IB 

Union Calendar No. 241 

114TH CONGRESS 

1ST SESSION H. R. 3763 

[Report No. 114–318] 

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 

OCTOBER 29, 2015 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on October 20, 2015] 


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A BILL 

To authorize funds for Federal-aid highways, highway safety 

programs, and transit programs, and for other purposes. 


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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. 

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. 


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

Sec. 1303. Clarification of transportation environmental authorities. 

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

Sec. 1305. Efficient environmental reviews for project decisionmaking. 

Sec. 1306. Improving transparency in environmental reviews. 

Sec. 1307. Integration of planning and environmental review. 

Sec. 1308. Development of programmatic mitigation plans. 

Sec. 1309. Delegation of authorities. 

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

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

Sec. 1312. Surface transportation project delivery program. 

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

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

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

Sec. 1316. Accelerated decisionmaking in environmental reviews. 

Sec. 1317. Aligning Federal environmental reviews. 

Subtitle D—Miscellaneous 

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

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

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

or driving under the influence. 

Sec. 1404. Highway Trust Fund transparency and accountability. 

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

Sec. 1406. Flexibility for projects. 

Sec. 1407. Productive and timely expenditure of funds. 

Sec. 1408. Consolidation of programs. 

Sec. 1409. Federal share payable. 

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

Sec. 1411. Technical corrections. 

Sec. 1412. Safety for users. 

Sec. 1413. Design standards. 

Sec. 1414. Reserve fund. 

Sec. 1415. Adjustments. 

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

corridors. 

Sec. 1417. Ferries. 

Sec. 1418. Study on performance of bridges. 

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

Sec. 1420. Pilot program. 

Sec. 1421. Innovative project delivery examples. 

Sec. 1422. Administrative provisions to encourage pollinator habitat and forage 

on transportation rights-of-way. 

Sec. 1423. Milk products. 

Sec. 1424. Interstate weight limits for emergency vehicles. 

Sec. 1425. Vehicle weight limitations—Interstate System. 

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

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

Sec. 1428. Work zone and guard rail safety training. 

Sec. 1429. Motorcyclist advisory council. 

Sec. 1430. Highway work zones. 


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TITLE II—INNOVATIVE PROJECT FINANCE 

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

amendments. 

Sec. 2002. State infrastructure bank program. 

Sec. 2003. Availability payment concession model. 

TITLE III—PUBLIC TRANSPORTATION 

Sec. 3001. Short title. 

Sec. 3002. Definitions. 

Sec. 3003. Metropolitan and statewide transportation planning. 

Sec. 3004. Urbanized area formula grants. 

Sec. 3005. Fixed guideway capital investment grants. 

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

disabilities. 

Sec. 3007. Formula grants for rural areas. 

Sec. 3008. Public transportation innovation. 

Sec. 3009. Technical assistance and workforce development. 

Sec. 3010. Bicycle facilities. 

Sec. 3011. General provisions. 

Sec. 3012. Public transportation safety program. 

Sec. 3013. Apportionments. 

Sec. 3014. State of good repair grants. 

Sec. 3015. Authorizations. 

Sec. 3016. Bus and bus facility grants. 

Sec. 3017. Obligation ceiling. 

Sec. 3018. Innovative procurement. 

Sec. 3019. Review of public transportation safety standards. 

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

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

Sec. 3022. Improved transit safety measures. 

Sec. 3023. Paratransit system under FTA approved coordinated plan. 

TITLE IV—HIGHWAY SAFETY 

Sec. 4001. Authorization of appropriations. 

Sec. 4002. Highway safety programs. 

Sec. 4003. Highway safety research and development. 

Sec. 4004. High-visibility enforcement program. 

Sec. 4005. National priority safety programs. 

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

Sec. 4007. Marijuana-impaired driving. 

Sec. 4008. National priority safety program grant eligibility. 

Sec. 4009. Data collection. 

Sec. 4010. Technical corrections. 

TITLE V—MOTOR CARRIER SAFETY 

Subtitle A—Motor Carrier Safety Grant Consolidation 

Sec. 5101. Grants to States. 

Sec. 5102. Performance and registration information systems management. 

Sec. 5103. Authorization of appropriations. 

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


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

2016. 

Sec. 5106. Motor carrier safety assistance program allocation. 

Sec. 5107. Maintenance of effort calculation. 

Subtitle B—Federal Motor Carrier Safety Administration Reform 

PART I—REGULATORY REFORM

Sec. 5201. Notice of cancellation of insurance. 

Sec. 5202. Regulations. 

Sec. 5203. Guidance. 

Sec. 5204. Petitions. 

PART II—COMPLIANCE, SAFETY, ACCOUNTABILITY REFORM

Sec. 5221. Correlation study. 

Sec. 5222. Beyond compliance. 

Sec. 5223. Data certification. 

Sec. 5224. Interim hiring standard. 

Subtitle C—Commercial Motor Vehicle Safety 

Sec. 5301. Implementing safety requirements. 

Sec. 5302. Windshield mounted safety technology. 

Sec. 5303. Prioritizing statutory rulemakings. 

Sec. 5304. Safety reporting system. 

Sec. 5305. New entrant safety review program. 

Sec. 5306. Ready mixed concrete trucks. 

Subtitle D—Commercial Motor Vehicle Drivers 

Sec. 5401. Opportunities for veterans. 

Sec. 5402. Drug-free commercial drivers. 

Sec. 5403. Certified medical examiners. 

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

Sec. 5405. Veterans expanded trucking opportunities. 

Subtitle E—General Provisions 

Sec. 5501. Minimum financial responsibility. 

Sec. 5502. Delays in goods movement. 

Sec. 5503. Report on motor carrier financial responsibility. 

Sec. 5504. Emergency route working group. 

Sec. 5505. Household goods consumer protection working group. 

Sec. 5506. Technology improvements. 

Sec. 5507. Notification regarding motor carrier registration. 

Sec. 5508. Report on commercial driver’s license skills test delays. 

Sec. 5509. Covered farm vehicles. 

Sec. 5510. Operators of hi-rail vehicles. 

Sec. 5511. Electronic logging device requirements. 

Sec. 5512. Technical corrections. 

Sec. 5513. Automobile transporter. 

Sec. 5514. Ready mix concrete delivery vehicles. 

TITLE VI—INNOVATION 

Sec. 6001. Short title. 


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Sec. 6002. Authorization of appropriations. 

Sec. 6003. Advanced transportation and congestion management technologies deployment. 

Sec. 6004. Technology and innovation deployment program. 

Sec. 6005. Intelligent transportation system goals. 

Sec. 6006. Intelligent transportation system program report. 

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

Sec. 6008. Communication systems deployment report. 

Sec. 6009. Infrastructure development. 

Sec. 6010. Departmental research programs. 

Sec. 6011. Research and Innovative Technology Administration. 

Sec. 6012. Office of Intermodalism. 

Sec. 6013. University transportation centers. 

Sec. 6014. Bureau of Transportation Statistics. 

Sec. 6015. Surface transportation system funding alternatives. 

Sec. 6016. Future interstate study. 

Sec. 6017. Highway efficiency. 

Sec. 6018. Motorcycle safety. 

Sec. 6019. Hazardous materials research and development. 

Sec. 6020. Web-based training for emergency responders. 

Sec. 6021. Transportation technology policy working group. 

Sec. 6022. Collaboration and support. 

Sec. 6023. Prize competitions. 

Sec. 6024. GAO report. 

Sec. 6025. Intelligent transportation system purposes. 

Sec. 6026. Infrastructure integrity. 

TITLE VII—HAZARDOUS MATERIALS TRANSPORTATION 

Sec. 7001. Short title. 

Sec. 7002. Authorization of appropriations. 

Sec. 7003. National emergency and disaster response. 

Sec. 7004. Enhanced reporting. 

Sec. 7005. Wetlines. 

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

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

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

Sec. 7009. Motor carrier safety permits. 

Sec. 7010. Thermal blankets. 

Sec. 7011. Comprehensive oil spill response plans. 

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

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

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

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

TITLE VIII—MULTIMODAL FREIGHT TRANSPORTATION 

Sec. 8001. Multimodal freight transportation. 

TITLE IX—NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE 

FINANCE BUREAU 

Sec. 9001. National Surface Transportation and Innovative Finance Bureau. 

Sec. 9002. Council on Credit and Finance. 


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TITLE X—SPORT FISH RESTORATION AND RECREATIONAL BOATING 

SAFETY 

Sec. 10001. Allocations. 

Sec. 10002. Recreational boating safety. 

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 1, 

10 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 authorized 

17 to be appropriated out of the Highway Trust Fund (other 

18 than the Mass Transit Account): 

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

20 national highway performance program under section 

21 119 of title 23, United States Code, the surface trans22 portation block grant program under section 133 of 

23 that title, the highway safety improvement program 


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1 under section 148 of that title, the congestion mitiga2 tion and air quality improvement program under sec3 tion 149 of that title, and to carry out section 134 of 

4 that title— 

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

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

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

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

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

10 and 

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

12 (2) TRANSPORTATION INFRASTRUCTURE FINANCE

13 AND INNOVATION PROGRAM.—For credit assistance 

14 under the transportation infrastructure finance and 

15 innovation program under chapter 6 of title 23, 

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

17 years 2016 through 2021. 

18 (3) FEDERAL LANDS AND TRIBAL TRANSPOR19 TATION PROGRAMS.— 

20 (A) TRIBAL TRANSPORTATION PROGRAM.— 

21 For the tribal transportation program under sec22 tion 202 of title 23, United States Code— 

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

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

25 (iii) $485,000,000 for fiscal year 2018; 


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1 (iv) $490,000,000 for fiscal year 2019; 

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

3 and 

4 (vi) $500,000,000 for fiscal year 2021. 

5 (B) FEDERAL LANDS TRANSPORTATION PRO6 GRAM.— 

7 (i) IN GENERAL.—For the Federal 

8 lands transportation program under section 

9 203 of title 23, United States Code— 

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

11 2016; 

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

13 2017; 

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

15 2018; 

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

17 2019; 

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

19 2020; and 

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

21 2021. 

22 (ii) ALLOCATION.—Of the amount 

23 made available for a fiscal year under 

24 clause (i)— 


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1 (I) the amount for the National 

2 Park Service is— 

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

4 year 2016; 

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

6 year 2017; 

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

8 year 2018; 

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

10 year 2019; 

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

12 year 2020; and 

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

14 year 2021; 

15 (II) the amount for the United 

16 States Fish and Wildlife Service is 

17 $30,000,000 for each of fiscal years 

18 2016 through 2021; and 

19 (III) the amount for the United 

20 States Forest Service is— 

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

22 year 2016; 

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

24 year 2017; 


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

2 year 2018; 

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

4 year 2019; 

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

6 year 2020; and 

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

8 year 2021. 

9 (C) FEDERAL LANDS ACCESS PROGRAM.— 

10 For the Federal lands access program under sec11 tion 204 of title 23, United States Code— 

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

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

14 (iii) $260,000,000 for fiscal year 2018; 

15 (iv) $265,000,000 for fiscal year 2019; 

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

17 and 

18 (vi) $275,000,000 for fiscal year 2021. 

19 (4) TERRITORIAL AND PUERTO RICO HIGHWAY

20 PROGRAM.—For the territorial and Puerto Rico high21 way program under section 165 of title 23, United 

22 States Code, $200,000,000 for each of fiscal years 

23 2016 through 2021. 

24 (5) NATIONALLY SIGNIFICANT FREIGHT AND

25 HIGHWAY PROJECTS.—For nationally significant 


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1 freight and highway projects under section 117 of title 

2 23, United States Code— 

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

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

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

6 2018 through 2021. 

