ensures that roadside inspections will 

2 be conducted at locations that are adequate to 

3 protect the safety of drivers and enforcement 

4 personnel; 

5 ‘‘(T) provides that the State will include in 

6 the training manuals for the licensing examina7 tion to drive noncommercial motor vehicles and 

8 commercial motor vehicles information on best 

9 practices for driving safely in the vicinity of 

10 noncommercial and commercial motor vehicles; 

11 ‘‘(U) provides that the State will enforce 

12 the registration requirements of sections 13902 

13 and 31134 by prohibiting the operation of any 

14 vehicle discovered to be operated by a motor 

15 carrier without a registration issued under 

16 those sections or to be operated beyond the 

17 scope of the motor carrier’s registration; 

18 ‘‘(V) provides that the State will conduct 

19 comprehensive and highly visible traffic enforce20 ment and commercial motor vehicle safety in21 spection programs in high-risk locations and 

22 corridors; 

23 ‘‘(W) except in the case of an imminent 

24 hazard or obvious safety hazard, ensures that 

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1 sengers for a motor carrier of passengers is 

2 conducted at a bus station, terminal, border 

3 crossing, maintenance facility, destination, or 

4 other location where a motor carrier may make 

5 a planned stop (excluding a weigh station); 

6 ‘‘(X) ensures that the State will transmit 

7 to its roadside inspectors notice of each Federal 

8 exemption granted under section 31315(b) of 

9 this title and sections 390.23 and 390.25 of 

10 title 49, Code of Federal Regulations, and pro11 vided to the State by the Secretary, including 

12 the name of the person that received the exemp13 tion and any terms and conditions that apply to 

14 the exemption; 

15 ‘‘(Y) except as provided in subsection (d), 

16 provides that the State— 

17 ‘‘(i) will conduct safety audits of 

18 interstate and, at the State’s discretion, 

19 intrastate new entrant motor carriers 

20 under section 31144(g); and 

21 ‘‘(ii) if the State authorizes a third 

22 party to conduct safety audits under sec23 tion 31144(g) on its behalf, the State 

24 verifies the quality of the work conducted 

25 and remains solely responsible for the 


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1 management and oversight of the activi2 ties; 

3 ‘‘(Z) provides that the State agrees to fully 

4 participate in the performance and registration 

5 information systems management under section 

6 31106(b) not later than October 1, 2020, by 

7 complying with the conditions for participation 

8 under paragraph (3) of that section, or dem9 onstrates to the Secretary an alternative ap10 proach for identifying and immobilizing a motor 

11 carrier with serious safety deficiencies in a 

12 manner that provides an equivalent level of 

13 safety; 

14 ‘‘(AA) in the case of a State that shares a 

15 land border with another country, provides that 

16 the State— 

17 ‘‘(i) will conduct a border commercial 

18 motor vehicle safety program focusing on 

19 international commerce that includes en20 forcement and related projects; or 

21 ‘‘(ii) will forfeit all funds calculated by 

22 the Secretary based on border-related ac23 tivities if the State declines to conduct the 

24 program described in clause (i) in its plan; 

25 and 


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1 ‘‘(BB) in the case of a State that meets 

2 the other requirements of this section and 

3 agrees to comply with the requirements estab4 lished in subsection (l)(3), provides that the 

5 State may fund operation and maintenance 

6 costs associated with innovative technology de7 ployment under subsection (l)(3) with motor 

8 carrier safety assistance program funds author9 ized under section 31104(a)(1). 

10 ‘‘(3) PUBLICATION.— 

11 ‘‘(A) IN GENERAL.—Subject to subpara12 graph (B), the Secretary shall publish each ap13 proved State multiple-year plan, and each an14 nual update thereto, on a publically accessible 

15 Internet Web site of the Department of Trans16 portation not later than 30 days after the date 

17 the Secretary approves the plan or update. 

18 ‘‘(B) LIMITATION.—Before publishing an 

19 approved State multiple-year plan or annual up20 date under subparagraph (A), the Secretary 

21 shall redact any information identified by the 

22 State that, if disclosed— 

23 ‘‘(i) would reasonably be expected to 

24 interfere with enforcement proceedings; or 


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1 ‘‘(ii) would reveal enforcement tech2 niques or procedures that would reasonably 

3 be expected to risk circumvention of the 

4 law. 

5 ‘‘(d) EXCLUSION OF U.S. TERRITORIES.—The re6 quirement that a State conduct safety audits of new en7 trant motor carriers under subsection (c)(2)(Y) does not 

8 apply to a territory of the United States unless required 

9 by the Secretary. 

10 ‘‘(e) INTRASTATE COMPATIBILITY.—The Secretary 

11 shall prescribe regulations specifying tolerance guidelines 

12 and standards for ensuring compatibility of intrastate 

13 commercial motor vehicle safety laws, including regula14 tions, with Federal motor carrier safety regulations to be 

15 enforced under subsections (b) and (c). To the extent 

16 practicable, the guidelines and standards shall allow for 

17 maximum flexibility while ensuring a degree of uniformity 

18 that will not diminish motor vehicle safety. 

19 ‘‘(f) MAINTENANCE OF EFFORT.— 

20 ‘‘(1) BASELINE.—Except as provided under 

21 paragraphs (2) and (3) and in accordance with sec22 tion 5106 of the Surface Transportation Reauthor23 ization and Reform Act of 2015, a State plan under 

24 subsection (c) shall provide that the total expendi25 ture of amounts of the lead State commercial motor 


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1 vehicle safety agency responsible for administering 

2 the plan will be maintained at a level each fiscal 

3 year that is at least equal to— 

4 ‘‘(A) the average level of that expenditure 

5 for fiscal years 2004 and 2005; or 

6 ‘‘(B) the level of that expenditure for the 

7 year in which the Secretary implements a new 

8 allocation formula under section 5106 of the 

9 Surface Transportation Reauthorization and 

10 Reform Act of 2015. 

11 ‘‘(2) ADJUSTED BASELINE AFTER FISCAL YEAR

12 2017.—At the request of a State, the Secretary may 

13 evaluate additional documentation related to the 

14 maintenance of effort and may make reasonable ad15 justments to the maintenance of effort baseline after 

16 the year in which the Secretary implements a new 

17 allocation formula under section 5106 of the Surface 

18 Transportation Reauthorization and Reform Act of 

19 2015, and this adjusted baseline will replace the 

20 maintenance of effort requirement under paragraph 

21 (1). 

22 ‘‘(3) WAIVERS.—At the request of a State, the 

23 Secretary may waive or modify the requirements of 

24 this subsection for a total of 1 fiscal year if the Sec25 retary determines that the waiver or modification is 


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1 reasonable, based on circumstances described by the 

2 State, to ensure the continuation of commercial 

3 motor vehicle enforcement activities in the State. 

4 ‘‘(4) LEVEL OF STATE EXPENDITURES.—In es5 timating the average level of a State’s expenditures 

6 under paragraph (1), the Secretary— 

7 ‘‘(A) may allow the State to exclude State 

8 expenditures for federally sponsored demonstra9 tion and pilot programs and strike forces; 

10 ‘‘(B) may allow the State to exclude ex11 penditures for activities related to border en12 forcement and new entrant safety audits; and 

13 ‘‘(C) shall require the State to exclude 

14 State matching amounts used to receive Federal 

15 financing under section 31104. 

16 ‘‘(g) USE OF UNIFIED CARRIER REGISTRATION FEES

17 AGREEMENT.—Amounts generated under section 14504a 

18 and received by a State and used for motor carrier safety 

19 purposes may be included as part of the State’s match 

20 required under section 31104 or maintenance of effort re21 quired by subsection (f). 

22 ‘‘(h) USE OF GRANTS TO ENFORCE OTHER LAWS.— 

23 When approved as part of a State’s plan under subsection 

24 (c), the State may use motor carrier safety assistance pro25 gram funds received under this section— 


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1 ‘‘(1) if the activities are carried out in conjunc2 tion with an appropriate inspection of a commercial 

3 motor vehicle to enforce Federal or State commercial 

4 motor vehicle safety regulations, for— 

5 ‘‘(A) enforcement of commercial motor ve6 hicle size and weight limitations at locations, 

7 excluding fixed-weight facilities, such as near 

8 steep grades or mountainous terrains, where 

9 the weight of a commercial motor vehicle can 

10 significantly affect the safe operation of the ve11 hicle, or at ports where intermodal shipping 

12 containers enter and leave the United States; 

13 and 

14 ‘‘(B) detection of and enforcement actions 

15 taken as a result of criminal activity, including 

16 the trafficking of human beings, in a commer17 cial motor vehicle or by any occupant, including 

18 the operator, of the commercial motor vehicle; 

19 and 

20 ‘‘(2) for documented enforcement of State traf21 fic laws and regulations designed to promote the 

22 safe operation of commercial motor vehicles, includ23 ing documented enforcement of such laws and regu24 lations relating to noncommercial motor vehicles 


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1 when necessary to promote the safe operation of 

2 commercial motor vehicles, if— 

3 ‘‘(A) the number of motor carrier safety 

4 activities, including roadside safety inspections, 

5 conducted in the State is maintained at a level 

6 at least equal to the average level of such activi7 ties conducted in the State in fiscal years 2004 

8 and 2005; and 

9 ‘‘(B) the State does not use more than 10 

10 percent of the basic amount the State receives 

11 under a grant awarded under section 

12 31104(a)(1) for enforcement activities relating 

13 to noncommercial motor vehicles necessary to 

14 promote the safe operation of commercial motor 

15 vehicles unless the Secretary determines that a 

16 higher percentage will result in significant in17 creases in commercial motor vehicle safety. 

18 ‘‘(i) EVALUATION OF PLANS AND AWARD OF

19 GRANTS.— 

20 ‘‘(1) AWARDS.—The Secretary shall establish 

21 criteria for the application, evaluation, and approval 

22 of State plans under this section. Subject to sub23 section (j), the Secretary may allocate the amounts 

24 made available under section 31104(a)(1) among the 

25 States. 


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1 ‘‘(2) OPPORTUNITY TO CURE.—If the Secretary 

2 disapproves a plan under this section, the Secretary 

3 shall give the State a written explanation of the rea4 sons for disapproval and allow the State to modify 

5 and resubmit the plan for approval. 

6 ‘‘(j) ALLOCATION OF FUNDS.— 

7 ‘‘(1) IN GENERAL.—The Secretary, by regula8 tion, shall prescribe allocation criteria for funds 

9 made available under section 31104(a)(1). 

10 ‘‘(2) ANNUAL ALLOCATIONS.—On October 1 of 

11 each fiscal year, or as soon as practicable thereafter, 

12 and after making a deduction under section 

13 31104(c), the Secretary shall allocate amounts made 

14 available under section 31104(a)(1) to carry out this 

15 section for the fiscal year among the States with 

16 plans approved under this section in accordance with 

17 the criteria prescribed under paragraph (1). 

18 ‘‘(3) ELECTIVE ADJUSTMENTS.—Subject to the 

19 availability of funding and notwithstanding fluctua20 tions in the data elements used by the Secretary to 

21 calculate the annual allocation amounts, after the 

22 creation of a new allocation formula under section 

23 5106 of the Surface Transportation Reauthorization 

24 and Reform Act of 2015 the Secretary may not 

25 make elective adjustments to the allocation formula 


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1 that decrease a State’s Federal funding levels by 

2 more than 3 percent in a fiscal year. The 3 percent 

3 limit shall not apply to the withholding provisions of 

4 subsection (k). 

5 ‘‘(k) PLAN MONITORING.— 

6 ‘‘(1) IN GENERAL.—On the basis of reports 

7 submitted by the lead State agency responsible for 

8 administering a State plan approved under this sec9 tion and an investigation by the Secretary, the Sec10 retary shall periodically evaluate State implementa11 tion of and compliance with the State plan. 

12 ‘‘(2) WITHHOLDING OF FUNDS.— 

13 ‘‘(A) DISAPPROVAL.—If, after notice and 

14 an opportunity to be heard, the Secretary finds 

15 that a State plan previously approved under 

16 this section is not being followed or has become 

17 inadequate to ensure enforcement of State reg18 ulations, standards, or orders described in sub19 section (c)(1), or the State is otherwise not in 

20 compliance with the requirements of this sec21 tion, the Secretary may withdraw approval of 

22 the State plan and notify the State. Upon the 

23 receipt of such notice, the State plan shall no 

24 longer be in effect and the Secretary shall with25 hold all funding to the State under this section. 


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1 ‘‘(B) NONCOMPLIANCE WITHHOLDING.—In 

2 lieu of withdrawing approval of a State plan 

3 under subparagraph (A), the Secretary may, 

4 after providing notice to the State and an op5 portunity to be heard, withhold funding from 

6 the State to which the State would otherwise be 

7 entitled under this section for the period of the 

8 State’s noncompliance. In exercising this op9 tion, the Secretary may withhold— 

10 ‘‘(i) up to 5 percent of funds during 

11 the fiscal year that the Secretary notifies 

12 the State of its noncompliance; 

13 ‘‘(ii) up to 10 percent of funds for the 

14 first full fiscal year of noncompliance; 

15 ‘‘(iii) up to 25 percent of funds for 

16 the second full fiscal year of noncompli17 ance; and 

18 ‘‘(iv) not more than 50 percent of 

19 funds for the third and any subsequent full 

20 fiscal year of noncompliance. 

21 ‘‘(3) JUDICIAL REVIEW.—A State adversely af22 fected by a determination under paragraph (2) may 

23 seek judicial review under chapter 7 of title 5. Not24 withstanding the disapproval of a State plan under 

25 paragraph (2)(A) or the withholding of funds under 


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1 paragraph (2)(B), the State may retain jurisdiction 

2 in an administrative or a judicial proceeding that 

3 commenced before the notice of disapproval or with4 holding if the issues involved are not related directly 

5 to the reasons for the disapproval or withholding. 

6 ‘‘(l) HIGH PRIORITY PROGRAM.— 

7 ‘‘(1) IN GENERAL.—The Secretary shall admin8 ister a high priority program funded under section 

9 31104 for the purposes described in paragraphs (2) 

10 and (3). 

11 ‘‘(2) ACTIVITIES RELATED TO MOTOR CARRIER

12 SAFETY.—The Secretary may make discretionary 

13 grants to and enter into cooperative agreements with 

14 States, local governments, federally recognized In15 dian tribes, other political jurisdictions as necessary, 

16 and any person to carry out high priority activities 

17 and projects that augment motor carrier safety ac18 tivities and projects planned in accordance with sub19 sections (b) and (c), including activities and projects 

20 that— 

21 ‘‘(A) increase public awareness and edu22 cation on commercial motor vehicle safety; 

23 ‘‘(B) target unsafe driving of commercial 

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1 cles in areas identified as high risk crash cor2 ridors; 

3 ‘‘(C) improve the safe and secure move4 ment of hazardous materials; 

5 ‘‘(D) improve safe transportation of goods 

6 and persons in foreign commerce; 

7 ‘‘(E) demonstrate new technologies to im8 prove commercial motor vehicle safety; 

9 ‘‘(F) support participation in performance 

10 and registration information systems manage11 ment under section 31106(b)— 

12 ‘‘(i) for entities not responsible for 

13 submitting the plan under subsection (c); 

14 or 

15 ‘‘(ii) for entities responsible for sub16 mitting the plan under subsection (c)— 

17 ‘‘(I) before October 1, 2020, to 

18 achieve compliance with the require19 ments of participation; and 

20 ‘‘(II) beginning on October 1, 

21 2020, or once compliance is achieved, 

22 whichever is sooner, for special initia23 tives or projects that exceed routine 

24 operations required for participation; 


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1 ‘‘(G) conduct safety data improvement 

2 projects— 

3 ‘‘(i) that complete or exceed the re4 quirements under subsection (c)(2)(P) for 

5 entities not responsible for submitting the 

6 plan under subsection (c); or 

7 ‘‘(ii) that exceed the requirements 

8 under subsection (c)(2)(P) for entities re9 sponsible for submitting the plan under 

10 subsection (c); and 

11 ‘‘(H) otherwise improve commercial motor 

12 vehicle safety and compliance with commercial 

13 motor vehicle safety regulations. 

14 ‘‘(3) INNOVATIVE TECHNOLOGY DEPLOYMENT

15 GRANT PROGRAM.— 

16 ‘‘(A) IN GENERAL.—The Secretary shall 

17 establish an innovative technology deployment 

18 grant program to make discretionary grants 

19 funded under section 31104(a)(2) to eligible 

20 States for the innovative technology deployment 

21 of commercial motor vehicle information sys22 tems and networks. 

23 ‘‘(B) PURPOSES.—The purposes of the 

24 program shall be— 


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1 ‘‘(i) to advance the technological capa2 bility and promote the deployment of intel3 ligent transportation system applications 

4 for commercial motor vehicle operations, 

5 including commercial motor vehicle, com6 mercial driver, and carrier-specific infor7 mation systems and networks; and 

8 ‘‘(ii) to support and maintain com9 mercial motor vehicle information systems 

10 and networks— 

11 ‘‘(I) to link Federal motor carrier 

12 safety information systems with State 

13 commercial motor vehicle systems; 

14 ‘‘(II) to improve the safety and 

15 productivity of commercial motor vehi16 cles and drivers; and 

17 ‘‘(III) to reduce costs associated 

18 with commercial motor vehicle oper19 ations and Federal and State commer20 cial motor vehicle regulatory require21 ments. 

22 ‘‘(C) ELIGIBILITY.—To be eligible for a 

23 grant under this paragraph, a State shall— 

24 ‘‘(i) have a commercial motor vehicle 

25 information systems and networks program 


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1 plan approved by the Secretary that de2 scribes the various systems and networks 

3 at the State level that need to be refined, 

4 revised, upgraded, or built to accomplish 

5 deployment of commercial motor vehicle in6 formation systems and networks capabili7 ties; 

8 ‘‘(ii) certify to the Secretary that its 

9 commercial motor vehicle information sys10 tems and networks deployment activities, 

11 including hardware procurement, software 

12 and system development, and infrastruc13 ture modifications— 

14 ‘‘(I) are consistent with the na15 tional intelligent transportation sys16 tems and commercial motor vehicle in17 formation systems and networks ar18 chitectures and available standards; 

19 and 

20 ‘‘(II) promote interoperability 

21 and efficiency to the extent prac22 ticable; and 

23 ‘‘(iii) agree to execute interoperability 

24 tests developed by the Federal Motor Car25 rier Safety Administration to verify that 


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1 its systems conform with the national intel2 ligent transportation systems architecture, 

3 applicable standards, and protocols for 

4 commercial motor vehicle information sys5 tems and networks. 

6 ‘‘(D) USE OF FUNDS.—Grant funds re7 ceived under this paragraph may be used— 

8 ‘‘(i) for deployment activities and ac9 tivities to develop new and innovative ad10 vanced technology solutions that support 

11 commercial motor vehicle information sys12 tems and networks; 

13 ‘‘(ii) for planning activities, including 

14 the development or updating of program or 

15 top level design plans in order to become 

16 eligible or maintain eligibility under sub17 paragraph (C); and 

18 ‘‘(iii) for the operation and mainte19 nance costs associated with innovative 

20 technology. 

21 ‘‘(E) SECRETARY AUTHORIZATION.—The 

22 Secretary is authorized to award a State fund23 ing for the operation and maintenance costs as24 sociated with innovative technology deployment 


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1 with funds made available under sections 

2 31104(a)(1) and 31104(a)(2).’’. 

3 (b) COMMERCIAL MOTOR VEHICLE OPERATORS

4 GRANT PROGRAM.—Section 31103 of title 49, United 

5 States Code, is amended to read as follows: 

6 ‘‘§ 31103. Commercial motor vehicle operators grant 

7 program 

8 ‘‘(a) IN GENERAL.—The Secretary shall administer 

9 a commercial motor vehicle operators grant program fund10 ed under section 31104. 

11 ‘‘(b) PURPOSE.—The purpose of the grant program 

12 is to train individuals in the safe operation of commercial 

13 motor vehicles (as defined in section 31301). 

14 ‘‘(c) VETERANS.—In administering grants under this 

15 section, the Secretary shall award priority to grant appli16 cations for programs to train former members of the 

17 armed forces (as defined in section 101 of title 10) in the 

18 safe operation of such vehicles.’’. 

19 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

20 31104 of title 49, United States Code, as amended by this 

21 Act, is further amended on the effective date set forth in 

22 subsection (f) to read as follows: 

23 ‘‘§ 31104. Authorization of appropriations 

24 ‘‘(a) FINANCIAL ASSISTANCE PROGRAMS.—The fol25 lowing sums are authorized to be appropriated from the 


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1 Highway Trust Fund (other than the Mass Transit Ac2 count): 

3 ‘‘(1) MOTOR CARRIER SAFETY ASSISTANCE PRO4 GRAM.—Subject to paragraph (2) and subsection (c), 

5 to carry out section 31102— 

6 ‘‘(A) $278,242,684 for fiscal year 2017; 

7 ‘‘(B) $293,685,550 for fiscal year 2018; 

8 ‘‘(C) $308,351,227 for fiscal year 2019; 

9 ‘‘(D) $323,798,553 for fiscal year 2020; 

10 and 

11 ‘‘(E) $339,244,023 for fiscal year 2021. 

12 ‘‘(2) HIGH PRIORITY ACTIVITIES PROGRAM.— 

13 Subject to subsection (c), to make grants and coop14 erative agreements under section 31102(l), the Sec15 retary may set aside from amounts made available 

16 under paragraph (1) up to— 

17 ‘‘(A) $40,798,780 for fiscal year 2017; 

18 ‘‘(B) $41,684,114 for fiscal year 2018; 

19 ‘‘(C) $42,442,764 for fiscal year 2019; 

20 ‘‘(D) $43,325,574 for fiscal year 2020; 

21 and 

22 ‘‘(E) $44,209,416 for fiscal year 2021. 

23 ‘‘(3) COMMERCIAL MOTOR VEHICLE OPERATORS

24 GRANT PROGRAM.—To carry out section 31103— 

25 ‘‘(A) $1,000,000 for fiscal year 2017; 


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1 ‘‘(B) $1,000,000 for fiscal year 2018; 

2 ‘‘(C) $1,000,000 for fiscal year 2019; 

3 ‘‘(D) $1,000,000 for fiscal year 2020; and 

4 ‘‘(E) $1,000,000 for fiscal year 2021. 

5 ‘‘(4) COMMERCIAL DRIVER’S LICENSE PROGRAM

6 IMPLEMENTATION PROGRAM.—Subject to subsection 

7 (c), to carry out section 31313— 

8 ‘‘(A) $30,958,536 for fiscal year 2017; 

9 ‘‘(B) $31,630,336 for fiscal year 2018; 

10 ‘‘(C) $32,206,008 for fiscal year 2019; 

11 ‘‘(D) $32,875,893 for fiscal year 2020; 

12 and 

13 ‘‘(E) $33,546,562 for fiscal year 2021. 

14 ‘‘(b) REIMBURSEMENT AND PAYMENT TO RECIPI15 ENTS FOR GOVERNMENT SHARE OF COSTS.— 

16 ‘‘(1) IN GENERAL.—Amounts made available 

17 under subsection (a) shall be used to reimburse fi18 nancial assistance recipients proportionally for the 

19 Federal Government’s share of the costs incurred. 

20 ‘‘(2) REIMBURSEMENT AMOUNTS.—The Sec21 retary shall reimburse a recipient, in accordance 

22 with a financial assistance agreement made under 

23 section 31102, 31103, or 31313, an amount that is 

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1 menting programs under such sections. The Sec2 retary shall pay the recipient an amount not more 

3 than the Federal Government share of the total 

4 costs approved by the Federal Government in the fi5 nancial assistance agreement. The Secretary shall 

6 include a recipient’s in-kind contributions in deter7 mining the reimbursement. 

8 ‘‘(3) VOUCHERS.—Each recipient shall submit 

9 vouchers at least quarterly for costs the recipient in10 curs in developing and implementing programs 

11 under sections 31102, 31103, and 31313. 

12 ‘‘(c) DEDUCTIONS FOR PARTNER TRAINING AND

13 PROGRAM SUPPORT.—On October 1 of each fiscal year, 

14 or as soon after that date as practicable, the Secretary 

15 may deduct from amounts made available under para16 graphs (1), (2), and (4) of subsection (a) for that fiscal 

17 year not more than 1.50 percent of those amounts for 

18 partner training and program support in that fiscal year. 

19 The Secretary shall use at least 75 percent of those de20 ducted amounts to train non-Federal Government employ21 ees and to develop related training materials in carrying 

22 out such programs. 

23 ‘‘(d) GRANTS AND COOPERATIVE AGREEMENTS AS

24 CONTRACTUAL OBLIGATIONS.—The approval of a finan25 cial assistance agreement by the Secretary under section 


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1 31102, 31103, or 31313 is a contractual obligation of the 

2 Federal Government for payment of the Federal Govern3 ment’s share of costs in carrying out the provisions of the 

4 grant or cooperative agreement. 

5 ‘‘(e) ELIGIBLE ACTIVITIES.—The Secretary shall es6 tablish criteria for eligible activities to be funded with fi7 nancial assistance agreements under this section and pub8 lish those criteria in a notice of funding availability before 

9 the financial assistance program application period. 

10 ‘‘(f) PERIOD OF AVAILABILITY OF FINANCIAL AS11 SISTANCE AGREEMENT FUNDS FOR RECIPIENT EXPENDI12 TURES.—The period of availability for a recipient to ex13 pend funds under a grant or cooperative agreement au14 thorized under subsection (a) is as follows: 

15 ‘‘(1) For grants made for carrying out section 

16 31102, other than section 31102(l), for the fiscal 

17 year in which the Secretary approves the financial 

18 assistance agreement and for the next fiscal year. 

19 ‘‘(2) For grants made or cooperative agree20 ments entered into for carrying out section 

21 31102(l)(2), for the fiscal year in which the Sec22 retary approves the financial assistance agreement 

23 and for the next 2 fiscal years. 

24 ‘‘(3) For grants made for carrying out section 

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1 retary approves the financial assistance agreement 

2 and for the next 4 fiscal years. 

3 ‘‘(4) For grants made for carrying out section 

4 31103, for the fiscal year in which the Secretary ap5 proves the financial assistance agreement and for 

6 the next fiscal year. 

7 ‘‘(5) For grants made or cooperative agree8 ments entered into for carrying out section 31313, 

9 for the fiscal year in which the Secretary approves 

10 the financial assistance agreement and for the next 

11 4 fiscal years. 

12 ‘‘(g) CONTRACT AUTHORITY; INITIAL DATE OF

13 AVAILABILITY.—Amounts authorized from the Highway 

14 Trust Fund (other than the Mass Transit Account) by this 

15 section shall be available for obligation on the date of their 

16 apportionment or allocation or on October 1 of the fiscal 

17 year for which they are authorized, whichever occurs first. 

18 ‘‘(h) AVAILABILITY OF FUNDING.—Amounts made 

19 available under this section shall remain available until ex20 pended.’’. 

21 (d) CLERICAL AMENDMENT.—The analysis for chap22 ter 311 of title 49, United States Code, is amended by 

23 striking the items relating to sections 31102, 31103, and 

24 31104 and inserting the following: 

‘‘31102. Motor carrier safety assistance program. 

‘‘31103. Commercial motor vehicle operators grant program. 

‘‘31104. Authorization of appropriations.’’. 


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1 (e) CONFORMING AMENDMENTS.— 

2 (1) SAFETY FITNESS OF OWNERS AND OPER3 ATOR; SAFETY REVIEWS OF NEW OPERATORS.—Sec4 tion 31144(g) of title 49, United States Code, is 

5 amended by striking paragraph (5). 

6 (2) INFORMATION SYSTEMS; PERFORMANCE

7 AND REGISTRATION INFORMATION PROGRAM.—Sec8 tion 31106(b) of title 49, United States Code, is 

9 amended by striking paragraph (4). 

10 (3) BORDER ENFORCEMENT GRANTS.—Section 

11 31107 of title 49, United States Code, and the item 

12 relating to that section in the analysis for chapter 

13 311 of that title, are repealed. 

14 (4) PERFORMANCE AND REGISTRATION INFOR15 MATION SYSTEM MANAGEMENT.—Section 31109 of 

16 title 49, United States Code, and the item relating 

17 to that section in the analysis for chapter 311 of 

18 that title, are repealed. 

19 (5) COMMERCIAL VEHICLE INFORMATION SYS20 TEMS AND NETWORKS DEPLOYMENT.—Section 4126 

21 of SAFETEA–LU (49 U.S.C. 31106 note), and the 

22 item relating to that section in the table of contents 

23 contained in section 1(b) of that Act, are repealed. 

24 (6) SAFETY DATA IMPROVEMENT PROGRAM.— 

25 Section 4128 of SAFETEA–LU (49 U.S.C. 31100 


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1 note), and the item relating to that section in the 

2 table of contents contained in section 1(b) of that 

3 Act, are repealed. 

4 (7) GRANT PROGRAM FOR COMMERCIAL MOTOR

5 VEHICLE OPERATORS.—Section 4134 of SAFETEA– 

6 LU (49 U.S.C. 31301 note), and the item relating 

7 to that section in the table of contents contained in 

8 section 1(b) of that Act, are repealed. 

9 (8) MAINTENANCE OF EFFORT AS CONDITION

10 ON GRANTS TO STATES.—Section 103(c) of the 

11 Motor Carrier Safety Improvement Act of 1999 (49 

12 U.S.C. 31102 note) is repealed. 

13 (9) STATE COMPLIANCE WITH CDL REQUIRE14 MENTS.—Section 103(e) of the Motor Carrier Safety 

15 Improvement Act of 1999 (49 U.S.C. 31102 note) is 

16 repealed. 

17 (10) BORDER STAFFING STANDARDS.—Section 

18 218(d) of the Motor Carrier Safety Improvement 

19 Act of 1999 (49 U.S.C. 31133 note) is amended— 

20 (A) in paragraph (1) by striking ‘‘section 

21 31104(f)(2)(B) of title 49, United States Code’’ 

22 and inserting ‘‘section 31104(a)(1) of title 49, 

23 United States Code’’; and 

24 (B) by striking paragraph (3). 


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1 (f) EFFECTIVE DATE.—The amendments made by 

2 this section shall take effect on October 1, 2016. 

3 (g) TRANSITION.—Notwithstanding the amendments 

4 made by this section, the Secretary shall carry out sections 

5 31102, 31103, 31104 of title 49, United States Code, and 

6 any sections repealed under subsection (e), as necessary, 

7 as those sections were in effect on the day before October 

8 1, 2016, with respect to applications for grants, coopera9 tive agreements, or contracts under those sections sub10 mitted before October 1, 2016. 

11 SEC. 5102. PERFORMANCE AND REGISTRATION INFORMA12 TION SYSTEMS MANAGEMENT. 

13 Section 31106(b) of title 49, United States Code, is 

14 amended in the subheading by striking ‘‘PROGRAM’’ and 

15 inserting ‘‘SYSTEMS MANAGEMENT’’. 