7 (b) DISADVANTAGED BUSINESS ENTERPRISES.— 

8 (1) FINDINGS.—Congress finds that— 

9 (A) while significant progress has occurred 

10 due to the establishment of the disadvantaged 

11 business enterprise program, discrimination and 

12 related barriers continue to pose significant ob13 stacles for minority- and women-owned busi14 nesses seeking to do business in federally assisted 

15 surface transportation markets across the United 

16 States; 

17 (B) the continuing barriers described in 

18 subparagraph (A) merit the continuation of the 

19 disadvantaged business enterprise program; 

20 (C) Congress has received and reviewed tes21 timony and documentation of race and gender 

22 discrimination from numerous sources, including 

23 congressional hearings and roundtables, scientific 

24 reports, reports issued by public and private 

25 agencies, news stories, reports of discrimination 


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1 by organizations and individuals, and discrimi2 nation lawsuits, which show that race- and gen3 der-neutral efforts alone are insufficient to ad4 dress the problem; 

5 (D) the testimony and documentation de6 scribed in subparagraph (C) demonstrate that 

7 discrimination across the United States poses a 

8 barrier to full and fair participation in surface 

9 transportation-related businesses of women busi10 ness owners and minority business owners and 

11 has impacted firm development and many as12 pects of surface transportation-related business 

13 in the public and private markets; and 

14 (E) the testimony and documentation de15 scribed in subparagraph (C) provide a strong 

16 basis that there is a compelling need for the con17 tinuation of the disadvantaged business enter18 prise program to address race and gender dis19 crimination in surface transportation-related 

20 business. 

21 (2) DEFINITIONS.—In this subsection, the fol22 lowing definitions apply: 

23 (A) SMALL BUSINESS CONCERN.— 

24 (i) IN GENERAL.—The term ‘‘small 

25 business concern’’ means a small business 


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1 concern (as the term is used in section 3 of 

2 the Small Business Act (15 U.S.C. 632)). 

3 (ii) EXCLUSIONS.—The term ‘‘small 

4 business concern’’ does not include any con5 cern or group of concerns controlled by the 

6 same socially and economically disadvan7 taged individual or individuals that have 

8 average annual gross receipts during the 

9 preceding 3 fiscal years in excess of 

10 $23,980,000, as adjusted annually by the 

11 Secretary for inflation. 

12 (B) SOCIALLY AND ECONOMICALLY DIS13 ADVANTAGED INDIVIDUALS.—The term ‘‘socially 

14 and economically disadvantaged individuals’’ 

15 has the meaning given the term in section 8(d) 

16 of the Small Business Act (15 U.S.C. 637(d)) 

17 and relevant subcontracting regulations issued 

18 pursuant to that Act, except that women shall be 

19 presumed to be socially and economically dis20 advantaged individuals for purposes of this sub21 section. 

22 (3) AMOUNTS FOR SMALL BUSINESS CON23 CERNS.—Except to the extent that the Secretary deter24 mines otherwise, not less than 10 percent of the 

25 amounts made available for any program under titles 


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1 I, II, III, and VI of this Act and section 403 of title 

2 23, United States Code, shall be expended through 

3 small business concerns owned and controlled by so4 cially and economically disadvantaged individuals. 

5 (4) ANNUAL LISTING OF DISADVANTAGED BUSI6 NESS ENTERPRISES.—Each State shall annually— 

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

8 business concerns referred to in paragraph (3) in 

9 the State, including the location of the small 

10 business concerns in the State; and 

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

12 percentage of the small business concerns that 

13 are controlled by— 

14 (i) women; 

15 (ii) socially and economically dis16 advantaged individuals (other than 

17 women); and 

18 (iii) individuals who are women and 

19 are otherwise socially and economically dis20 advantaged individuals. 

21 (5) UNIFORM CERTIFICATION.— 

22 (A) IN GENERAL.—The Secretary shall es23 tablish minimum uniform criteria for use by 

24 State governments in certifying whether a conVerDate Sep 11 2014 20:27 Oct 29, 2015 Jkt 059200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6203 E:\BILLS\H3763.RH H3763

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1 cern qualifies as a small business concern for the 

2 purpose of this subsection. 

3 (B) INCLUSIONS.—The minimum uniform 

4 criteria established under subparagraph (A) shall 

5 include, with respect to a potential small busi6 ness concern— 

7 (i) on-site visits; 

8 (ii) personal interviews with personnel; 

9 (iii) issuance or inspection of licenses; 

10 (iv) analyses of stock ownership; 

11 (v) listings of equipment; 

12 (vi) analyses of bonding capacity; 

13 (vii) listings of work completed; 

14 (viii) examination of the resumes of 

15 principal owners; 

16 (ix) analyses of financial capacity; 

17 and 

18 (x) analyses of the type of work pre19 ferred. 

20 (6) REPORTING.—The Secretary shall establish 

21 minimum requirements for use by State governments 

22 in reporting to the Secretary— 

23 (A) information concerning disadvantaged 

24 business enterprise awards, commitments, and 

25 achievements; and 


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1 (B) such other information as the Secretary 

2 determines to be appropriate for the proper mon3 itoring of the disadvantaged business enterprise 

4 program. 

5 (7) COMPLIANCE WITH COURT ORDERS.—Noth6 ing in this subsection limits the eligibility of an indi7 vidual or entity to receive funds made available 

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

9 403 of title 23, United States Code, if the entity or 

10 person is prevented, in whole or in part, from com11 plying with paragraph (3) because a Federal court 

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

13 requirement or the implementation of paragraph (3) 

14 is unconstitutional. 

15 SEC. 1102. OBLIGATION CEILING. 

16 (a) GENERAL LIMITATION.—Subject to subsection (e), 

17 and notwithstanding any other provision of law, the obliga18 tions for Federal-aid highway and highway safety construc19 tion programs shall not exceed— 

20 (1) $40,867,000,000 for fiscal year 2016; 

21 (2) $41,599,000,000 for fiscal year 2017; 

22 (3) $42,453,000,000 for fiscal year 2018; 

23 (4) $43,307,000,000 for fiscal year 2019; 

24 (5) $44,201,000,000 for fiscal year 2020; and 

25 (6) $45,096,000,000 for fiscal year 2021. 


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1 (b) EXCEPTIONS.—The limitations under subsection 

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

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

4 (2) section 147 of the Surface Transportation As5 sistance Act of 1978 (23 U.S.C. 144 note; 92 Stat. 

6 2714); 

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

8 1981 (95 Stat. 1701); 

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

10 Surface Transportation Assistance Act of 1982 (96 

11 Stat. 2119); 

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

13 Surface Transportation and Uniform Relocation As14 sistance Act of 1987 (101 Stat. 198); 

15 (6) sections 1103 through 1108 of the Intermodal 

16 Surface Transportation Efficiency Act of 1991 (105 

17 Stat. 2027); 

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

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

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

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

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

23 those fiscal years); 

24 (9) Federal-aid highway programs for which ob25 ligation authority was made available under the 


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1 Transportation Equity Act for the 21st Century (112 

2 Stat. 107) or subsequent Acts for multiple years or to 

3 remain available until expended, but only to the ex4 tent that the obligation authority has not lapsed or 

5 been used; 

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

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

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

9 those fiscal years); 

10 (11) section 1603 of SAFETEA–LU (23 U.S.C. 

11 118 note; 119 Stat. 1248), to the extent that funds ob12 ligated in accordance with that section were not sub13 ject to a limitation on obligations at the time at 

14 which the funds were initially made available for ob15 ligation; 

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

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

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

19 those fiscal years); and 

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

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

22 amount equal to $639,000,000 for each of those fiscal 

23 years). 

24 (c) DISTRIBUTION OF OBLIGATION AUTHORITY.—For 

25 each of fiscal years 2016 through 2021, the Secretary— 


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1 (1) shall not distribute obligation authority pro2 vided by subsection (a) for the fiscal year for— 

3 (A) amounts authorized for administrative 

4 expenses and programs by section 104(a) of title 

5 23, United States Code; and 

6 (B) amounts authorized for the Bureau of 

7 Transportation Statistics; 

8 (2) shall not distribute an amount of obligation 

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

10 the unobligated balance of amounts— 

11 (A) made available from the Highway Trust 

12 Fund (other than the Mass Transit Account) for 

13 Federal-aid highway and highway safety con14 struction programs for previous fiscal years the 

15 funds for which are allocated by the Secretary 

16 (or apportioned by the Secretary under section 

17 202 or 204 of title 23, United States Code); and 

18 (B) for which obligation authority was pro19 vided in a previous fiscal year; 

20 (3) shall determine the proportion that— 

21 (A) the obligation authority provided by 

22 subsection (a) for the fiscal year, less the aggre23 gate of amounts not distributed under para24 graphs (1) and (2) of this subsection; bears to 


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

2 appropriated for the Federal-aid highway and 

3 highway safety construction programs (other 

4 than sums authorized to be appropriated for pro5 visions of law described in paragraphs (1) 

6 through (12) of subsection (b) and sums author7 ized to be appropriated for section 119 of title 

8 23, United States Code, equal to the amount re9 ferred to in subsection (b)(13) for the fiscal 

10 year), less the aggregate of the amounts not dis11 tributed under paragraphs (1) and (2) of this 

12 subsection; 

13 (4) shall distribute the obligation authority pro14 vided by subsection (a), less the aggregate amounts 

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

16 each of the programs (other than programs to which 

17 paragraph (1) applies) that are allocated by the Sec18 retary under this Act and title 23, United States 

19 Code, or apportioned by the Secretary under sections 

20 202 or 204 of that title, by multiplying— 

21 (A) the proportion determined under para22 graph (3); by 

23 (B) the amounts authorized to be appro24 priated for each such program for the fiscal year; 

25 and 


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

3 not distributed under paragraphs (1) and (2) and the 

4 amounts distributed under paragraph (4), for Fed5 eral-aid highway and highway safety construction 

6 programs that are apportioned by the Secretary 

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

8 amounts apportioned for the national highway per9 formance program in section 119 of title 23, United 

10 States Code, that are exempt from the limitation 

11 under subsection (b)(13) and the amounts appor12 tioned under sections 202 and 204 of that title) in the 

13 proportion that— 

14 (A) amounts authorized to be appropriated 

15 for the programs that are apportioned under title 

16 23, United States Code, to each State for the fis17 cal year; bears to 

18 (B) the total of the amounts authorized to 

19 be appropriated for the programs that are ap20 portioned under title 23, United States Code, to 

21 all States for the fiscal year. 

22 (d) REDISTRIBUTION OF UNUSED OBLIGATION AU23 THORITY.—Notwithstanding subsection (c), the Secretary 

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

25 2021— 


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1 (1) revise a distribution of the obligation author2 ity made available under subsection (c) if an amount 

3 distributed cannot be obligated during that fiscal 

4 year; and 

5 (2) redistribute sufficient amounts to those States 

6 able to obligate amounts in addition to those pre7 viously distributed during that fiscal year, giving pri8 ority to those States having large unobligated bal9 ances of funds apportioned under sections 144 (as in 

10 effect on the day before the date of enactment of 

11 MAP–21 (Public Law 112–141)) and 104 of title 23, 

12 United States Code. 

13 (e) APPLICABILITY OF OBLIGATION LIMITATIONS TO

14 TRANSPORTATION RESEARCH PROGRAMS.— 

15 (1) IN GENERAL.—Except as provided in para16 graph (2), obligation limitations imposed by sub17 section (a) shall apply to contract authority for trans18 portation research programs carried out under— 

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

20 Code; and 

21 (B) title VI of this Act. 

22 (2) EXCEPTION.—Obligation authority made 

23 available under paragraph (1) shall— 

24 (A) remain available for a period of 4 fiscal 

25 years; and 


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

2 limitation imposed on obligations for Federal3 aid highway and highway safety construction 

4 programs for future fiscal years. 

5 (f) REDISTRIBUTION OF CERTAIN AUTHORIZED

6 FUNDS.— 

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

8 the date of distribution of obligation authority under 

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

10 2021, the Secretary shall distribute to the States any 

11 funds (excluding funds authorized for the program 

12 under section 202 of title 23, United States Code) 

13 that— 

14 (A) are authorized to be appropriated for 

15 the fiscal year for Federal-aid highway pro16 grams; and 

17 (B) the Secretary determines will not be al18 located to the States (or will not be apportioned 

19 to the States under section 204 of title 23, 

20 United States Code), and will not be available 

21 for obligation, for the fiscal year because of the 

22 imposition of any obligation limitation for the 

23 fiscal year. 


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

2 paragraph (1) in the same proportion as the distribu3 tion of obligation authority under subsection (c)(5). 

4 (3) AVAILABILITY.—Funds distributed to each 

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

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

7 States Code. 

8 SEC. 1103. DEFINITIONS. 

9 Section 101(a) of title 23, United States Code, is 

10 amended— 

11 (1) by striking paragraph (29); 

12 (2) by redesignating paragraphs (15) through 

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

14 and 

15 (3) by inserting after paragraph (14) the fol16 lowing: 

17 ‘‘(15) NATIONAL HIGHWAY FREIGHT NETWORK.— 

18 The term ‘National Highway Freight Network’ means 

19 the National Highway Freight Network established 

20 under section 167.’’. 

21 SEC. 1104. APPORTIONMENT. 

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

23 of title 23, United States Code, is amended to read as fol24 lows: 


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1 ‘‘(1) IN GENERAL.—There is authorized to be ap2 propriated from the Highway Trust Fund (other than 

3 the Mass Transit Account) to be made available to the 

4 Secretary for administrative expenses of the Federal 

5 Highway Administration $440,000,000 for each of fis6 cal years 2016 through 2021.’’. 

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

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

9 United States Code, is amended— 

10 (1) in the subsection heading by striking ‘‘DIVI11 SION OF STATE APPORTIONMENTS AMONG PRO12 GRAMS’’ and inserting ‘‘DIVISION AMONG PROGRAMS

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

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

15 (A) by inserting ‘‘of the base apportion16 ment’’ after ‘‘the amount’’; and 

17 (B) by striking ‘‘surface transportation pro18 gram’’ and inserting ‘‘surface transportation 

19 block grant program’’; 

20 (3) in paragraph (2)— 

21 (A) in the paragraph heading by striking 

22 ‘‘SURFACE TRANSPORTATION PROGRAM’’ and in23 serting ‘‘SURFACE TRANSPORTATION BLOCK

24 GRANT PROGRAM’’; and 


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1 (B) by striking ‘‘surface transportation pro2 gram’’ and inserting ‘‘surface transportation 

3 block grant program’’; and 

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

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

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

7 (c) CALCULATION OF STATE AMOUNTS.—Section 

8 104(c) of title 23, United States Code, is amended to read 

9 as follows: 

10 ‘‘(c) CALCULATION OF AMOUNTS.— 

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

12 2016 through 2021, the amount for each State shall 

13 be determined as follows: 

14 ‘‘(A) INITIAL AMOUNTS.—The initial 

15 amounts for each State shall be determined by 

16 multiplying— 

17 ‘‘(i) each of— 

18 ‘‘(I) the base apportionment; 

19 ‘‘(II) supplemental funds reserved 

20 under subsection (h)(1) for the na21 tional highway performance program; 

22 and 

23 ‘‘(III) supplemental funds re24 served under subsection (h)(2) for the 


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1 surface transportation block grant pro2 gram; by 

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

4 shall be equal to the proportion that— 

5 ‘‘(I) the amount of apportion6 ments that the State received for fiscal 

7 year 2015; bears to 

8 ‘‘(II) the amount of those appor9 tionments received by all States for 

10 that fiscal year. 

11 ‘‘(B) ADJUSTMENTS TO AMOUNTS.—The ini12 tial amounts resulting from the calculation 

13 under subparagraph (A) shall be adjusted to en14 sure that each State receives an aggregate appor15 tionment equal to at least 95 percent of the esti16 mated tax payments attributable to highway 

17 users in the State paid into the Highway Trust 

18 Fund (other than the Mass Transit Account) in 

19 the most recent fiscal year for which data are 

20 available. 

21 ‘‘(2) STATE APPORTIONMENT.—On October 1 of 

22 fiscal years 2016 through 2021, the Secretary shall 

23 apportion the sums authorized to be appropriated for 

24 expenditure on the national highway performance 

25 program under section 119, the surface transportation 


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1 block grant program under section 133, the highway 

2 safety improvement program under section 148, the 

3 congestion mitigation and air quality improvement 

4 program under section 149, and to carry out section 

5 134 in accordance with paragraph (1).’’. 

6 (d) SUPPLEMENTAL FUNDS.—Section 104 of title 23, 

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

8 following: 

9 ‘‘(h) SUPPLEMENTAL FUNDS.— 

10 ‘‘(1) SUPPLEMENTAL FUNDS FOR NATIONAL

11 HIGHWAY PERFORMANCE PROGRAM.— 

12 ‘‘(A) AMOUNT.—Before making an appor13 tionment for a fiscal year under subsection (c), 

14 the Secretary shall reserve for the national high15 way performance program under section 119 for 

16 that fiscal year an amount equal to— 

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

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

19 and 

20 ‘‘(iii) $79,847,397 for fiscal year 2021. 

21 ‘‘(B) TREATMENT OF FUNDS.—Funds re22 served under subparagraph (A) and apportioned 

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

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


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1 shall be in addition to amounts apportioned 

2 under that subsection. 

3 ‘‘(2) SUPPLEMENTAL FUNDS FOR SURFACE

4 TRANSPORTATION BLOCK GRANT PROGRAM.— 

5 ‘‘(A) AMOUNT.—Before making an appor6 tionment for a fiscal year under subsection (c), 

7 the Secretary shall reserve for the surface trans8 portation block grant program under section 133 

9 for that fiscal year an amount equal to 

10 $819,900,000 pursuant to section 133(h), plus— 

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

12 ‘‘(ii) $104,389,904 for fiscal year 2017; 

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

14 2018; 

15 ‘‘(iv) $160,788,367 for fiscal year 2019; 

16 ‘‘(v) $200,153,448 for fiscal year 2020; 

17 and 

18 ‘‘(vi) $239,542,191 for fiscal year 2021. 

19 ‘‘(B) TREATMENT OF FUNDS.—Funds re20 served under subparagraph (A) and apportioned 

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

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

23 shall be in addition to amounts apportioned 

24 under that subsection. 


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1 ‘‘(i) BASE APPORTIONMENT DEFINED.—In this sec2 tion, the term ‘base apportionment’ means— 

3 ‘‘(1) the combined amount authorized for appro4 priation for the national highway performance pro5 gram under section 119, the surface transportation 

6 block grant program under section 133, the highway 

7 safety improvement program under section 148, the 

8 congestion mitigation and air quality improvement 

9 program under section 149, and to carry out section 

10 134; minus 

11 ‘‘(2) supplemental funds reserved under sub12 section (h) for the national highway performance pro13 gram and the surface transportation block grant pro14 gram.’’. 

15 SEC. 1105. NATIONAL HIGHWAY PERFORMANCE PROGRAM. 

16 Section 119 of title 23, United States Code, is amend17 ed— 

18 (1) in subsection (e)(7)— 

19 (A) by striking ‘‘this paragraph’’ and in20 serting ‘‘section 150(e)’’; and 

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

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

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

24 ‘‘(h) TIFIA PROGRAM.—Upon Secretarial approval of 

25 credit assistance under chapter 6, the Secretary, at the reVerDate Sep 11 2014 20:27 Oct 29, 2015 Jkt 059200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6203 E:\BILLS\H3763.RH H3763

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1 quest of a State, may allow the State to use funds appor2 tioned under section 104(b)(1) to pay subsidy and adminis3 trative costs necessary to provide an eligible entity Federal 

4 credit assistance under chapter 6 with respect to a project 

5 eligible for assistance under this section. 

6 ‘‘(i) ADDITIONAL FUNDING ELIGIBILITY FOR CERTAIN

7 BRIDGES.— 

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

9 State to carry out the national highway performance 

10 program may be obligated for a project for the recon11 struction, resurfacing, restoration, rehabilitation, or 

12 preservation of a bridge not on the National Highway 

13 System, if the bridge is on a Federal-aid highway. 

14 ‘‘(2) LIMITATION.—A State required to make ob15 ligations under subsection (f) shall ensure such re16 quirements are satisfied in order to use the flexibility 

17 under paragraph (1).’’. 

18 SEC. 1106. SURFACE TRANSPORTATION BLOCK GRANT PRO19 GRAM. 

20 (a) FINDINGS.—Congress finds that— 

21 (1) the benefits of the surface transportation 

22 block grant program accrue principally to the resi23 dents of each State and municipality where the funds 

24 are obligated; 


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1 (2) decisions about how funds should be obligated 

2 are best determined by the States and municipalities 

3 to respond to unique local circumstances and imple4 ment the most efficient solutions; and 

5 (3) reforms of the program to promote flexibility 

6 will enhance State and local control over transpor7 tation decisions. 

8 (b) SURFACE TRANSPORTATION BLOCK GRANT PRO9 GRAM.—Section 133 of title 23, United States Code, is 

10 amended— 

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

12 and inserting the following: 

13 ‘‘(a) ESTABLISHMENT.—The Secretary shall establish 

14 a surface transportation block grant program in accordance 

15 with this section to provide flexible funding to address State 

16 and local transportation needs. 

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

18 State under section 104(b)(2) for the surface transportation 

19 block grant program may be obligated for the following: 

20 ‘‘(1) Construction of— 

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

22 designated routes of the Appalachian develop23 ment highway system and local access roads 

24 under section 14501 of title 40; 


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1 ‘‘(B) ferry boats and terminal facilities eli2 gible for funding under section 129(c); 

3 ‘‘(C) transit capital projects eligible for as4 sistance under chapter 53 of title 49; 

5 ‘‘(D) infrastructure-based intelligent trans6 portation systems capital improvements; 

7 ‘‘(E) truck parking facilities eligible for 

8 funding under section 1401 of MAP–21 (23 

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

10 ‘‘(F) border infrastructure projects eligible 

11 for funding under section 1303 of SAFETEA– 

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

13 ‘‘(2) Operational improvements and capital and 

14 operating costs for traffic monitoring, management, 

15 and control facilities and programs. 

16 ‘‘(3) Environmental measures eligible under sec17 tions 119(g), 328, and 329 and transportation control 

18 measures listed in section 108(f)(1)(A) (other than 

19 clause (xvi) of that section) of the Clean Air Act (42 

20 U.S.C. 7408(f)(1)(A)). 

21 ‘‘(4) Highway and transit safety infrastructure 

22 improvements and programs, including railway-high23 way grade crossings. 


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

2 programs in accordance with section 137 and carpool 

3 projects in accordance with section 146. 

4 ‘‘(6) Recreational trails projects eligible for fund5 ing under section 206, pedestrian and bicycle projects 

6 in accordance with section 217 (including modifica7 tions to comply with accessibility requirements under 

8 the Americans with Disabilities Act of 1990 (42 

9 U.S.C. 12101 et seq.)), and the safe routes to school 

10 program under section 1404 of SAFETEA–LU (23 

11 U.S.C. 402 note). 

12 ‘‘(7) Planning, design, or construction of boule13 vards and other roadways largely in the right-of-way 

14 of former Interstate System routes or other divided 

15 highways. 