16 SEC. 5103. AUTHORIZATION OF APPROPRIATIONS. 

17 (a) IN GENERAL.—Subchapter I of chapter 311 of 

18 title 49, United States Code, is amended by adding at the 

19 end the following: 

20 ‘‘§ 31110. Authorization of appropriations 

21 ‘‘(a) ADMINISTRATIVE EXPENSES.—There is author22 ized to be appropriated from the Highway Trust Fund 

23 (other than the Mass Transit Account) for the Secretary 

24 of Transportation to pay administrative expenses of the 

25 Federal Motor Carrier Safety Administration— 


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1 ‘‘(1) $259,000,000 for fiscal year 2016; 

2 ‘‘(2) $259,000,000 for fiscal year 2017; 

3 ‘‘(3) $259,000,000 for fiscal year 2018; 

4 ‘‘(4) $259,000,000 for fiscal year 2019; 

5 ‘‘(5) $259,000,000 for fiscal year 2020; and 

6 ‘‘(6) $259,000,000 for fiscal year 2021. 

7 ‘‘(b) USE OF FUNDS.—The funds authorized by this 

8 section shall be used for— 

9 ‘‘(1) personnel costs; 

10 ‘‘(2) administrative infrastructure; 

11 ‘‘(3) rent; 

12 ‘‘(4) information technology; 

13 ‘‘(5) programs for research and technology, in14 formation management, regulatory development, and 

15 the administration of performance and registration 

16 information systems management under section 

17 31106(b); 

18 ‘‘(6) programs for outreach and education 

19 under subsection (c); 

20 ‘‘(7) other operating expenses; 

21 ‘‘(8) conducting safety reviews of new opera22 tors; and 

23 ‘‘(9) such other expenses as may from time to 

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1 dates of the Federal Motor Carrier Safety Adminis2 tration not funded from other sources. 

3 ‘‘(c) OUTREACH AND EDUCATION PROGRAM.— 

4 ‘‘(1) IN GENERAL.—The Secretary may con5 duct, through any combination of grants, contracts, 

6 cooperative agreements, and other activities, an in7 ternal and external outreach and education program 

8 to be administered by the Administrator of the Fed9 eral Motor Carrier Safety Administration. 

10 ‘‘(2) FEDERAL SHARE.—The Federal share of 

11 an outreach and education project for which a grant, 

12 contract, or cooperative agreement is made under 

13 this subsection may be up to 100 percent of the cost 

14 of the project. 

15 ‘‘(3) FUNDING.—From amounts made available 

16 under subsection (a), the Secretary shall make avail17 able not more than $4,000,000 each fiscal year. 

18 ‘‘(d) CONTRACT AUTHORITY; INITIAL DATE OF

19 AVAILABILITY.—Amounts authorized from the Highway 

20 Trust Fund (other than the Mass Transit Account) by this 

21 section shall be available for obligation on the date of their 

22 apportionment or allocation or on October 1 of the fiscal 

23 year for which they are authorized, whichever occurs first. 


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1 ‘‘(e) FUNDING AVAILABILITY.—Amounts made avail2 able under this section shall remain available until ex3 pended. 

4 ‘‘(f) CONTRACTUAL OBLIGATION.—The approval of 

5 funds by the Secretary under this section is a contractual 

6 obligation of the Federal Government for payment of the 

7 Federal Government’s share of costs.’’. 

8 (b) CLERICAL AMENDMENT.—The analysis for chap9 ter 311 of title 49, United States Code, is amended by 

10 inserting after the item relating to section 31109 the fol11 lowing: 

‘‘31110. Authorization of appropriations.’’. 

12 (c) CONFORMING AMENDMENTS.— 

13 (1) ADMINISTRATIVE EXPENSES; AUTHORIZA14 TION OF APPROPRIATIONS.—Section 31104 of title 

15 49, United States Code, is amended— 

16 (A) by striking subsection (i); and 

17 (B) by redesignating subsections (j) and 

18 (k) as subsections (i) and (j), respectively. 

19 (2) USE OF AMOUNTS MADE AVAILABLE UNDER

20 SUBSECTION (i).—Section 4116(d) of SAFETEA– 

21 LU (49 U.S.C. 31104 note) is amended by striking 

22 ‘‘section 31104(i)’’ and inserting ‘‘section 31110’’. 

23 (3) INTERNAL COOPERATION.—Section 31161 

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1 ing ‘‘section 31104(i)’’ and inserting ‘‘section 

2 31110’’. 

3 (4) SAFETEA–LU; OUTREACH AND EDU4 CATION.—Section 4127 of SAFETEA–LU (119 

5 Stat. 1741; Public Law 109–59), and the item relat6 ing to that section in the table of contents contained 

7 in section 1(b) of that Act, are repealed. 

8 SEC. 5104. COMMERCIAL DRIVER’S LICENSE PROGRAM IM9 PLEMENTATION. 

10 (a) IN GENERAL.—Section 31313 of title 49, United 

11 States Code, is amended to read as follows: 

12 ‘‘§ 31313. Commercial driver’s license program imple13 mentation financial assistance program 

14 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

15 shall administer a financial assistance program for com16 mercial driver’s license program implementation for the 

17 purposes described in paragraphs (1) and (2). 

18 ‘‘(1) STATE COMMERCIAL DRIVER’S LICENSE

19 PROGRAM IMPLEMENTATION GRANTS.—In carrying 

20 out the program, the Secretary may make a grant 

21 to a State agency in a fiscal year— 

22 ‘‘(A) to assist the State in complying with 

23 the requirements of section 31311; 

24 ‘‘(B) in the case of a State that is making 

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1 ance with the requirements of section 31311, to 

2 improve the State’s implementation of its com3 mercial driver’s license program, including ex4 penses— 

5 ‘‘(i) for computer hardware and soft6 ware; 

7 ‘‘(ii) for publications, testing, per8 sonnel, training, and quality control; 

9 ‘‘(iii) for commercial driver’s license 

10 program coordinators; and 

11 ‘‘(iv) to implement or maintain a sys12 tem to notify an employer of an operator 

13 of a commercial motor vehicle of the sus14 pension or revocation of the operator’s 

15 commercial driver’s license consistent with 

16 the standards developed under section 

17 32303(b) of the Commercial Motor Vehicle 

18 Safety Enhancement Act of 2012 (49 

19 U.S.C. 31304 note). 

20 ‘‘(2) PRIORITY ACTIVITIES.—The Secretary 

21 may make a grant to or enter into a cooperative 

22 agreement with a State agency, local government, or 

23 any person in a fiscal year for research, development 

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1 ing to commercial drivers licensing and motor vehicle 

2 safety that— 

3 ‘‘(A) benefit all jurisdictions of the United 

4 States; 

5 ‘‘(B) address national safety concerns and 

6 circumstances; 

7 ‘‘(C) address emerging issues relating to 

8 commercial driver’s license improvements; 

9 ‘‘(D) support innovative ideas and solu10 tions to commercial driver’s license program 

11 issues; or 

12 ‘‘(E) address other commercial driver’s li13 cense issues, as determined by the Secretary. 

14 ‘‘(b) PROHIBITIONS.—A recipient may not use finan15 cial assistance funds awarded under this section to rent, 

16 lease, or buy land or buildings. 

17 ‘‘(c) REPORT.—The Secretary shall issue an annual 

18 report on the activities carried out under this section. 

19 ‘‘(d) APPORTIONMENT.—All amounts made available 

20 to carry out this section for a fiscal year shall be appor21 tioned to a recipient described in subsection (a)(2) accord22 ing to criteria prescribed by the Secretary. 

23 ‘‘(e) FUNDING.—For fiscal years beginning after 

24 September 30, 2016, this section shall be funded under 

25 section 31104.’’. 


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1 (b) CLERICAL AMENDMENT.—The analysis for chap2 ter 313 of title 49, United States Code, is amended by 

3 striking the item relating to section 31313 and inserting 

4 the following: 

‘‘31313. Commercial driver’s license program implementation financial assistance program.’’. 

5 SEC. 5105. EXTENSION OF FEDERAL MOTOR CARRIER SAFE6 TY PROGRAMS FOR FISCAL YEAR 2016. 

7 (a) MOTOR CARRIER SAFETY ASSISTANCE PROGRAM

8 GRANT EXTENSION.—Section 31104(a) of title 49, United 

9 States Code, is amended by striking paragraphs (10) and 

10 (11) and inserting the following: 

11 ‘‘(10) $218,000,000 for fiscal year 2015; and 

12 ‘‘(11) $241,480,000 for fiscal year 2016.’’. 

13 (b) EXTENSION OF GRANT PROGRAMS.—Section 

14 4101(c) of SAFETEA–LU (119 Stat. 1715; Public Law 

15 109–59) is amended to read as follows: 

16 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—The 

17 following sums are authorized to be appropriated from the 

18 Highway Trust Fund (other than the Mass Transit Ac19 count): 

20 ‘‘(1) COMMERCIAL DRIVER’S LICENSE PROGRAM

21 IMPROVEMENT GRANTS.—For carrying out the com22 mercial driver’s license program improvement grants 

23 program under section 31313 of title 49, United 

24 States Code, $30,480,000 for fiscal year 2016. 


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1 ‘‘(2) BORDER ENFORCEMENT GRANTS.—For 

2 border enforcement grants under section 31107 of 

3 that title $32,512,000 for fiscal year 2016. 

4 ‘‘(3) PERFORMANCE AND REGISTRATION INFOR5 MATION SYSTEMS MANAGEMENT GRANT PROGRAM.— 

6 For the performance and registration information 

7 systems management grant program under section 

8 31109 of that title $5,080,000 for fiscal year 2016. 

9 ‘‘(4) COMMERCIAL VEHICLE INFORMATION SYS10 TEMS AND NETWORKS DEPLOYMENT.—For carrying 

11 out the commercial vehicle information systems and 

12 networks deployment program under section 4126 of 

13 this Act $25,400,000 for fiscal year 2016. 

14 ‘‘(5) SAFETY DATA IMPROVEMENT GRANTS.— 

15 For safety data improvement grants under section 

16 4128 of this Act $3,048,000 for fiscal year 2016.’’. 

17 (c) HIGH-PRIORITY ACTIVITIES.—Section 

18 31104(j)(2) of title 49, United States Code, as redesig19 nated by this subtitle, is amended by striking ‘‘2015’’ and 

20 inserting ‘‘2016’’. 

21 (d) NEW ENTRANT AUDITS.—Section 

22 31144(g)(5)(B) of title 49, United States Code, is amend23 ed to read as follows: 

24 ‘‘(B) SET ASIDE.—The Secretary shall set 

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1 tion 31104(a) up to $32,000,000 for fiscal year 

2 2016 for audits of new entrant motor carriers 

3 conducted under this paragraph.’’. 

4 (e) GRANT PROGRAM FOR COMMERCIAL MOTOR VE5 HICLE OPERATORS.—Section 4134(c) of SAFETEA–LU 

6 (49 U.S.C. 31301 note) is amended to read as follows: 

7 ‘‘(c) FUNDING.—From amounts made available 

8 under section 31110 of title 49, United States Code, the 

9 Secretary shall make available, $1,000,000 for fiscal year 

10 2016 to carry out this section.’’. 

11 (f) COMMERCIAL VEHICLE INFORMATION SYSTEMS

12 AND NETWORKS DEPLOYMENT.— 

13 (1) IN GENERAL.—Section 4126 of SAFETEA– 

14 LU (49 U.S.C. 31106 note; 119 Stat. 1738; Public 

15 Law 109–59) is amended— 

16 (A) in subsection (c)— 

17 (i) in paragraph (2) by adding at the 

18 end the following: ‘‘Funds deobligated by 

19 the Secretary from previous year grants 

20 shall not be counted toward the 

21 $2,500,000 maximum aggregate amount 

22 for core deployment.’’; and 

23 (ii) in paragraph (3) by adding at the 

24 end the following: ‘‘Funds may also be 

25 used for planning activities, including the 


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1 development or updating of program or top 

2 level design plans.’’; and 

3 (B) in subsection (d)(4) by adding at the 

4 end the following: ‘‘Funds may also be used for 

5 planning activities, including the development 

6 or updating of program or top level design 

7 plans.’’. 

8 (2) INNOVATIVE TECHNOLOGY DEPLOYMENT

9 PROGRAM.—For fiscal year 2016, the commercial ve10 hicle information systems and networks deployment 

11 program under section 4126 of SAFETEA–LU (119 

12 Stat. 1738; Public Law 109–59) may also be re13 ferred to as the innovative technology deployment 

14 program. 

15 SEC. 5106. MOTOR CARRIER SAFETY ASSISTANCE PRO16 GRAM ALLOCATION. 

17 (a) WORKING GROUP.— 

18 (1) ESTABLISHMENT.—Not later than 180 days 

19 after the date of enactment of this Act, the Sec20 retary shall establish a motor carrier safety assist21 ance program formula working group (in this section 

22 referred to as the ‘‘working group’’). 

23 (2) MEMBERSHIP.— 


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1 (A) IN GENERAL.—Subject to subpara2 graph (B), the working group shall consist of 

3 representatives of the following: 

4 (i) The Federal Motor Carrier Safety 

5 Administration. 

6 (ii) The lead State commercial motor 

7 vehicle safety agencies responsible for ad8 ministering the plan required by section 

9 31102 of title 49, United States Code. 

10 (iii) An organization representing 

11 State agencies responsible for enforcing a 

12 program for inspection of commercial 

13 motor vehicles. 

14 (iv) Such other persons as the Sec15 retary considers necessary. 

16 (B) COMPOSITION.—Representatives of 

17 State commercial motor vehicle safety agencies 

18 shall comprise at least 51 percent of the mem19 bership. 

20 (3) NEW ALLOCATION FORMULA.—The working 

21 group shall analyze requirements and factors for the 

22 establishment of a new allocation formula for the 

23 motor carrier assistance program under section 

24 31102 of title 49, United States Code. 


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1 (4) RECOMMENDATION.—Not later than 1 year 

2 after the date the working group is established 

3 under paragraph (1), the working group shall make 

4 a recommendation to the Secretary regarding a new 

5 allocation formula for the motor carrier assistance 

6 program. 

7 (5) EXEMPTION.—The Federal Advisory Com8 mittee Act (5 U.S.C. App.) shall not apply to the 

9 working group established under this subsection. 

10 (6) PUBLICATION.—The Administrator of the 

11 Federal Motor Carrier Safety Administration shall 

12 publish on a publicly accessible Internet Web site of 

13 the Federal Motor Carrier Safety Administration— 

14 (A) summaries of the meetings of the 

15 working group; and 

16 (B) the final recommendation of the work17 ing group provided to the Secretary. 

18 (b) NOTICE OF PROPOSED RULEMAKING.—After re19 ceiving the recommendation of the working group under 

20 subsection (a)(4), the Secretary shall publish in the Fed21 eral Register a notice seeking public comment on the es22 tablishment of a new allocation formula for the motor car23 rier safety assistance program. 

24 (c) BASIS FOR FORMULA.—The Secretary shall en25 sure that the new allocation formula for the motor carrier 


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1 assistance program is based on factors that reflect, at a 

2 minimum— 

3 (1) the relative needs of the States to comply 

4 with section 31102 of title 49, United States Code; 

5 (2) the relative administrative capacities of and 

6 challenges faced by States in complying with that 

7 section; 

8 (3) the average of each State’s new entrant 

9 motor carrier inventory for the 3-year period prior 

10 to the date of enactment of this Act; 

11 (4) the number of international border inspec12 tion facilities and border crossings by commercial ve13 hicles in each State; and 

14 (5) any other factors the Secretary considers 

15 appropriate. 

16 (d) FUNDING AMOUNTS PRIOR TO DEVELOPMENT OF

17 NEW ALLOCATION FORMULA.— 

18 (1) INTERIM FORMULA.—Prior to the develop19 ment of the new allocation formula for the motor 

20 carrier assistance program, the Secretary may cal21 culate the interim funding amounts for that program 

22 in fiscal year 2017 (and later fiscal years, as nec23 essary) under section 31104(a)(1) of title 49, United 

24 States Code, as amended by this subtitle, by using 

25 the following methodology: 


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1 (A) The Secretary shall calculate the fund2 ing amount to a State using the allocation for3 mula the Secretary used to award motor carrier 

4 safety assistance program funding in fiscal year 

5 2016 under section 31102 of title 49, United 

6 States Code. 

7 (B) The Secretary shall average the fund8 ing awarded or other equitable amounts to a 

9 State in fiscal years 2013, 2014, and 2015 

10 for— 

11 (i) border enforcement grants under 

12 section 31107 of title 49, United States 

13 Code; and 

14 (ii) new entrant audit grants under 

15 section 31144(g)(5) of that title. 

16 (C) The Secretary shall add the amounts 

17 calculated in subparagraphs (A) and (B). 

18 (2) ADJUSTMENTS.—Subject to the availability 

19 of funding and notwithstanding fluctuations in the 

20 data elements used by the Secretary, the initial 

21 amounts resulting from the calculation described in 

22 paragraph (1) shall be adjusted to ensure that, for 

23 each State, the amount shall not be less than 97 

24 percent of the average amount of funding received or 


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1 other equitable amounts in fiscal years 2013, 2014, 

2 and 2015 for— 

3 (A) motor carrier safety assistance pro4 gram funds awarded to the State under section 

5 31102 of title 49, United States Code; 

6 (B) border enforcement grants awarded to 

7 the State under section 31107 of title 49, 

8 United States Code; and 

9 (C) new entrant audit grants awarded to 

10 the State under section 31144(g)(5) of title 49, 

11 United States Code. 

12 (3) IMMEDIATE RELIEF.—In developing the 

13 new allocation formula, the Secretary shall terminate 

14 the withholding of motor carrier assistance program 

15 funds from a State for at least 3 fiscal years if the 

16 State was subject to the withholding of such funds 

17 for matters of noncompliance immediately prior to 

18 the date of enactment of this Act. 

19 (4) FUTURE WITHHOLDINGS.—Beginning on 

20 the date that the new allocation formula for the 

21 motor carrier assistance program is implemented, 

22 the Secretary shall impose all future withholdings in 

23 accordance with section 31102(k) of title 49, United 

24 States Code, as amended by this subtitle. 


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1 (e) TERMINATION OF WORKING GROUP.—The work2 ing group established under subsection (a) shall terminate 

3 on the date of the implementation of a new allocation for4 mula for the motor carrier safety assistance program. 

5 SEC. 5107. MAINTENANCE OF EFFORT CALCULATION. 

6 (a) BEFORE NEW ALLOCATION FORMULA.— 

7 (1) FISCAL YEAR 2017.—If a new allocation for8 mula for the motor carrier safety assistance program 

9 has not been established under this subtitle for fiscal 

10 year 2017, the Secretary shall calculate for fiscal 

11 year 2017 the maintenance of effort baseline re12 quired under section 31102(f) of title 49, United 

13 States Code, as amended by this subtitle, by aver14 aging the expenditures for fiscal years 2004 and 

15 2005 required by section 31102(b)(4) of title 49, 

16 United States Code, as that section was in effect on 

17 the day before the date of enactment of this Act. 

18 (2) SUBSEQUENT FISCAL YEARS.—The Sec19 retary may use the methodology for calculating the 

20 maintenance of effort baseline specified in paragraph 

21 (1) for fiscal year 2018 and subsequent fiscal years 

22 if a new allocation formula for the motor carrier 

23 safety assistance program has not been established 

24 for that fiscal year. 


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1 (b) BEGINNING WITH NEW ALLOCATION FORMA2 TION.— 

3 (1) IN GENERAL.—Subject to paragraphs (2) 

4 and (3)(B), beginning on the date that a new alloca5 tion formula for the motor carrier safety assistance 

6 program is established under this subtitle, upon the 

7 request of a State, the Secretary may waive or mod8 ify the baseline maintenance of effort required of the 

9 State by section 31102(e) of title 49, United States 

10 Code, as amended by this subtitle, for the purpose 

11 of establishing a new baseline maintenance of effort 

12 if the Secretary determines that a waiver or modi13 fication— 

14 (A) is equitable due to reasonable cir15 cumstances; 

16 (B) will ensure the continuation of com17 mercial motor vehicle enforcement activities in 

18 the State; and 

19 (C) is necessary to ensure that the total 

20 amount of State maintenance of effort and 

21 matching expenditures required under sections 

22 31102 and 31104 of title 49, United States 

23 Code, as amended by this subtitle, does not ex24 ceed a sum greater than the average of the 

25 total amount of State maintenance of effort and 


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1 matching expenditures required under those 

2 sections for the 3 fiscal years prior to the date 

3 of enactment of this Act. 

4 (2) ADJUSTMENT METHODOLOGY.—If re5 quested by a State, the Secretary may modify the 

6 maintenance of effort baseline referred to in para7 graph (1) for the State according to the following 

8 methodology: 

9 (A) The Secretary shall establish the main10 tenance of effort baseline for the State using 

11 the average baseline of fiscal years 2004 and 

12 2005, as required by section 31102(b)(4) of 

13 title 49, United States Code, as that section 

14 was in effect on the day before the date of en15 actment of this Act. 

16 (B) The Secretary shall calculate the aver17 age required match by a lead State commercial 

18 motor vehicle safety agency for fiscal years 

19 2013, 2014, and 2015 for motor carrier safety 

20 assistance grants established at 20 percent by 

21 section 31103 of title 49, United States Code, 

22 as that section was in effect on the day before 

23 the date of enactment of this Act. 

24 (C) The Secretary shall calculate the esti25 mated match required under section 31104(b) 


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1 of title 49, United States Code, as amended by 

2 this subtitle. 

3 (D) The Secretary shall subtract the 

4 amount in subparagraph (B) from the amount 

5 in subparagraph (C) and— 

6 (i) if the number is greater than 0, 

7 the Secretary shall subtract the number 

8 from the amount in subparagraph (A); or 

9 (ii) if the number is not greater than 

10 0, the Secretary shall calculate the mainte11 nance of effort using the methodology in 

12 subparagraph (A). 

13 (3) MAINTENANCE OF EFFORT AMOUNT.— 

14 (A) IN GENERAL.—The Secretary shall use 

15 the amount calculated under paragraph (2) as 

16 the baseline maintenance of effort required 

17 under section 31102(f) of title 49, United 

18 States Code, as amended by this subtitle. 

19 (B) DEADLINE.—If a State does not re20 quest a waiver or modification under this sub21 section before September 30 during the first 

22 fiscal year that the Secretary implements a new 

23 allocation formula for the motor carrier safety 

24 assistance program under this subtitle, the Sec25 retary shall calculate the maintenance of effort 


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1 using the methodology described in paragraph 

2 (2)(A). 

3 (4) MAINTENANCE OF EFFORT DESCRIBED.— 

4 The maintenance of effort calculated under this sec5 tion is the amount required under section 31102(f) 

6 of title 49, United States Code, as amended by this 

7 subtitle. 

8 (c) TERMINATION OF EFFECTIVENESS.—The author9 ity of the Secretary under this section shall terminate ef10 fective on the date that a new maintenance of effort base11 line is calculated based on a new allocation formula for 

12 the motor carrier safety assistance program implemented 

13 under section 31102 of title 49, United States Code. 

14 Subtitle B—Federal Motor Carrier 

15 Safety Administration Reform 

16 PART I—REGULATORY REFORM 

17 SEC. 5201. NOTICE OF CANCELLATION OF INSURANCE. 

18 Section 13906(e) of title 49, United States Code, is 

19 amended by inserting ‘‘or suspend’’ after ‘‘revoke’’. 

20 SEC. 5202. REGULATIONS. 

21 Section 31136 of title 49, United States Code, is 

22 amended— 

23 (1) by redesignating subsection (f) as sub24 section (g) and transferring such subsection to ap25 pear at the end of section 31315 of such title; and 


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1 (2) by adding at the end the following: 

2 ‘‘(f) REGULATORY IMPACT ANALYSIS.—Within each 

3 regulatory impact analysis of a proposed or final rule 

4 issued by the Federal Motor Carrier Safety Administra5 tion, the Secretary shall, whenever practicable— 

6 ‘‘(1) consider the effects of the proposed or 

7 final rule on different segments of the motor carrier 

8 industry; 

9 ‘‘(2) formulate estimates and findings based on 

10 the best available science; and 

11 ‘‘(3) utilize available data specific to the dif12 ferent types of motor carriers, including small and 

13 large carriers, and drivers that will be impacted by 

14 the proposed or final rule. 

15 ‘‘(g) PUBLIC PARTICIPATION.— 

16 ‘‘(1) IN GENERAL.—If a proposed rule promul17 gated under this part is likely to lead to the promul18 gation of a major rule, the Secretary, before promul19 gating such proposed rule, shall— 

20 ‘‘(A) issue an advance notice of proposed 

21 rulemaking; or 

22 ‘‘(B) proceed with a negotiated rule23 making. 


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1 ‘‘(2) REQUIREMENTS.—Each advance notice of 

2 proposed rulemaking issued under paragraph (1) 

3 shall— 

4 ‘‘(A) identify the need for a potential regu5 latory action; 

6 ‘‘(B) identify and request public comment 

7 on the best available science or technical infor8 mation relevant to analyzing potential regu9 latory alternatives; 

10 ‘‘(C) request public comment on the avail11 able data and costs with respect to regulatory 

12 alternatives reasonably likely to be considered 

13 as part of the rulemaking; and 

14 ‘‘(D) request public comment on available 

15 alternatives to regulation. 

16 ‘‘(3) WAIVER.—This subsection does not apply 

17 to a proposed rule if the Secretary, for good cause, 

18 finds (and incorporates the finding and a brief state19 ment of reasons for such finding in the proposed or 

20 final rule) that an advance notice of proposed rule21 making is impracticable, unnecessary, or contrary to 

22 the public interest. 

23 ‘‘(h) REVIEW OF RULES.— 


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1 ‘‘(1) IN GENERAL.—Once every 5 years, the 

2 Secretary shall conduct a review of regulations 

3 issued under this part. 

4 ‘‘(2) SCHEDULE.—At the beginning of each 5- 

5 year review period, the Secretary shall publish a 

6 schedule that sets forth the plan for completing the 

7 review under paragraph (1) within 5 years. 

8 ‘‘(3) NOTIFICATION OF CHANGES.—During 

9 each review period, the Secretary shall address any 

10 changes to the schedule published under paragraph 

11 (2) and notify the public of such changes. 

12 ‘‘(4) CONSIDERATION OF PETITIONS.—In con13 ducting a review under paragraph (1), the Secretary 

14 shall consider petitions for regulatory action under 

15 this part received by the Administrator of the Fed16 eral Motor Carrier Safety Administration. 

17 ‘‘(5) ASSESSMENT.—At the conclusion of each 

18 review under paragraph (1), the Secretary shall pub19 lish on a publicly accessible Internet Web site of the 

20 Department of Transportation an assessment that 

21 includes— 

22 ‘‘(A) an inventory of the regulations issued 

23 during the 5-year period ending on the date on 

24 which the assessment is published; 


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1 ‘‘(B) a determination of whether the regu2 lations are— 

3 ‘‘(i) consistent and clear; 

4 ‘‘(ii) current with the operational re5 alities of the motor carrier industry; and 

6 ‘‘(iii) uniformly enforced; and 

7 ‘‘(C) an assessment of whether the regula8 tions continue to be necessary. 

9 ‘‘(6) RULEMAKING.—Not later than 2 years 

10 after the completion of each review under this sub11 section, the Secretary shall initiate a rulemaking to 

12 amend regulations as necessary to address the deter13 minations made under paragraph (5)(B) and the re14 sults of the assessment under paragraph (5)(C). 

15 ‘‘(i) RULE OF CONSTRUCTION.—Nothing in sub16 section (f) or (g) may be construed to limit the contents 

17 of an advance notice of proposed rulemaking.’’. 

18 SEC. 5203. GUIDANCE. 

19 (a) IN GENERAL.— 

20 (1) DATE OF ISSUANCE AND POINT OF CON21 TACT.—Each guidance document issued by the Fed22 eral Motor Carrier Safety Administration shall have 

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1 tion of a point of contact at the Administration who 

2 can respond to questions regarding the guidance. 

3 (2) PUBLIC ACCESSIBILITY.— 

4 (A) IN GENERAL.—Each guidance docu5 ment issued or revised by the Federal Motor 

6 Carrier Safety Administration shall be pub7 lished on a publicly accessible Internet Web site 

8 of the Department on the date of issuance or 

9 revision. 

10 (B) REDACTION.—The Administrator of 

11 the Federal Motor Carrier Safety Administra12 tion may redact from a guidance document pub13 lished under subparagraph (A) any information 

14 that would reveal investigative techniques that 

15 would compromise Administration enforcement 

16 efforts. 

17 (3) INCORPORATION INTO REGULATIONS.—Not 

18 later than 5 years after the date on which a guid19 ance document is published under paragraph (2) or 

20 during an applicable review under subsection (c), 

21 whichever is earlier, the Secretary shall revise regu22 lations to incorporate the guidance document to the 

23 extent practicable. 


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1 (4) REISSUANCE.—If a guidance document is 

2 not incorporated into regulations in accordance with 

3 paragraph (3), the Administrator shall— 

4 (A) reissue an updated version of the guid5 ance document; and 

6 (B) review and reissue an updated version 

7 of the guidance document every 5 years until 

8 the date on which the guidance document is re9 moved or incorporated into applicable regula10 tions. 

11 (b) INITIAL REVIEW.—Not later than 1 year after the 

12 date of enactment of this Act, the Administrator shall re13 view all guidance documents published under subsection 

14 (a) to ensure that such documents are current, are readily 

15 accessible to the public, and meet the standards specified 

16 in subparagraphs (A), (B), and (C) of subsection (c)(1). 

17 (c) REGULAR REVIEW.— 

18 (1) IN GENERAL.—Subject to paragraph (2), 

19 not less than once every 5 years, the Administrator 

20 shall conduct a comprehensive review of the guid21 ance documents issued by the Federal Motor Carrier 

22 Safety Administration to determine whether such 

23 documents are— 

24 (A) consistent and clear; 


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1 (B) uniformly and consistently enforced; 

2 and 

3 (C) still necessary. 

4 (2) NOTICE AND COMMENT.—Prior to begin5 ning a review under paragraph (1), the Adminis6 trator shall publish in the Federal Register a notice 

7 and request for comment that solicits input from 

8 stakeholders on which guidance documents should be 

9 updated or eliminated. 

10 (3) REPORT.— 

11 (A) IN GENERAL.—Not later than 60 days 

12 after the date on which a review under para13 graph (1) is completed, the Administrator shall 

14 publish on a publicly accessible Internet Web 

15 site of the Department a report detailing the 

16 review and a full inventory of the guidance doc17 uments of the Administration. 

18 (B) CONTENTS.—A report under subpara19 graph (A) shall include a summary of the re20 sponse of the Administration to each comment 

21 received under paragraph (2). 

22 (d) GUIDANCE DOCUMENT DEFINED.—In this sec23 tion, the term ‘‘guidance document’’ means a document 

24 issued by the Federal Motor Carrier Safety Administra25 tion that— 


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1 (1) provides an interpretation of a regulation of 

2 the Administration; or 

3 (2) includes an enforcement policy of the Ad4 ministration. 

5 SEC. 5204. PETITIONS. 

6 (a) IN GENERAL.—The Administrator of the Federal 

7 Motor Carrier Safety Administration shall— 

8 (1) publish on a publicly accessible Internet 

9 Web site of the Department a summary of all peti10 tions for regulatory action submitted to the Adminis11 tration; 

12 (2) prioritize the petitions submitted based on 

13 the likelihood of safety improvements resulting from 

14 the regulatory action requested; 

15 (3) not later than 180 days after the date a 

16 summary of a petition is published under paragraph 

17 (1), formally respond to such petition by indicating 

18 whether the Administrator will accept, deny, or fur19 ther review the petition; 

20 (4) prioritize responses to petitions consistent 

21 with a response’s potential to reduce crashes, im22 prove enforcement, and reduce unnecessary burdens; 

23 and 

24 (5) not later than 60 days after the date of re25 ceipt of a petition, publish on a publicly accessible 


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1 Internet Web site of the Department an updated in2 ventory of the petitions described in paragraph (1), 

3 including any applicable disposition information for 

4 those petitions. 

5 (b) PETITION DEFINED.—In this section, the term 

6 ‘‘petition’’ means a request for a new regulation, a regu7 latory interpretation or clarification, or a review of a regu8 lation to eliminate or modify an obsolete, ineffective, or 

9 overly-burdensome regulation. 

10 PART II—COMPLIANCE, SAFETY, 

11 ACCOUNTABILITY REFORM 

12 SEC. 5221. CORRELATION STUDY. 

13 (a) IN GENERAL.—The Administrator of the Federal 

14 Motor Carrier Safety Administration (referred to in this 

15 part as the ‘‘Administrator’’) shall commission the Na16 tional Research Council of the National Academies to con17 duct a study of— 

18 (1) the Compliance, Safety, Accountability pro19 gram of the Federal Motor Carrier Safety Adminis20 tration (referred to in this part as the ‘‘CSA pro21 gram’’); and 

22 (2) the Safety Measurement System utilized by 

23 the CSA program (referred to in this part as the 

24 ‘‘SMS’’). 


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1 (b) SCOPE OF STUDY.—In carrying out the study 

2 commissioned pursuant to subsection (a), the National Re3 search Council— 

4 (1) shall analyze— 

5 (A) the accuracy with which the Behavior 

6 Analysis and Safety Improvement Categories 

7 (referred to in this part as ‘‘BASIC’’)— 

8 (i) identify high risk carriers; and 

9 (ii) predict or are correlated with fu10 ture crash risk, crash severity, or other 

11 safety indicators for motor carriers; 

12 (B) the methodology used to calculate 

13 BASIC percentiles and identify carriers for en14 forcement, including the weights assigned to 

15 particular violations and the tie between crash 

16 risk and specific regulatory violations, with re17 spect to accurately identifying and predicting 

18 future crash risk for motor carriers; 

19 (C) the relative value of inspection infor20 mation and roadside enforcement data; 

21 (D) any data collection gaps or data suffi22 ciency problems that may exist and the impact 

23 of those gaps and problems on the efficacy of 

24 the CSA program; 


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1 (E) the accuracy of safety data, including 

2 the use of crash data from crashes in which a 

3 motor carrier was free from fault; 

4 (F) whether BASIC percentiles for motor 

5 carriers of passengers should be calculated dif6 ferently than for motor carriers of freight; 

7 (G) the differences in the rates at which 

8 safety violations are reported to the Federal 

9 Motor Carrier Safety Administration for inclu10 sion in the SMS by various enforcement au11 thorities, including States, territories, and Fed12 eral inspectors; and 

13 (H) how members of the public use the 

14 SMS and what effect making the SMS informa15 tion public has had on reducing crashes and 

16 eliminating unsafe motor carriers from the in17 dustry; and 

18 (2) shall consider— 

19 (A) whether the SMS provides comparable 

20 precision and confidence, through SMS alerts 

21 and percentiles, for the relative crash risk of in22 dividual large and small motor carriers; 

23 (B) whether alternatives to the SMS would 

24 identify high risk carriers more accurately; and 


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1 (C) the recommendations and findings of 

2 the Comptroller General of the United States 

3 and the Inspector General of the Department, 

4 and independent review team reports, issued be5 fore the date of enactment of this Act. 

6 (c) REPORT.—Not later than 18 months after the 

7 date of enactment of this Act, the Administrator shall sub8 mit a report containing the results of the study commis9 sioned pursuant to subsection (a) to— 

10 (1) the Committee on Commerce, Science, and 

11 Transportation of the Senate; 

12 (2) the Committee on Transportation and In13 frastructure of the House of Representatives; and 

14 (3) the Inspector General of the Department. 

15 (d) CORRECTIVE ACTION PLAN.— 

16 (1) IN GENERAL.—Not later than 120 days 

17 after the Administrator submits the report under 

18 subsection (c), if that report identifies a deficiency 

19 or opportunity for improvement in the CSA program 

20 or in any element of the SMS, the Administrator 

21 shall submit to the Committee on Commerce, 

22 Science, and Transportation of the Senate and the 

23 Committee on Transportation and Infrastructure of 

24 the House of Representatives a corrective action 

25 plan that— 


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1 (A) responds to the deficiencies or opportu2 nities identified by the report; 

3 (B) identifies how the Federal Motor Car4 rier Safety Administration will address such de5 ficiencies or opportunities; and 

6 (C) provides an estimate of the cost, in7 cluding with respect to changes in staffing, en8 forcement, and data collection, necessary to ad9 dress such deficiencies or opportunities. 

10 (2) PROGRAM REFORMS.—The corrective action 

11 plan submitted under paragraph (1) shall include an 

12 implementation plan that— 

13 (A) includes benchmarks; 

14 (B) includes programmatic reforms, revi15 sions to regulations, or proposals for legislation; 

16 and 

17 (C) shall be considered in any rulemaking 

18 by the Department that relates to the CSA pro19 gram, including the SMS. 

20 (e) INSPECTOR GENERAL REVIEW.—Not later than 

21 120 days after the Administrator submits a corrective ac22 tion plan under subsection (d), the Inspector General of 

23 the Department shall— 

24 (1) review the extent to which such plan imple25 ments— 


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1 (A) recommendations contained in the re2 port submitted under subsection (c); and 

3 (B) relevant recommendations issued by 

4 the Comptroller General or the Inspector Gen5 eral before the date of enactment of this Act; 

6 and 

7 (2) submit to the Committee on Commerce, 

8 Science, and Transportation of the Senate and the 

9 Committee on Transportation and Infrastructure of 

10 the House of Representatives a report on the re11 sponsiveness of the corrective action plan to the rec12 ommendations described in paragraph (1). 

13 SEC. 5222. BEYOND COMPLIANCE. 

14 (a) IN GENERAL.—Not later than 18 months after 

15 the date of enactment of this Act, the Administrator shall 

16 incorporate into the CSA program a methodology to allow 

17 recognition and an improved SMS score for— 

18 (1) the installation of advanced safety equip19 ment; 

20 (2) the use of enhanced driver fitness measures; 

21 (3) the adoption of fleet safety management 

22 tools, technologies, and programs; or 

23 (4) other metrics as determined appropriate by 

24 the Administrator. 


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1 (b) QUALIFICATION.—The Administrator, after pro2 viding notice and an opportunity for comment, shall de3 velop technical or other performance standards with re4 spect to advanced safety equipment, enhanced driver fit5 ness measures, fleet safety management tools, tech6 nologies, and programs, and other metrics for purposes 

7 of subsection (a). 

8 (c) REPORT.—Not later than 18 months after the in9 corporation of the methodology under subsection (a), the 

10 Administrator shall submit to the Committee on Trans11 portation and Infrastructure of the House of Representa12 tives and the Committee on Commerce, Science, and 

13 Transportation of the Senate a report on the number of 

14 motor carriers receiving recognition and improved scores 

15 under such methodology and the safety performance of 

16 such carriers. 

17 SEC. 5223. DATA CERTIFICATION. 

18 (a) IN GENERAL.—On and after the date that is 1 

19 day after the date of enactment of this Act, no information 

20 regarding analysis of violations, crashes in which a deter21 mination is made that the motor carrier or the commercial 

22 motor vehicle driver is not at fault, alerts, or the relative 

23 percentile for each BASIC developed under the CSA pro24 gram may be made available to the public (including 

25 through requests under section 552 of title 5, United 


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1 States Code) until the Inspector General of the Depart2 ment certifies that— 

3 (1) the report required under section 5221(c) 

4 has been submitted in accordance with that section; 

5 (2) any deficiencies identified in the report re6 quired under section 5221(c) have been addressed; 

7 (3) if applicable, the corrective action plan 

8 under section 5221(d) has been implemented; 

9 (4) the Administrator of the Federal Motor 

10 Carrier Safety Administration has fully implemented 

11 or satisfactorily addressed the issues raised in the 

12 report titled ‘‘Modifying the Compliance, Safety, Ac13 countability Program Would Improve the Ability to 

14 Identify High Risk Carriers’’ of the Government Ac15 countability Office and dated February 2014 (GAO– 

16 14–114); and 

17 (5) the CSA program has been modified in ac18 cordance with section 5222. 

19 (b) LIMITATION ON THE USE OF CSA ANALYSIS.— 

20 Information regarding alerts and the relative percentile for 

21 each BASIC developed under the CSA program may not 

22 be used for safety fitness determinations until the Inspec23 tor General of the Department makes the certification 

24 under subsection (a). 


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1 (c) CONTINUED PUBLIC AVAILABILITY OF DATA.— 

2 Notwithstanding any other provision of this section, in3 spection and violation information submitted to the Fed4 eral Motor Carrier Safety Administration by commercial 

5 motor vehicle inspectors and qualified law enforcement of6 ficials, out-of-service rates, and absolute measures shall 

7 remain available to the public. 

8 (d) EXCEPTIONS.— 

9 (1) IN GENERAL.—Notwithstanding any other 

10 provision of this section— 

11 (A) the Federal Motor Carrier Safety Ad12 ministration and State and local commercial 

13 motor vehicle enforcement agencies may use the 

14 information referred to in subsection (a) for 

15 purposes of investigation and enforcement 

16 prioritization; and 

17 (B) a motor carrier and a commercial 

18 motor vehicle driver may access information re19 ferred to in subsection (a) that relates directly 

20 to the motor carrier or driver, respectively. 

21 (2) RULE OF CONSTRUCTION.—Nothing in this 

22 section may be construed to restrict the official use 

23 by State enforcement agencies of the data collected 

24 by State enforcement personnel. 


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1 SEC. 5224. INTERIM HIRING STANDARD. 

2 (a) DEFINITIONS.—In this section, the following defi3 nitions apply: 

4 (1) ENTITY.—The term ‘‘entity’’ means a per5 son acting as— 

6 (A) a shipper, other than an individual 

7 shipper (as that term is defined in section 

8 13102 of title 49, United States Code), or a 

9 consignee; 

10 (B) a broker or a freight forwarder (as 

11 such terms are defined in section 13102 of title 

12 49, United States Code); 

13 (C) a non-vessel-operating common carrier, 

14 an ocean freight forwarder, or an ocean trans15 portation intermediary (as such terms are de16 fined in section 40102 of title 46, United States 

17 Code); 

18 (D) an indirect air carrier authorized to 

19 operate under a Standard Security Program ap20 proved by the Transportation Security Adminis21 tration; 

22 (E) a customs broker licensed in accord23 ance with section 111.2 of title 19, Code of 

24 Federal Regulations; 


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1 (F) an interchange motor carrier subject 

2 to paragraphs (1)(B) and (2) of section 

3 13902(i) of title 49, United States Code; or 

4 (G) a warehouse (as defined in section 7– 

5 102(13) of the Uniform Commercial Code). 

6 (2) MOTOR CARRIER.—The term ‘‘motor car7 rier’’ means a motor carrier (as that term is defined 

8 in section 13102 of title 49, United States Code) 

9 that is subject to Federal motor carrier financial re10 sponsibility and safety regulations. 

11 (b) HIRING STANDARD.—Subsection (c) shall only be 

12 applicable to entities who, before tendering a shipment, 

13 but not more than 35 days before the pickup of the ship14 ment by the hired motor carrier, verify that the motor car15 rier, at the time of such verification— 

16 (1) is registered with and authorized by the 

17 Federal Motor Carrier Safety Administration to op18 erate as a motor carrier, if applicable; 

19 (2) has the minimum insurance coverage re20 quired by Federal law; and 

21 (3) has a satisfactory safety fitness determina22 tion issued by the Federal Motor Carrier Safety Ad23 ministration in force. 

24 (c) INTERIM USE OF DATA.— 


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1 (1) IN GENERAL.—With respect to an entity 

2 who completed a verification under subsection (b), 

3 only information regarding the entity’s compliance 

4 or noncompliance with subsection (b) may be admit5 ted as evidence or otherwise used against the entity 

6 in a civil action for damages resulting from a claim 

7 of negligent selection or retention of a motor carrier. 

8 (2) EXCLUDED EVIDENCE.—With respect to an 

9 entity who completed a verification under subsection 

10 (b), motor carrier data (other than the information 

11 described in paragraph (1)) created or maintained 

12 by the Federal Motor Carrier Safety Administration, 

13 including SMS data or analysis of such data, may 

14 not be admitted into evidence in a case or pro15 ceeding in which it is asserted or alleged that the en16 tity’s selection or retention of a motor carrier was 

17 negligent. 

18 (d) SUNSET.—This section shall cease to be effective 

19 on the date on which the Inspector General of the Depart20 ment makes the certification under section 5223(a). 

21 Subtitle C—Commercial Motor 

22 Vehicle Safety 

23 SEC. 5301. IMPLEMENTING SAFETY REQUIREMENTS. 

24 (a) NATIONAL CLEARINGHOUSE FOR CONTROLLED

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1 CIAL MOTOR VEHICLE OPERATORS.—If the deadline es2 tablished under section 31306a(a)(1) of title 49, United 

3 States Code, has not been met, not later than 30 days 

4 after the date of enactment of this Act, the Secretary of 

5 Transportation shall submit to the Committee on Trans6 portation and Infrastructure of the House of Representa7 tives and the Committee on Commerce, Science, and 

8 Transportation of the Senate written notification that— 

9 (1) explains why such deadline has not been 

10 met; and 

11 (2) establishes a new deadline for completion of 

12 the requirements of such section. 

13 (b) ELECTRONIC LOGGING DEVICES.—If the deadline 

14 established under section 31137(a) of title 49, United 

15 States Code, has not been met, not later than 30 days 

16 after the date of enactment of this Act, the Secretary shall 

17 submit to the Committee on Transportation and Infra18 structure of the House of Representatives and the Com19 mittee on Commerce, Science, and Transportation of the 

20 Senate written notification that— 

21 (1) explains why such deadline has not been 

22 met; and 

23 (2) establishes a new deadline for completion of 

24 the requirements of such section. 


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1 (c) STANDARDS FOR TRAINING.—If the deadline es2 tablished under section 31305(c) of title 49, United States 

3 Code, has not been met, not later than 30 days after the 

4 date of enactment of this Act, the Secretary shall submit 

5 to the Committee on Transportation and Infrastructure 

6 of the House of Representatives and the Committee on 

7 Commerce, Science, and Transportation of the Senate 

8 written notification that— 

9 (1) explains why such deadline has not been 

10 met; and 

11 (2) establishes a new deadline for completion of 

12 the requirements of such section. 

13 (d) FURTHER RESPONSIBILITIES.—If the Secretary 

14 determines that a deadline established under subsection 

15 (a)(2), (b)(2), or (c)(2) cannot be met, not later than 30 

16 days after the date on which such determination is made, 

17 the Secretary shall submit to the Committee on Transpor18 tation and Infrastructure of the House of Representatives 

19 and the Committee on Commerce, Science, and Transpor20 tation of the Senate written notification that— 

21 (1) explains why such deadline cannot be met; 

22 and 

23 (2) establishes a new deadline for completion of 

24 the relevant requirements. 


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1 SEC. 5302. WINDSHIELD MOUNTED SAFETY TECHNOLOGY. 

2 (a) IN GENERAL.—Not later than 180 days after the 

3 date of enactment of this Act, the Secretary shall issue 

4 regulations to modify section 393.60(e)(1) of title 49, 

5 Code of Federal Regulations, to permanently allow the vol6 untary mounting on the inside of a vehicle’s windshield, 

7 within the area swept by windshield wipers, of vehicle safe8 ty technologies, if the Secretary determines that such 

9 mounting is likely to achieve a level of safety that is equiv10 alent to, or greater than, the level of safety that would 

11 be achieved without such mounting. 

12 (b) VEHICLE SAFETY TECHNOLOGY DEFINED.—In 

13 this section, the term ‘‘vehicle safety technology’’ includes 

14 lane departure warning systems, collision avoidance sys15 tems, on-board video event recording devices, and any 

16 other technology determined appropriate by the Secretary. 

17 (c) RULE OF CONSTRUCTION.—Nothing in this sec18 tion may be construed to alter the terms of a short-term 

19 exemption from section 393.60(e) of title 49, Code of Fed20 eral Regulations, granted and in effect as of the date of 

21 enactment of this Act. 

22 SEC. 5303. PRIORITIZING STATUTORY RULEMAKINGS. 

23 The Administrator of the Federal Motor Carrier 

24 Safety Administration shall prioritize the completion of 

25 each outstanding rulemaking required by statute before 

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1 termines that there is a significant need for such other 

2 rulemaking. 

3 SEC. 5304. SAFETY REPORTING SYSTEM. 

4 (a) IN GENERAL.—Not later than 1 year after the 

5 date of enactment of this Act, the Comptroller General 

6 of the United States shall submit to the Committee on 

7 Commerce, Science, and Transportation of the Senate and 

8 the Committee on Transportation and Infrastructure of 

9 the House of Representatives a report on the cost and fea10 sibility of establishing a self-reporting system for commer11 cial motor vehicle drivers or motor carriers with respect 

12 to en route equipment failures. 

13 (b) CONTENTS.—The report required under sub14 section (a) shall include— 

15 (1) an analysis of— 

16 (A) alternatives for the reporting of equip17 ment failures in real time, including an Internet 

18 Web site or telephone hotline; 

19 (B) the ability of a commercial motor vehi20 cle driver or a motor carrier to provide to the 

21 Federal Motor Carrier Safety Administration 

22 proof of repair of a self-reported equipment fail23 ure; 

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1 reported equipment failures proven to be re2 paired are not used in the calculation of Behav3 ior Analysis and Safety Improvement Category 

4 scores; 

5 (D) the ability of roadside inspectors to ac6 cess self-reported equipment failures; 

7 (E) the cost to establish and administer a 

8 self-reporting system; 

9 (F) the ability for a self-reporting system 

10 to track individual commercial motor vehicles 

11 through unique identifiers; and 

12 (G) whether a self-reporting system would 

13 yield demonstrable safety benefits; 

14 (2) an identification of any regulatory or statu15 tory impediments to the implementation of a self-re16 porting system; and 

17 (3) recommendations on implementing a self-re18 porting system. 

19 SEC. 5305. NEW ENTRANT SAFETY REVIEW PROGRAM. 

20 (a) IN GENERAL.—The Secretary shall conduct an 

21 assessment of the new operator safety review program 

22 under section 31144(g) of title 49, United States Code, 

23 including the program’s effectiveness in reducing crashes, 

24 fatalities, and injuries involving commercial motor vehicles 

25 and improving commercial motor vehicle safety. 


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1 (b) REPORT.—Not later than 1 year after the date 

2 of enactment of this Act, the Secretary shall publish on 

3 a publicly accessible Internet Web site of the Department 

4 and submit to the Committee on Commerce, Science, and 

5 Transportation of the Senate and the Committee on 

6 Transportation and Infrastructure of the House of Rep7 resentatives a report on the results of the assessment con8 ducted under subsection (a), including any recommenda9 tions for improving the effectiveness of the program (in10 cluding recommendations for legislative changes). 

11 Subtitle D—Commercial Motor 

12 Vehicle Drivers 

13 SEC. 5401. OPPORTUNITIES FOR VETERANS. 

14 (a) STANDARDS FOR TRAINING AND TESTING OF

15 VETERAN OPERATORS.—Section 31305 of title 49, United 

16 States Code, is amended by adding at the end the fol17 lowing: 

18 ‘‘(d) STANDARDS FOR TRAINING AND TESTING OF

19 VETERAN OPERATORS.— 

20 ‘‘(1) IN GENERAL.—Not later than December 

21 31, 2016, the Secretary shall modify the regulations 

22 prescribed under subsections (a) and (c) to— 

23 ‘‘(A) exempt a covered individual from all 

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1 serve components driving vehicles similar to a 

2 commercial motor vehicle; 

3 ‘‘(B) ensure that a covered individual may 

4 apply for an exemption under subparagraph (A) 

5 during, at least, the 1-year period beginning on 

6 the date on which such individual separates 

7 from service in the armed forces or reserve 

8 components; and 

9 ‘‘(C) credit the training and knowledge a 

10 covered individual received in the armed forces 

11 or reserve components driving vehicles similar 

12 to a commercial motor vehicle for purposes of 

13 satisfying minimum standards for training and 

14 knowledge. 

15 ‘‘(2) DEFINITIONS.—In this subsection, the fol16 lowing definitions apply: 

17 ‘‘(A) ARMED FORCES.—The term ‘armed 

18 forces’ has the meaning given that term in sec19 tion 101(a)(4) of title 10. 

20 ‘‘(B) COVERED INDIVIDUAL.—The term 

21 ‘covered individual’ means— 

22 ‘‘(i) a former member of the armed 

23 forces; or 

24 ‘‘(ii) a former member of the reserve 

25 components. 


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1 ‘‘(C) RESERVE COMPONENTS.—The term 

2 ‘reserve components’ means— 

3 ‘‘(i) the Army National Guard of the 

4 United States; 

5 ‘‘(ii) the Army Reserve; 

6 ‘‘(iii) the Navy Reserve; 

7 ‘‘(iv) the Marine Corps Reserve; 

8 ‘‘(v) the Air National Guard of the 

9 United States; 

10 ‘‘(vi) the Air Force Reserve; and 

11 ‘‘(vii) the Coast Guard Reserve.’’. 

12 (b) IMPLEMENTATION OF THE MILITARY COMMER13 CIAL DRIVER’S LICENSE ACT.—Not later than December 

14 31, 2015, the Secretary shall issue final regulations to im15 plement the exemption to the domicile requirement under 

16 section 31311(a)(12)(C) of title 49, United States Code. 

17 (c) CONFORMING AMENDMENT.—Section 

18 31311(a)(12)(C)(ii) of title 49, United States Code, is 

19 amended to read as follows: 

20 ‘‘(ii) is an active duty member of— 

21 ‘‘(I) the armed forces (as that term is 

22 defined in section 101(a)(4) of title 10); or 

23 ‘‘(II) the reserve components (as that 

24 term is defined in section 31305(d)(2)(C) 

25 of this title); and’’. 


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1 SEC. 5402. DRUG FREE COMMERCIAL DRIVERS. 

2 (a) IN GENERAL.—Section 31306 of title 49, United 

3 States Code, is amended— 

4 (1) in subsection (b)(1)— 

5 (A) by redesignating subparagraph (B) as 

6 subparagraph (C); 

7 (B) in subparagraph (A) by striking ‘‘The 

8 regulations shall permit such motor carriers to 

9 conduct preemployment testing of such employ10 ees for the use of alcohol.’’; and 

11 (C) by inserting after subparagraph (A) 

12 the following: 

13 ‘‘(B) The regulations prescribed under subparagraph 

14 (A) shall permit motor carriers— 

15 ‘‘(i) to conduct preemployment testing of com16 mercial motor vehicle operators for the use of alco17 hol; and 

18 ‘‘(ii) to use hair testing as an acceptable alter19 native to urine testing— 

20 ‘‘(I) in conducting preemployment testing 

21 for the use of a controlled substance; and 

22 ‘‘(II) in conducting random testing for the 

23 use of a controlled substance if the operator 

24 was subject to hair testing for preemployment 

25 testing.’’; 

26 (2) in subsection (b)(2)— 


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1 (A) in subparagraph (A) by striking ‘‘and’’ 

2 at the end; 

3 (B) in subparagraph (B) by striking the 

4 period at the end and inserting ‘‘; and’’; and 

5 (C) by adding at the end the following: 

6 ‘‘(C) shall provide an exemption from hair test7 ing for commercial motor vehicle operators with es8 tablished religious beliefs that prohibit the cutting or 

9 removal of hair.’’; and 

10 (3) in subsection (c)(2)— 

11 (A) in the matter preceding subparagraph 

12 (A) by inserting ‘‘for urine testing, and tech13 nical guidelines for hair testing,’’ before ‘‘in14 cluding mandatory guidelines’’; 

15 (B) in subparagraph (B) by striking ‘‘and’’ 

16 at the end; 

17 (C) in subparagraph (C) by inserting 

18 ‘‘and’’ after the semicolon; and 

19 (D) by adding at the end the following: 

20 ‘‘(D) laboratory protocols and cut-off levels 

21 for hair testing to detect the use of a controlled 

22 substance;’’. 

23 (b) GUIDELINES.—Not later than 1 year after the 

24 date of enactment of this Act, the Secretary of Health and 

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1 lines for hair testing as a method of detecting the use of 

2 a controlled substance for purposes of section 31306 of 

3 title 49, United States Code. 

4 SEC. 5403. CERTIFIED MEDICAL EXAMINERS. 

5 (a) IN GENERAL.—Section 31315(b)(1) of title 49, 

6 United States Code, is amended by striking ‘‘or section 

7 31136’’ and inserting ‘‘, section 31136, or section 

8 31149(d)(3)’’. 

9 (b) CONFORMING AMENDMENT.—Section 

10 31149(d)(3) of title 49, United States Code, is amended 

11 by inserting ‘‘, unless the person issuing the certificate is 

12 the subject of an exemption issued under section 

13 31315(b)(1)’’ before the semicolon. 

14 SEC. 5404. GRADUATED COMMERCIAL DRIVER’S LICENSE 

15 PILOT PROGRAM. 

16 (a) TASK FORCE.— 

17 (1) IN GENERAL.—The Secretary shall convene 

18 a task force to evaluate and make recommendations 

19 to the Secretary on elements for inclusion in a grad20 uated commercial driver’s license pilot program that 

21 would allow a novice licensed driver between the 

22 ages of 19 years and 6 months and 21 years to safe23 ly operate a commercial motor vehicle in a limited 

24 capacity in interstate commerce between States that 

25 enter into a bi-State agreement. 


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1 (2) MEMBERSHIP.—The task force convened 

2 under paragraph (1) shall include representatives of 

3 State motor vehicle administrators, motor carriers, 

4 labor organizations, safety advocates, and other 

5 stakeholders determined appropriate by the Sec6 retary. 

7 (3) CONSIDERATIONS.—The task force con8 vened under paragraph (1) shall evaluate and make 

9 recommendations on the following elements for in10 clusion in a graduated commercial driver’s license 

11 pilot program: 

12 (A) A specified length of time for a learn13 er’s permit stage. 

14 (B) A requirement that drivers under the 

15 age of 21 years be accompanied by experienced 

16 drivers over the age of 21 years. 

17 (C) A restriction on travel distances. 

18 (D) A restriction on maximum allowable 

19 driving hours. 

20 (E) Mandatory driver training that exceeds 

21 the requirements for drivers over the age of 21 

22 years issued by the Secretary under section 

23 31305(c) of title 49, United States Code. 


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1 (F) Use of certain safety technologies in 

2 the vehicles of drivers under the age of 21 

3 years. 

4 (G) Any other element the task force con5 siders appropriate. 

6 (4) RECOMMENDATIONS.—Not later than 1 

7 year after the date of enactment of this Act, the 

8 task force convened under paragraph (1) shall rec9 ommend to the Secretary the elements the task force 

10 has determined appropriate for inclusion in a grad11 uated commercial driver’s license pilot program. 

12 (b) PILOT PROGRAM.— 

13 (1) IN GENERAL.—Not later than 1 year after 

14 receiving the recommendations of the task force 

15 under subsection (a), the Secretary shall establish a 

16 graduated commercial driver’s license pilot program 

17 in accordance with such recommendations and sec18 tion 31315(c) of title 49, United States Code. 

19 (2) PRE-ESTABLISHMENT REQUIREMENTS.— 

20 Prior to the establishment of the pilot program 

21 under paragraph (1), the Secretary shall— 

22 (A) submit to Congress a report outlining 

23 the recommendations of the task force received 

24 under subsection (a); and 


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1 (B) publish in the Federal Register, and 

2 provide sufficient notice of and an opportunity 

3 for public comment on, the— 

4 (i) proposed requirements for State 

5 and driver participation in the pilot pro6 gram, based on the recommendations of 

7 the task force and consistent with para8 graph (3); 

9 (ii) measures the Secretary will utilize 

10 under the pilot program to ensure safety; 

11 and 

12 (iii) standards the Secretary will use 

13 to evaluate the pilot program, including to 

14 determine any changes in the level of 

15 motor carrier safety as a result of the pilot 

16 program. 

17 (3) PROGRAM ELEMENTS.—The pilot program 

18 established under paragraph (1)— 

19 (A) may not allow an individual under the 

20 age of 19 years and 6 months to participate; 

21 (B) may not allow a driver between the 

22 ages of 19 years and 6 months and 21 years 

23 to— 

24 (i) operate a commercial motor vehicle 

25 in special configuration; or 


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1 (ii) transport hazardous cargo; 

2 (C) shall be carried out in a State (includ3 ing the District of Columbia) only if the Gov4 ernor of the State (or the Mayor of the District 

5 of Columbia, if applicable) approves an agree6 ment with a contiguous State to allow a li7 censed driver under the age of 21 years to oper8 ate a commercial motor vehicle across both 

9 States in accordance with the pilot program; 

10 (D) may not recognize more than 6 agree11 ments described in subparagraph (C); 

12 (E) may not allow more than 10 motor 

13 carriers to participate in the pilot program 

14 under each agreement described in subpara15 graph (C); 

16 (F) shall require each motor carrier par17 ticipating in the pilot program under an agree18 ment described in subparagraph (C) to— 

19 (i) have in effect a satisfactory safety 

20 fitness determination that was issued by 

21 the Federal Motor Carrier Safety Adminis22 tration during the 2-year period preceding 

23 the date of the Federal Register publica24 tion required under paragraph (2)(B); and 


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1 (ii) agree to have its safety perform2 ance monitored by the Secretary during 

3 participation in the pilot program; 

4 (G) shall allow for the revocation of a 

5 motor carrier’s participation in the pilot pro6 gram if a State or the Secretary determines 

7 that the motor carrier violated the require8 ments, including safety requirements, of the 

9 pilot program; and 

10 (H) shall ensure that a valid graduated 

11 commercial driver’s license issued by a State 

12 that has entered into an agreement described in 

13 subparagraph (C) and is approved by the Sec14 retary to participate in the pilot program is rec15 ognized as valid in both States that are partici16 pating in the agreement. 

17 (c) INSPECTOR GENERAL REPORT.— 

18 (1) MONITORING.—The Inspector General of 

19 the Department of Transportation shall monitor and 

20 review the implementation of the pilot program es21 tablished under subsection (b). 