16 ‘‘(8) Development and implementation of a State 

17 asset management plan for the National Highway 

18 System and a performance-based management pro19 gram for other public roads. 

20 ‘‘(9) Protection (including painting, scour coun21 termeasures, seismic retrofits, impact protection meas22 ures, security countermeasures, and protection 

23 against extreme events) for bridges (including ap24 proaches to bridges and other elevated structures) and 


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1 tunnels on public roads, and inspection and evalua2 tion of bridges and tunnels and other highway assets. 

3 ‘‘(10) Surface transportation planning pro4 grams, highway and transit research and development 

5 and technology transfer programs, and workforce de6 velopment, training, and education under chapter 5 

7 of this title. 

8 ‘‘(11) Surface transportation infrastructure 

9 modifications to facilitate direct intermodal inter10 change, transfer, and access into and out of a port 

11 terminal. 

12 ‘‘(12) Projects and strategies designed to support 

13 congestion pricing, including electronic toll collection 

14 and travel demand management strategies and pro15 grams. 

16 ‘‘(13) At the request of a State, and upon Secre17 tarial approval of credit assistance under chapter 6, 

18 subsidy and administrative costs necessary to provide 

19 an eligible entity Federal credit assistance under 

20 chapter 6 with respect to a project eligible for assist21 ance under this section. 

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

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

24 oversight of public-private partnerships eligible to re25 ceive funding under this title and chapter 53 of title 


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1 49, and the payment of a stipend to unsuccessful pri2 vate bidders to offset their proposal development costs, 

3 if necessary to encourage robust competition in pub4 lic-private partnership procurements. 

5 ‘‘(15) Any type of project eligible under this sec6 tion as in effect on the day before the date of enact7 ment of the Surface Transportation Reauthorization 

8 and Reform Act of 2015, including projects described 

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

10 ‘‘(c) LOCATION OF PROJECTS.—A surface transpor11 tation block grant project may not be undertaken on a road 

12 functionally classified as a local road or a rural minor col13 lector unless the road was on a Federal-aid highway system 

14 on January 1, 1991, except— 

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

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

17 location); 

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

19 through (11) of subsection (b); 

20 ‘‘(3) for a project described in section 101(a)(29), 

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

22 of the Surface Transportation Reauthorization and 

23 Reform Act of 2015; and 

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


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1 ‘‘(d) ALLOCATIONS OF APPORTIONED FUNDS TO

2 AREAS BASED ON POPULATION.— 

3 ‘‘(1) CALCULATION.—Of the funds apportioned to 

4 a State under section 104(b)(2) (after the reservation 

5 of funds under subsection (h))— 

6 ‘‘(A) the percentage specified in paragraph 

7 (6) for a fiscal year shall be obligated under this 

8 section, in proportion to their relative shares of 

9 the population of the State— 

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

11 with an urbanized area population of over 

12 200,000; 

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

14 urban areas with a population greater than 

15 5,000; and 

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

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

18 any area of the State. 

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

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

21 be obligated in the metropolitan area established 

22 under section 134 that encompasses the urbanized 

23 area. 

24 ‘‘(3) CONSULTATION WITH REGIONAL TRANSPOR25 TATION PLANNING ORGANIZATIONS.—For purposes of 


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1 paragraph (1)(A)(iii), before obligating funding at2 tributed to an area with a population greater than 

3 5,000 and less than 200,000, a State shall consult 

4 with the regional transportation planning organiza5 tions that represent the area, if any. 

6 ‘‘(4) DISTRIBUTION AMONG URBANIZED AREAS

7 OF OVER 200,000 POPULATION.— 

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

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

10 State is required to obligate under paragraph 

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

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

13 relative population of the areas. 

14 ‘‘(B) OTHER FACTORS.—The State may ob15 ligate the funds described in subparagraph (A) 

16 based on other factors if the State and the rel17 evant metropolitan planning organizations joint18 ly apply to the Secretary for the permission to 

19 base the obligation on other factors and the Sec20 retary grants the request. 

21 ‘‘(5) APPLICABILITY OF PLANNING REQUIRE22 MENTS.—Programming and expenditure of funds for 

23 projects under this section shall be consistent with sec24 tions 134 and 135. 


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

2 in paragraph (1)(A) is— 

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

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

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

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

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

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

9 (2) by striking the section heading and inserting 

10 ‘‘Surface transportation block grant pro11 gram’’; 

12 (3) by striking subsection (e); 

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

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

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

16 subsection— 

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

18 ‘‘104(b)(2)’’; and 

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

20 2014’’ and inserting ‘‘fiscal years 2016 through 

21 2021’’; 

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

23 subsection, by striking ‘‘under subsection 

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


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

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

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

4 ‘‘(h) STP SET-ASIDE.— 

5 ‘‘(1) RESERVATION OF FUNDS.—Of the funds ap6 portioned to a State under section 104(b)(2) for each 

7 fiscal year, the Secretary shall reserve an amount 

8 such that— 

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

10 $819,900,000 under this subsection; and 

11 ‘‘(B) the State’s share of that total is deter12 mined by multiplying the amount under sub13 paragraph (A) by the ratio that— 

14 ‘‘(i) the amount apportioned to the 

15 State for the transportation enhancements 

16 program for fiscal year 2009 under section 

17 133(d)(2), as in effect on the day before the 

18 date of enactment of MAP–21; bears to 

19 ‘‘(ii) the total amount of funds appor20 tioned to all States for the transportation 

21 enhancements program for fiscal year 2009. 

22 ‘‘(2) ALLOCATION WITHIN A STATE.—Funds re23 served for a State under paragraph (1) shall be obli24 gated within that State in the manner described in 

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1 graph (after funds are made available under para2 graph (5))— 

3 ‘‘(A) for each fiscal year, the percentage re4 ferred to in paragraph (1)(A) of that subsection 

5 shall be deemed to be 50 percent; and 

6 ‘‘(B) the following provisions shall not 

7 apply: 

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

9 ‘‘(ii) Subsection (e). 

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

11 under this subsection may be obligated for projects or 

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

13 such provisions were in effect on the day before the 

14 date of enactment of the Surface Transportation Re15 authorization and Reform Act of 2015. 

16 ‘‘(4) ACCESS TO FUNDS.— 

17 ‘‘(A) IN GENERAL.—A State or metropoli18 tan planning organization required to obligate 

19 funds in accordance with paragraph (2) shall de20 velop a competitive process to allow eligible enti21 ties to submit projects for funding that achieve 

22 the objectives of this subsection. A metropolitan 

23 planning organization for an area described in 

24 subsection (d)(1)(A)(i) shall select projects under 


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1 such process in consultation with the relevant 

2 State. 

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

4 paragraph, the term ‘eligible entity’ means— 

5 ‘‘(i) a local government; 

6 ‘‘(ii) a regional transportation author7 ity; 

8 ‘‘(iii) a transit agency; 

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

10 agency; 

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

12 agency, or school; 

13 ‘‘(vi) a tribal government; and 

14 ‘‘(vii) any other local or regional gov15 ernmental entity with responsibility for or 

16 oversight of transportation or recreational 

17 trails (other than a metropolitan planning 

18 organization or a State agency) that the 

19 State determines to be eligible, consistent 

20 with the goals of this subsection. 

21 ‘‘(5) CONTINUATION OF CERTAIN RECREATIONAL

22 TRAILS PROJECTS.—For each fiscal year, a State 

23 shall— 

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

25 under this section equal to the amount of the 


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1 funds apportioned to the State for fiscal year 

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

3 day before the date of enactment of MAP–21, for 

4 projects relating to recreational trails under sec5 tion 206; 

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

7 Secretary for the administration of that pro8 gram; and 

9 ‘‘(C) comply with the provisions of the ad10 ministration of the recreational trails program 

11 under section 206, including the use of appor12 tioned funds described in subsection (d)(3)(A) of 

13 that section. 

14 ‘‘(6) STATE FLEXIBILITY.— 

15 ‘‘(A) RECREATIONAL TRAILS.—A State may 

16 opt out of the recreational trails program under 

17 paragraph (5) if the Governor of the State noti18 fies the Secretary not later than 30 days prior 

19 to apportionments being made for any fiscal 

20 year. 

21 ‘‘(B) LARGE URBANIZED AREAS.—A metro22 politan planning area may use not to exceed 50 

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1 section (d)(1)(A)(i) for any purpose eligible 

2 under subsection (b). 

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

4 any other provision of law, projects funded under this sec5 tion (excluding those carried out under subsection (h)(5)) 

6 shall be treated as projects on a Federal-aid highway under 

7 this chapter.’’. 

8 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

9 (1) SECTION 126.—Section 126(b)(2) of title 23, 

10 United States Code, is amended— 

11 (A) by striking ‘‘section 213’’ and inserting 

12 ‘‘section 133(h)’’; and 

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

14 inserting ‘‘section 133(h)’’. 

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

16 United States Code, is repealed. 

17 (3) SECTION 322.—Section 322(h)(3) of title 23, 

18 United States Code, is amended by striking ‘‘surface 

19 transportation program’’ and inserting ‘‘surface 

20 transportation block grant program’’. 

21 (4) SECTION 504.—Section 504(a)(4) of title 23, 

22 United States Code, is amended— 

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

24 ‘‘104(b)(2)’’; and 


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1 (B) by striking ‘‘surface transportation pro2 gram’’ and inserting ‘‘surface transportation 

3 block grant program’’. 

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

5 States Code, is amended by striking ‘‘surface trans6 portation program’’ each place it appears and insert7 ing ‘‘surface transportation block grant program’’. 

8 (6) CHAPTER ANALYSES.— 

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

10 1 of title 23, United States Code, is amended by 

11 striking the item relating to section 133 and in12 serting the following: 

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

13 (B) CHAPTER 2.—The item relating to sec14 tion 213 in the analysis for chapter 2 of title 23, 

15 United States Code, is repealed. 

16 (7) OTHER REFERENCES.—Any reference in any 

17 other law, regulation, document, paper, or other 

18 record of the United States to the surface transpor19 tation program under section 133 of title 23, United 

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

21 surface transportation block grant program under 

22 such section. 

23 SEC. 1107. RAILWAY-HIGHWAY GRADE CROSSINGS. 

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

25 amended to read as follows: 


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1 ‘‘(1) IN GENERAL.— 

2 ‘‘(A) SET ASIDE.—Before making an appor3 tionment under section 104(b)(3) for a fiscal 

4 year, the Secretary shall set aside, from amounts 

5 made available to carry out the highway safety 

6 improvement program under section 148 for such 

7 fiscal year, for the elimination of hazards and 

8 the installation of protective devices at railway9 highway crossings at least— 

10 ‘‘(i) $225,000,000 for fiscal year 2016; 

11 ‘‘(ii) $230,000,000 for fiscal year 2017; 

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

13 2018; 

14 ‘‘(iv) $240,000,000 for fiscal year 2019; 

15 ‘‘(v) $245,000,000 for fiscal year 2020; 

16 and 

17 ‘‘(vi) $250,000,000 for fiscal year 2021. 

18 ‘‘(B) INSTALLATION OF PROTECTIVE DEVICES.—At least 1 19 ⁄2 of the funds set aside each 

20 fiscal year under subparagraph (A) shall be 

21 available for the installation of protective devices 

22 at railway-highway crossings. 

23 ‘‘(C) OBLIGATION AVAILABILITY.—Sums set 

24 aside each fiscal year under subparagraph (A) 

25 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 to,’’ 

10 and inserting ‘‘only includes’’; and 

11 (ii) by adding at the end the following: 

12 ‘‘(xxv) Installation of vehicle-to-infra13 structure communication equipment. 