22 (2) REPORT.—The Inspector General shall sub23 mit to Congress and the Secretary— 

24 (A) not later than 1 year after the estab25 lishment of the pilot program under subsection 


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1 (b), an interim report on the results of the re2 view conducted under paragraph (1); and 

3 (B) not later than 60 days after the con4 clusion of the pilot program, a final report on 

5 the results of the review conducted under para6 graph (1). 

7 (3) ADDITIONAL CONTENTS.— 

8 (A) INTERIM REPORT.—The interim report 

9 required under paragraph (2)(A) shall address 

10 whether the Secretary has established sufficient 

11 mechanisms and generated sufficient data to 

12 determine if the pilot program is having any ad13 verse effects on motor carrier safety. 

14 (B) FINAL REPORT.—The final report re15 quired under paragraph (2)(B) shall address 

16 the impact of the pilot program on— 

17 (i) safety; and 

18 (ii) the number of commercial motor 

19 vehicle drivers available for employment. 

20 Subtitle E—General Provisions 

21 SEC. 5501. MINIMUM FINANCIAL RESPONSIBILITY. 

22 (a) TRANSPORTING PROPERTY.—If the Secretary 

23 proceeds with a rulemaking to determine whether to in24 crease the minimum levels of financial responsibility re25 quired under section 31139 of title 49, United States 


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1 Code, the Secretary shall consider, prior to issuing a final 

2 rule— 

3 (1) the rulemaking’s potential impact on— 

4 (A) the safety of motor vehicle transpor5 tation; and 

6 (B) the motor carrier industry, including 

7 small and minority motor carriers and inde8 pendent owner-operators; 

9 (2) the ability of the insurance industry to pro10 vide the required amount of insurance; 

11 (3) the extent to which current minimum levels 

12 of financial responsibility adequately cover— 

13 (A) medical care; 

14 (B) compensation; 

15 (C) attorney fees; and 

16 (D) other identifiable costs; 

17 (4) the frequency with which insurance claims 

18 exceed current minimum levels of financial responsi19 bility in fatal accidents; and 

20 (5) the impact of increased levels on motor car21 rier safety and accident reduction. 

22 (b) TRANSPORTING PASSENGERS.— 

23 (1) IN GENERAL.—Prior to initiating a rule24 making to change the minimum levels of financial 

25 responsibility under section 31138 of title 49, 


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1 United States Code, the Secretary shall complete a 

2 study specific to the minimum financial responsi3 bility requirements for motor carriers of passengers. 

4 (2) STUDY CONTENTS.—A study under para5 graph (1) shall include— 

6 (A) a review of accidents, injuries, and fa7 talities in the over-the-road bus and school bus 

8 industries; 

9 (B) a review of insurance held by over-the10 road bus and public and private school bus 

11 companies, including companies of various sizes, 

12 and an analysis of whether such insurance is 

13 adequate to cover claims; 

14 (C) an analysis of whether and how insur15 ance affects the behavior and safety record of 

16 motor carriers of passengers, including with re17 spect to crash reduction; and 

18 (D) an analysis of the anticipated impacts 

19 of an increase in financial responsibility on in20 surance premiums for passenger carriers and 

21 service availability. 

22 (3) CONSULTATION.—In conducting a study 

23 under paragraph (1), the Secretary shall consult 

24 with— 


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1 (A) representatives of the over-the-road 

2 bus and private school bus transportation in3 dustries, including representatives of bus driv4 ers; and 

5 (B) insurers of motor carriers of pas6 sengers. 

7 (4) REPORT.—If the Secretary undertakes a 

8 study under paragraph (1), the Secretary shall sub9 mit to the Committee on Transportation and Infra10 structure of the House of Representatives and the 

11 Committee on Commerce, Science, and Transpor12 tation of the Senate a report on the results of the 

13 study. 

14 SEC. 5502. DELAYS IN GOODS MOVEMENT. 

15 (a) REPORT.— 

16 (1) IN GENERAL.—Not later than 1 year after 

17 the date of enactment of this Act, the Inspector 

18 General of the Department shall submit to the Com19 mittee on Transportation and Infrastructure of the 

20 House of Representatives and the Committee on 

21 Commerce, Science, and Transportation of the Sen22 ate a report on the average length of time that oper23 ators of commercial motor vehicles are delayed be24 fore the loading and unloading of such vehicles and 

25 at other points in the pick-up and delivery process. 


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1 (2) CONTENTS.—The report under paragraph 

2 (1) shall include— 

3 (A) an assessment of how delays impact— 

4 (i) the economy; 

5 (ii) the efficiency of the transportation 

6 system; 

7 (iii) motor carrier safety, including 

8 the extent to which delays result in viola9 tions of motor carrier safety regulations; 

10 and 

11 (iv) the livelihood of motor carrier 

12 drivers; and 

13 (B) recommendations on how delays could 

14 be mitigated. 

15 (b) COLLECTION OF DATA.—Not later than 2 years 

16 after the date of enactment of this Act, the Secretary shall 

17 establish by regulation a process to collect data on delays 

18 experienced by operators of commercial motor vehicles be19 fore the loading and unloading of such vehicles and at 

20 other points in the pick-up and delivery process. 

21 SEC. 5503. REPORT ON MOTOR CARRIER FINANCIAL RE22 SPONSIBILITY. 

23 (a) IN GENERAL.—Not later than April 1, 2016, the 

24 Secretary shall publish on a publicly accessible Internet 

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1 els of financial responsibility required under section 31139 

2 of title 49, United States Code. 

3 (b) CONTENTS.—The report required under sub4 section (a) shall include an analysis of— 

5 (1) the differences between State insurance re6 quirements and Federal requirements; 

7 (2) the extent to which current minimum levels 

8 of financial responsibility adequately cover— 

9 (A) medical care; 

10 (B) compensation; 

11 (C) attorney fees; and 

12 (D) other identifiable costs; and 

13 (3) the frequency with which insurance claims 

14 exceed the current minimum levels of financial re15 sponsibility. 

16 SEC. 5504. EMERGENCY ROUTE WORKING GROUP. 

17 (a) IN GENERAL.— 

18 (1) ESTABLISHMENT.—Not later than 1 year 

19 after the date of enactment of this Act, the Sec20 retary shall establish a working group to determine 

21 best practices for expeditious State approval of spe22 cial permits for vehicles involved in emergency re23 sponse and recovery. 

24 (2) MEMBERS.—The working group shall in25 clude representatives from— 


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1 (A) State highway transportation depart2 ments or agencies; 

3 (B) relevant modal agencies within the De4 partment; 

5 (C) emergency response or recovery ex6 perts; 

7 (D) relevant safety groups; and 

8 (E) entities affected by special permit re9 strictions during emergency response and recov10 ery efforts. 

11 (b) CONSIDERATIONS.—In determining best practices 

12 under subsection (a), the working group shall consider 

13 whether— 

14 (1) impediments currently exist that prevent ex15 peditious State approval of special permits for vehi16 cles involved in emergency response and recovery; 

17 (2) it is possible to pre-identify and establish 

18 emergency routes between States through which in19 frastructure repair materials could be delivered fol20 lowing a natural disaster or emergency; 

21 (3) a State could pre-designate an emergency 

22 route identified under paragraph (2) as a certified 

23 emergency route if a motor vehicle that exceeds the 

24 otherwise applicable Federal and State truck length 

25 or width limits may safely operate along such route 


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1 during periods of declared emergency and recovery 

2 from such periods; and 

3 (4) an online map could be created to identify 

4 each pre-designated emergency route under para5 graph (3), including information on specific limita6 tions, obligations, and notification requirements 

7 along that route. 

8 (c) REPORT.— 

9 (1) SUBMISSION.—Not later than 1 year after 

10 the date of enactment of this Act, the working group 

11 shall submit to the Secretary a report on its findings 

12 under this section and any recommendations for the 

13 implementation of best practices for expeditious 

14 State approval of special permits for vehicles in15 volved in emergency response and recovery. 

16 (2) PUBLICATION.—Not later than 30 days 

17 after the date the Secretary receives the report 

18 under paragraph (1), the Secretary shall publish the 

19 report on a publicly accessible Internet Web site of 

20 the Department. 

21 (d) NOTIFICATION.—Not later than 6 months after 

22 the date the Secretary receives the report under subsection 

23 (c)(1), the Secretary shall notify the Committee on Trans24 portation and Infrastructure of the House of Representa25 tives and the Committee on Commerce, Science, and 


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1 Transportation of the Senate on the actions the Secretary 

2 and the States have taken to implement the recommenda3 tions included in the report. 

4 (e) EXEMPTION.—The Federal Advisory Committee 

5 Act (5 U.S.C. App.) shall not apply to the working group. 

6 (f) TERMINATION.—The working group shall termi7 nate 1 year after the date the Secretary receives the report 

8 under subsection (c)(1). 

9 SEC. 5505. HOUSEHOLD GOODS CONSUMER PROTECTION 

10 WORKING GROUP. 

11 (a) WORKING GROUP.—The Secretary shall establish 

12 a working group for the purpose of developing rec13 ommendations on how to best convey to inexperienced con14 sumers the information such consumers need to know with 

15 respect to the Federal laws concerning the interstate 

16 transportation of household goods by motor carrier. 

17 (b) MEMBERSHIP.—The Secretary shall ensure that 

18 the working group is comprised of individuals with exper19 tise in consumer affairs, educators with expertise in how 

20 people learn most effectively, and representatives of the 

21 household goods moving industry. 

22 (c) RECOMMENDATIONS.— 

23 (1) CONTENTS.—The recommendations devel24 oped by the working group shall include rec25 ommendations on— 


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1 (A) condensing publication ESA 03005 of 

2 the Federal Motor Carrier Safety Administra3 tion into a format that is more easily used by 

4 consumers; 

5 (B) using state-of-the-art education tech6 niques and technologies, including optimizing 

7 the use of the Internet as an educational tool; 

8 and 

9 (C) reducing and simplifying the paper10 work required of motor carriers and shippers in 

11 interstate transportation. 

12 (2) DEADLINE.—Not later than 1 year after 

13 the date of enactment of this Act— 

14 (A) the working group shall make the rec15 ommendations described in paragraph (1); and 

16 (B) the Secretary shall publish the rec17 ommendations on a publicly accessible Internet 

18 Web site of the Department. 

19 (d) REPORT.—Not later than 1 year after the date 

20 on which the working group makes its recommendations 

21 under subsection (c)(2), the Secretary shall issue a report 

22 to Congress on the implementation of such recommenda23 tions. 

24 (e) EXEMPTION.—The Federal Advisory Committee 

25 Act (5 U.S.C. App.) shall not apply to the working group. 


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1 (f) TERMINATION.—The working group shall termi2 nate 1 year after the date the working group makes its 

3 recommendations under subsection (c)(2). 

4 SEC. 5506. TECHNOLOGY IMPROVEMENTS. 

5 (a) IN GENERAL.—Not later than 1 year after the 

6 date of enactment of this Act, the Comptroller General 

7 of the United States shall conduct a comprehensive anal8 ysis of the information technology and data collection and 

9 management systems of the Federal Motor Carrier Safety 

10 Administration. 

11 (b) REQUIREMENTS.—The study conducted under 

12 subsection (a) shall— 

13 (1) evaluate the efficacy of the existing infor14 mation technology, data collection, processing sys15 tems, data correction procedures, and data manage16 ment systems and programs, including their inter17 action with each other and their efficacy in meeting 

18 user needs; 

19 (2) identify any redundancies among the sys20 tems, procedures, and programs described in para21 graph (1); 

22 (3) explore the feasibility of consolidating data 

23 collection and processing systems; 


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1 (4) evaluate the ability of the systems, proce2 dures, and programs described in paragraph (1) to 

3 meet the needs of— 

4 (A) the Federal Motor Carrier Safety Ad5 ministration, at both the headquarters and 

6 State levels; 

7 (B) the State agencies that implement the 

8 motor carrier safety assistance program under 

9 section 31102 of title 49, United States Code; 

10 and 

11 (C) other users; 

12 (5) evaluate the adaptability of the systems, 

13 procedures, and programs described in paragraph 

14 (1), in order to make necessary future changes to 

15 ensure user needs are met in an easier, timely, and 

16 more cost efficient manner; 

17 (6) investigate and make recommendations re18 garding— 

19 (A) deficiencies in existing data sets im20 pacting program effectiveness; and 

21 (B) methods to improve user interfaces; 

22 and 

23 (7) identify the appropriate role the Federal 

24 Motor Carrier Safety Administration should take 

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1 sign, development, and maintenance for the purpose 

2 of improving the efficacy of the systems, procedures, 

3 and programs described in paragraph (1). 

4 SEC. 5507. NOTIFICATION REGARDING MOTOR CARRIER 

5 REGISTRATION. 

6 Not later than 30 days after the date of enactment 

7 of this Act, the Secretary shall submit to the Committee 

8 on Transportation and Infrastructure of the House of 

9 Representatives and the Committee on Commerce, 

10 Science, and Transportation of the Senate written notifi11 cation of the actions the Secretary is taking to ensure, 

12 to the greatest extent practicable, that each application 

13 for registration under section 13902 of title 49, United 

14 States Code, is processed not later than 30 days after the 

15 date on which the application is received by the Secretary. 

16 SEC. 5508. TECHNICAL CORRECTIONS. 

17 (a) TITLE 49.—Title 49, United States Code, is 

18 amended as follows: 

19 (1) Section 13902(i)(2) is amended by inserting 

20 ‘‘except as’’ before ‘‘described’’. 

21 (2) Section 13903(d) is amended by striking 

22 ‘‘(d) REGISTRATION AS MOTOR CARRIER RE23 QUIRED.—’’ and all that follows through ‘‘(1) IN

24 GENERAL.—A freight forwarder’’ and inserting ‘‘(d) 


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1 REGISTRATION AS MOTOR CARRIER REQUIRED.—A 

2 freight forwarder’’. 

3 (3) Section 13905(d)(2)(D) is amended— 

4 (A) by striking ‘‘the Secretary finds that— 

5 ’’ and all that follows through ‘‘(i) the motor 

6 carrier,’’ and inserting ‘‘the Secretary finds 

7 that the motor carrier,’’; and 

8 (B) by adding a period at the end. 

9 (4) Section 14901(h) is amended by striking 

10 ‘‘HOUSEHOLD GOODS’’ in the heading. 

11 (5) Section 14916 is amended by striking the 

12 section designation and heading and inserting the 

13 following: 

14 ‘‘§ 14916. Unlawful brokerage activities’’. 

15 (b) MAP–21.—Effective as of July 6, 2012, and as 

16 if included therein as enacted, MAP–21 (Public Law 112– 

17 141) is amended as follows: 

18 (1) Section 32108(a)(4) (126 Stat. 782) is 

19 amended by inserting ‘‘for’’ before ‘‘each additional 

20 day’’ in the matter proposed to be struck. 

21 (2) Section 32301(b)(3) (126 Stat. 786) is 

22 amended by striking ‘‘by amending (a) to read as 

23 follows:’’ and inserting ‘‘by striking subsection (a) 

24 and inserting the following:’’. 


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1 (3) Section 32302(c)(2)(B) (126 Stat. 789) is 

2 amended by striking ‘‘section 32303(c)(1)’’ and in3 serting ‘‘section 32302(c)(1)’’. 

4 (4) Section 32921(b) (126 Stat. 828) is amend5 ed, in the matter to be inserted, by striking ‘‘(A) In 

6 addition’’ and inserting the following: 

7 ‘‘(A) IN GENERAL.—In addition’’. 

8 (5) Section 32931(c) (126 Stat. 829) is amend9 ed— 

10 (A) by striking ‘‘Secretary’’ and inserting 

11 ‘‘Secretary of Transportation’’ in the matter to 

12 be struck; and 

13 (B) by striking ‘‘Secretary’’ and inserting 

14 ‘‘Secretary of Transportation’’ in the matter to 

15 be inserted. 

16 (c) MOTOR CARRIER SAFETY IMPROVEMENT ACT OF

17 1999.—Section 229(a)(1) of the Motor Carrier Safety Im18 provement Act of 1999 (49 U.S.C. 31136 note) is amend19 ed by inserting ‘‘of title 49, United States Code,’’ after 

20 ‘‘sections 31136 and 31502’’. 

21 TITLE VI—INNOVATION 

22 SEC. 6001. SHORT TITLE. 

23 This title may be cited as the ‘‘Transportation for 

24 Tomorrow Act of 2015’’. 


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1 SEC. 6002. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) IN GENERAL.—The following amounts are au3 thorized to be appropriated out of the Highway Trust 

4 Fund (other than the Mass Transit Account): 

5 (1) HIGHWAY RESEARCH AND DEVELOPMENT

6 PROGRAM.—To carry out section 503(b) of title 23, 

7 United States Code, $125,000,000 for each of fiscal 

8 years 2016 through 2021. 

9 (2) TECHNOLOGY AND INNOVATION DEPLOY10 MENT PROGRAM.—To carry out section 503(c) of 

11 title 23, United States Code— 

12 (A) $67,000,000 for fiscal year 2016; 

13 (B) $67,500,000 for fiscal year 2017; 

14 (C) $67,500,000 for fiscal year 2018; 

15 (D) $67,500,000 for fiscal year 2019; 

16 (E) $67,500,000 for fiscal year 2020; and 

17 (F) $67,500,000 for fiscal year 2021. 

18 (3) TRAINING AND EDUCATION.—To carry out 

19 section 504 of title 23, United States Code 

20 $24,000,000 for each of fiscal years 2016 through 

21 2021. 

22 (4) INTELLIGENT TRANSPORTATION SYSTEMS

23 PROGRAM.—To carry out sections 512 through 518 

24 of title 23, United States Code $100,000,000 for 

25 each of fiscal years 2016 through 2021. 


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1 (5) UNIVERSITY TRANSPORTATION CENTERS

2 PROGRAM.—To carry out section 5505 of title 49, 

3 United States Code— 

4 (A) $72,500,000 for fiscal year 2016; 

5 (B) $75,000,000 for fiscal year 2017; 

6 (C) $75,000,000 for fiscal year 2018; 

7 (D) $77,500,000 for fiscal year 2019; 

8 (E) $77,500,000 for fiscal year 2020; and 

9 (F) $77,500,000 for fiscal year 2021. 

10 (6) BUREAU OF TRANSPORTATION STATIS11 TICS.—To carry out chapter 63 of title 49, United 

12 States Code, $26,000,000 for each of fiscal years 

13 2016 through 2021. 

14 (b) APPLICABILITY OF TITLE 23, UNITED STATES

15 CODE.—Funds authorized to be appropriated by sub16 section (a) shall— 

17 (1) be available for obligation in the same man18 ner as if those funds were apportioned under chap19 ter 1 of title 23, United States Code, except that the 

20 Federal share of the cost of a project or activity car21 ried out using those funds shall be 80 percent, un22 less otherwise expressly provided by this Act (includ23 ing the amendments by this Act) or otherwise deter24 mined by the Secretary; and 


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1 (2) remain available until expended and not be 

2 transferable, except as otherwise provided in this 

3 Act. 

4 SEC. 6003. ADVANCED TRANSPORTATION AND CONGESTION 

5 MANAGEMENT TECHNOLOGIES DEPLOY6 MENT. 

7 Section 503(c) of title 23, United States Code, is 

8 amended by adding at the end the following: 

9 ‘‘(4) ADVANCED TRANSPORTATION TECH10 NOLOGIES DEPLOYMENT.— 

11 ‘‘(A) IN GENERAL.—Not later than 6 

12 months after the date of enactment of this 

13 paragraph, the Secretary shall establish an ad14 vanced transportation and congestion manage15 ment technologies deployment initiative to pro16 vide grants to eligible entities to develop model 

17 deployment sites for large scale installation and 

18 operation of advanced transportation tech19 nologies to improve safety, efficiency, system 

20 performance, and infrastructure return on in21 vestment. 

22 ‘‘(B) CRITERIA.—The Secretary shall de23 velop criteria for selection of an eligible entity 

24 to receive a grant under this paragraph, includ25 ing how the deployment of technology will— 


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1 ‘‘(i) reduce costs and improve return 

2 on investments, including through the en3 hanced use of existing transportation ca4 pacity; 

5 ‘‘(ii) deliver environmental benefits 

6 that alleviate congestion and streamline 

7 traffic flow; 

8 ‘‘(iii) measure and improve the oper9 ational performance of the applicable 

10 transportation network; 

11 ‘‘(iv) reduce the number and severity 

12 of traffic crashes and increase driver, pas13 senger, and pedestrian safety; 

14 ‘‘(v) collect, disseminate, and use real15 time traffic, transit, parking, and other 

16 transportation-related information to im17 prove mobility, reduce congestion, and pro18 vide for more efficient and accessible 

19 transportation; 

20 ‘‘(vi) monitor transportation assets to 

21 improve infrastructure management, re22 duce maintenance costs, prioritize invest23 ment decisions, and ensure a state of good 

24 repair; 


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1 ‘‘(vii) deliver economic benefits by re2 ducing delays, improving system perform3 ance, and providing for the efficient and 

4 reliable movement of goods and services; or 

5 ‘‘(viii) accelerate the deployment of 

6 vehicle-to-vehicle, vehicle-to-infrastructure, 

7 autonomous vehicles, and other tech8 nologies. 

9 ‘‘(C) APPLICATIONS.— 

10 ‘‘(i) REQUEST.—Not later than 6 

11 months after the date of enactment of this 

12 paragraph, and for every fiscal year there13 after, the Secretary shall request applica14 tions in accordance with clause (ii). 

15 ‘‘(ii) CONTENTS.—An application sub16 mitted under this subparagraph shall in17 clude the following: 

18 ‘‘(I) PLAN.—A plan to deploy 

19 and provide for the long-term oper20 ation and maintenance of advanced 

21 transportation and congestion man22 agement technologies to improve safe23 ty, efficiency, system performance, 

24 and return on investment. 


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1 ‘‘(II) OBJECTIVES.—Quantifiable 

2 system performance improvements, 

3 such as— 

4 ‘‘(aa) reducing traffic-re5 lated crashes, congestion, and 

6 costs; 

7 ‘‘(bb) optimizing system effi8 ciency; and 

9 ‘‘(cc) improving access to 

10 transportation services. 

11 ‘‘(III) RESULTS.—Quantifiable 

12 safety, mobility, and environmental 

13 benefit projections such as data-driven 

14 estimates of how the project will im15 prove the region’s transportation sys16 tem efficiency and reduce traffic con17 gestion. 

18 ‘‘(IV) PARTNERSHIPS.—A plan 

19 for partnering with the private sector 

20 or public agencies, including 

21 multimodal and multijurisdictional en22 tities, research institutions, organiza23 tions representing transportation and 

24 technology leaders, or other transpor25 tation stakeholders. 


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1 ‘‘(V) LEVERAGING.—A plan to 

2 leverage and optimize existing local 

3 and regional advanced transportation 

4 technology investments. 

5 ‘‘(D) GRANT SELECTION.— 

6 ‘‘(i) GRANT AWARDS.—Not later than 

7 1 year after the date of enactment of this 

8 paragraph, and for every fiscal year there9 after, the Secretary shall award grants to 

10 not less than 5 and not more than 8 eligi11 ble entities. 

12 ‘‘(ii) GEOGRAPHIC DIVERSITY.—In 

13 awarding a grant under this paragraph, 

14 the Secretary shall ensure, to the extent 

15 practicable, that grant recipients represent 

16 diverse geographic areas of the United 

17 States. 

18 ‘‘(E) USE OF GRANT FUNDS.—A grant re19 cipient may use funds awarded under this para20 graph to deploy advanced transportation and 

21 congestion management technologies, includ22 ing— 

23 ‘‘(i) advanced traveler information 

24 systems; 


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1 ‘‘(ii) advanced transportation manage2 ment technologies; 

3 ‘‘(iii) infrastructure maintenance, 

4 monitoring, and condition assessment; 

5 ‘‘(iv) advanced public transportation 

6 systems; 

7 ‘‘(v) transportation system perform8 ance data collection, analysis, and dissemi9 nation systems; 

10 ‘‘(vi) advanced safety systems, includ11 ing vehicle-to-vehicle and vehicle-to-infra12 structure communications, technologies as13 sociated with autonomous vehicles, and 

14 other collision avoidance technologies, in15 cluding systems using cellular technology; 

16 ‘‘(vii) integration of intelligent trans17 portation systems with the Smart Grid and 

18 other energy distribution and charging sys19 tems; 

20 ‘‘(viii) electronic pricing and payment 

21 systems; or 

22 ‘‘(ix) advanced mobility and access 

23 technologies, such as dynamic ridesharing 

24 and information systems to support human 


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1 services for elderly and disabled individ2 uals. 

3 ‘‘(F) REPORT TO SECRETARY.—Not later 

4 than 1 year after an eligible entity receives a 

5 grant under this paragraph, and each year 

6 thereafter, the entity shall submit a report to 

7 the Secretary that describes— 

8 ‘‘(i) deployment and operational costs 

9 of the project compared to the benefits and 

10 savings the project provides; and 

11 ‘‘(ii) how the project has met the 

12 original expectations projected in the de13 ployment plan submitted with the applica14 tion, such as— 

15 ‘‘(I) data on how the project has 

16 helped reduce traffic crashes, conges17 tion, costs, and other benefits of the 

18 deployed systems; 

19 ‘‘(II) data on the effect of meas20 uring and improving transportation 

21 system performance through the de22 ployment of advanced technologies; 

23 ‘‘(III) the effectiveness of pro24 viding real-time integrated traffic, 

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1 tation information to the public to 

2 make informed travel decisions; and 

3 ‘‘(IV) lessons learned and rec4 ommendations for future deployment 

5 strategies to optimize transportation 

6 efficiency and multimodal system per7 formance. 

8 ‘‘(G) REPORT.—Not later than 3 years 

9 after the date that the first grant is awarded 

10 under this paragraph, and each year thereafter, 

11 the Secretary shall make available to the public 

12 on an Internet Web site a report that describes 

13 the effectiveness of grant recipients in meeting 

14 their projected deployment plans, including data 

15 provided under subparagraph (F) on how the 

16 program has— 

17 ‘‘(i) reduced traffic-related fatalities 

18 and injuries; 

19 ‘‘(ii) reduced traffic congestion and 

20 improved travel time reliability; 

21 ‘‘(iii) reduced transportation-related 

22 emissions; 

23 ‘‘(iv) optimized multimodal system 

24 performance; 


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1 ‘‘(v) improved access to transportation 

2 alternatives; 

3 ‘‘(vi) provided the public with access 

4 to real-time integrated traffic, transit, and 

5 multimodal transportation information to 

6 make informed travel decisions; 

7 ‘‘(vii) provided cost savings to trans8 portation agencies, businesses, and the 

9 traveling public; or 

10 ‘‘(viii) provided other benefits to 

11 transportation users and the general pub12 lic. 

13 ‘‘(H) ADDITIONAL GRANTS.—The Sec14 retary may cease to provide additional grant 

15 funds to a recipient of a grant under this para16 graph if— 

17 ‘‘(i) the Secretary determines from 

18 such recipient’s report that the recipient is 

19 not carrying out the requirements of the 

20 grant; and 

21 ‘‘(ii) the Secretary provides written 

22 notice 60 days prior to withholding funds 

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1 tives and the Committee on Environment 

2 and Public Works of the Senate. 

3 ‘‘(I) FUNDING.— 

4 ‘‘(i) IN GENERAL.—From funds made 

5 available to carry out section 503(b), this 

6 subsection, and sections 512 through 518, 

7 the Secretary shall set aside for grants 

8 awarded under subparagraph (D) 

9 $75,000,000 for each of fiscal years 2016 

10 through 2021. 

11 ‘‘(ii) EXPENSES FOR THE SEC12 RETARY.—Of the amounts set aside under 

13 clause (i), the Secretary may set aside 

14 $2,000,000 each fiscal year for program 

15 reporting, evaluation, and administrative 

16 costs related to this paragraph. 

17 ‘‘(J) FEDERAL SHARE.—The Federal 

18 share of the cost of a project for which a grant 

19 is awarded under this subsection shall not ex20 ceed 50 percent of the cost of the project. 

21 ‘‘(K) GRANT LIMITATION.—The Secretary 

22 may not award more than 20 percent of the 

23 amount described under subparagraph (I) in a 

24 fiscal year to a single grant recipient. 


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1 ‘‘(L) EXPENSES FOR GRANT RECIPI2 ENTS.—A grant recipient under this paragraph 

3 may use not more than 5 percent of the funds 

4 awarded each fiscal year to carry out planning 

5 and reporting requirements. 

6 ‘‘(M) GRANT FLEXIBILITY.— 

7 ‘‘(i) IN GENERAL.—If, by August 1 of 

8 each fiscal year, the Secretary determines 

9 that there are not enough grant applica10 tions that meet the requirements described 

11 in subparagraph (C) to carry out this sec12 tion for a fiscal year, the Secretary shall 

13 transfer to the programs specified in clause 

14 (ii)— 

15 ‘‘(I) any of the funds reserved for 

16 the fiscal year under subparagraph (I) 

17 that the Secretary has not yet award18 ed under this paragraph; and 

19 ‘‘(II) an amount of obligation 

20 limitation equal to the amount of 

21 funds that the Secretary transfers 

22 under subclause (I). 

23 ‘‘(ii) PROGRAMS.—The programs re24 ferred to in clause (i) are— 


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1 ‘‘(I) the program under section 

2 503(b); 

3 ‘‘(II) the program under section 

4 503(c); and 

5 ‘‘(III) the programs under sec6 tions 512 through 518. 

7 ‘‘(iii) DISTRIBUTION.—Any transfer 

8 of funds and obligation limitation under 

9 clause (i) shall be divided among the pro10 grams referred to in that clause in the 

11 same proportions as the Secretary origi12 nally reserved funding from the programs 

13 for the fiscal year under subparagraph (I). 

14 ‘‘(N) DEFINITIONS.—In this paragraph, 

15 the following definitions apply: 

16 ‘‘(i) ELIGIBLE ENTITY.—The term ‘el17 igible entity’ means a State or local gov18 ernment, a transit agency, metropolitan 

19 planning organization representing a popu20 lation of over 200,000, or other political 

21 subdivision of a State or local government 

22 or a multijurisdictional group. 

23 ‘‘(ii) ADVANCED AND CONGESTION

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1 tation and congestion management tech2 nologies’ means technologies that improve 

3 the efficiency, safety, or state of good re4 pair of surface transportation systems, in5 cluding intelligent transportation systems. 

6 ‘‘(iii) MULTIJURISDICTIONAL

7 GROUP.—The term ‘multijurisdictional 

8 group’ means a any combination of State 

9 governments, locals governments, metro10 politan planning agencies, transit agencies, 

11 or other political subdivisions of a State 

12 for which each member of the group— 

13 ‘‘(I) has signed a written agree14 ment to implement the advanced 

15 transportation technologies deploy16 ment initiative across jurisdictional 

17 boundaries; and 

18 ‘‘(II) is an eligible entity under 

19 this paragraph.’’. 

20 SEC. 6004. TECHNOLOGY AND INNOVATION DEPLOYMENT 

21 PROGRAM. 

22 Section 503(c)(3) of title 23, United States Code, is 

23 amended— 


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1 (1) in subparagraph (C) by striking ‘‘2013 

2 through 2014’’ and inserting ‘‘2016 through 2021’’; 

3 and 

4 (2) by adding at the end the following: 

5 ‘‘(D) PUBLICATION.—The Secretary shall 

6 make available to the public on an Internet 

7 Web site on an annual basis a report on the 

8 cost and benefits from deployment of new tech9 nology and innovations that substantially and 

10 directly resulted from the program established 

11 under this paragraph. The report may include 

12 an analysis of— 

13 ‘‘(i) Federal, State, and local cost sav14 ings; 

15 ‘‘(ii) project delivery time improve16 ments; 

17 ‘‘(iii) reduced fatalities; and 

18 ‘‘(iv) congestion impacts.’’. 

19 SEC. 6005. INTELLIGENT TRANSPORTATION SYSTEM 

20 GOALS. 

21 Section 514(a) of title 23, United States Code, is 

22 amended— 

23 (1) in paragraph (4) by striking ‘‘and’’ at the 

24 end; 


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1 (2) in paragraph (5) by striking the period at 

2 the end and inserting ‘‘; and’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(6) enhancement of the national freight sys5 tem and support to national freight policy goals by 

6 conducting heavy duty vehicle demonstration activi7 ties and accelerating adoption of intelligent trans8 portation system applications in freight operations.’’. 

9 SEC. 6006. INTELLIGENT TRANSPORTATION SYSTEM PRO10 GRAM REPORT. 

11 Section 515(h)(4) of title 23, United States Code, is 

12 amended— 

13 (1) by striking ‘‘February 1 of each year after 

14 the date of enactment of the Transportation Re15 search and Innovative Technology Act of 2012’’ and 

16 inserting ‘‘May 1 of each year’’; and 

17 (2) by striking ‘‘submit to Congress’’ and in18 serting ‘‘make available to the public on a Depart19 ment of Transportation Web site’’. 

20 SEC. 6007. INTELLIGENT TRANSPORTATION SYSTEM NA21 TIONAL ARCHITECTURE AND STANDARDS. 

22 Section 517(a)(3) of title 23, United States Code, is 

23 amended by striking ‘‘memberships are comprised of, and 

24 represent,’’ and inserting ‘‘memberships include represent25 atives of’’. 


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1 SEC. 6008. COMMUNICATION SYSTEMS DEPLOYMENT RE2 PORT. 

3 Section 518(a) of title 23, United States Code, is 

4 amended by striking ‘‘Not later than 3’’ and all that fol5 lows through ‘‘House of Representatives’’ and inserting 

6 ‘‘Not later than July 6, 2016, the Secretary shall make 

7 available to the public on a Department of Transportation 

8 Web site a report’’. 

9 SEC. 6009. INFRASTRUCTURE DEVELOPMENT. 

10 (a) IN GENERAL.—Chapter 5 of title 23, United 

11 States Code, is amended by adding at the end the fol12 lowing: 

13 ‘‘§ 519. Infrastructure development 

14 ‘‘Funds made available to carry out this chapter for 

15 operational tests— 

16 ‘‘(1) shall be used primarily for the development 

17 of intelligent transportation system infrastructure, 

18 equipment, and systems; and 

19 ‘‘(2) to the maximum extent practicable, shall 

20 not be used for the construction of physical surface 

21 transportation infrastructure unless the construction 

22 is incidental and critically necessary to the imple23 mentation of an intelligent transportation system 

24 project.’’. 

25 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 


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1 (1) CLERICAL AMENDMENT.—The analysis for 

2 chapter 5 of title 23, United States Code, is amend3 ed by adding at the end the following new item: 

‘‘519. Infrastructure development.’’. 

4 (2) TECHNICAL AMENDMENT.—The item relat5 ing to section 512 in the analysis for chapter 5 of 

6 title 23, United States Code, is amended to read as 

7 follows: 

‘‘512. National ITS program plan.’’. 

8 SEC. 6010. DEPARTMENTAL RESEARCH PROGRAMS. 

9 (a) ASSISTANT SECRETARY FOR RESEARCH AND

10 TECHNOLOGY.—Section 102(e) of title 49, United States 

11 Code, is amended— 

12 (1) in paragraph (1) by striking ‘‘5’’ and insert13 ing ‘‘6’’; and 

14 (2) in paragraph (1)(A) by inserting ‘‘an As15 sistant Secretary for Research and Technology,’’ 

16 after ‘‘Governmental Affairs,’’. 

17 (b) RESEARCH ACTIVITIES.—Section 330 of title 49, 

18 United States Code, is amended— 

19 (1) in the section heading by striking ‘‘con20 tracts’’ and inserting ‘‘activities’’; 

21 (2) in subsection (a) by striking ‘‘The Secretary 

22 of’’ and inserting ‘‘IN GENERAL.—The Secretary 

23 of’’; 


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1 (3) in subsection (b) by striking ‘‘In carrying’’ 

2 and inserting ‘‘RESPONSIBILITIES.—In carrying’’; 

3 (4) in subsection (c) by striking ‘‘The Sec4 retary’’ and inserting ‘‘PUBLICATIONS.—The Sec5 retary’’; and 

6 (5) by adding at the end the following: 

7 ‘‘(d) DUTIES.—The Secretary shall provide for the 

8 following: 

9 ‘‘(1) Coordination, facilitation, and review of 

10 Department of Transportation research and develop11 ment programs and activities. 

12 ‘‘(2) Advancement, and research and develop13 ment, of innovative technologies, including intelligent 

14 transportation systems. 

15 ‘‘(3) Comprehensive transportation statistics re16 search, analysis, and reporting. 

17 ‘‘(4) Education and training in transportation 

18 and transportation-related fields. 

19 ‘‘(5) Activities of the Volpe National Transpor20 tation Systems Center. 

21 ‘‘(6) Coordination in support of multimodal and 

22 multidisciplinary research activities. 

23 ‘‘(e) ADDITIONAL AUTHORITIES.—The Secretary 

24 may— 


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1 ‘‘(1) enter into grants and cooperative agree2 ments with Federal agencies, State and local govern3 ment agencies, other public entities, private organi4 zations, and other persons to conduct research into 

5 transportation service and infrastructure assurance 

6 and to carry out other research activities of the De7 partment of Transportation; 

8 ‘‘(2) carry out, on a cost-shared basis, collabo9 rative research and development to encourage inno10 vative solutions to multimodal transportation prob11 lems and stimulate the deployment of new tech12 nology with— 

13 ‘‘(A) non-Federal entities, including State 

14 and local governments, foreign governments, in15 stitutions of higher education, corporations, in16 stitutions, partnerships, sole proprietorships, 

17 and trade associations that are incorporated or 

18 established under the laws of any State; 

19 ‘‘(B) Federal laboratories; and 

20 ‘‘(C) other Federal agencies; and 

21 ‘‘(3) directly initiate contracts, grants, coopera22 tive research and development agreements (as de23 fined in section 12 of the Stevenson-Wydler Tech24 nology Innovation Act of 1980 (15 U.S.C. 3710a)), 

25 and other agreements to fund, and accept funds 


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1 from, the Transportation Research Board of the Na2 tional Academies, State departments of transpor3 tation, cities, counties, institutions of higher edu4 cation, associations, and the agents of those entities 

5 to carry out joint transportation research and tech6 nology efforts. 

7 ‘‘(f) FEDERAL SHARE.— 

8 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

9 the Federal share of the cost of an activity carried 

10 out under subsection (e)(3) shall not exceed 50 per11 cent. 

12 ‘‘(2) EXCEPTION.—If the Secretary determines 

13 that the activity is of substantial public interest or 

14 benefit, the Secretary may approve a greater Federal 

15 share. 

16 ‘‘(3) NON-FEDERAL SHARE.—All costs directly 

17 incurred by the non-Federal partners, including per18 sonnel, travel, facility, and hardware development 

19 costs, shall be credited toward the non-Federal share 

20 of the cost of an activity described in subsection 

21 (e)(3). 

22 ‘‘(g) PROGRAM EVALUATION AND OVERSIGHT.—For 

23 each of fiscal years 2016 through 2021, the Secretary is 

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1 ordination, evaluation, and oversight of the programs ad2 ministered by the Office of the Assistant Secretary for Re3 search and Technology. 

4 ‘‘(h) USE OF TECHNOLOGY.—The research, develop5 ment, or use of a technology under a contract, grant, coop6 erative research and development agreement, or other 

7 agreement entered into under this section, including the 

8 terms under which the technology may be licensed and the 

9 resulting royalties may be distributed, shall be subject to 

10 the Stevenson-Wydler Technology Innovation Act of 1980 

11 (15 U.S.C. 3701 et seq.). 

12 ‘‘(i) WAIVER OF ADVERTISING REQUIREMENTS.— 

13 Section 6101 of title 41 shall not apply to a contract, 

14 grant, or other agreement entered into under this sec15 tion.’’. 

16 (c) CLERICAL AMENDMENT.—The item relating to 

17 section 330 in the analysis of chapter 3 of title 49, United 

18 States Code, is amended to read as follows: 

‘‘330. Research activities.’’. 

19 (d) TECHNICAL AND CONFORMING AMENDMENTS.— 

20 (1) TITLE 5 AMENDMENTS.— 

21 (A) POSITIONS AT LEVEL II.—Section 

22 5313 of title 5, United States Code, is amended 

23 by striking ‘‘The Under Secretary of Transpor24 tation for Security.’’. 


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1 (B) POSITIONS AT LEVEL IV.—Section 

2 5315 of title 5, United States Code, is amended 

3 in the undesignated item relating to Assistant 

4 Secretaries of Transportation by striking ‘‘(4)’’ 

5 and inserting ‘‘(5)’’. 

6 (C) POSITIONS AT LEVEL V.—Section 

7 5316 of title 5, United States Code, is amended 

8 by striking ‘‘Associate Deputy Secretary, De9 partment of Transportation.’’. 

10 (2) BUREAU OF TRANSPORTATION STATIS11 TICS.—Section 6302(a) of title 49, United States 

12 Code, is amended to read as follows: 

13 ‘‘(a) IN GENERAL.—There shall be within the De14 partment of Transportation the Bureau of Transportation 

15 Statistics.’’. 

16 SEC. 6011. RESEARCH AND INNOVATIVE TECHNOLOGY AD17 MINISTRATION. 

18 (a) REPEAL.—Section 112 of title 49, United States 

19 Code, is repealed. 

20 (b) CLERICAL AMENDMENT.—The analysis for chap21 ter 1 of title 49, United States Code, is amended by strik22 ing the item relating to section 112. 

23 SEC. 6012. OFFICE OF INTERMODALISM. 

24 (a) REPEAL.—Section 5503 of title 49, United States 

25 Code, is repealed. 


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1 (b) CLERICAL AMENDMENT.—The analysis for chap2 ter 55 of title 49, United States Code, is amended by 

3 striking the item relating to section 5503. 

4 SEC. 6013. UNIVERSITY TRANSPORTATION CENTERS. 

5 Section 5505 of title 49, United States Code, is 

6 amended to read as follows: 

7 ‘‘§ 5505. University transportation centers program 

8 ‘‘(a) UNIVERSITY TRANSPORTATION CENTERS PRO9 GRAM.— 

10 ‘‘(1) ESTABLISHMENT AND OPERATION.—The 

11 Secretary shall make grants under this section to eli12 gible nonprofit institutions of higher education to es13 tablish and operate university transportation cen14 ters. 

15 ‘‘(2) ROLE OF CENTERS.—The role of each uni16 versity transportation center referred to in para17 graph (1) shall be— 

18 ‘‘(A) to advance transportation expertise 

19 and technology in the varied disciplines that 

20 comprise the field of transportation through 

21 education, research, and technology transfer ac22 tivities; 

23 ‘‘(B) to provide for a critical transpor24 tation knowledge base outside of the Depart25 ment of Transportation; and 


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1 ‘‘(C) to address critical workforce needs 

2 and educate the next generation of transpor3 tation leaders. 

4 ‘‘(b) COMPETITIVE SELECTION PROCESS.— 

5 ‘‘(1) APPLICATIONS.—To receive a grant under 

6 this section, a consortium of nonprofit institution of 

7 higher education shall submit to the Secretary an 

8 application that is in such form and contains such 

9 information as the Secretary may require. 

10 ‘‘(2) RESTRICTION.—An institution of higher 

11 education may not receive funding (directly or indi12 rectly) in a fiscal year under 2 different awards 

13 under this section. 

14 ‘‘(3) COORDINATION.—The Secretary shall so15 licit grant applications for national transportation 

16 centers, regional transportation centers, and Tier 1 

17 university transportation centers with identical ad18 vertisement schedules and deadlines. 

19 ‘‘(4) GENERAL SELECTION CRITERIA.— 

20 ‘‘(A) IN GENERAL.—Except as otherwise 

21 provided by this section, the Secretary shall 

22 award grants under this section in nonexclusive 

23 candidate topic areas established by the Sec24 retary that address the research priorities iden25 tified in section 503 of title 23. 


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1 ‘‘(B) CRITERIA.—The Secretary, in con2 sultation with the Assistant Secretary for Re3 search and Technology and the Administrator 

4 of the Federal Highway Administration, shall 

5 select each recipient of a grant under this sec6 tion through a competitive process based on the 

7 assessment of the Secretary relating to— 

8 ‘‘(i) the demonstrated ability of the 

9 recipient to address each specific topic area 

10 described in the research and strategic 

11 plans of the recipient; 

12 ‘‘(ii) the demonstrated research, tech13 nology transfer, and education resources 

14 available to the recipient to carry out this 

15 section; 

16 ‘‘(iii) the ability of the recipient to 

17 provide leadership in solving immediate 

18 and long-range national and regional 

19 transportation problems; 

20 ‘‘(iv) the ability of the recipient to 

21 carry out research, education, and tech22 nology transfer activities that are 

23 multimodal and multidisciplinary in scope; 

24 ‘‘(v) the demonstrated commitment of 

25 the recipient to carry out transportation 


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1 workforce development programs 

2 through— 

3 ‘‘(I) degree-granting programs or 

4 programs that provide other industry5 recognized credentials; and 

6 ‘‘(II) outreach activities to at7 tract new entrants into the transpor8 tation field; 

9 ‘‘(vi) the demonstrated ability of the 

10 recipient to disseminate results and spur 

11 the implementation of transportation re12 search and education programs through 

13 national or statewide continuing education 

14 programs; 

15 ‘‘(vii) the demonstrated commitment 

16 of the recipient to the use of peer review 

17 principles and other research best practices 

18 in the selection, management, and dissemi19 nation of research projects; 

20 ‘‘(viii) the strategic plan submitted by 

21 the recipient describing the proposed re22 search to be carried out by the recipient 

23 and the performance metrics to be used in 

24 assessing the performance of the recipient 

25 in meeting the stated research, technology 


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1 transfer, education, and outreach goals; 

2 and 

3 ‘‘(ix) the ability of the recipient to im4 plement the proposed program in a cost-ef5 ficient manner, such as through cost shar6 ing and overall reduced overhead, facilities, 

7 and administrative costs. 

8 ‘‘(5) TRANSPARENCY.— 

9 ‘‘(A) IN GENERAL.—The Secretary shall 

10 provide to each applicant, upon request, any 

11 materials, including copies of reviews (with any 

12 information that would identify a reviewer re13 dacted), used in the evaluation process of the 

14 proposal of the applicant. 

15 ‘‘(B) REPORTS.—The Secretary shall sub16 mit to the Committees on Transportation and 

17 Infrastructure and Science, Space, and Tech18 nology of the House of Representatives and the 

19 Committee on Environment and Public Works 

20 of the Senate a report describing the overall re21 view process under paragraph (3) that in22 cludes— 

23 ‘‘(i) specific criteria of evaluation used 

24 in the review; 


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1 ‘‘(ii) descriptions of the review proc2 ess; and 

3 ‘‘(iii) explanations of the selected 

4 awards. 

5 ‘‘(6) OUTSIDE STAKEHOLDERS.—The Secretary 

6 shall, to the maximum extent practicable, consult ex7 ternal stakeholders such as the Transportation Re8 search Board of the National Research Council of 

9 the National Academies to evaluate and competi10 tively review all proposals. 

11 ‘‘(c) GRANTS.— 

12 ‘‘(1) IN GENERAL.—Not later than 1 year after 

13 the date of enactment of this section, the Secretary, 

14 Assistant Secretary for Research and Technology 

15 and the Administrator of the Federal Highway Ad16 ministration shall select grant recipients under sub17 section (b) and make grant amounts available to the 

18 selected recipients. 

19 ‘‘(2) NATIONAL TRANSPORTATION CENTERS.— 

20 ‘‘(A) IN GENERAL.—Subject to subpara21 graph (B), the Secretary shall provide grants to 

22 5 consortia that the Secretary determines best 

23 meet the criteria described in subsection (b)(4). 

24 ‘‘(B) RESTRICTIONS.— 


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1 ‘‘(i) IN GENERAL.—For each fiscal 

2 year, a grant made available under this 

3 paragraph shall be not greater than 

4 $4,000,000 and not less than $2,000,000 

5 per recipient. 

6 ‘‘(ii) FOCUSED RESEARCH.—A consor7 tium receiving a grant under this para8 graph shall focus research on 1 of the 

9 transportation issue areas specified in sec10 tion 508(a)(2) of title 23, United States 

11 Code. 

12 ‘‘(C) MATCHING REQUIREMENT.— 

13 ‘‘(i) IN GENERAL.—As a condition of 

14 receiving a grant under this paragraph, a 

15 grant recipient shall match 100 percent of 

16 the amounts made available under the 

17 grant. 

18 ‘‘(ii) SOURCES.—The matching 

19 amounts referred to in clause (i) may in20 clude amounts made available to the recipi21 ent under— 

22 ‘‘(I) section 504(b) of title 23, 

23 United States Code; or 

24 ‘‘(II) section 505 of title 23, 

25 United States Code. 


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1 ‘‘(3) REGIONAL UNIVERSITY TRANSPORTATION

2 CENTERS.— 

3 ‘‘(A) LOCATION OF REGIONAL CENTERS.— 

4 One regional university transportation center 

5 shall be located in each of the 10 Federal re6 gions that comprise the Standard Federal Re7 gions established by the Office of Management 

8 and Budget in the document entitled ‘Standard 

9 Federal Regions’ and dated April, 1974 (cir10 cular A–105). 

11 ‘‘(B) SELECTION CRITERIA.—In con12 ducting a competition under subsection (b), the 

13 Secretary shall provide grants to 10 consortia 

14 on the basis of— 

15 ‘‘(i) the criteria described in sub16 section (b)(4); 

17 ‘‘(ii) the location of the lead center 

18 within the Federal region to be served; and 

19 ‘‘(iii) whether the consortium of insti20 tutions demonstrates that the consortium 

21 has a well-established, nationally recog22 nized program in transportation research 

23 and education, as evidenced by— 


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1 ‘‘(I) recent expenditures by the 

2 institution in highway or public trans3 portation research; 

4 ‘‘(II) a historical track record of 

5 awarding graduate degrees in profes6 sional fields closely related to high7 ways and public transportation; and 

8 ‘‘(III) an experienced faculty who 

9 specialize in professional fields closely 

10 related to highways and public trans11 portation. 

12 ‘‘(C) RESTRICTIONS.—For each fiscal 

13 year, a grant made available under this para14 graph shall be not greater than $3,000,000 and 

15 not less than $1,500,000 per recipient. 

16 ‘‘(D) MATCHING REQUIREMENTS.— 

17 ‘‘(i) IN GENERAL.—As a condition of 

18 receiving a grant under this paragraph, a 

19 grant recipient shall match 100 percent of 

20 the amounts made available under the 

21 grant. 

22 ‘‘(ii) SOURCES.—The matching 

23 amounts referred to in clause (i) may in24 clude amounts made available to the recipi25 ent under— 


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1 ‘‘(I) section 504(b) of title 23, 

2 United States Code; or 

3 ‘‘(II) section 505 of title 23, 

4 United States Code. 

5 ‘‘(E) FOCUSED RESEARCH.—The Secretary 

6 shall make a grant to 1 of the 10 regional uni7 versity transportation centers established under 

8 this paragraph for the purpose of furthering the 

9 objectives described in subsection (a)(2) in the 

10 field of comprehensive transportation safety. 

11 ‘‘(4) TIER 1 UNIVERSITY TRANSPORTATION

12 CENTERS.— 

13 ‘‘(A) IN GENERAL.—The Secretary shall 

14 provide grants of not greater than $2,000,000 

15 and not less than $1,000,000 to not more than 

16 20 recipients to carry out this paragraph. 

17 ‘‘(B) MATCHING REQUIREMENT.— 

18 ‘‘(i) IN GENERAL.—As a condition of 

19 receiving a grant under this paragraph, a 

20 grant recipient shall match 50 percent of 

21 the amounts made available under the 

22 grant. 

23 ‘‘(ii) SOURCES.—The matching 

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1 clude amounts made available to the recipi2 ent under— 

3 ‘‘(I) section 504(b) of title 23, 

4 United States Code; or 

5 ‘‘(II) section 505 of title 23, 

6 United States Code. 

7 ‘‘(C) FOCUSED RESEARCH.—In awarding 

8 grants under this paragraph, consideration shall 

9 be given to minority institutions, as defined by 

10 section 365 of the Higher Education Act of 

11 1965 (20 U.S.C. 1067k), or consortia that in12 clude such institutions that have demonstrated 

13 an ability in transportation-related research. 

14 ‘‘(d) PROGRAM COORDINATION.— 

15 ‘‘(1) IN GENERAL.—The Secretary shall— 

16 ‘‘(A) coordinate the research, education, 

17 and technology transfer activities carried out by 

18 grant recipients under this section; and 

19 ‘‘(B) disseminate the results of that re20 search through the establishment and operation 

21 of a publically accessible online information 

22 clearinghouse. 

23 ‘‘(2) ANNUAL REVIEW AND EVALUATION.—Not 

24 less frequently than annually, and consistent with 


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1 the plan developed under section 508 of title 23, the 

2 Secretary shall— 

3 ‘‘(A) review and evaluate the programs 

4 carried out under this section by grant recipi5 ents; and 

6 ‘‘(B) submit to the Committees on Trans7 portation and Infrastructure and Science, 

8 Space, and Technology of the House of Rep9 resentatives and the Committee on Environ10 ment and Public Works of the Senate a report 

11 describing that review and evaluation. 

12 ‘‘(3) PROGRAM EVALUATION AND OVER13 SIGHT.—For each of fiscal years 2016 through 

14 2021, the Secretary shall expend not more than 1 

15 and a half percent of the amounts made available to 

16 the Secretary to carry out this section for any co17 ordination, evaluation, and oversight activities of the 

18 Secretary under this section. 

19 ‘‘(e) LIMITATION ON AVAILABILITY OF AMOUNTS.— 

20 Amounts made available to the Secretary to carry out this 

21 section shall remain available for obligation by the Sec22 retary for a period of 3 years after the last day of the 

23 fiscal year for which the amounts are authorized. 

24 ‘‘(f) INFORMATION COLLECTION.—Any survey, ques25 tionnaire, or interview that the Secretary determines to 


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1 be necessary to carry out reporting requirements relating 

2 to any program assessment or evaluation activity under 

3 this section, including customer satisfaction assessments, 

4 shall not be subject to chapter 35 of title 44.’’. 

5 SEC. 6014. BUREAU OF TRANSPORTATION STATISTICS. 

6 (a) BUREAU OF TRANSPORTATION STATISTICS.— 

7 Section 6302(b)(3)(B) of title 49, United States Code, is 

8 amended— 

9 (1) in clause (vi)(III) by striking ‘‘section 

10 6310’’ and inserting ‘‘section 6309’’; 

11 (2) by redesignating clauses (vii), (viii), (ix), 

12 and (x) as clauses (x), (xi), (xii), and (xiii), respec13 tively; and 

14 (3) by inserting after clause (vi) the following: 

15 ‘‘(vii) develop and improve transpor16 tation economic accounts to meet demand 

17 for methods for estimating the economic 

18 value of transportation infrastructure, in19 vestment, and services; 

20 ‘‘(viii) not be required to obtain the 

21 approval of any other officer or employee 

22 of the Department in connection with the 

23 collection or analysis of any information; 

24 ‘‘(ix) Not be required, prior to publi25 cation, to obtain the approval of any other 


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1 officer or employee of the Federal Govern2 ment with respect to the substance of any 

3 statistical technical reports or press re4 leases that the Director has prepared in 

5 accordance with the law.’’. 

6 (b) TECHNICAL AMENDMENT.—Section 6311(5) of 

7 title 49, United States Code, is amended by striking ‘‘sec8 tion 6310’’ and inserting ‘‘section 6309’’. 

9 SEC. 6015. SURFACE TRANSPORTATION SYSTEM FUNDING 

10 ALTERNATIVES. 

11 (a) IN GENERAL.—The Secretary shall establish a 

12 program to provide grants to States to demonstrate user13 based alternative revenue mechanisms that utilize a user 

14 fee structure to maintain the long-term solvency of the 

15 Highway Trust Fund. 

16 (b) APPLICATION.—To be eligible for a grant under 

17 this section, a State or group of States shall submit to 

18 the Secretary an application in such form and containing 

19 such information as the Secretary may require. 

20 (c) OBJECTIVES.—The Secretary shall ensure that 

21 the activities carried out using funds provided under this 

22 section meet the following objectives: 

23 (1) To test the design, acceptance, and imple24 mentation of 2 or more future user-based alternative 

25 revenue mechanisms. 


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1 (2) To improve the functionality of such user2 based alternative revenue mechanisms. 

3 (3) To conduct outreach to increase public 

4 awareness regarding the need for alternative funding 

5 sources for surface transportation programs and to 

6 provide information on possible approaches. 

7 (4) To provide recommendations regarding 

8 adoption and implementation of user-based alter9 native revenue mechanisms. 

10 (5) To minimize the administrative cost of any 

11 potential user-based alternative revenue mechanisms. 

12 (d) USE OF FUNDS.—A State or group of States re13 ceiving funds under this section to test the design, accept14 ance, and implementation of a user-based alternative rev15 enue mechanism— 

16 (1) shall address— 

17 (A) the implementation, interoperability, 

18 public acceptance, and other potential hurdles 

19 to the adoption of the user-based alternative 

20 revenue mechanism; 

21 (B) the protection of personal privacy; 

22 (C) the use of independent and private 

23 third-party vendors to collect fees and operate 

24 the user-based alternative revenue mechanism; 


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1 (D) market based congestion mitigation, if 

2 appropriate; 

3 (E) equity concerns, including the impacts 

4 of the user-based alternative revenue mecha5 nism on differing income groups, various geo6 graphic areas, and the relative burdens on rural 

7 and urban drivers; 

8 (F) ease of compliance for different users 

9 of the transportation system; and 

10 (G) the reliability and security of tech11 nology used to implement the user-based alter12 native revenue mechanism; and 

13 (2) may address— 

14 (A) the flexibility and choices of user-based 

15 alternative revenue mechanisms, including the 

16 ability of users to select from various tech17 nology and payment options; 

18 (B) the cost of administering the user19 based alternative revenue mechanism; and 

20 (C) the ability of the administering entity 

21 to audit and enforce user compliance. 

22 (e) CONSIDERATION.—The Secretary shall consider 

23 geographic diversity in awarding grants under this section. 

24 (f) LIMITATIONS ON REVENUE COLLECTED.—Any 

25 revenue collected through a user-based alternative revenue 


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1 mechanism established using funds provided under this 

2 section shall not be considered a toll under section 301 

3 of title 23, United States Code. 

4 (g) FEDERAL SHARE.—The Federal share of the cost 

5 of an activity carried out under this section may not ex6 ceed 50 percent of the total cost of the activity. 

7 (h) REPORT TO SECRETARY.—Not later than 1 year 

8 after the date on which the first eligible entity receives 

9 a grant under this section, and each year thereafter, each 

10 recipient of a grant under this section shall submit to the 

11 Secretary a report that describes— 

12 (1) how the demonstration activities carried out 

13 with grant funds meet the objectives described in 

14 subsection (c); and 

15 (2) lessons learned for future deployment of al16 ternative revenue mechanisms that utilize a user fee 

17 structure. 

18 (i) BIENNIAL REPORTS.—Not later than 2 years 

19 after the date of enactment of this Act, and every 2 years 

20 thereafter until the completion of the demonstration ac21 tivities under this section, the Secretary shall make avail22 able to the public on an Internet Web site a report describ23 ing the progress of the demonstration activities. 

24 (j) FUNDING.—Of the funds authorized to carry out 

25 section 503(b) of title 23, United States Code— 


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1 (1) $15,000,000 shall be used to carry out this 

2 section for fiscal year 2016; and 

3 (2) $20,000,000 shall be used to carry out this 

4 section for each of fiscal years 2017 through 2021. 

5 (k) GRANT FLEXIBILITY.—If, by August 1 of each 

6 fiscal year, the Secretary determines that there are not 

7 enough grant applications that meet the requirements of 

8 this section for a fiscal year, Secretary shall transfer to 

9 the program under section 503(b) of title 23, United 

10 States Code— 

11 (1) any of the funds reserved for the fiscal year 

12 under subsection (j) that the Secretary has not yet 

13 awarded under this section; and 

14 (2) an amount of obligation limitation equal to 

15 the amount of funds that the Secretary transfers 

16 under paragraph (1). 

17 SEC. 6016. FUTURE INTERSTATE STUDY. 

18 (a) FUTURE INTERSTATE SYSTEM STUDY.—Not 

19 later than 180 days after the date of enactment of this 

20 Act, the Secretary shall enter into an agreement with the 

21 Transportation Research Board of the National Acad22 emies to conduct a study on the actions needed to upgrade 

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1 mier system that meets the growing and shifting demands 

2 of the 21st century. 

3 (b) METHODOLOGIES.—In conducting the study, the 

4 Transportation Research Board shall build on the meth5 odologies examined and recommended in the report pre6 pared for the American Association of State Highway and 

7 Transportation Officials titled ‘‘National Cooperative 

8 Highway Research Program Project 20–24(79): Specifica9 tions for a National Study of the Future 3R, 4R, and Ca10 pacity Needs of the Interstate System’’, dated December 

11 2013. 

12 (c) CONTENTS OF STUDY.—The study— 

13 (1) shall include specific recommendations re14 garding the features, standards, capacity needs, ap15 plication of technologies, and intergovernmental 

16 roles to upgrade the Interstate System, including 

17 any revisions to law (including regulations) that the 

18 Transportation Research Board determines appro19 priate; and 

20 (2) is encouraged to build on the institutional 

21 knowledge in the highway industry in applying the 

22 techniques involved in implementing the study. 

23 (d) CONSIDERATIONS.—In carrying out the study, 

24 the Transportation Research Board shall determine the 


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1 need for reconstruction and improvement of the Interstate 

2 System by considering— 

3 (1) future demands on transportation infra4 structure determined for national planning purposes, 

5 including commercial and private traffic flows to 

6 serve future economic activity and growth; 

7 (2) the expected condition of the current Inter8 state System over the period of 50 years beginning 

9 on the date of enactment of this Act, including long10 term deterioration and reconstruction needs; 

11 (3) features that would take advantage of tech12 nological capabilities to address modern standards of 

13 construction, maintenance, and operations, for pur14 poses of safety, and system management, taking into 

15 further consideration system performance and cost; 

16 and 

17 (4) the resources necessary to maintain and im18 prove the Interstate System. 