14 ‘‘(xxvi) Pedestrian hybrid beacons. 

15 ‘‘(xxvii) Roadway improvements that 

16 provide separation between pedestrians and 

17 motor vehicles, including medians and pe18 destrian crossing islands. 

19 ‘‘(xxviii) A physical infrastructure 

20 safety project not described in clauses (i) 

21 through (xxvii).’’; 

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

23 (C) by redesignating paragraphs (11) 

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

25 respectively. 


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1 (2) CONFORMING AMENDMENTS.—Section 148 of 

2 title 23, United States Code, is amended— 

3 (A) in subsection (c)(1)(A) by striking ‘‘sub4 sections (a)(12)’’ and inserting ‘‘subsections 

5 (a)(11)’’; and 

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

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

8 (a)(11)’’. 

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

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

11 following: 

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

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

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

15 are gravel roads or otherwise unpaved if— 

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

17 to carry out this section for a project on such 

18 roads until the State completes a collection of the 

19 required model inventory of roadway elements 

20 for the roads; and 

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

22 consulted with affected Indian tribes before ceas23 ing to collect data with respect to such roads that 

24 are included in the National Tribal Transpor25 tation Facility Inventory. 


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

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

3 cease data collection related to serious injuries or fa4 talities.’’. 

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

6 23, United States Code, is amended— 

7 (1) by striking ‘‘If the fatality rate’’ and insert8 ing the following: 

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

10 and 

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

12 ‘‘(B) FATALITIES EXCEEDING THE MEDIAN

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

14 State, for the most recent 2-year period for which 

15 data is available, is more than the median fatal16 ity rate for rural roads among all States for 

17 such 2-year period, the State shall be required to 

18 demonstrate, in the subsequent State strategic 

19 highway safety plan of the State, strategies to 

20 address fatalities and achieve safety improve21 ments on high risk rural roads.’’. 

22 (d) COMMERCIAL MOTOR VEHICLE SAFETY BEST

23 PRACTICES.— 

24 (1) REVIEW.—The Secretary shall conduct a re25 view of best practices with respect to the implementaVerDate Sep 11 2014 20:27 Oct 29, 2015 Jkt 059200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6203 E:\BILLS\H3763.RH H3763

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1 tion of roadway safety infrastructure improvements 

2 that— 

3 (A) are cost effective; and 

4 (B) reduce the number or severity of acci5 dents involving commercial motor vehicles. 

6 (2) CONSULTATION.—In conducting the review 

7 under paragraph (1), the Secretary shall consult with 

8 State transportation departments and units of local 

9 government. 

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

11 date of enactment of this Act, the Secretary shall sub12 mit to the Committee on Transportation and Infra13 structure of the House of Representatives and the 

14 Committee on Environment and Public Works of the 

15 Senate, and make available on the public Internet 

16 Web site of the Department, a report describing the 

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

18 SEC. 1109. CONGESTION MITIGATION AND AIR QUALITY IM19 PROVEMENT PROGRAM. 

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

21 United States Code, is amended— 

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

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

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

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


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1 ‘‘(9) if the project or program is for the installa2 tion of vehicle-to-infrastructure communication equip3 ment.’’. 

4 (b) STATES FLEXIBILITY.—Section 149(d) of title 23, 

5 United States Code, is amended to read as follows: 

6 ‘‘(d) STATES FLEXIBILITY.— 

7 ‘‘(1) STATES WITHOUT A NONATTAINMENT

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

9 a nonattainment area designated under the Clean Air 

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

11 apportioned to the State under section 104(b)(4) for 

12 any project in the State that— 

13 ‘‘(A) would otherwise be eligible under sub14 section (b) if the project were carried out in a 

15 nonattainment or maintenance area; or 

16 ‘‘(B) is eligible under the surface transpor17 tation block grant program under section 133. 

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

19 ‘‘(A) IN GENERAL.—If a State has a non20 attainment area or maintenance area and re21 ceived funds in fiscal year 2009 under section 

22 104(b)(2)(D), as in effect on the day before the 

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

24 amount of funds that the State would have re25 ceived based on the nonattainment and mainteVerDate Sep 11 2014 20:27 Oct 29, 2015 Jkt 059200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6203 E:\BILLS\H3763.RH H3763

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1 nance area population of the State under sub2 paragraphs (B) and (C) of section 104(b)(2), as 

3 in effect on the day before the date of enactment 

4 of the MAP–21, the State may use, for any 

5 project that would otherwise be eligible under 

6 subsection (b) if the project were carried out in 

7 a nonattainment or maintenance area or is eli8 gible under the surface transportation block 

9 grant program under section 133, an amount of 

10 funds apportioned to such State under section 

11 104(b)(4) that is equal to the product obtained 

12 by multiplying— 

13 ‘‘(i) the amount apportioned to such 

14 State under section 104(b)(4) (excluding the 

15 amounts reserved for obligation under sub16 section (k)(1)); by 

17 ‘‘(ii) the ratio calculated under sub18 paragraph (B). 

19 ‘‘(B) RATIO.—For purposes of this para20 graph, the ratio shall be calculated as the pro21 portion that— 

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

23 such State was permitted by section 

24 149(c)(2), as in effect on the day before the 

25 date of enactment of the MAP–21, to obliVerDate Sep 11 2014 20:27 Oct 29, 2015 Jkt 059200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6203 E:\BILLS\H3763.RH H3763

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1 gate in any area of the State for projects el2 igible under section 133, as in effect on the 

3 day before the date of enactment of the 

4 MAP–21; bears to 

5 ‘‘(ii) the total apportionment to such 

6 State for fiscal year 2009 under section 

7 104(b)(2), as in effect on the day before the 

8 date of enactment of the MAP–21. 

9 ‘‘(3) CHANGES IN DESIGNATION.—If a new non10 attainment area is designated or a previously des11 ignated nonattainment area is redesignated as an at12 tainment area in a State under the Clean Air Act (42 

13 U.S.C. 7401 et seq.), the Secretary shall modify, in a 

14 manner consistent with the approach that was in ef15 fect on the day before the date of enactment of MAP– 

16 21, the amount such State is permitted to obligate in 

17 any area of the State for projects eligible under sec18 tion 133.’’. 

19 (c) PRIORITY CONSIDERATION.—Section 149(g)(3) of 

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

21 ‘‘(3) PRIORITY CONSIDERATION.— 

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

23 received for congestion mitigation and air qual24 ity projects and programs from apportionments 

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


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1 nonattainment or maintenance for PM2.5 under 

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

3 where regional motor vehicle emissions are not 

4 an insignificant contributor to the air quality 

5 problem for PM2.5, States and metropolitan 

6 planning organizations shall give priority to 

7 projects, including diesel retrofits, that are prov8 en to reduce direct emissions of PM2.5. 

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

10 extent practicable, funding used in an area de11 scribed in subparagraph (A) shall be used on the 

12 most cost-effective projects and programs that are 

13 proven to reduce directly emitted fine particulate 

14 matter.’’. 

15 (d) PRIORITY FOR USE OF FUNDS IN PM2.5 AREAS.— 

16 Section 149(k) of title 23, United States Code, is amend17 ed— 

18 (1) in paragraph (1) by striking ‘‘such fine par19 ticulate’’ and inserting ‘‘directly emitted fine particu20 late’’; and 

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

22 ‘‘(3) PM2.5 NONATTAINMENT AND MAINTENANCE

23 IN LOW POPULATION DENSITY STATES.— 

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

25 population density of 80 or fewer persons per 


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1 square mile of land area, based on the most re2 cent decennial census, subsection (g)(3) and 

3 paragraphs (1) and (2) of this subsection do not 

4 apply to a nonattainment or maintenance area 

5 in the State if— 

6 ‘‘(i) the nonattainment or maintenance 

7 area does not have projects that are part of 

8 the emissions analysis of a metropolitan 

9 transportation plan or transportation im10 provement program; and 

11 ‘‘(ii) regional motor vehicle emissions 

12 are an insignificant contributor to the air 

13 quality problem for PM2.5 in the non14 attainment or maintenance area. 

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

16 applies to a nonattainment or maintenance area 

17 in a State, the percentage of the PM2.5 set aside 

18 under paragraph (1) shall be reduced for that 

19 State proportionately based on the weighted pop20 ulation of the area in fine particulate matter 

21 nonattainment.’’. 

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

23 title 23, United States Code, is amended by inserting ‘‘emis24 sion and congestion reduction’’ after ‘‘achieving the’’. 


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1 SEC. 1110. NATIONAL HIGHWAY FREIGHT POLICY. 

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

3 States Code, is amended to read as follows: 

4 ‘‘§ 167. National highway freight policy 

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

6 States to improve the condition and performance of the Na7 tional Highway Freight Network established under this sec8 tion to ensure that the Network provides a foundation for 

9 the United States to compete in the global economy and 

10 achieve the goals described in subsection (b). 

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

12 freight policy are— 

13 ‘‘(1) to invest in infrastructure improvements 

14 and to implement operational improvements that— 

15 ‘‘(A) strengthen the contribution of the Na16 tional Highway Freight Network to the economic 

17 competitiveness of the United States; 

18 ‘‘(B) reduce congestion and bottlenecks on 

19 the National Highway Freight Network; and 

20 ‘‘(C) increase productivity, particularly for 

21 domestic industries and businesses that create 

22 high-value jobs; 

23 ‘‘(2) to improve the safety, security, and resil24 ience of highway freight transportation; 

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

26 National Highway Freight Network; 


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

2 to improve the safety, efficiency, and reliability of the 

3 National Highway Freight Network; 

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

5 National Highway Freight Network; 

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

7 movement of goods that— 

8 ‘‘(A) travel across rural areas between pop9 ulation centers; and 

10 ‘‘(B) travel between rural areas and popu11 lation centers; 

12 ‘‘(7) to improve the flexibility of States to sup13 port multi-State corridor planning and the creation 

14 of multi-State organizations to increase the ability of 

15 States to address highway freight connectivity; and 

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

17 freight movement on the National Highway Freight 

18 Network. 

19 ‘‘(c) ESTABLISHMENT OF NATIONAL HIGHWAY

20 FREIGHT NETWORK.— 

21 ‘‘(1) IN GENERAL.—The Secretary shall establish 

22 a National Highway Freight Network in accordance 

23 with this section to strategically direct Federal re24 sources and policies toward improved performance of 

25 the Network. 


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

2 Highway Freight Network shall consist of— 

3 ‘‘(A) the Interstate System; 

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

5 the 41,000-mile comprehensive primary freight 

6 network developed by the Secretary under section 

7 167(d) as in effect on the day before the date of 

8 enactment of the Surface Transportation Reau9 thorization and Reform Act of 2015; and 

10 ‘‘(C) additional non-Interstate highway seg11 ments designated by the States under subsection 

12 (d). 

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

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

15 the date of enactment of the Surface Transportation 

16 Reauthorization and Reform Act of 2015, each State, 

17 in consultation with the State freight advisory com18 mittee, may increase the number of miles designated 

19 as part of the National Highway Freight Network by 

20 not more than 10 percent of the miles designated in 

21 that State under subparagraphs (A) and (B) of sub22 section (c)(2) if the additional miles— 

23 ‘‘(A) close gaps between segments of the Na24 tional Highway Freight Network; 


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1 ‘‘(B) establish connections from the Na2 tional Highway Freight Network to critical fa3 cilities for the efficient movement of freight, in4 cluding ports, freight railroads, international 

5 border crossings, airports, intermodal facilities, 

6 warehouse and logistics centers, and agricultural 

7 facilities; or 

8 ‘‘(C) are part of critical emerging freight 

9 corridors or critical commerce corridors. 