19 (e) CONSULTATION.—In carrying out the study, the 

20 Transportation Research Board— 

21 (1) shall convene and consult with a panel of 

22 national experts, including operators and users of 

23 the Interstate System and private sector stake24 holders; and 

25 (2) is encouraged to consult with— 


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1 (A) the Federal Highway Administration; 

2 (B) States; 

3 (C) planning agencies at the metropolitan, 

4 State, and regional levels; 

5 (D) the motor carrier industry; 

6 (E) freight shippers; 

7 (F) highway safety groups; and 

8 (G) other appropriate entities. 

9 (f) REPORT.—Not later than 3 years after the date 

10 of enactment of this Act, the Transportation Research 

11 Board shall make available to the public on an Internet 

12 Web site the results of the study conducted under this sec13 tion. 

14 (g) FUNDING.—From funds made available to carry 

15 out section 503(b) of title 23, United States Code, the 

16 Secretary may use to carry out this section up to 

17 $5,000,000 for fiscal year 2016. 

18 TITLE VII—HAZARDOUS 

19 MATERIALS TRANSPORTATION 

20 SEC. 7001. SHORT TITLE. 

21 This title may be cited as the ‘‘Hazardous Materials 

22 Transportation Safety Improvement Act of 2015’’. 

23 SEC. 7002. AUTHORIZATION OF APPROPRIATIONS. 

24 Section 5128 of title 49, United States Code, is 

25 amended to read as follows: 


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1 ‘‘(a) IN GENERAL.—There are authorized to be ap2 propriated to the Secretary to carry out this chapter (ex3 cept sections 5107(e), 5108(g)(2), 5113, 5115, 5116, and 

4 5119)— 

5 ‘‘(1) $53,000,000 for fiscal year 2016; 

6 ‘‘(2) $55,000,000 for fiscal year 2017; 

7 ‘‘(3) $57,000,000 for fiscal year 2018; 

8 ‘‘(4) $58,000,000 for fiscal year 2019; 

9 ‘‘(5) $60,000,000 for fiscal year 2020; and 

10 ‘‘(6) $62,000,000 for fiscal year 2021. 

11 ‘‘(b) HAZARDOUS MATERIALS EMERGENCY PRE12 PAREDNESS FUND.—From the Hazardous Materials 

13 Emergency Preparedness Fund established under section 

14 5116(h), the Secretary may expend, for each of fiscal 

15 years 2016 through 2021— 

16 ‘‘(1) $21,988,000 to carry out section 5116(a); 

17 ‘‘(2) $150,000 to carry out section 5116(e); 

18 ‘‘(3) $625,000 to publish and distribute the 

19 Emergency Response Guidebook under section 

20 5116(h)(3); and 

21 ‘‘(4) $1,000,000 to carry out section 5116(i). 

22 ‘‘(c) HAZARDOUS MATERIALS TRAINING GRANTS.— 

23 From the Hazardous Materials Emergency Preparedness 

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1 retary may expend $5,000,000 for each of fiscal years 

2 2016 through 2021 to carry out section 5107(e). 

3 ‘‘(d) CREDITS TO APPROPRIATIONS.— 

4 ‘‘(1) EXPENSES.—In addition to amounts oth5 erwise made available to carry out this chapter, the 

6 Secretary may credit amounts received from a State, 

7 Indian tribe, or other public authority or private en8 tity for expenses the Secretary incurs in providing 

9 training to the State, Indian tribe, authority, or en10 tity. 

11 ‘‘(2) AVAILABILITY OF AMOUNTS.—Amounts 

12 made available under this section shall remain avail13 able until expended.’’. 

14 SEC. 7003. NATIONAL EMERGENCY AND DISASTER RE15 SPONSE. 

16 (a) STANDARDS.—Section 5103 of title 49, United 

17 States Code, is amended— 

18 (1) by redesignating subsections (c) and (d) as 

19 subsections (d) and (e), respectively; and 

20 (2) by inserting after subsection (b) the fol21 lowing: 

22 ‘‘(c) FEDERALLY DECLARED DISASTERS AND EMER23 GENCIES.— 

24 ‘‘(1) IN GENERAL.—The Secretary may by 

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1 ble standard prescribed under this chapter without 

2 prior notice and comment and on terms the Sec3 retary considers appropriate if the Secretary deter4 mines that— 

5 ‘‘(A) it is in the public interest to grant 

6 the waiver; 

7 ‘‘(B) the waiver is not inconsistent with 

8 the safety of transporting hazardous materials; 

9 and 

10 ‘‘(C) the waiver is necessary to facilitate 

11 the safe movement of hazardous materials into, 

12 from, and within an area of a major disaster or 

13 emergency that has been declared under the 

14 Robert T. Stafford Disaster Relief and Emer15 gency Assistance Act (42 U.S.C. 5121 et seq.). 

16 ‘‘(2) PERIOD OF WAIVER.—A waiver under this 

17 subsection may be issued for a period of not more 

18 than 60 days and may be renewed upon application 

19 to the Secretary only after notice and an opportunity 

20 for a hearing on the waiver. The Secretary shall im21 mediately revoke the waiver if continuation of the 

22 waiver would not be consistent with the goals and 

23 objectives of this chapter. 


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1 ‘‘(3) STATEMENT OF REASONS.—The Secretary 

2 shall include in any order issued under this section 

3 the reason for granting the waiver.’’. 

4 SEC. 7004. ENHANCED REPORTING. 

5 Section 5121(h) of title 49, United States Code, is 

6 amended by striking ‘‘transmit to the Committee on 

7 Transportation and Infrastructure of the House of Rep8 resentatives and the Committee on Commerce, Science, 

9 and Transportation of the Senate’’ and inserting ‘‘make 

10 available to the public on the Department of Transpor11 tation’s Internet Web site’’. 

12 SEC. 7005. WETLINES. 

13 (a) WITHDRAWAL.—Not later than 30 days after the 

14 date of enactment of this Act, the Secretary shall with15 draw the proposed rule described in the notice of proposed 

16 rulemaking issued on January 27, 2011, entitled ‘‘Safety 

17 Requirements for External Product Piping on Cargo 

18 Tanks Transporting Flammable Liquids’’ (76 Fed. Reg. 

19 4847). 

20 (b) SAVINGS CLAUSE.—Nothing in this section shall 

21 prohibit the Secretary from issuing standards or regula22 tions regarding the safety of external product piping on 

23 cargo tanks transporting flammable liquids after the with24 drawal is carried out pursuant to subsection (a). 


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1 SEC. 7006. IMPROVING PUBLICATION OF SPECIAL PERMITS 

2 AND APPROVALS. 

3 Section 5117 of title 49, United States Code, is 

4 amended— 

5 (1) in subsection (b)— 

6 (A) by striking ‘‘an application for a spe7 cial permit’’ and inserting ‘‘an application for a 

8 new special permit or a modification to an ex9 isting special permit’’; and 

10 (B) by inserting after the first sentence 

11 the following: ‘‘The Secretary shall make avail12 able to the public on the Department of Trans13 portation’s Internet Web site any special permit 

14 other than a new special permit or a modifica15 tion to an existing special permit and shall give 

16 the public an opportunity to inspect the safety 

17 analysis and comment on the application for a 

18 period of not more than 15 days.’’; and 

19 (2) in subsection (c)— 

20 (A) by striking ‘‘publish’’ and inserting 

21 ‘‘make available to the public’’; 

22 (B) by striking ‘‘in the Federal Register’’; 

23 (C) by striking ‘‘180’’ and inserting 

24 ‘‘120’’; and 


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1 (D) by striking ‘‘the special permit’’ and 

2 inserting ‘‘a special permit or approval’’ each 

3 place it appears; and 

4 (3) by adding at the end the following: 

5 ‘‘(g) DISCLOSURE OF FINAL ACTION.—The Sec6 retary shall periodically, but at least every 120 days— 

7 ‘‘(1) publish in the Federal Register notice of 

8 the final disposition of each application for a new 

9 special permit, modification to an existing special 

10 permit, or approval during the preceding quarter; 

11 and 

12 ‘‘(2) make available to the public on the De13 partment of Transportation’s Internet Web site no14 tice of the final disposition of any other special per15 mit during the preceding quarter.’’. 

16 SEC. 7007. GAO STUDY ON ACCEPTANCE OF CLASSIFICA17 TION EXAMINATIONS. 

18 (a) IN GENERAL.—Not later than 120 days after the 

19 date of enactment of this Act, the Comptroller General 

20 of the United States shall evaluate and transmit to the 

21 Secretary, the Committee on Transportation and Infra22 structure of the House of Representatives, and the Com23 mittee on Commerce, Science, and Transportation of the 

24 Senate, a report on the standards, metrics, and protocols 

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1 sons approved to recommend hazard classifications pursu2 ant to section 173.56(b) of title, 49, Code of Federal Reg3 ulations (commonly referred to as ‘‘third-party labs’’). 

4 (b) EVALUATION.—The evaluation required under 

5 subsection (a) shall— 

6 (1) identify what standards and protocols are 

7 used to approve such persons, assess the adequacy 

8 of such standards and protocols to ensure that per9 sons seeking approval are qualified and capable of 

10 performing classifications, and make recommenda11 tions to address any deficiencies identified; 

12 (2) assess the adequacy of the Secretary’s over13 sight of persons approved to perform the classifica14 tions, including the qualification of individuals en15 gaged in the oversight of approved persons, and 

16 make recommendations to enhance oversight suffi17 ciently to ensure that classifications are issued as re18 quired; 

19 (3) identify what standards and protocols exist 

20 to rescind, suspend, or deny approval of persons who 

21 perform such classifications, assess the adequacy of 

22 such standards and protocols, and make rec23 ommendations to enhance such standards and proto24 cols if necessary; and 


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1 (4) include annual data for fiscal years 2005 

2 through 2015 on the number of applications received 

3 for new classifications pursuant to section 173.56(b) 

4 of title 49, Code of Federal Regulations, of those ap5 plications how many classifications recommended by 

6 persons approved by the Secretary were changed to 

7 another classification and the reasons for the 

8 change, and how many hazardous materials inci9 dents have been attributed to a classification rec10 ommended by such approved persons in the United 

11 States. 

12 (c) ACTION PLAN.—Not later than 120 days after re13 ceiving the report required under subsection (a), the Sec14 retary shall make available to the public a plan describing 

15 any actions the Secretary will take to establish standards, 

16 metrics, and protocols based on the findings and rec17 ommendations in the report to ensure that persons ap18 proved to perform classification examinations required 

19 under section 173.56(b) of title 49, Code of Federal Regu20 lations, can sufficiently perform such examinations in a 

21 manner that meets the hazardous materials regulations. 

22 (d) REGULATIONS.—If the report required under 

23 subsection (a) recommends new regulations in order for 

24 the Secretary to have confidence in the accuracy of classi25 fication recommendations rendered by persons approved to 


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1 perform classification examinations required under section 

2 173.56(b) of title 49, Code of Federal Regulations, the 

3 Secretary shall issue such regulations not later than 24 

4 months after the date of enactment of this Act. 

5 SEC. 7008. IMPROVING THE EFFECTIVENESS OF PLANNING 

6 AND TRAINING GRANTS. 

7 (a) PLANNING AND TRAINING GRANTS.—Section 

8 5116 of title 49, United States Code, is amended— 

9 (1) by redesignating subsections (c) through (k) 

10 as subsections (b) through (j), respectively, 

11 (2) by striking subsection (b); and 

12 (3) by striking subsection (a) and inserting the 

13 following: 

14 ‘‘(a) PLANNING AND TRAINING GRANTS.—(1) The 

15 Secretary shall make grants to States and Indian tribes— 

16 ‘‘(A) to develop, improve, and carry out emer17 gency plans under the Emergency Planning and 

18 Community Right-To-Know Act of 1986 (42 U.S.C. 

19 11001 et seq.), including ascertaining flow patterns 

20 of hazardous material on lands under the jurisdic21 tion of a State or Indian tribe, and between lands 

22 under the jurisdiction of a State or Indian tribe and 

23 lands of another State or Indian tribe; 

24 ‘‘(B) to decide on the need for regional haz25 ardous material emergency response teams; and 


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1 ‘‘(C) to train public sector employees to respond 

2 to accidents and incidents involving hazardous mate3 rial. 

4 ‘‘(2) To the extent that a grant is used to train emer5 gency responders under paragraph (1)(C), the State or In6 dian tribe shall provide written certification to the Sec7 retary that the emergency responders who receive training 

8 under the grant will have the ability to protect nearby per9 sons, property, and the environment from the effects of 

10 accidents or incidents involving the transportation of haz11 ardous material in accordance with existing regulations or 

12 National Fire Protection Association standards for com13 petence of responders to accidents and incidents involving 

14 hazardous materials. 

15 ‘‘(3) The Secretary may make a grant to a State or 

16 Indian tribe under paragraph (1) of this subsection only 

17 if— 

18 ‘‘(A) the State or Indian tribe certifies that the 

19 total amount the State or Indian tribe expends (ex20 cept amounts of the Federal Government) for the 

21 purpose of the grant will at least equal the average 

22 level of expenditure for the last 5 years; and 

23 ‘‘(B) any emergency response training provided 

24 under the grant shall consist of— 


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1 ‘‘(i) a course developed or identified under 

2 section 5115 of this title; or 

3 ‘‘(ii) any other course the Secretary deter4 mines is consistent with the objectives of this 

5 section. 

6 ‘‘(4) A State or Indian tribe receiving a grant under 

7 this subsection shall ensure that planning and emergency 

8 response training under the grant is coordinated with ad9 jacent States and Indian tribes. 

10 ‘‘(5) A training grant under paragraph (1)(C) may 

11 be used— 

12 ‘‘(A) to pay— 

13 ‘‘(i) the tuition costs of public sector em14 ployees being trained; 

15 ‘‘(ii) travel expenses of those employees to 

16 and from the training facility; 

17 ‘‘(iii) room and board of those employees 

18 when at the training facility; and 

19 ‘‘(iv) travel expenses of individuals pro20 viding the training; 

21 ‘‘(B) by the State, political subdivision, or In22 dian tribe to provide the training; and 

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1 tion), subject to approval by the Secretary, to pro2 vide the training— 

3 ‘‘(i) if the agreement allows the Secretary 

4 and the State or Indian tribe to conduct ran5 dom examinations, inspections, and audits of 

6 the training without prior notice; 

7 ‘‘(ii) the person agrees to have an 

8 auditable accounting system; and 

9 ‘‘(iii) if the State or Indian tribe conducts 

10 at least one on-site observation of the training 

11 each year. 

12 ‘‘(6) The Secretary shall allocate amounts made 

13 available for grants under this subsection among eligible 

14 States and Indian tribes based on the needs of the States 

15 and Indian tribes for emergency response training. In 

16 making a decision about those needs, the Secretary shall 

17 consider— 

18 ‘‘(A) the number of hazardous material facili19 ties in the State or on land under the jurisdiction of 

20 the Indian tribe; 

21 ‘‘(B) the types and amounts of hazardous mate22 rial transported in the State or on such land; 

23 ‘‘(C) whether the State or Indian tribe imposes 

24 and collects a fee on transporting hazardous mate25 rial; 


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1 ‘‘(D) whether such fee is used only to carry out 

2 a purpose related to transporting hazardous mate3 rial; 

4 ‘‘(E) the past record of the State or Indian 

5 tribe in effectively managing planning and training 

6 grants; and 

7 ‘‘(F) any other factors the Secretary determines 

8 are appropriate to carry out this subsection.’’. 

9 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

10 (1) Section 5108(g) of title 49, United States 

11 Code, is amended by striking ‘‘5116(i)’’ and insert12 ing ‘‘5116(h)’’ each place it appears. 

13 (2) Section 5116 of such title is amended— 

14 (A) in subsection (d), as redesignated by 

15 this section, by striking ‘‘subsections (a)(2)(A) 

16 and (b)(2)(A)’’ and inserting ‘‘subsection 

17 (a)(3)(A)’’; 

18 (B) in subsection (h), as redesignated by 

19 this section— 

20 (i) in paragraph (1) by inserting ‘‘and 

21 section 5107(e)’’ after ‘‘section’’; 

22 (ii) in paragraph (2) by striking ‘‘(f)’’ 

23 and inserting ‘‘(e)’’; and 


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1 (iii) in paragraph (4) by striking 

2 ‘‘5108(g)(2) and 5115’’ and inserting 

3 ‘‘5107(e) and 5108(g)(2)’’; 

4 (C) in subsection (i), as redesignated by 

5 this section, by striking ‘‘subsection (b)’’ and 

6 inserting ‘‘subsection (a)’’; and 

7 (D) in subsection (j), as redesignated by 

8 this section— 

9 (i) by striking ‘‘planning grants allo10 cated under subsection (a), training grants 

11 under subsection (b), and grants under 

12 subsection (j)’’ and inserting ‘‘planning 

13 and training grants under subsection (a) 

14 and grants under subsection (i)’’; and 

15 (ii) by redesignating subparagraphs 

16 (A) through (D) as paragraphs (1) 

17 through (4), respectively. 

18 (c) ENFORCEMENT PERSONNEL.—Section 5107(e) of 

19 title 49, United States Code, is amended by inserting ‘‘, 

20 State and local personnel responsible for enforcing the 

21 safe transportation of hazardous materials, or both’’ after 

22 ‘‘hazmat employees’’ each place it appears. 

23 SEC. 7009. MOTOR CARRIER SAFETY PERMITS. 

24 Section 5109(h) of title 49, United States Code, is 

25 amended to read as follows: 


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1 ‘‘(h) LIMITATION ON DENIAL.—The Secretary may 

2 not deny a non-temporary permit held by a motor carrier 

3 pursuant to this section based on a comprehensive review 

4 of that carrier triggered by safety management system 

5 scores or out-of-service disqualification standards, un6 less— 

7 ‘‘(1) the carrier has the opportunity, prior to 

8 the denial of such permit, to submit a written de9 scription of corrective actions taken and other docu10 mentation the carrier wishes the Secretary to con11 sider, including a corrective action plan; and 

12 ‘‘(2) the Secretary determines the actions or 

13 plan is insufficient to address the safety concerns 

14 identified during the course of the comprehensive re15 view.’’. 

16 SEC. 7010. THERMAL BLANKETS. 

17 (a) REQUIREMENTS.—Not later than 180 days after 

18 the date of enactment of this Act, the Secretary shall issue 

19 such regulations as are necessary to require that each tank 

20 car built to meet the DOT–117 specification and each 

21 non-jacketed tank car modified to meet the DOT–117R 

22 specification be equipped with an insulating blanket with 

at least 1 23 ⁄2-inch-thick material that has been approved by 

24 the Secretary pursuant to section 179.18(c) of title 49, 

25 Code of Federal Regulations. 


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1 (b) SAVINGS CLAUSE.—Nothing in this section shall 

2 prohibit the Secretary from approving new or alternative 

3 technologies or materials as they become available that 

4 provide a level of safety at least equivalent to the level 

5 of safety provided for under subsection (a). 

6 SEC. 7011. COMPREHENSIVE OIL SPILL RESPONSE PLANS. 

7 (a) IN GENERAL.—Chapter 51 of title 49, United 

8 States Code, is amended by inserting after section 5110 

9 the following: 

10 ‘‘§ 5111. Comprehensive oil spill response plans 

11 ‘‘(a) REQUIREMENTS.—Not later than 120 days after 

12 the date of enactment of this section, the Secretary shall 

13 issue such regulations as are necessary to require any rail14 road carrier transporting a Class 3 flammable liquid to 

15 maintain a comprehensive oil spill response plan. 

16 ‘‘(b) CONTENTS.—The regulations under subsection 

17 (a) shall require each railroad carrier described in that 

18 subsection to— 

19 ‘‘(1) include in the comprehensive oil spill re20 sponse plan procedures and resources, including 

21 equipment, for responding, to the maximum extent 

22 practicable, to a worst-case discharge; 

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1 gency Plan and each applicable Area Contingency 

2 Plan; 

3 ‘‘(3) include in the comprehensive oil spill re4 sponse plan appropriate notification and training 

5 procedures and procedures for coordinating with 

6 Federal, State, and local emergency responders; 

7 ‘‘(4) review and update its comprehensive oil 

8 spill response plan as appropriate; and 

9 ‘‘(5) provide the comprehensive oil spill re10 sponse plan for acceptance by the Secretary. 

11 ‘‘(c) SAVINGS CLAUSE.—Nothing in the section may 

12 be construed to prohibit the Secretary from promulgating 

13 differing comprehensive oil response plan standards for 

14 Class I railroads, Class II railroads, and Class III rail15 roads. 

16 ‘‘(d) RESPONSE PLANS.—The Secretary shall— 

17 ‘‘(1) maintain on file a copy of the most recent 

18 comprehensive oil spill response plans prepared by a 

19 railroad carrier transporting a Class 3 flammable 

20 liquid; and 

21 ‘‘(2) provide to a person, upon written request, 

22 a copy of the plan, which may exclude, as the Sec23 retary determines appropriate— 

24 ‘‘(A) proprietary information; 


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1 ‘‘(B) security-sensitive information, includ2 ing information described in section 1520.5(a) 

3 of title 49, Code of Federal Regulations; 

4 ‘‘(C) specific response resources and tac5 tical resource deployment plans; and 

6 ‘‘(D) the specific amount and location of 

7 worst-case discharges, including the process by 

8 which a railroad carrier determines the worst9 case discharge. 

10 ‘‘(e) RELATIONSHIP TO FOIA.—Nothing in this sec11 tion may be construed to require disclose of information 

12 or records that are exempt from disclosure under section 

13 552 of title 5. 

14 ‘‘(f) DEFINITIONS.— 

15 ‘‘(1) AREA CONTINGENCY PLAN.—The term 

16 ‘Area Contingency Plan’ has the meaning given the 

17 term in section 311(a) of the Federal Water Pollu18 tion Control Act (33 U.S.C. 1321(a)). 

19 ‘‘(2) CLASS 3 FLAMMABLE LIQUID.—The term 

20 ‘Class 3 flammable liquid’ has the meaning given the 

21 term flammable liquid in section 173.120 of title 49, 

22 Code of Federal Regulations. 

23 ‘‘(3) CLASS I RAILROAD; CLASS II RAILROAD; 

24 AND CLASS III RAILROAD.—The terms ‘Class I rail25 road’, ‘Class II railroad’, and ‘Class III railroad’ 


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1 have the meaning given those terms in section 

2 20102. 

3 ‘‘(4) NATIONAL CONTINGENCY PLAN.—The 

4 term ‘National Contingency Plan’ has the meaning 

5 given the term in section 1001 of the Oil Pollution 

6 Act of 1990 (33 U.S.C. 2701). 

7 ‘‘(5) RAILROAD CARRIER.—The term ‘railroad 

8 carrier’ has the meaning given the term in section 

9 20102. 

10 ‘‘(6) WORST-CASE DISCHARGE.—The term 

11 ‘worst-case discharge’ means the largest foreseeable 

12 discharge of oil in the event of an accident or inci13 dent, as determined by each railroad carrier in ac14 cordance with regulations issued under this sec15 tion.’’. 

16 (b) CLERICAL AMENDMENT.—The analysis for chap17 ter 51 of title 49, United States Code, is amended by in18 serting after the item relating to section 5110 the fol19 lowing: 

‘‘5111. Comprehensive oil spill response plans.’’. 

20 SEC. 7012. INFORMATION ON HIGH-HAZARD FLAMMABLE 

21 TRAINS. 

22 (a) INFORMATION ON HIGH-HAZARD FLAMMABLE

23 TRAINS.—Not later than 90 days after the date of enact24 ment of this Act, the Secretary shall issue regulations to 

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1 tion on high-hazard flammable trains to State emergency 

2 response commissions consistent with Emergency Order 

3 Docket No. DOT–OST–2014–0067, and include appro4 priate protections from public release of proprietary infor5 mation and security-sensitive information, including infor6 mation described in section 1520.5(a) of title 49, Code of 

7 Federal Regulations. 

8 (b) HIGH-HAZARD FLAMMABLE TRAIN.—The term 

9 ‘‘high-hazard flammable train’’ means a single train trans10 porting 20 or more tank cars loaded with a Class 3 flam11 mable liquid, as such term is defined in section 173.120 

12 of title 49, Code of Federal Regulations, in a continuous 

13 block or a single train transporting 35 or more tank cars 

14 loaded with a Class 3 flammable liquid throughout the 

15 train consist. 

16 SEC. 7013. STUDY AND TESTING OF ELECTRONICALLY-CON17 TROLLED PNEUMATIC BRAKES. 

18 (a) GOVERNMENT ACCOUNTABILITY OFFICE

19 STUDY.— 

20 (1) IN GENERAL.—The Comptroller General of 

21 the United States shall conduct an independent eval22 uation of ECP brake systems, pilot program data, 

23 and the Department’s research and analysis on the 

24 costs, benefits, and effects of ECP brake systems. 


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1 (2) STUDY ELEMENTS.—In completing the 

2 independent evaluation under paragraph (1), the 

3 Comptroller General of the United States shall ex4 amine the following issues related to ECP brake sys5 tems: 

6 (A) Data and modeling results on safety 

7 benefits relative to conventional brakes and to 

8 other braking technologies or systems, such as 

9 distributed power and 2-way end-of-train de10 vices. 

11 (B) Data and modeling results on business 

12 benefits, including the effects of dynamic brak13 ing. 

14 (C) Data on costs, including up-front cap15 ital costs and on-going maintenance costs. 

16 (D) Analysis of potential operational bene17 fits and challenges, including the effects of po18 tential locomotive and car segregation, technical 

19 reliability issues, and network disruptions. 

20 (E) Analysis of potential implementation 

21 challenges, including installation time, positive 

22 train control integration complexities, compo23 nent availability issues, and tank car shop capa24 bilities. 


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1 (F) Analysis of international experiences 

2 with the use of advanced braking technologies. 

3 (3) REPORT.—Not later than 18 months after 

4 the date of enactment of this Act, the Comptroller 

5 General of the United States shall transmit to the 

6 Committee on Transportation and Infrastructure of 

7 the House of Representatives and the Committee on 

8 Commerce, Science, and Transportation of the Sen9 ate a report on the results of the independent eval10 uation under paragraph (1). 

11 (b) EMERGENCY BRAKING APPLICATION TESTING.— 

12 (1) IN GENERAL.—The Secretary shall enter 

13 into an agreement with the National Academy of 

14 Sciences to— 

15 (A) complete testing of ECP brake systems 

16 during emergency braking application, including 

17 more than 1 scenario involving the uncoupling 

18 of a train with 70 or more DOT–117-specifica19 tion or DOT–117R-specification tank cars; and 

20 (B) transmit, not later than 18 months 

21 after the date of enactment of this Act, to the 

22 Committee on Transportation and Infrastruc23 ture of the House of Representatives and the 

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1 portation of the Senate a report on the results 

2 of the testing. 

3 (2) INDEPENDENT EXPERTS.—In completing 

4 the testing under paragraph (1)(A), the National 

5 Academy of Sciences may contract with 1 or more 

6 engineering or rail experts, as appropriate, that— 

7 (A) are not railroad carriers, entities fund8 ed by such carriers, or entities directly im9 pacted by the final rule issued on May 08, 2015 

10 entitled ‘‘Enhanced Tank Car Standards and 

11 Operational Controls for High-Hazard Flam12 mable Trains’’ (80 Fed. Reg. 26643); and 

13 (B) have relevant experience in conducting 

14 railroad safety technology tests or similar crash 

15 tests. 

16 (3) TESTING FRAMEWORK.—In completing the 

17 testing under paragraph (1), the National Academy 

18 of Sciences and each contractor described in para19 graph (2) shall ensure that the testing objectively, 

20 accurately, and reliably measures the performance of 

21 ECP brake systems relative to other braking tech22 nologies or systems, such as distributed power and 

23 2-way end-of-train devices, including differences in— 

24 (A) the number of cars derailed; 

25 (B) the number of cars punctured; 


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1 (C) the measures of in-train forces; and 

2 (D) the stopping distance. 

3 (4) FUNDING.—The Secretary shall provide 

4 funding, as part of the agreement under paragraph 

5 (1), to the National Academy of Sciences for the 

6 testing required under this section— 

7 (A) using sums made available to carry out 

8 sections 20108 and 5118 of title 49, United 

9 States Code; and 

10 (B) to the extent funding under subpara11 graph (A) is insufficient or unavailable to fund 

12 the testing required under this section, using 

13 such sums as are necessary from the amounts 

14 appropriated to the Secretary, the Federal Rail15 road Administration, or the Pipeline and Haz16 ardous Materials Safety Administration, or a 

17 combination thereof. 

18 (5) EQUIPMENT.—The National Academy of 

19 Sciences and each contractor described in paragraph 

20 (2) may receive or use rolling stock, track, and other 

21 equipment or infrastructure from a private entity for 

22 the purposes of conducting the testing required 

23 under this section. 

24 (c) EVIDENCE-BASED APPROACH.— 

25 (1) ANALYSIS.—The Secretary shall— 


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1 (A) not later than 90 days after the report 

2 date, fully incorporate and update the regu3 latory impact analysis of the final rule de4 scribed in subsection (b)(2)(A) of the costs, 

5 benefits, and effects of the applicable ECP 

6 brake system requirements; 

7 (B) as soon as practicable after completion 

8 of the updated analysis under subparagraph 

9 (A), solicit public comment on the analysis for 

10 a period of not more than 30 days; and 

11 (C) not later than 60 days after the end of 

12 the public comment period under subparagraph 

13 (B), post the final updated regulatory impact 

14 analysis on the Department of Transportation’s 

15 Internet Web site. 

16 (2) DETERMINATION.—Not later than 180 days 

17 after the report date, the Secretary shall— 

18 (A) determine, based on whether the final 

19 regulatory impact analysis described in para20 graph (1)(C) demonstrates that the benefits, in21 cluding safety benefits, of the applicable ECP 

22 brake system requirements exceed the costs of 

23 such requirements, whether the applicable ECP 

24 brake system requirements are justified; 


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1 (B) if the applicable ECP brake system re2 quirements are justified, publish in the Federal 

3 Register the determination and reasons for such 

4 determination; and 

5 (C) if the Secretary does not publish the 

6 determination under subparagraph (B), repeal 

7 the applicable ECP brake system requirements. 

8 (3) SAVINGS CLAUSE.—Nothing in this section 

9 shall be construed to prohibit the Secretary from im10 plementing the final rule described under subsection 

11 (b)(2)(A) prior to the determination required under 

12 subsection (c)(2) of this section, or require the Sec13 retary to promulgate a new rulemaking on the provi14 sions of such final rule, other than the applicable 

15 ECP brake system requirements, if the Secretary de16 termines that the applicable ECP brake system re17 quirements are not justified pursuant to this sub18 section. 