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

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

12 additional miles added under this subsection; 

13 and 

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

15 the requirements of paragraph (1). 

16 ‘‘(e) REDESIGNATION.— 

17 ‘‘(1) REDESIGNATION BY SECRETARY.— 

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

19 years after the date of enactment of the Surface 

20 Transportation Reauthorization and Reform Act 

21 of 2015, and every 5 years thereafter, the Sec22 retary shall redesignate the highway segments 

23 designated by the Secretary under subsection 

24 (c)(2)(B) that are on the National Highway 

25 Freight Network. 


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1 ‘‘(B) CONSIDERATIONS.—In redesignating 

2 highway segments under subparagraph (A), the 

3 Secretary shall consider— 

4 ‘‘(i) changes in the origins and des5 tinations of freight movements in the 

6 United States; 

7 ‘‘(ii) changes in the percentage of an8 nual average daily truck traffic in the an9 nual average daily traffic on principal arte10 rials; 

11 ‘‘(iii) changes in the location of key fa12 cilities; 

13 ‘‘(iv) critical emerging freight cor14 ridors; and 

15 ‘‘(v) network connectivity. 

16 ‘‘(C) LIMITATION.—Each redesignation 

17 under subparagraph (A) may increase the mile18 age on the National Highway Freight Network 

19 designated by the Secretary by not more than 3 

20 percent. 

21 ‘‘(2) REDESIGNATION BY STATES.— 

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

23 years after the date of enactment of the Surface 

24 Transportation Reauthorization and Reform Act 

25 of 2015, and every 5 years thereafter, each State 


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1 may, in consultation with the State freight advi2 sory committee, redesignate the highway seg3 ments designated by the State under subsection 

4 (c)(2)(C) that are on the National Highway 

5 Freight Network. 

6 ‘‘(B) CONSIDERATIONS.—In redesignating 

7 highway segments under subparagraph (A), the 

8 State shall consider— 

9 ‘‘(i) gaps between segments of the Na10 tional Highway Freight Network; 

11 ‘‘(ii) needed connections from the Na12 tional Highway Freight Network to critical 

13 facilities for the efficient movement of 

14 freight, including ports, freight railroads, 

15 international border crossings, airports, 

16 intermodal facilities, warehouse and logis17 tics centers, and agricultural facilities; and 

18 ‘‘(iii) critical emerging freight cor19 ridors or critical commerce corridors. 

20 ‘‘(C) LIMITATION.—Each redesignation 

21 under subparagraph (A) may increase the mile22 age on the National Highway Freight Network 

23 designated by the State by not more than 3 per24 cent. 


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

2 the advisement of the State freight advisory com3 mittee, shall— 

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

5 the miles redesignated under this para6 graph; and 

7 ‘‘(ii) certify that the redesignated miles 

8 meet the requirements of subsection (d)(1).’’. 

9 (b) CLERICAL AMENDMENT.—The analysis for chapter 

10 1 of title 23, United States Code, is amended by striking 

11 the item relating to section 167 and inserting the following: 

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

12 SEC. 1111. NATIONALLY SIGNIFICANT FREIGHT AND HIGH13 WAY PROJECTS. 

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

15 amended by inserting after section 116 the following: 

16 ‘‘§ 117. Nationally significant freight and highway 

17 projects 

18 ‘‘(a) ESTABLISHMENT.—There is established a nation19 ally significant freight and highway projects program to 

20 provide financial assistance for projects of national or re21 gional significance that will— 

22 ‘‘(1) improve the safety, efficiency, and reli23 ability of the movement of freight and people; 


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1 ‘‘(2) generate national or regional economic ben2 efits and an increase in the global economic competi3 tiveness of the United States; 

4 ‘‘(3) reduce highway congestion and bottlenecks; 

5 ‘‘(4) improve connectivity between modes of 

6 freight transportation; or 

7 ‘‘(5) enhance the strength, durability, and serv8 iceability of critical highway infrastructure. 

9 ‘‘(b) GRANT AUTHORITY.—In carrying out the pro10 gram established in subsection (a), the Secretary may make 

11 grants, on a competitive basis, in accordance with this sec12 tion. 

13 ‘‘(c) ELIGIBLE APPLICANTS.— 

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

15 grant under this section to the following: 

16 ‘‘(A) A State or group of States. 

17 ‘‘(B) A metropolitan planning organization 

18 that serves an urbanized area (as defined by the 

19 Bureau of the Census) with a population of more 

20 than 200,000 individuals. 

21 ‘‘(C) A unit of local government. 

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

23 authority with a transportation function, includ24 ing a port authority. 


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1 ‘‘(E) A Federal land management agency 

2 that applies jointly with a State or group of 

3 States. 

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

5 under this section, an entity specified in paragraph 

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

7 such form, at such time, and containing such infor8 mation as the Secretary determines is appropriate. 

9 ‘‘(d) ELIGIBLE PROJECTS.— 

10 ‘‘(1) IN GENERAL.—Except as provided in sub11 section (h), the Secretary may make a grant under 

12 this section only for a project that— 

13 ‘‘(A) is— 

14 ‘‘(i) a freight project carried out on the 

15 National Highway Freight Network estab16 lished under section 167 of this title; 

17 ‘‘(ii) a highway or bridge project car18 ried out on the National Highway System; 

19 ‘‘(iii) an intermodal or rail freight 

20 project carried out on the National 

21 Multimodal Freight Network established 

22 under section 70103 of title 49; or 

23 ‘‘(iv) a railway-highway grade cross24 ing or grade separation project; and 


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1 ‘‘(B) has eligible project costs that are rea2 sonably anticipated to equal or exceed the lesser 

3 of— 

4 ‘‘(i) $100,000,000; or 

5 ‘‘(ii) in the case of a project— 

6 ‘‘(I) located in 1 State, 30 percent 

7 of the amount apportioned under this 

8 chapter to the State in the most re9 cently completed fiscal year; or 

10 ‘‘(II) located in more than 1 

11 State, 50 percent of the amount appor12 tioned under this chapter to the par13 ticipating State with the largest ap14 portionment under this chapter in the 

15 most recently completed fiscal year. 

16 ‘‘(2) LIMITATION.— 

17 ‘‘(A) IN GENERAL.—Not more than 

18 $500,000,000 of the amounts made available for 

19 grants under this section for fiscal years 2016 

20 through 2021, in the aggregate, may be used to 

21 make grants for projects described in paragraph 

22 (1)(A)(iii) and such a project may only receive 

23 a grant under this section if— 


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

2 improvement to freight movements on the 

3 National Highway Freight Network; and 

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

5 funds only elements of the project that pro6 vide public benefits. 

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

8 subparagraph (A) shall— 

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

10 grade crossing or grade separation project; 

11 and 

12 ‘‘(ii) with respect to a multimodal 

13 project, shall apply only to the non-highway 

14 portion or portions of the project. 

15 ‘‘(e) ELIGIBLE PROJECT COSTS.—Grant amounts re16 ceived for a project under this section may be used for— 

17 ‘‘(1) development phase activities, including 

18 planning, feasibility analysis, revenue forecasting, en19 vironmental review, preliminary engineering and de20 sign work, and other preconstruction activities; and 

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

22 acquisition of real property (including land related to 

23 the project and improvements to the land), environ24 mental mitigation, construction contingencies, acqui25 sition of equipment, and operational improvements. 


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

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

3 only if the relevant applicant demonstrates that— 

4 ‘‘(1) the project will generate national or re5 gional economic, mobility, or safety benefits; 

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

7 ‘‘(3) the project will contribute to the accom8 plishment of 1 or more of the national goals described 

9 under section 150 of this title; 

10 ‘‘(4) the project is based on the results of prelimi11 nary engineering; 

12 ‘‘(5) with respect to related non-Federal finan13 cial commitments— 

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

15 sources of funding and financing are available to 

16 construct, maintain, and operate the project; and 

17 ‘‘(B) contingency amounts are available to 

18 cover unanticipated cost increases; 

19 ‘‘(6) the project cannot be easily addressed using 

20 other funding available to the project sponsor under 

21 this chapter; and 

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

23 construction not later than 18 months after the date 

24 of obligation of funds for the project. 


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

2 grant under this section, the Secretary shall consider— 

3 ‘‘(1) the extent to which a project utilizes non4 traditional financing, innovative design and con5 struction techniques, or innovative technologies; 

6 ‘‘(2) the amount and source of non-Federal con7 tributions with respect to the proposed project; and 

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

9 grant recipients, including the need for a balance be10 tween the needs of rural and urban communities. 

11 ‘‘(h) RESERVED AMOUNTS.— 

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

13 not less than 10 percent of the amounts made avail14 able for grants under this section each fiscal year to 

15 make grants for projects described in subsection 

16 (d)(1)(A)(i) that do not satisfy the minimum thresh17 old under subsection (d)(1)(B). 

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

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

20 $5,000,000. 

21 ‘‘(3) PROJECT SELECTION CONSIDERATIONS.—In 

22 addition to other applicable requirements, in making 

23 grants under this subsection the Secretary shall con24 sider— 


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

2 project; and 

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

4 mobility in the State and region in which the 

5 project is carried out. 

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

7 which qualified applications for grants under this 

8 subsection will not allow for the amount reserved 

9 under paragraph (1) to be fully utilized, the Secretary 

10 shall use the unutilized amounts to make other grants 

11 under this section. 

12 ‘‘(5) RURAL AREAS.—The Secretary shall reserve 

13 not less than 20 percent of the amounts made avail14 able for grants under this section, including the 

15 amounts made available under paragraph (1), each 

16 fiscal year to make grants for projects located in 

17 rural areas. 

18 ‘‘(i) FEDERAL SHARE.— 

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

20 of a project assisted with a grant under this section 

21 may not exceed 50 percent. 

22 ‘‘(2) NON-FEDERAL SHARE.—Funds apportioned 

23 to a State under section 104(b)(1) or 104(b)(2) may 

24 be used to satisfy the non-Federal share of the cost of 

25 a project for which a grant is made under this section 


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1 so long as the total amount of Federal funding for the 

2 project does not exceed 80 percent of project costs. 

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

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

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

6 part of the amounts provided to the entities from grants 

7 under this section for a project for which the relevant grants 

8 were made if— 

9 ‘‘(1) the agreement will benefit each entity enter10 ing into the agreement; and 

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

12 of any such entity. 

13 ‘‘(k) TREATMENT OF FREIGHT PROJECTS.—Notwith14 standing any other provision of law, a freight project car15 ried out under this section shall be treated as if the project 

16 is located on a Federal-aid highway. 

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

18 applicant under this section, the Secretary may use 

19 amounts awarded to the entity to pay subsidy and adminis20 trative costs necessary to provide the entity Federal credit 

21 assistance under chapter 6 with respect to the project for 

22 which the grant was awarded. 

23 ‘‘(m) CONGRESSIONAL NOTIFICATION.— 

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

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


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1 Secretary shall notify, in writing, the Committee on 

2 Transportation and Infrastructure of the House of 

3 Representatives and the Committee on Environment 

4 and Public Works of the Senate of the proposed grant. 

5 The notification shall include an evaluation and jus6 tification for the project and the amount of the pro7 posed grant award. 

8 ‘‘(2) CONGRESSIONAL DISAPPROVAL.—The Sec9 retary may not make a grant or any other obligation 

10 or commitment to fund a project under this section 

11 if a joint resolution is enacted disapproving funding 

12 for the project before the last day of the 60-day period 

13 described in paragraph (1).’’. 

14 (b) CLERICAL AMENDMENT.—The analysis for chapter 

15 1 of title 23, United States Code, is amended by inserting 

16 after the item relating to section 116 the following: 

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

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

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

19 the table of contents in section 1(b) of such Act, are repealed. 

20 SEC. 1112. TERRITORIAL AND PUERTO RICO HIGHWAY PRO21 GRAM. 

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

23 amended— 

24 (1) in paragraph (1) by striking ‘‘$150,000,000’’ 

25 and inserting ‘‘$158,000,000’’; and 


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

2 and inserting ‘‘$42,000,000’’. 

3 SEC. 1113. FEDERAL LANDS AND TRIBAL TRANSPORTATION 

4 PROGRAM. 

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

6 amended by adding at the end the following: 

7 ‘‘(C) TRIBAL DATA COLLECTION.—In addi8 tion to the data to be collected under subpara9 graph (A), not later than 90 days after the last 

10 day of each fiscal year, any entity carrying out 

11 a project under the tribal transportation pro12 gram under section 202 shall submit to the Sec13 retary and the Secretary of the Interior, based on 

14 obligations and expenditures under the tribal 

15 transportation program during the preceding fis16 cal year, the following data: 

17 ‘‘(i) The names of projects and activi18 ties carried out by the entity under the trib19 al transportation program during the pre20 ceding fiscal year. 

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

22 activities identified under clause (i). 

23 ‘‘(iii) The current status of the projects 

24 and activities identified under clause (i). 


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1 ‘‘(iv) An estimate of the number of jobs 

2 created and the number of jobs retained by 

3 the projects and activities identified under 

4 clause (i).’’. 

5 SEC. 1114. TRIBAL TRANSPORTATION PROGRAM. 

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

7 amended by striking ‘‘6 percent’’ and inserting ‘‘5 percent’’. 

8 SEC. 1115. FEDERAL LANDS TRANSPORTATION PROGRAM. 

9 Section 203 of title 23, United States Code, is amend10 ed— 

11 (1) in subsection (a)(1)(B) by striking ‘‘oper12 ation’’ and inserting ‘‘capital, operations,’’; 

13 (2) in subsection (b)— 

14 (A) in paragraph (1)(B)— 

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

16 the end; 

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

18 at the end and inserting a semicolon; and 

19 (iii) by adding at the end the fol20 lowing: 

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

22 ‘‘(vii) independent Federal agencies 

23 with natural resource and land manage24 ment responsibilities.’’; and 

25 (B) in paragraph (2)(B)— 


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

2 by inserting ‘‘performance management, in3 cluding’’ after ‘‘support’’; and 

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

5 and’’ and inserting ‘‘; and’’; and 

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

7 the following: 

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

9 SEC. 1116. TRIBAL TRANSPORTATION SELF-GOVERNANCE 

10 PROGRAM. 

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

12 Code, is amended by inserting after section 206 the fol13 lowing: 

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

15 PROGRAM. 

16 ‘‘(a) ESTABLISHMENT.—Subject to the requirements of 

17 this section, the Secretary shall establish and carry out a 

18 program to be known as the tribal transportation self-gov19 ernance program. The Secretary may delegate responsibil20 ities for administration of the program as the Secretary de21 termines appropriate. 

22 ‘‘(b) ELIGIBILITY.— 

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

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1 ticipation in the program by resolution or other offi2 cial action by the governing body of the Indian tribe, 

3 and demonstrates, for the preceding 3 fiscal years, fi4 nancial stability and financial management capa5 bility, and transportation program management ca6 pability. 

7 ‘‘(2) CRITERIA FOR DETERMINING FINANCIAL

8 STABILITY AND FINANCIAL MANAGEMENT CAPACITY.— 

9 For the purposes of paragraph (1), evidence that, dur10 ing the preceding 3 fiscal years, an Indian tribe had 

11 no uncorrected significant and material audit excep12 tions in the required annual audit of the Indian 

13 tribe’s self-determination contracts or self-governance 

14 funding agreements with any Federal agency shall be 

15 conclusive evidence of the required financial stability 

16 and financial management capability. 

17 ‘‘(3) CRITERIA FOR DETERMINING TRANSPOR18 TATION PROGRAM MANAGEMENT CAPABILITY.—The 

19 Secretary shall require an Indian tribe to dem20 onstrate transportation program management capa21 bility, including the capability to manage and com22 plete projects eligible under this title and projects eli23 gible under chapter 53 of title 49, to gain eligibility 

24 for the program. 

25 ‘‘(c) COMPACTS.— 


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

2 an eligible Indian tribe, and subject to the require3 ments of this section, the Secretary shall negotiate 

4 and enter into a written compact with the Indian 

5 tribe for the purpose of providing for the participa6 tion of the Indian tribe in the program. 

7 ‘‘(2) CONTENTS.—A compact entered into under 

8 paragraph (1) shall set forth the general terms of the 

9 government-to-government relationship between the 

10 Indian tribe and the United States under the pro11 gram and other terms that will continue to apply in 

12 future fiscal years. 

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

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

15 amended only by mutual agreement of the Indian 

16 tribe and the Secretary. 

17 ‘‘(d) ANNUAL FUNDING AGREEMENTS.— 

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

19 entering into a compact with an Indian tribe under 

20 subsection (c), the Secretary shall negotiate and enter 

21 into a written annual funding agreement with the In22 dian tribe. 

23 ‘‘(2) CONTENTS.— 

24 ‘‘(A) IN GENERAL.— 


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1 ‘‘(i) FORMULA FUNDING AND DISCRE2 TIONARY GRANTS.—A funding agreement 

3 entered into with an Indian tribe shall au4 thorize the Indian tribe, as determined by 

5 the Indian tribe, to plan, conduct, consoli6 date, administer, and receive full tribal 

7 share funding, tribal transit formula fund8 ing, and funding to tribes from discre9 tionary and competitive grants adminis10 tered by the Department for all programs, 

11 services, functions, and activities (or por12 tions thereof) that are made available to In13 dian tribes to carry out tribal transpor14 tation programs and programs, services, 

15 functions, and activities (or portions there16 of) administered by the Secretary that are 

17 otherwise available to Indian tribes. 

18 ‘‘(ii) TRANSFERS OF STATE FUNDS.— 

19 ‘‘(I) INCLUSION OF TRANSFERRED

20 FUNDS IN FUNDING AGREEMENT.—A 

21 funding agreement entered into with 

22 an Indian tribe shall include Federal23 aid funds apportioned to a State under 

24 chapter 1 if the State elects to provide 

25 a portion of such funds to the Indian 


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1 tribe for a project eligible under section 

2 202(a). 

3 ‘‘(II) METHOD FOR TRANSFERS.— 

4 If a State elects to provide funds de5 scribed in subclause (I) to an Indian 

6 tribe, the State shall transfer the funds 

7 back to the Secretary and the Secretary 

8 shall transfer the funds to the Indian 

9 tribe in accordance with this section. 

10 ‘‘(III) RESPONSIBILITY FOR

11 TRANSFERRED FUNDS.—Notwith12 standing any other provision of law, if 

13 a State provides funds described in 

14 subclause (I) to an Indian tribe— 

15 ‘‘(aa) the State shall not be 

16 responsible for constructing or 

17 maintaining a project carried out 

18 using the funds or for admin19 istering or supervising the project 

20 or funds during the applicable 

21 statute of limitations period re22 lated to the construction of the 

23 project; and 

24 ‘‘(bb) the Indian tribe shall 

25 be responsible for constructing 


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1 and maintaining a project carried 

2 out using the funds and for ad3 ministering and supervising the 

4 project and funds in accordance 

5 with this section during the appli6 cable statute of limitations period 

7 related to the construction of the 

8 project. 

9 ‘‘(B) ADMINISTRATION OF TRIBAL

10 SHARES.—The tribal shares referred to in sub11 paragraph (A) shall be provided without regard 

12 to the agency or office of the Department within 

13 which the program, service, function, or activity 

14 (or portion thereof) is performed. 

15 ‘‘(C) FLEXIBLE AND INNOVATIVE FINANC16 ING.— 

17 ‘‘(i) IN GENERAL.—A funding agree18 ment entered into with an Indian tribe 

19 under paragraph (1) shall include provi20 sions pertaining to flexible and innovative 

21 financing if agreed upon by the parties. 

22 ‘‘(ii) TERMS AND CONDITIONS.— 

23 ‘‘(I) AUTHORITY TO ISSUE REGU24 LATIONS.—The Secretary may issue 

25 regulations to establish the terms and 


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1 conditions relating to the flexible and 

2 innovative financing provisions re3 ferred to in clause (i). 

4 ‘‘(II) TERMS AND CONDITIONS IN

5 ABSENCE OF REGULATIONS.—If the 

6 Secretary does not issue regulations 

7 under subclause (I), the terms and con8 ditions relating to the flexible and in9 novative financing provisions referred 

10 to in clause (i) shall be consistent 

11 with— 

12 ‘‘(aa) agreements entered 

13 into by the Department under— 

14 ‘‘(AA) section 202(b)(7); 

15 and 

16 ‘‘(BB) section 202(d)(5), 

17 as in effect before the date of 

18 enactment of MAP–21 (Pub19 lic Law 112–141); or 

20 ‘‘(bb) regulations of the De21 partment of the Interior relating 

22 to flexible financing contained in 

23 part 170 of title 25, Code of Fed24 eral Regulations, as in effect on 

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1 face Transportation Reauthoriza2 tion and Reform Act of 2015. 

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

4 forth— 

5 ‘‘(A) terms that generally identify the pro6 grams, services, functions, and activities (or por7 tions thereof) to be performed or administered by 

8 the Indian tribe; and 

9 ‘‘(B) for items identified in subparagraph 

10 (A)— 

11 ‘‘(i) the general budget category as12 signed; 

13 ‘‘(ii) the funds to be provided, includ14 ing those funds to be provided on a recur15 ring basis; 

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

17 of the funds; 

18 ‘‘(iv) the responsibilities of the Sec19 retary and the Indian tribe; and 

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

21 the Indian tribe and the Secretary. 

22 ‘‘(4) SUBSEQUENT FUNDING AGREEMENTS.— 

23 ‘‘(A) APPLICABILITY OF EXISTING AGREE24 MENT.—Absent notification from an Indian tribe 

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1 roceding the operation of 1 or more programs, 

2 services, functions, or activities (or portions 

3 thereof) identified in a funding agreement, or 

4 unless otherwise agreed to by the parties, each 

5 funding agreement shall remain in full force and 

6 effect until a subsequent funding agreement is ex7 ecuted. 

8 ‘‘(B) EFFECTIVE DATE OF SUBSEQUENT

9 AGREEMENT.—The terms of the subsequent fund10 ing agreement shall be retroactive to the end of 

11 the term of the preceding funding agreement. 

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

13 The Secretary shall not revise, amend, or require ad14 ditional terms in a new or subsequent funding agree15 ment without the consent of the Indian tribe that is 

16 subject to the agreement unless such terms are re17 quired by Federal law. 

18 ‘‘(e) GENERAL PROVISIONS.— 

19 ‘‘(1) REDESIGN AND CONSOLIDATION.— 

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

21 any manner that the Indian tribe considers to be 

22 in the best interest of the Indian community 

23 being served, may— 

24 ‘‘(i) redesign or consolidate programs, 

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1 tions thereof) included in a funding agree2 ment; and 

3 ‘‘(ii) reallocate or redirect funds for 

4 such programs, services, functions, and ac5 tivities (or portions thereof), if the funds 

6 are— 

7 ‘‘(I) expended on projects identi8 fied in a transportation improvement 

9 program approved by the Secretary; 

10 and 

11 ‘‘(II) used in accordance with the 

12 requirements in— 

13 ‘‘(aa) appropriations Acts; 

14 ‘‘(bb) this title and chapter 

15 53 of title 49; and 

16 ‘‘(cc) any other applicable 

17 law. 