19 (d) DEFINITIONS.—In this section, the following defi20 nitions apply: 

21 (1) APPLICABLE ECP BRAKE SYSTEM REQUIRE22 MENTS.—The term ‘‘applicable ECP brake system 

23 requirements’’ means sections 174.310(a)(3)(ii), 

24 174.310(a)(3)(iii), 174.310(a)(5)(v), 179.202–12(g), 

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1 ulations, and any other regulation in effect on the 

2 date of enactment of this Act requiring the installa3 tion of ECP brakes or operation in ECP brake 

4 mode. 

5 (2) CLASS 3 FLAMMABLE LIQUID.—The term 

6 ‘‘Class 3 flammable liquid’’ has the meaning given 

7 the term flammable liquid in section 173.120(a) of 

8 title 49, Code of Federal Regulations. 

9 (3) ECP.—The term ‘‘ECP’’ means electroni10 cally-controlled pneumatic when applied to a brake 

11 or brakes. 

12 (4) ECP BRAKE MODE.—The term ‘‘ECP brake 

13 mode’’ includes any operation of a rail car or an en14 tire train using an ECP brake system. 

15 (5) ECP BRAKE SYSTEM.— 

16 (A) IN GENERAL.—The term ‘‘ECP brake 

17 system’’ means a train power braking system 

18 actuated by compressed air and controlled by 

19 electronic signals from the locomotive or an 

20 ECP–EOT to the cars in the consist for service 

21 and emergency applications in which the brake 

22 pipe is used to provide a constant supply of 

23 compressed air to the reservoirs on each car but 

24 does not convey braking signals to the car. 


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1 (B) INCLUSIONS.—The term ‘‘ECP brake 

2 system’’ includes dual mode and stand-alone 

3 ECP brake systems. 

4 (6) RAILROAD CARRIER.—The term ‘‘railroad 

5 carrier’’ has the meaning given the term in section 

6 20102 of title 49, United States Code. 

7 (7) REPORT DATE.—The term ‘‘report date’’ 

8 means the date that the reports under subsections 

9 (a)(3) and (b)(1)(B) are required to be transmitted 

10 pursuant to those subsections. 

11 SEC. 7014. ENSURING SAFE IMPLEMENTATION OF POSITIVE 

12 TRAIN CONTROL SYSTEMS. 

13 (a) SHORT TITLE.—This section may be cited as the 

14 ‘‘Positive Train Control Enforcement and Implementation 

15 Act of 2015’’. 

16 (b) IN GENERAL.—Section 20157 of title 49, United 

17 States Code, is amended— 

18 (1) in subsection (a)(1)— 

19 (A) by striking ‘‘18 months after the date 

20 of enactment of the Rail Safety Improvement 

21 Act of 2008’’ and inserting ‘‘90 days after the 

22 date of enactment of the Positive Train Control 

23 Enforcement and Implementation Act of 2015’’; 

24 (B) by striking ‘‘develop and’’; 


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1 (C) by striking ‘‘a plan for implementing’’ 

2 and inserting ‘‘a revised plan for imple3 menting’’; 

4 (D) by striking ‘‘December 31, 2015’’ and 

5 inserting ‘‘December 31, 2018’’; and 

6 (E) in subparagraph (B) by striking 

7 ‘‘parts’’ and inserting ‘‘sections’’; 

8 (2) by striking subsection (a)(2) and inserting 

9 the following: 

10 ‘‘(2) IMPLEMENTATION.— 

11 ‘‘(A) CONTENTS OF REVISED PLAN.—A re12 vised plan required under paragraph (1) shall— 

13 ‘‘(i) describe— 

14 ‘‘(I) how the positive train con15 trol system will provide for interoper16 ability of the system with the move17 ments of trains of other railroad car18 riers over its lines; and 

19 ‘‘(II) how, to the extent practical, 

20 the positive train control system will 

21 be implemented in a manner that ad22 dresses areas of greater risk before 

23 areas of lesser risk; 

24 ‘‘(ii) comply with the positive train 

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1 tent requirements under section 236.1011 

2 of title 49, Code of Federal Regulations; 

3 and 

4 ‘‘(iii) provide— 

5 ‘‘(I) the calendar year or years in 

6 which spectrum will be acquired and 

7 will be available for use in each area 

8 as needed for positive train control 

9 system implementation, if such spec10 trum is not already acquired and 

11 available for use; 

12 ‘‘(II) the total amount of positive 

13 train control system hardware that 

14 will be installed for implementation, 

15 with totals separated by each major 

16 hardware category; 

17 ‘‘(III) the total amount of posi18 tive train control system hardware 

19 that will be installed by the end of 

20 each calendar year until the positive 

21 train control system is implemented, 

22 with totals separated by each hard23 ware category; 

24 ‘‘(IV) the total number of em25 ployees required to receive training 


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1 under the applicable positive train 

2 control system regulations; 

3 ‘‘(V) the total number of employ4 ees that will receive the training, as 

5 required under the applicable positive 

6 train control system regulations, by 

7 the end of each calendar year until 

8 the positive train control system is im9 plemented; 

10 ‘‘(VI) a summary of any remain11 ing technical, programmatic, oper12 ational, or other challenges to the im13 plementation of a positive train con14 trol system, including challenges 

15 with— 

16 ‘‘(aa) availability of public 

17 funding; 

18 ‘‘(bb) interoperability; 

19 ‘‘(cc) spectrum; 

20 ‘‘(dd) software; 

21 ‘‘(ee) permitting; and 

22 ‘‘(ff) testing, demonstration, 

23 and certification; and 

24 ‘‘(VII) a schedule and sequence 

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1 trol system by the deadline established 

2 under paragraph (1). 

3 ‘‘(B) ALTERNATIVE SCHEDULE AND SE4 QUENCE.—Notwithstanding the implementation 

5 deadline under paragraph (1) and in lieu of a 

6 schedule and sequence under paragraph 

7 (2)(A)(iii)(VII), a railroad carrier or other enti8 ty subject to paragraph (1) may include in its 

9 revised plan an alternative schedule and se10 quence for implementing a positive train control 

11 system, subject to review under paragraph (3). 

12 Such schedule and sequence shall provide for 

13 implementation of a positive train control sys14 tem as soon as practicable, but not later than 

15 the date that is 24 months after the implemen16 tation deadline under paragraph (1). 

17 ‘‘(C) AMENDMENTS.—A railroad carrier or 

18 other entity subject to paragraph (1) may file 

19 a request to amend a revised plan, including 

20 any alternative schedule and sequence, as appli21 cable, in accordance with section 236.1021 of 

22 title 49, Code of Federal Regulations. 

23 ‘‘(D) COMPLIANCE.—A railroad carrier or 

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1 cordance with its revised plan, including any 

2 amendments or any alternative schedule and se3 quence approved by the Secretary under para4 graph (3). 

5 ‘‘(3) SECRETARIAL REVIEW.— 

6 ‘‘(A) NOTIFICATION.—A railroad carrier or 

7 other entity that submits a revised plan under 

8 paragraph (1) and proposes an alternative 

9 schedule and sequence under paragraph (2)(B) 

10 shall submit to the Secretary a written notifica11 tion when such railroad carrier or other entity 

12 is prepared for review under subparagraph (B). 

13 ‘‘(B) CRITERIA.—Not later than 90 days 

14 after a railroad carrier or other entity submits 

15 a notification under subparagraph (A), the Sec16 retary shall review the alternative schedule and 

17 sequence submitted pursuant to paragraph 

18 (2)(B) and determine whether the railroad car19 rier or other entity has demonstrated, to the 

20 satisfaction of the Secretary, that such carrier 

21 or entity has— 

22 ‘‘(i) installed all positive train control 

23 system hardware consistent with the plan 

24 contents provided pursuant to paragraph 


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1 (2)(A)(iii)(II) on or before the implementa2 tion deadline under paragraph (1); 

3 ‘‘(ii) acquired all spectrum necessary 

4 for implementation of a positive train con5 trol system, consistent with the plan con6 tents provided pursuant to paragraph 

7 (2)(A)(iii)(I) on or before the implementa8 tion deadline under paragraph (1); 

9 ‘‘(iii) completed employee training re10 quired under the applicable positive train 

11 control system regulations; 

12 ‘‘(iv) included in its revised plan an 

13 alternative schedule and sequence for im14 plementing a positive train control system 

15 as soon as practicable, pursuant to para16 graph (2)(B); 

17 ‘‘(v) certified to the Secretary in writ18 ing that it will be in full compliance with 

19 the requirements of this section on or be20 fore the date provided in an alternative 

21 schedule and sequence, subject to approval 

22 by the Secretary; 

23 ‘‘(vi) in the case of a Class I railroad 

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1 enue service demonstration on the majority 

2 of territories, such as subdivisions or dis3 tricts, or route miles that are owned or 

4 controlled by such carrier and required to 

5 have operations governed by a positive 

6 train control system; and 

7 ‘‘(vii) in the case of any other railroad 

8 carrier or other entity not subject to clause 

9 (vi)— 

10 ‘‘(I) initiated revenue service 

11 demonstration on at least 1 territory 

12 that is required to have operations 

13 governed by a positive train control 

14 system; or 

15 ‘‘(II) met any other criteria es16 tablished by the Secretary. 

17 ‘‘(C) DECISION.— 

18 ‘‘(i) IN GENERAL.—Not later than 90 

19 days after the receipt of the notification 

20 from a railroad carrier or other entity 

21 under subparagraph (A), the Secretary 

22 shall— 

23 ‘‘(I) approve an alternative 

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1 road carrier or other entity meets the 

2 criteria in subparagraph (B); and 

3 ‘‘(II) notify in writing the rail4 road carrier or other entity of the de5 cision. 

6 ‘‘(ii) DEFICIENCIES.—Not later than 

7 45 days after the receipt of the notification 

8 under subparagraph (A), the Secretary 

9 shall provide to the railroad carrier or 

10 other entity a written notification of any 

11 deficiencies that would prevent approval 

12 under clause (i) and provide the railroad 

13 carrier or other entity an opportunity to 

14 correct deficiencies before the date speci15 fied in such clause. 

16 ‘‘(D) REVISED DEADLINES.— 

17 ‘‘(i) PENDING REVIEWS.—For a rail18 road carrier or other entity that submits a 

19 notification under subparagraph (A), the 

20 deadline for implementation of a positive 

21 train control system required under para22 graph (1) shall be extended until the date 

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1 quence, if such date is later than the im2 plementation date under paragraph (1). 

3 ‘‘(ii) ALTERNATIVE SCHEDULE AND

4 SEQUENCE DEADLINE.—If the Secretary 

5 approves a railroad carrier or other entity’s 

6 alternative schedule and sequence under 

7 subparagraph (C)(i), the railroad carrier or 

8 other entity’s deadline for implementation 

9 of a positive train control system required 

10 under paragraph (1) shall be the date 

11 specified in that railroad carrier or other 

12 entity’s alternative schedule and sequence. 

13 The Secretary may not approve a date for 

14 implementation that is later than 24 

15 months from the deadline in paragraph 

16 (1).’’; 

17 (3) by striking subsections (c), (d), and (e) and 

18 inserting the following: 

19 ‘‘(c) PROGRESS REPORTS AND REVIEW.— 

20 ‘‘(1) PROGRESS REPORTS.—Each railroad car21 rier or other entity subject to subsection (a) shall, 

22 not later than March 31, 2016, and annually there23 after until such carrier or entity has completed im24 plementation of a positive train control system, subVerDate Sep 11 2014 00:32 Oct 21, 2015 Jkt 059200 PO 00000 Frm 00513 Fmt 6652 Sfmt 6201 E:\BILLS\H3763.IH H3763

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1 mit to the Secretary a report on the progress toward 

2 implementing such systems, including— 

3 ‘‘(A) the information on spectrum acquisi4 tion provided pursuant to subsection 

5 (a)(2)(A)(iii)(I); 

6 ‘‘(B) the totals provided pursuant to sub7 clauses (III) and (V) of subsection 

8 (a)(2)(A)(iii), by territory, if applicable; 

9 ‘‘(C) the extent to which the railroad car10 rier or other entity is complying with the imple11 mentation schedule under subsection 

12 (a)(2)(A)(iii)(VII) or subsection (a)(2)(B); 

13 ‘‘(D) any update to the information pro14 vided under subsection (a)(2)(A)(iii)(VI); 

15 ‘‘(E) for each entity providing regularly 

16 scheduled intercity or commuter rail passenger 

17 transportation, a description of the resources 

18 identified and allocated to implement a positive 

19 train control system; 

20 ‘‘(F) for each railroad carrier or other en21 tity subject to subsection (a), the total number 

22 of route miles on which a positive train control 

23 system has been initiated for revenue service 

24 demonstration or implemented, as compared to 

25 the total number of route miles required to have 


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1 a positive train control system under subsection 

2 (a); and 

3 ‘‘(G) any other information requested by 

4 the Secretary. 

5 ‘‘(2) PLAN REVIEW.—The Secretary shall at 

6 least annually conduct reviews to ensure that rail7 road carriers or other entities are complying with 

8 the revised plan submitted under subsection (a), in9 cluding any amendments or any alternative schedule 

10 and sequence approved by the Secretary. Such rail11 road carriers or other entities shall provide such in12 formation as the Secretary determines necessary to 

13 adequately conduct such reviews. 

14 ‘‘(3) PUBLIC AVAILABILITY.—Not later than 60 

15 days after receipt, the Secretary shall make available 

16 to the public on the Internet Web site of the Depart17 ment of Transportation any report submitted pursu18 ant to paragraph (1) or subsection (d), but may ex19 clude, as the Secretary determines appropriate— 

20 ‘‘(A) proprietary information; and 

21 ‘‘(B) security-sensitive information, includ22 ing information described in section 1520.5(a) 

23 of title 49, Code of Federal Regulations. 

24 ‘‘(d) REPORT TO CONGRESS.—Not later than July 1, 

25 2018, the Secretary shall transmit to the Committee on 


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1 Transportation and Infrastructure of the House of Rep2 resentatives and the Committee on Commerce, Science, 

3 and Transportation of the Senate a report on the progress 

4 of each railroad carrier or other entity subject to sub5 section (a) in implementing a positive train control system. 

6 ‘‘(e) ENFORCEMENT.—The Secretary is authorized to 

7 assess civil penalties pursuant to chapter 213 for— 

8 ‘‘(1) a violation of this section; 

9 ‘‘(2) the failure to submit or comply with the 

10 revised plan required under subsection (a), including 

11 the failure to comply with the totals provided pursu12 ant to subclauses (III) and (V) of subsection 

13 (a)(2)(A)(iii) and the spectrum acquisition dates 

14 provided pursuant to subsection (a)(2)(A)(iii)(I); 

15 ‘‘(3) failure to comply with any amendments to 

16 such revised plan pursuant to subsection (a)(2)(C); 

17 and 

18 ‘‘(4) the failure to comply with an alternative 

19 schedule and sequence submitted under subsection 

20 (a)(2)(B) and approved by the Secretary under sub21 section (a)(3)(C).’’; 

22 (4) in subsection (h)— 

23 (A) by striking ‘‘The Secretary’’ and in24 serting the following: 

25 ‘‘(1) IN GENERAL.—The Secretary’’; and 


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1 (B) by adding at the end the following: 

2 ‘‘(2) PROVISIONAL OPERATION.—Notwith3 standing the requirements of paragraph (1), the Sec4 retary may authorize a railroad carrier or other enti5 ty to commence operation in revenue service of a 

6 positive train control system or component to the ex7 tent necessary to enable the safe implementation and 

8 operation of a positive train control system in 

9 phases.’’; 

10 (5) in subsection (i)— 

11 (A) by redesignating paragraphs (1) 

12 through (3) as paragraphs (3) through (5), re13 spectively; and 

14 (B) by inserting before paragraph (3) (as 

15 so redesignated) the following: 

16 ‘‘(1) EQUIVALENT OR GREATER LEVEL OF

17 SAFETY.—The term ‘equivalent or greater level of 

18 safety’ means the compliance of a railroad carrier 

19 with— 

20 ‘‘(A) appropriate operating rules in place 

21 immediately prior to the use or implementation 

22 of such carrier’s positive train control system, 

23 except that such rules may be changed by such 

24 carrier to improve safe operations; and 


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1 ‘‘(B) all applicable safety regulations, ex2 cept as specified in subsection (j). 

3 ‘‘(2) HARDWARE.—The term ‘hardware’ means 

4 a locomotive apparatus, a wayside interface unit (in5 cluding any associated legacy signal system replace6 ments), switch position monitors needed for a posi7 tive train control system, physical back office system 

8 equipment, a base station radio, a wayside radio, a 

9 locomotive radio, or a communication tower or 

10 pole.’’; and 

11 (6) by adding at the end the following: 

12 ‘‘(j) EARLY ADOPTION.— 

13 ‘‘(1) OPERATIONS.—From the date of enact14 ment of the Positive Train Control Enforcement and 

15 Implementation Act of 2015 through the 1-year pe16 riod beginning on the date on which the last Class 

17 I railroad carrier’s positive train control system sub18 ject to subsection (a) is certified by the Secretary 

19 under subsection (h)(1) of this section and is imple20 mented on all of that railroad carrier’s lines required 

21 to have operations governed by a positive train con22 trol system, any railroad carrier, including any rail23 road carrier that has its positive train control sys24 tem certified by the Secretary, shall not be subject 

25 to the operational restrictions set forth in sections 


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1 236.567 and 236.1029 of title 49, Code of Federal 

2 Regulations, that would apply where a controlling lo3 comotive that is operating in, or is to be operated 

4 in, a positive train control-equipped track segment 

5 experiences a positive train control system failure, a 

6 positive train control operated consist is not pro7 vided by another railroad carrier when provided in 

8 interchange, or a positive train control system other9 wise fails to initialize, cuts out, or malfunctions, pro10 vided that such carrier operates at an equivalent or 

11 greater level of safety than the level achieved imme12 diately prior to the use or implementation of its 

13 positive train control system. 

14 ‘‘(2) SAFETY ASSURANCE.—During the period 

15 described in paragraph (1), if a positive train control 

16 system that has been certified and implemented fails 

17 to initialize, cuts out, or malfunctions, the affected 

18 railroad carrier or other entity shall make reasonable 

19 efforts to determine the cause of the failure and ad20 just, repair, or replace any faulty component causing 

21 the system failure in a timely manner. 

22 ‘‘(3) PLANS.—The positive train control safety 

23 plan for each railroad carrier or other entity shall 

24 describe the safety measures, such as operating rules 

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1 tions, that will be put in place during any system 

2 failure. 

3 ‘‘(4) NOTIFICATION.—During the period de4 scribed in paragraph (1), if a positive train control 

5 system that has been certified and implemented fails 

6 to initialize, cuts out, or malfunctions, the affected 

7 railroad carrier or other entity shall submit a notifi8 cation to the appropriate regional office of the Fed9 eral Railroad Administration within 7 days of the 

10 system failure, or under alternative location and 

11 deadline requirements set by the Secretary, and in12 clude in the notification a description of the safety 

13 measures the affected railroad carrier or other entity 

14 has in place. 

15 ‘‘(k) SMALL RAILROADS.—Not later than 120 days 

16 after the date of the enactment of this Act, the Secretary 

17 shall amend section 236.1006(b)(4)(iii)(B) of title 49, 

18 Code of Federal Regulations (relating to equipping loco19 motives for applicable Class II and Class III railroads op20 erating in positive train control territory) to extend each 

21 deadline under such section by 3 years. 

22 ‘‘(l) REVENUE SERVICE DEMONSTRATION.—When a 

23 railroad carrier or other entity subject to (a)(1) notifies 

24 the Secretary it is prepared to initiate revenue service 

25 demonstration, it shall also notify any applicable tenant 


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1 railroad carrier or other entity subject to subsection 

2 (a)(1).’’. 

3 (c) CONFORMING AMENDMENT.—Section 20157(g), 

4 is amended— 

5 (1) by striking ‘‘The Secretary’’ and inserting 

6 the following: 

7 ‘‘(1) IN GENERAL.—The Secretary’’; and 

8 (2) by adding at the end the following: 

9 ‘‘(2) CONFORMING REGULATORY AMEND10 MENTS.—Immediately after the date of the enact11 ment of the Positive Train Control Enforcement and 

12 Implementation Act of 2015, the Secretary— 

13 ‘‘(A) shall remove or revise the date-spe14 cific deadlines in the regulations or orders im15 plementing this section to the extent necessary 

16 to conform with the amendments made by such 

17 Act; and 

18 ‘‘(B) may not enforce any such date-spe19 cific deadlines or requirements that are incon20 sistent with the amendments made by such Act. 

21 ‘‘(3) REVIEW.—Nothing in the Positive Train 

22 Control Enforcement and Implementation Act of 

23 2015, or the amendments made by such Act, shall 

24 be construed to require the Secretary to issue regu25 lations to implement such Act or amendments other 


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1 than the regulatory amendments required by para2 graph (2) and subsection (k).’’. 

3 TITLE VIII—MULTIMODAL 

4 FREIGHT TRANSPORTATION 

5 SEC. 8001. MULTIMODAL FREIGHT TRANSPORTATION. 

6 (a) IN GENERAL.—Subtitle IX of title 49, United 

7 States Code, is amended to read as follows: 

8 ‘‘Subtitle IX—Multimodal Freight 

9 Transportation 

‘‘Chapter Sec. 

‘‘701. Multimodal freight policy ............................................................... 70101 

‘‘702. Multimodal freight transportation planning and information ....... 70201 

10 ‘‘CHAPTER 701—MULTIMODAL FREIGHT 

11 POLICY 

‘‘Sec. 

‘‘70101. National multimodal freight policy. 

‘‘70102. National freight strategic plan. 

‘‘70103. National Multimodal Freight Network. 

12 ‘‘§ 70101. National multimodal freight policy 

13 ‘‘(a) IN GENERAL.—It is the policy of the United 

14 States to maintain and improve the condition and per15 formance of the National Multimodal Freight Network es16 tablished under section 70103 to ensure that the Network 

17 provides a foundation for the United States to compete 

18 in the global economy and achieve the goals described in 

19 subsection (b). 

20 ‘‘(b) GOALS.—The goals of the national multimodal 

21 freight policy are— 


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1 ‘‘(1) to identify infrastructure improvements, 

2 policies, and operational innovations that— 

3 ‘‘(A) strengthen the contribution of the 

4 National Multimodal Freight Network to the 

5 economic competitiveness of the United States; 

6 ‘‘(B) reduce congestion and eliminate bot7 tlenecks on the National Multimodal Freight 

8 Network; and 

9 ‘‘(C) increase productivity, particularly for 

10 domestic industries and businesses that create 

11 high-value jobs; 

12 ‘‘(2) to improve the safety, security, efficiency, 

13 and resiliency of multimodal freight transportation; 

14 ‘‘(3) to achieve and maintain a state of good re15 pair on the National Multimodal Freight Network; 

16 ‘‘(4) to use innovation and advanced technology 

17 to improve the safety, efficiency, and reliability of 

18 the National Multimodal Freight Network; 

19 ‘‘(5) to improve the economic efficiency of the 

20 National Multimodal Freight Network; 

21 ‘‘(6) to improve the short and long distance 

22 movement of goods that— 

23 ‘‘(A) travel across rural areas between pop24 ulation centers; and 


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1 ‘‘(B) travel between rural areas and popu2 lation centers; 

3 ‘‘(7) to improve the flexibility of States to sup4 port multi-State corridor planning and the creation 

5 of multi-State organizations to increase the ability of 

6 States to address multimodal freight connectivity; 

7 and 

8 ‘‘(8) to reduce the adverse environmental im9 pacts of freight movement on the National 

10 Multimodal Freight Network. 

11 ‘‘§ 70102. National freight strategic plan 

12 ‘‘(a) IN GENERAL.—Not later than 2 years after the 

13 date of enactment of this section, the Secretary of Trans14 portation shall— 

15 ‘‘(1) develop a national freight strategic plan in 

16 accordance with this section; and 

17 ‘‘(2) publish the plan on the public Internet 

18 Web site of the Department of Transportation. 

19 ‘‘(b) CONTENTS.—The national freight strategic plan 

20 shall include— 

21 ‘‘(1) an assessment of the condition and per22 formance of the National Multimodal Freight Net23 work; 

24 ‘‘(2) forecasts of freight volumes for the suc25 ceeding 5-, 10-, and 20-year periods; 


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1 ‘‘(3) an identification of major trade gateways 

2 and national freight corridors that connect major 

3 population centers, trade gateways, and other major 

4 freight generators; 

5 ‘‘(4) an identification of bottlenecks on the Na6 tional Multimodal Freight Network that create sig7 nificant freight congestion, based on a quantitative 

8 methodology developed by the Secretary, which shall, 

9 at a minimum, include— 

10 ‘‘(A) information from the Freight Anal11 ysis Framework of the Federal Highway Ad12 ministration; and 

13 ‘‘(B) to the maximum extent practicable, 

14 an estimate of the cost of addressing each bot15 tleneck and any operational improvements that 

16 could be implemented; 

17 ‘‘(5) an assessment of statutory, regulatory, 

18 technological, institutional, financial, and other bar19 riers to improved freight transportation perform20 ance, and a description of opportunities for over21 coming the barriers; 

22 ‘‘(6) an identification of best practices for im23 proving the performance of the National Multimodal 

24 Freight Network; 


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1 ‘‘(7) a process for addressing multistate 

2 projects and encouraging jurisdictions to collaborate; 

3 and 

4 ‘‘(8) strategies to improve freight intermodal 

5 connectivity. 

6 ‘‘(c) UPDATES.—Not later than 5 years after the date 

7 of completion of the national freight strategic plan under 

8 subsection (a), and every 5 years thereafter, the Secretary 

9 shall update the plan and publish the updated plan on the 

10 public Internet Web site of the Department of Transpor11 tation. 

12 ‘‘(d) CONSULTATION.—The Secretary shall develop 

13 and update the national freight strategic plan in consulta14 tion with State departments of transportation, metropoli15 tan planning organizations, and other appropriate public 

16 and private transportation stakeholders. 

17 ‘‘§ 70103. National Multimodal Freight Network 

18 ‘‘(a) IN GENERAL.—Not later than 180 days after 

19 the date of enactment of this section, the Secretary of 

20 Transportation shall establish the National Multimodal 

21 Freight Network in accordance with this section— 

22 ‘‘(1) to focus Federal policy on the most stra23 tegic freight assets; and 


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1 ‘‘(2) to assist in strategically directing resources 

2 and policies toward improved performance of the 

3 National Multimodal Freight Network. 

4 ‘‘(b) NETWORK COMPONENTS.—The National 

5 Multimodal Freight Network shall consist of— 

6 ‘‘(1) the National Highway Freight Network, as 

7 established under section 167 of title 23; 

8 ‘‘(2) the freight rail systems of Class I rail9 roads, as designated by the Surface Transportation 

10 Board; 

11 ‘‘(3) the public ports of the United States that 

12 have total annual foreign and domestic trade of at 

13 least 2,000,000 short tons, as identified by the Wa14 terborne Commerce Statistics Center of the Army 

15 Corps of Engineers, using the data from the latest 

16 year for which such data is available; 

17 ‘‘(4) the inland and intracoastal waterways of 

18 the United States, as described in section 206 of the 

19 Inland Waterways Revenue Act of 1978 (33 U.S.C. 

20 1804); 

21 ‘‘(5) the Great Lakes, the St. Lawrence Sea22 way, and coastal routes along which domestic freight 

23 is transported; 

24 ‘‘(6) the 50 airports located in the United 

25 States with the highest annual landed weight, as 


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1 identified by the Federal Aviation Administration; 

2 and 

3 ‘‘(7) other strategic freight assets, including 

4 strategic intermodal facilities and freight rail lines of 

5 Class II and Class III railroads, designated by the 

6 Secretary as critical to interstate commerce. 

7 ‘‘(c) REDESIGNATION.—Not later than 5 years after 

8 the date of establishment of the National Multimodal 

9 Freight Network under subsection (a), and every 5 years 

10 thereafter, the Secretary shall update the National 

11 Multimodal Freight Network. 

12 ‘‘(d) CONSULTATION.—The Secretary shall establish 

13 and update the National Multimodal Freight Network in 

14 consultation with State departments of transportation and 

15 other appropriate public and private transportation stake16 holders. 

17 ‘‘(e) LANDED WEIGHT DEFINED.—In this section, 

18 the term ‘landed weight’ means the weight of an aircraft 

19 transporting only cargo in intrastate, interstate, or foreign 

20 air transportation, as such terms are defined in section 

21 40102(a). 

22 ‘‘CHAPTER 702—MULTIMODAL FREIGHT 

23 TRANSPORTATION PLANNING AND IN24 FORMATION 

‘‘Sec. 

‘‘70201. State freight advisory committees. 


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‘‘70202. State freight plans. 

‘‘70203. Data and tools. 

1 ‘‘§ 70201. State freight advisory committees 

2 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

3 shall encourage each State to establish a freight advisory 

4 committee consisting of a representative cross-section of 

5 public and private sector freight stakeholders, including 

6 representatives of ports, freight railroads, shippers, car7 riers, freight-related associations, third-party logistics pro8 viders, the freight industry workforce, the transportation 

9 department of the State, and local governments. 

10 ‘‘(b) ROLE OF COMMITTEE.—A freight advisory com11 mittee of a State described in subsection (a) shall— 

12 ‘‘(1) advise the State on freight-related prior13 ities, issues, projects, and funding needs; 

14 ‘‘(2) serve as a forum for discussion for State 

15 transportation decisions affecting freight mobility; 

16 ‘‘(3) communicate and coordinate regional pri17 orities with other organizations; 

18 ‘‘(4) promote the sharing of information be19 tween the private and public sectors on freight 

20 issues; and 

21 ‘‘(5) participate in the development of the 

22 freight plan of the State described in section 70202. 


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1 ‘‘§ 70202. State freight plans 

2 ‘‘(a) IN GENERAL.—Each State shall develop a 

3 freight plan that provides a comprehensive plan for the 

4 immediate and long-range planning activities and invest5 ments of the State with respect to freight. 

6 ‘‘(b) PLAN CONTENTS.—A freight plan described in 

7 subsection (a) shall include, at a minimum— 

8 ‘‘(1) an identification of significant freight sys9 tem trends, needs, and issues with respect to the 

10 State; 

11 ‘‘(2) a description of the freight policies, strate12 gies, and performance measures that will guide the 

13 freight-related transportation investment decisions of 

14 the State; 

15 ‘‘(3) a description of how the plan will improve 

16 the ability of the State to meet the national freight 

17 goals described in section 70101; 

18 ‘‘(4) evidence of consideration of innovative 

19 technologies and operational strategies, including in20 telligent transportation systems, that improve the 

21 safety and efficiency of freight movement; 

22 ‘‘(5) in the case of routes on which travel by 

23 heavy vehicles (including mining, agricultural, en24 ergy cargo or equipment, and timber vehicles) is pro25 jected to substantially deteriorate the condition of 

26 roadways, a description of improvements that may 


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1 be required to reduce or impede the deterioration; 

2 and 

3 ‘‘(6) an inventory of facilities with freight mo4 bility issues, such as truck bottlenecks, within the 

5 State, and a description of the strategies the State 

6 is employing to address those freight mobility issues. 

7 ‘‘(c) RELATIONSHIP TO STATE PLANS.— 

8 ‘‘(1) IN GENERAL.—A freight plan described in 

9 subsection (a) may be developed separately from or 

10 incorporated into the statewide transportation plans 

11 required by section 135 of title 23. 

12 ‘‘(2) UPDATES.—If the freight plan described 

13 in subsection (a) is developed separately from the 

14 State transportation improvement program, the 

15 freight plan shall be updated at least every 5 years. 

16 ‘‘§ 70203. Data and tools 

17 ‘‘(a) IN GENERAL.—Not later than 1 year after the 

18 date of enactment of this section, the Secretary shall— 

19 ‘‘(1) begin development of new tools or improve 

20 existing tools to support an outcome-oriented, per21 formance-based approach to evaluate proposed 

22 freight-related and other transportation projects, in23 cluding— 

24 ‘‘(A) methodologies for systematic analysis 

25 of benefits and costs; 


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1 ‘‘(B) tools for ensuring that the evaluation 

2 of freight-related and other transportation 

3 projects may consider safety, economic competi4 tiveness, environmental sustainability, and sys5 tem condition in the project selection process; 

6 and 

7 ‘‘(C) other elements to assist in effective 

8 transportation planning; 

9 ‘‘(2) identify transportation-related freight trav10 el models and model data elements to support a 

11 broad range of evaluation methods and techniques to 

12 assist in making transportation investment decisions; 

13 and 

14 ‘‘(3) at a minimum, in consultation with other 

15 relevant Federal agencies, consider any improve16 ments to existing freight flow data collection efforts, 

17 including improved methods to standardize and 

18 manage the data, that could reduce identified freight 

19 data gaps and deficiencies and help improve fore20 casts of freight transportation demand. 

21 ‘‘(b) CONSULTATION.—The Secretary shall consult 

22 with Federal, State, and other stakeholders to develop, im23 prove, and implement the tools and collect the data de24 scribed in subsection (a).’’. 


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1 (b) CLERICAL AMENDMENT.—The analysis of sub2 titles for title 49, United States Code, is amended by strik3 ing the item relating to subtitle IX and inserting the fol4 lowing: 

‘‘IX. Multimodal Freight Transportation .................................70101’’. 

5 (c) REPEALS.—Sections 1117 and 1118 of MAP–21 

6 (Public Law 112–141), and the items relating to such sec7 tions in the table of contents in section 1(c) of such Act, 

8 are repealed. 

9 TITLE IX—NATIONAL SURFACE 

10 TRANSPORTATION AND INNO11 VATIVE FINANCE BUREAU 

12 SEC. 9001. NATIONAL SURFACE TRANSPORTATION AND IN13 NOVATIVE FINANCE BUREAU. 

14 (a) IN GENERAL.—Chapter 1 of title 49, United 

15 States Code, is amended by adding at the end the fol16 lowing: 

17 ‘‘§ 116. National Surface Transportation and Innova18 tive Finance Bureau 

19 ‘‘(a) ESTABLISHMENT.—The Secretary of Transpor20 tation shall establish a National Surface Transportation 

21 and Innovative Finance Bureau in the Department. 

22 ‘‘(b) PURPOSES.—The purposes of the Bureau shall 

23 be— 


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1 ‘‘(1) to administer the application processes for 

2 programs within the Department in accordance with 

3 subsection (d); 

4 ‘‘(2) to promote innovative financing best prac5 tices in accordance with subsection (e); 

6 ‘‘(3) to reduce uncertainty and delays with re7 spect to environmental reviews and permitting in ac8 cordance with subsection (f); 

9 ‘‘(4) to reduce costs and risks to taxpayers in 

10 project delivery and procurement in accordance with 

11 subsection (g); and 

12 ‘‘(5) to carry out subtitle IX of this title. 

13 ‘‘(c) EXECUTIVE DIRECTOR.— 

14 ‘‘(1) APPOINTMENT.—The Bureau shall be 

15 headed by an Executive Director, who shall be ap16 pointed in the competitive service by the Secretary, 

17 with the approval of the President. 

18 ‘‘(2) DUTIES.—The Executive Director shall— 

19 ‘‘(A) report to the Under Secretary of 

20 Transportation for Policy; 

21 ‘‘(B) be responsible for the management 

22 and oversight of the daily activities, decisions, 

23 operations, and personnel of the Bureau; 


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1 ‘‘(C) support the Council on Credit and Fi2 nance established under section 117 in accord3 ance with this section; and 

4 ‘‘(D) carry out such additional duties as 

5 the Secretary may prescribe. 

6 ‘‘(d) ADMINISTRATION OF CERTAIN APPLICATION

7 PROCESSES.— 

8 ‘‘(1) IN GENERAL.—The Bureau shall admin9 ister the application processes for the following pro10 grams: 

11 ‘‘(A) The infrastructure finance programs 

12 authorized under chapter 6 of title 23. 

13 ‘‘(B) The railroad rehabilitation and im14 provement financing program authorized under 

15 sections 501 through 503 of the Railroad Revi16 talization and Regulatory Reform Act of 1976 

17 (45 U.S.C. 821–823). 

18 ‘‘(C) Amount allocations authorized under 

19 section 142(m) of the Internal Revenue Code of 

20 1986. 

21 ‘‘(D) The nationally significant freight and 

22 highway projects program under section 117 of 

23 title 23. 

24 ‘‘(2) CONGRESSIONAL NOTIFICATION.—The 

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1 cation requirements for each program referred to in 

2 paragraph (1) are followed in accordance with the 

3 statutory provisions applicable to the program. 

4 ‘‘(3) REPORTS.—The Secretary shall ensure 

5 that the reporting requirements for each program 

6 referred to in paragraph (1) are followed in accord7 ance with the statutory provisions applicable to the 

8 program. 

9 ‘‘(4) COORDINATION.—In administering the ap10 plication processes for the programs referred to in 

11 paragraph (1), the Executive Director of the Bureau 

12 shall coordinate with appropriate officials in the De13 partment and its modal administrations responsible 

14 for administering such programs. 

15 ‘‘(5) STREAMLINING APPROVAL PROCESSES.— 

16 Not later than 1 year after the date of enactment 

17 of this section, the Secretary shall submit to the 

18 Committee on Transportation and Infrastructure of 

19 the House of Representatives and the Committee on 

20 Commerce, Science, and Transportation, the Com21 mittee on Banking, Housing, and Urban Affairs, 

22 and the Committee on Environment and Public 

23 Works of the Senate a report that— 

24 ‘‘(A) evaluates the application processes 

25 for the programs referred to in paragraph (1); 


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1 ‘‘(B) identifies administrative and legisla2 tive actions that would improve the efficiency of 

3 the application processes without diminishing 

4 Federal oversight; and 

5 ‘‘(C) describes how the Secretary will im6 plement administrative actions identified under 

7 subparagraph (B) that do not require an Act of 

8 Congress. 

9 ‘‘(6) PROCEDURES AND TRANSPARENCY.— 

10 ‘‘(A) PROCEDURES.—The Secretary shall, 

11 with respect to the programs referred to in 

12 paragraph (1)— 

13 ‘‘(i) establish procedures for analyzing 

14 and evaluating applications and for uti15 lizing the recommendations of the Council 

16 on Credit and Finance; 

17 ‘‘(ii) establish procedures for address18 ing late-arriving applications, as applicable, 

19 and communicating the Bureau’s decisions 

20 for accepting or rejecting late applications 

21 to the applicant and the public; and 

22 ‘‘(iii) document major decisions in the 

23 application evaluation process through a 

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1 nism that provides a clear rationale for 

2 such decisions. 

3 ‘‘(B) REVIEW.— 

4 ‘‘(i) IN GENERAL.—The Comptroller 

5 General of the United States shall review 

6 the compliance of the Secretary with the 

7 requirements of this paragraph. 

8 ‘‘(ii) RECOMMENDATIONS.—The 

9 Comptroller General may make rec10 ommendations to the Secretary in order to 

11 improve compliance with the requirements 

12 of this paragraph. 

13 ‘‘(iii) REPORT.—Not later than 3 

14 years after the date of enactment of this 

15 section, the Comptroller General shall sub16 mit to the Committee on Transportation 

17 and Infrastructure of the House of Rep18 resentatives and the Committee on Envi19 ronment and Public Works and the Com20 mittee on Commerce, Science, and Trans21 portation of the Senate a report on the re22 sults of the review conducted under clause 

23 (i), including findings and recommenda24 tions for improvement. 

25 ‘‘(e) INNOVATIVE FINANCING BEST PRACTICES.— 


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1 ‘‘(1) IN GENERAL.—The Bureau shall work 

2 with the modal administrations within the Depart3 ment, the States, and other public and private inter4 ests to develop and promote best practices for inno5 vative financing and public-private partnerships. 

6 ‘‘(2) ACTIVITIES.—The Bureau shall carry out 

7 paragraph (1)— 

8 ‘‘(A) by making Federal credit assistance 

9 programs more accessible to eligible recipients; 

10 ‘‘(B) by providing advice and expertise to 

11 State and local governments that seek to lever12 age public and private funding; 

13 ‘‘(C) by sharing innovative financing best 

14 practices and case studies from State and local 

15 governments with other State and local govern16 ments that are interested in utilizing innovative 

17 financing methods; and 

18 ‘‘(D) by developing and monitoring— 

19 ‘‘(i) best practices with respect to 

20 standardized State public-private partner21 ship authorities and practices, including 

22 best practices related to— 

23 ‘‘(I) accurate and reliable as24 sumptions for analyzing public-private 

25 partnership procurements; 


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1 ‘‘(II) procedures for the handling 

2 of unsolicited bids; 

3 ‘‘(III) policies with respect to 

4 noncompete clauses; and 

5 ‘‘(IV) other significant terms of 

6 public-private partnership procure7 ments, as determined appropriate by 

8 the Bureau; 

9 ‘‘(ii) standard contracts for the most 

10 common types of public-private partner11 ships for transportation facilities; and 

12 ‘‘(iii) analytical tools and other tech13 niques to aid State and local governments 

14 in determining the appropriate project de15 livery model, including a value for money 

16 analysis. 

17 ‘‘(3) TRANSPARENCY.—The Bureau shall— 

18 ‘‘(A) ensure transparency of a project re19 ceiving credit assistance under a program iden20 tified in subsection (d)(1) and procured as a 

21 public-private partnership by— 

22 ‘‘(i) requiring the project sponsor of 

23 such project to undergo a value for money 

24 analysis or a comparable analysis prior to 


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1 deciding to advance the project as a public2 private partnership; 

3 ‘‘(ii) requiring the analysis required 

4 under subparagraph (A) and other key 

5 terms of the relevant public-private part6 nership agreement, to be made publicly 

7 available by the project sponsor at an ap8 propriate time; 

9 ‘‘(iii) not later than 3 years after the 

10 completion of the project, requiring the 

11 project sponsor of such project to conduct 

12 a review regarding whether the private 

13 partner is meeting the terms of the rel14 evant public private partnership agreement 

15 for the project; and 

16 ‘‘(iv) providing a publicly available 

17 summary of the total level of Federal as18 sistance in such project. 

19 ‘‘(B) develop guidance to implement this 

20 paragraph that takes into consideration vari21 ations in State and local laws and requirements 

22 related to public-private partnerships. 

23 ‘‘(4) SUPPORT TO PROJECTS SPONSORS.—At 

24 the request of a State or local government, the Bu25 reau shall provide technical assistance to the State 


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1 or local government regarding proposed public-pri2 vate partnership agreements for transportation fa3 cilities, including assistance in performing a value 

4 for money analysis or comparable analysis. 

5 ‘‘(5) FIXED GUIDEWAY TRANSIT PROCEDURES

6 REPORT.—Not later than 1 year after the date of 

7 enactment of this section, the Secretary shall submit 

8 to the Committee on Transportation and Infrastruc9 ture of the House of Representatives and the Com10 mittee on Banking, Housing, and Urban Affairs of 

11 the Senate a report that— 

12 ‘‘(A) evaluates the differences between tra13 ditional design-bid-build, design-build, and pub14 lic-private partnership procurements for 

15 projects carried out under the fixed guideway 

16 capital investment program authorized under 

17 section 5309; 

18 ‘‘(B) identifies, for project procured as 

19 public-private partnerships whether the review 

20 and approval process under the program re21 quires modification to better suit the unique na22 ture of such procurements; and 

23 ‘‘(C) describes how the Secretary will im24 plement any administrative actions identified 


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1 under subparagraph (B) that do not require an 

2 Act of Congress. 

3 ‘‘(f) ENVIRONMENTAL REVIEW AND PERMITTING.— 

4 ‘‘(1) IN GENERAL.—The Bureau shall take such 

5 actions as are appropriate and consistent with the 

6 goals and policies set forth in this title and title 23, 

7 including with the concurrence of other Federal 

8 agencies as required under this title and title 23, to 

9 improve delivery timelines for projects. 

10 ‘‘(2) ACTIVITIES.—The Bureau shall carry out 

11 paragraph (1)— 

12 ‘‘(A) by serving as the Department’s liai13 son to the Council on Environmental Quality; 

14 ‘‘(B) by coordinating Department-wide ef15 forts to improve the efficiency and effectiveness 

16 of the environmental review and permitting 

17 process; 

18 ‘‘(C) by coordinating Department efforts 

19 under section 139 of title 23; 

20 ‘‘(D) by supporting modernization efforts 

21 at Federal agencies to achieve innovative ap22 proaches to the permitting and review of 

23 projects; 

24 ‘‘(E) by providing technical assistance and 

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1 eral agencies on policy changes and innovative 

2 approaches to the delivery of projects; 

3 ‘‘(F) by identifying, developing, and track4 ing metrics for permit reviews and decisions by 

5 Federal agencies for projects under the Na6 tional Environmental Policy Act of 1969; and 

7 ‘‘(G) by administering and expanding the 

8 use of Internet-based tools providing for— 

9 ‘‘(i) the development and posting of 

10 schedules for permit reviews and permit 

11 decisions for projects; and 

12 ‘‘(ii) the sharing of best practices re13 lated to efficient permitting and reviews 

14 for projects. 

15 ‘‘(3) SUPPORT TO PROJECT SPONSORS.—At the 

16 request of a State or local government, the Bureau, 

17 in coordination with the other appropriate modal 

18 agencies within the Department, shall provide tech19 nical assistance with regard to the compliance of a 

20 project sponsored by the State or local government 

21 with the requirements of the National Environ22 mental Policy Act 1969 and relevant Federal envi23 ronmental permits. 

24 ‘‘(g) PROJECT PROCUREMENT.— 


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1 ‘‘(1) IN GENERAL.—The Bureau shall promote 

2 best practices in procurement for a project receiving 

3 assistance under a program identified in subsection 

4 (d)(1) by developing, in coordination with the Fed5 eral Highway Administration and other modal agen6 cies as appropriate, procurement benchmarks in 

7 order to ensure accountable expenditure of Federal 

8 assistance over the life cycle of such project. 

9 ‘‘(2) PROCUREMENT BENCHMARKS.—The pro10 curement benchmarks developed under paragraph 

11 (1) shall, to the maximum extent practicable— 

12 ‘‘(A) establish maximum thresholds for ac13 ceptable project cost increases and delays in 

14 project delivery; 

15 ‘‘(B) establish uniform methods for States 

16 to measure cost and delivery changes over the 

17 life cycle of a project; and 

18 ‘‘(C) be tailored, as necessary, to various 

19 types of project procurements, including design20 bid-build, design-build, and public private part21 nerships. 

22 ‘‘(h) ELIMINATION AND CONSOLIDATION OF DUPLI23 CATIVE OFFICES.— 

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1 ment if the Secretary determines that the purposes 

2 of the office are duplicative of the purposes of the 

3 Bureau, and the elimination of such office shall not 

4 adversely affect the obligations of the Secretary 

5 under any Federal law. 

6 ‘‘(2) CONSOLIDATION OF OFFICES.—The Sec7 retary may consolidate any office within the Depart8 ment into the Bureau that the Secretary determines 

9 has duties, responsibilities, resources, or expertise 

10 that support the purposes of the Bureau. 

11 ‘‘(3) STAFFING AND BUDGETARY RE12 SOURCES.— 

13 ‘‘(A) IN GENERAL.—The Secretary shall 

14 ensure that the Bureau is adequately staffed 

15 and funded. 

16 ‘‘(B) STAFFING.—The Secretary may 

17 transfer to the Bureau a position within the 

18 Department from any office that is eliminated 

19 or consolidated under this subsection if the Sec20 retary determines that the position is necessary 

21 to carry out the purposes of the Bureau. 

22 ‘‘(C) BUDGETARY RESOURCES.— 

23 ‘‘(i) TRANSFER OF FUNDS FROM

24 ELIMINATED OR CONSOLIDATED OF25 FICES.—The Secretary may transfer to the 


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1 Bureau funds allocated to any office that 

2 is eliminated or consolidated under this 

3 subsection to carry out the purposes of the 

4 Bureau. 

5 ‘‘(ii) TRANSFER OF FUNDS ALLO6 CATED TO ADMINISTRATIVE COSTS.—The 

7 Secretary shall transfer to the Bureau 

8 funds allocated to the administrative costs 

9 of processing applications for the programs 

10 referred to in subsection (d)(1). 

11 ‘‘(4) REPORT.—Not later than 180 days after 

12 the date of enactment of this section, the Secretary 

13 shall submit to the Committee on Transportation 

14 and Infrastructure of the House of Representatives 

15 and the Committee on Environment and Public 

16 Works and the Committee on Commerce, Science, 

17 and Transportation of the Senate a report that— 

18 ‘‘(A) lists the offices eliminated under 

19 paragraph (1) and provides the rationale for 

20 elimination of the offices; 

21 ‘‘(B) lists the offices consolidated under 

22 paragraph (2) and provides the rationale for 

23 consolidation of the offices; and 


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1 ‘‘(C) describes the actions taken under 

2 paragraph (3) and provides the rationale for 

3 taking such actions. 

4 ‘‘(i) SAVINGS PROVISIONS.— 

5 ‘‘(1) LAWS AND REGULATIONS.—Nothing in 

6 this section may be construed to change a law or 

7 regulation with respect to a program referred to in 

8 subsection (d)(1). 

9 ‘‘(2) RESPONSIBILITIES.—Nothing in this sec10 tion may be construed to abrogate the responsibil11 ities of an agency, operating administration, or of12 fice within the Department otherwise charged by a 

13 law or regulation with other aspects of program ad14 ministration, oversight, and project approval or im15 plementation for the programs and projects subject 

16 to this section. 

17 ‘‘(j) DEFINITIONS.—In this section, the following 

18 definitions apply: 

19 ‘‘(1) BUREAU.—The term ‘Bureau’ means the 

20 National Surface Transportation and Innovative Fi21 nance Bureau of the Department. 

22 ‘‘(2) DEPARTMENT.—The term ‘Department’ 

23 means the Department of Transportation. 

24 ‘‘(3) MULTIMODAL PROJECT.—The term 

25 ‘multimodal project’ means a project involving the 


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1 participation of more than one modal administration 

2 or secretarial office within the Department. 

3 ‘‘(4) PROJECT.—The term ‘project’ means a 

4 highway project, public transportation capital 

5 project, freight or passenger rail project, or 

6 multimodal project.’’. 

7 (b) CLERICAL AMENDMENT.—The analysis for such 

8 chapter is amended by adding at the end the following: 

‘‘116. National Surface Transportation and Innovative Finance Bureau.’’. 

9 SEC. 9002. COUNCIL ON CREDIT AND FINANCE. 

10 (a) IN GENERAL.—Chapter 1 of title 49, United 

11 States Code, as amended by this Act, is further amended 

12 by adding at the end the following: 

13 ‘‘§ 117. Council on Credit and Finance 

14 ‘‘(a) ESTABLISHMENT.—The Secretary of Transpor15 tation shall establish a Council on Credit and Finance in 

16 accordance with this section. 

17 ‘‘(b) MEMBERSHIP.— 

18 ‘‘(1) IN GENERAL.—The Council shall be com19 posed of the following members: 

20 ‘‘(A) The Under Secretary of Transpor21 tation for Policy. 

22 ‘‘(B) The Chief Financial Officer and As23 sistant Secretary for Budget and Programs. 

24 ‘‘(C) The General Counsel of the Depart25 ment of Transportation. 


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1 ‘‘(D) The Assistant Secretary for Trans2 portation Policy. 

3 ‘‘(E) The Administrator of the Federal 

4 Highway Administration. 

5 ‘‘(F) The Administrator of the Federal 

6 Transit Administration. 

7 ‘‘(G) The Administrator of the Federal 

8 Railroad Administration. 

9 ‘‘(2) ADDITIONAL MEMBERS.—The Secretary 

10 may designate up to 3 additional officials of the De11 partment to serve as at-large members of the Coun12 cil. 

13 ‘‘(3) CHAIRPERSON AND VICE CHAIRPERSON.— 

14 ‘‘(A) CHAIRPERSON.—The Under Sec15 retary of Transportation for Policy shall serve 

16 as the chairperson of the Council. 

17 ‘‘(B) VICE CHAIRPERSON.—The Chief Fi18 nancial Officer and Assistant Secretary for 

19 Budget and Programs shall serve as the vice 

20 chairperson of the Council. 

21 ‘‘(4) EXECUTIVE DIRECTOR.—The Executive 

22 Director of the National Surface Transportation and 

23 Innovative Finance Bureau shall serve as a non24 voting member of the Council. 

25 ‘‘(c) DUTIES.—The Council shall— 


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1 ‘‘(1) review applications for assistance sub2 mitted under the programs referred to in section 

3 116(d)(1); 

4 ‘‘(2) make recommendations to the Secretary 

5 regarding the selection of projects to receive assist6 ance under the programs referred to in section 

7 116(d)(1); 

8 ‘‘(3) review, on a regular basis, projects that re9 ceived assistance under the programs referred to in 

10 section 116(d)(1); and 

11 ‘‘(4) carry out such additional duties as the 

12 Secretary may prescribe.’’. 

13 (b) CLERICAL AMENDMENT.—The analysis for such 

14 chapter is further amended by adding at the end the fol15 lowing: 

‘‘117. Council on Credit and Finance.’’. 

16 TITLE X—SPORT FISH RESTORA17 TION AND RECREATIONAL 

18 BOATING SAFETY 

19 SEC. 10001. ALLOCATIONS. 

20 (a) AUTHORIZATION.—Section 3 of the Dingell-John21 son Sport Fish Restoration Act (16 U.S.C. 777b) is 

22 amended by striking ‘‘57 percent’’ and inserting ‘‘58.012 

23 percent’’. 


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1 (b) IN GENERAL.—Section 4 of the Dingell-Johnson 

2 Sport Fish Restoration Act (16 U.S.C. 777c) is amend3 ed— 

4 (1) in subsection (a)— 

5 (A) in the matter preceding paragraph 

6 (1)— 

7 (i) by striking ‘‘For each’’ and all that 

8 follows through ‘‘the balance’’ and insert9 ing ‘‘For each fiscal year through fiscal 

10 year 2021, the balance’’; and 

11 (ii) by striking ‘‘multistate conserva12 tion grants under section 14’’ and insert13 ing ‘‘activities under section 14(e)’’; 

14 (B) in paragraph (1), by striking ‘‘18.5’’ 

15 percent and inserting ‘‘18.673 percent’’; 

16 (C) in paragraph (2) by striking ‘‘18.5 

17 percent’’ and inserting ‘‘17.315 percent’’; 

18 (D) by striking paragraphs (3) and (4); 

19 (E) by redesignating paragraph (5) as 

20 paragraph (4); and 

21 (F) by inserting after paragraph (2) the 

22 following: 

23 ‘‘(3) BOATING INFRASTRUCTURE IMPROVE24 MENT.— 


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1 ‘‘(A) IN GENERAL.—An amount equal to 4 

2 percent to the Secretary of the Interior for 

3 qualified projects under section 5604(c) of the 

4 Clean Vessel Act of 1992 (33 U.S.C. 1322 

5 note) and section 7404(d) of the Sportfishing 

6 and Boating Safety Act of 1998 (16 U.S.C. 

7 777g–1(d)). 

8 ‘‘(B) LIMITATION.—Not more than 75 per9 cent of the amount under subparagraph (A) 

10 shall be available for projects under either of 

11 the sections referred to in subparagraph (A).’’; 

12 (2) in subsection (b)— 

13 (A) in paragraph (1)(A) by striking ‘‘for 

14 each’’ and all that follows through ‘‘the Sec15 retary’’ and inserting ‘‘for each fiscal year 

16 through fiscal year 2021, the Secretary’’; 

17 (B) by redesignating paragraph (2) as 

18 paragraph (3); 

19 (C) by inserting after paragraph (1) the 

20 following: 

21 ‘‘(2) SET-ASIDE FOR COAST GUARD ADMINIS22 TRATION.— 

23 ‘‘(A) IN GENERAL.—From the annual ap24 propriation made in accordance with section 3, 

25 for each of fiscal years 2016 through 2021, the 


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1 Secretary of the department in which the Coast 

2 Guard is operating may use no more than the 

3 amount specified in subparagraph (B) for the 

4 fiscal year for the purposes set forth in section 

5 13107(c) of title 46, United States Code. The 

6 amount specified in subparagraph (B) for a fis7 cal year may not be included in the amount of 

8 the annual appropriation distributed under sub9 section (a) for the fiscal year. 

10 ‘‘(B) AVAILABLE AMOUNTS.—The available 

11 amount referred to in subparagraph (A) is— 

12 ‘‘(i) for fiscal year 2016, $7,800,000; 

13 ‘‘(ii) for fiscal year 2017, $7,900,000; 

14 ‘‘(iii) for fiscal year 2018, $8,000,000; 

15 ‘‘(iv) for fiscal year 2019, $8,100,000; 

16 ‘‘(v) for fiscal year 2020, $8,200,000; 

17 and 

18 ‘‘(vi) for fiscal year 2021, 

19 $8,300,000.’’; and 

20 (D) in paragraph (3), as so redesignated— 

21 (i) in subparagraph (A), by striking 

22 ‘‘until the end of the fiscal year.’’ and in23 serting ‘‘until the end of the subsequent 

24 fiscal year.’’; and 


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1 (ii) in subparagraph (B) by striking 

2 ‘‘under subsection (e)’’ and inserting 

3 ‘‘under subsection (c)’’; 

4 (3) in subsection (c)— 

5 (A) by striking ‘‘(c) The Secretary’’ and 

6 inserting ‘‘(c)(1) The Secretary,’’; 

7 (B) by striking ‘‘grants under section 14 of 

8 this title’’ and inserting ‘‘activities under sec9 tion 14(e)’’; 

10 (C) by striking ‘‘57 percent’’ and inserting 

11 ‘‘58.012 percent’’; and 

12 (D) by adding at the end the following: 

13 ‘‘(2) The Secretary shall deduct from the amount to 

14 be apportioned under paragraph (1) the amounts used for 

15 grants under section 14(a).’’; and 

16 (4) in subsection (e)(1), by striking ‘‘those sub17 sections,’’ and inserting ‘‘those paragraphs,’’. 

18 (c) SUBMISSION AND APPROVAL OF PLANS AND

19 PROJECTS.—Section 6(d) of the Dingell-Johnson Sport 

20 Fish Restoration Act (16 U.S.C. 777e(d)) is amended by 

21 striking ‘‘for appropriations’’ and inserting ‘‘from appro22 priations’’. 

23 (d) UNEXPENDED OR UNOBLIGATED FUNDS.—Sec24 tion 8(b)(2) of the Dingell-Johnson Sport Fish RestoraVerDate Sep 11 2014 00:32 Oct 21, 2015 Jkt 059200 PO 00000 Frm 00555 Fmt 6652 Sfmt 6201 E:\BILLS\H3763.IH H3763

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1 tion Act (16 U.S.C. 777g(b)(2)) is amended by striking 

2 ‘‘57 percent’’ and inserting ‘‘58.012 percent’’. 

3 (e) COOPERATION.—Section 12 of the Dingell-John4 son Sport Fish Restoration Act (16 U.S.C. 777k) is 

5 amended— 

6 (1) by striking ‘‘57 percent’’ and inserting 

7 ‘‘58.012 percent’’; and 

8 (2) by striking ‘‘under section 4(b)’’ and insert9 ing ‘‘under section 4(c)’’. 

10 (f) OTHER ACTIVITIES.—Section 14 of the Dingell11 Johnson Sport Fish Restoration Act (16 U.S.C. 777m) 

12 is amended— 

13 (1) in subsection (a)(1), by striking ‘‘of each 

14 annual appropriation made in accordance with the 

15 provisions of section 3’’; and 

16 (2) in subsection (e)— 

17 (A) in the matter preceding paragraph (1) 

18 by striking ‘‘Of amounts made available under 

19 section 4(b) for each fiscal year—’’ and insert20 ing ‘‘Not more than $1,200,000 of each annual 

21 appropriation made in accordance with the pro22 visions of section 3 shall be distributed to the 

23 Secretary of the Interior for use as follows:’’; 

24 and 


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1 (B) in paragraph (1)(D) by striking ‘‘; 

2 and’’ and inserting a period. 

3 (g) REPEAL.—The Dingell-Johnson Sport Fish Res4 toration Act (16 U.S.C. 777 et seq.) is amended— 

5 (1) by striking section 15; and 

6 (2) by redesignating section 16 as section 15. 

7 SEC. 10002. RECREATIONAL BOATING SAFETY. 

8 Section 13107 of title 46, United States Code, is 

9 amended— 

10 (1) in subsection (a)— 

11 (A) by striking ‘‘(1) Subject to paragraph 

12 (2) and subsection (c),’’ and inserting ‘‘Subject 

13 to subsection (c),’’; 

14 (B) by striking ‘‘the sum of (A) the 

15 amount made available from the Boat Safety 

16 Account for that fiscal year under section 15 of 

17 the Dingell-Johnson Sport Fish Restoration Act 

18 and (B)’’; and 

19 (C) by striking paragraph (2); and 

20 (2) in subsection (c)— 

21 (A) by striking the subsection designation 

22 and paragraph (1) and inserting the following: 

23 ‘‘(c)(1)(A) The Secretary may use amounts made 

24 available each fiscal year under section 4(b)(2) of the Din25 gell-Johnson Sport Fish Restoration Act (16 U.S.C. 


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1 777c(b)(2)) for payment of expenses of the Coast Guard 

2 for investigations, personnel, and activities directly related 

3 to— 

4 ‘‘(i) administering State recreational boating 

5 safety programs under this chapter; or 

6 ‘‘(ii) coordinating or carrying out the national 

7 recreational boating safety program under this title. 

8 ‘‘(B) Of the amounts used by the Secretary each fis9 cal year under subparagraph (A)— 

10 ‘‘(i) not less than $2,000,000 is available to en11 sure compliance with chapter 43 of this title; and 

12 ‘‘(ii) not more than $1,500,000 is available to 

13 conduct a survey of levels of recreational boating 

14 participation and related matters in the United 

15 States.’’; and 

16 (B) in paragraph (2)— 

17 (i) by striking ‘‘No funds’’ and insert18 ing ‘‘On and after October 1, 2016, no 

19 funds’’; and 

20 (ii) by striking ‘‘traditionally’’. 

Æ 


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