18 ‘‘(B) EXCEPTION.—Notwithstanding sub19 paragraph (A), if, pursuant to subsection (d), an 

20 Indian tribe receives a discretionary or competi21 tive grant from the Secretary or receives State 

22 apportioned funds, the Indian tribe shall use the 

23 funds for the purpose for which the funds were 

24 originally authorized. 

25 ‘‘(2) RETROCESSION.— 


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1 ‘‘(A) IN GENERAL.— 

2 ‘‘(i) AUTHORITY OF INDIAN TRIBES.— 

3 An Indian tribe may retrocede (fully or 

4 partially) to the Secretary programs, serv5 ices, functions, or activities (or portions 

6 thereof) included in a compact or funding 

7 agreement. 

8 ‘‘(ii) REASSUMPTION OF REMAINING

9 FUNDS.—Following a retrocession described 

10 in clause (i), the Secretary may— 

11 ‘‘(I) reassume the remaining 

12 funding associated with the retroceded 

13 programs, functions, services, and ac14 tivities (or portions thereof) included 

15 in the applicable compact or funding 

16 agreement; 

17 ‘‘(II) out of such remaining funds, 

18 transfer funds associated with Depart19 ment of Interior programs, services, 

20 functions, or activities (or portions 

21 thereof) to the Secretary of the Interior 

22 to carry out transportation services 

23 provided by the Secretary of the Inte24 rior; 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 available 

7 under subsection (f)(2)(A)(ii), the Secretary 

8 shall not be required to provide additional 

9 funds to complete or correct any programs, 

10 functions, services, or activities (or portions 

11 thereof). 

12 ‘‘(B) EFFECTIVE DATE.—Unless the Indian 

13 tribe rescinds a request for retrocession, the ret14 rocession shall become effective within the time15 frame specified by the parties in the compact or 

16 funding agreement. In the absence of such a spec17 ification, the retrocession shall become effective 

18 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 (or 

3 portions thereof), the Secretary of the Inte4 rior. 

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 include 

21 a provision authorizing the Secretary, if the 

22 Secretary makes a finding described in sub23 paragraph (B), to— 


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1 ‘‘(I) terminate the compact or 

2 funding agreement (or a portion there3 of); 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 associ12 ated with Department of the Interior pro13 grams, functions, services, and activities (or 

14 portions thereof) to the Secretary of the In15 terior to provide continued transportation 

16 services in accordance with applicable law. 

17 ‘‘(B) FINDINGS RESULTING IN TERMI18 NATION.—The finding referred to in subpara19 graph (A) is a specific finding of— 

20 ‘‘(i) imminent jeopardy to a trust 

21 asset, natural resources, or public health 

22 and safety that is caused by an act or omis23 sion of the Indian tribe and that arises out 

24 of a failure to carry out the compact or 


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1 funding agreement, as determined by the 

2 Secretary; or 

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

5 the Indian tribe under the compact or fund6 ing agreement, as determined by the Sec7 retary in consultation with the Inspector 

8 General of the Department, as appropriate. 

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

10 not terminate a compact or funding agreement 

11 (or portion thereof) unless— 

12 ‘‘(i) the Secretary has first provided 

13 written notice and a hearing on the record 

14 to the Indian tribe that is subject to the 

15 compact or funding agreement; and 

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

17 corrective action to remedy the mismanage18 ment of funds or programs or the imminent 

19 jeopardy to a trust asset, natural resource, 

20 or public health and safety. 

21 ‘‘(D) EXCEPTION.— 

22 ‘‘(i) IN GENERAL.—Notwithstanding 

23 subparagraph (C), the Secretary, upon 

24 written notification to an Indian tribe that 

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1 ment, may immediately terminate the com2 pact or funding agreement (or portion 

3 thereof) if— 

4 ‘‘(I) the Secretary makes a find5 ing of imminent substantial and irrep6 arable jeopardy to a trust asset, nat7 ural resource, or public health and 

8 safety; and 

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

10 failure to carry out the compact or 

11 funding agreement. 

12 ‘‘(ii) HEARINGS.—If the Secretary ter13 minates a compact or funding agreement 

14 (or portion thereof) under clause (i), the 

15 Secretary shall provide the Indian tribe 

16 subject to the compact or agreement with a 

17 hearing on the record not later than 10 

18 days after the date of such termination. 

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

20 or appeal involving a decision to terminate a 

21 compact or funding agreement (or portion there22 of) under this paragraph, the Secretary shall 

23 have the burden of proof in demonstrating by 

24 clear and convincing evidence the validity of the 

25 grounds for the termination. 


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1 ‘‘(g) COST PRINCIPLES.—In administering funds re2 ceived under this section, an Indian tribe shall apply cost 

3 principles under the applicable Office of Management and 

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

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

6 applicable Office of Management and Budget circulars sub7 sequently granted by the Office of Management and Budget. 

8 No other audit or accounting standards shall be required 

9 by the Secretary. Any claim by the Federal Government 

10 against the Indian tribe relating to funds received under 

11 a funding agreement based on any audit conducted pursu12 ant to this subsection shall be subject to the provisions of 

13 section 450j–1(f) of title 25. 

14 ‘‘(h) TRANSFER OF FUNDS.—The Secretary shall pro15 vide funds to an Indian tribe under a funding agreement 

16 in an amount equal to— 

17 ‘‘(1) the sum of the funding that the Indian tribe 

18 would otherwise receive for the program, function, 

19 service, or activity in accordance with a funding for20 mula or other allocation method established under 

21 this title or chapter 53 of title 49; and 

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

23 determines equal the amounts that would have been 

24 withheld for the costs of the Bureau of Indian Affairs 

25 for administration of the program or project. 


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1 ‘‘(i) CONSTRUCTION PROGRAMS.— 

2 ‘‘(1) STANDARDS.—Construction projects carried 

3 out under programs administered by an Indian tribe 

4 with funds transferred to the Indian tribe pursuant 

5 to a funding agreement entered into under this sec6 tion shall be constructed pursuant to the construction 

7 program standards set forth in applicable regulations 

8 or as specifically approved by the Secretary (or the 

9 Secretary’s designee). 

10 ‘‘(2) MONITORING.—Construction programs shall 

11 be monitored by the Secretary in accordance with ap12 plicable regulations. 

13 ‘‘(j) FACILITATION.— 

14 ‘‘(1) SECRETARIAL INTERPRETATION.—Except as 

15 otherwise provided by law, the Secretary shall inter16 pret all Federal laws, Executive orders, and regula17 tions in a manner that will facilitate— 

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

19 functions, and activities (or portions thereof) 

20 and funds associated therewith, in compacts and 

21 funding agreements; and 

22 ‘‘(B) the implementation of the compacts 

23 and funding agreements. 

24 ‘‘(2) REGULATION WAIVER.— 


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

2 submit to the Secretary a written request to 

3 waive application of a regulation promulgated 

4 under this section with respect to a compact or 

5 funding agreement. The request shall identify the 

6 regulation sought to be waived and the basis for 

7 the request. 

8 ‘‘(B) APPROVALS AND DENIALS.— 

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

10 days after the date of receipt of a written 

11 request under subparagraph (A), the Sec12 retary shall approve or deny the request in 

13 writing. 

14 ‘‘(ii) REVIEW.—The Secretary shall re15 view any application by an Indian tribe for 

16 a waiver bearing in mind increasing oppor17 tunities for using flexible policy approaches 

18 at the Indian tribal level. 

19 ‘‘(iii) DEEMED APPROVAL.—If the Sec20 retary does not approve or deny a request 

21 submitted under subparagraph (A) on or be22 fore the last day of the 90-day period re23 ferred to in clause (i), the request shall be 

24 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 deci7 sion 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 agree15 ments; 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-DETERMINATION

23 AND EDUCATION ASSISTANCE ACT.—Except to the extent 

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1 mination and Education Assistance Act shall apply to com2 pact and funding agreements (except that any reference to 

3 the Secretary of the Interior or the Secretary of Health and 

4 Human Services in such provisions shall be treated as a 

5 reference to the Secretary of Transportation): 

6 ‘‘(1) Subsections (a), (b), (d), (g), and (h) of sec7 tion 506 of such Act (25 U.S.C. 458aaa–5), relating 

8 to general provisions. 

9 ‘‘(2) Subsections (b) through (e) and (g) of sec10 tion 507 of such Act (25 U.S.C.458aaa–6), relating to 

11 provisions relating to the Secretary of Health and 

12 Human Services. 

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

14 and (k) of section 508 of such Act (25 U.S.C. 458aaa– 

15 7), relating to transfer of funds. 

16 ‘‘(4) Section 510 of such Act (25 U.S.C. 458aaa17 9), relating to Federal procurement laws and regula18 tions. 

19 ‘‘(5) Section 511 of such Act (25 U.S.C. 458aaa– 

20 10), relating to civil actions. 

21 ‘‘(6) Subsections (a)(1), (a)(2), and (c) through 

22 (f) of section 512 of such Act (25 U.S.C. 458aaa–11), 

23 relating to facilitation, except that subsection (c)(1) of 

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1 portation facilities and other facilities’ for ‘school 

2 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 applica8 tion of title I provisions. 

9 ‘‘(9) Section 518 of such Act (25 U.S.C. 458aaa– 

10 17), relating to appeals. 

11 ‘‘(m) DEFINITIONS.— 

12 ‘‘(1) IN GENERAL.—In this section, the following 

13 definitions apply (except as otherwise expressly pro14 vided): 

15 ‘‘(A) COMPACT.—The term ‘compact’ means 

16 a compact between the Secretary and an Indian 

17 tribe entered into under subsection (c). 

18 ‘‘(B) DEPARTMENT.—The term ‘Depart19 ment’ means the Department of Transportation. 

20 ‘‘(C) ELIGIBLE INDIAN TRIBE.—The term 

21 ‘eligible Indian tribe’ means an Indian tribe 

22 that is eligible to participate in the program, as 

23 determined under subsection (b). 

24 ‘‘(D) FUNDING AGREEMENT.—The term 

25 ‘funding agreement’ means a funding agreement 


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1 between the Secretary and an Indian tribe en2 tered into under subsection (d). 

3 ‘‘(E) INDIAN TRIBE.—The term ‘Indian 

4 tribe’ means any Indian or Alaska Native tribe, 

5 band, nation, pueblo, village, or community that 

6 the Secretary of the Interior acknowledges to 

7 exist as an Indian tribe under the Federally Rec8 ognized Indian Tribe List Act of 1994 (25 

9 U.S.C. 479a). In any case in which an Indian 

10 tribe has authorized another Indian tribe, an 

11 intertribal consortium, or a tribal organization 

12 to plan for or carry out programs, services, func13 tions, or activities (or portions thereof) on its be14 half under this part, the authorized Indian tribe, 

15 intertribal consortium, or tribal organization 

16 shall have the rights and responsibilities of the 

17 authorizing Indian tribe (except as otherwise 

18 provided in the authorizing resolution or in this 

19 title). In such event, the term ‘Indian tribe’ as 

20 used in this part shall include such other author21 ized Indian tribe, intertribal consortium, or trib22 al organization. 

23 ‘‘(F) PROGRAM.—The term ‘program’ 

24 means the tribal transportation self-governance 

25 program established under this section. 


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1 ‘‘(G) SECRETARY.—The term ‘Secretary’ 

2 means the Secretary of Transportation. 

3 ‘‘(H) TRANSPORTATION PROGRAMS.—The 

4 term ‘transportation programs’ means all pro5 grams administered or financed by the Depart6 ment under this title and chapter 53 of title 49. 

7 ‘‘(2) APPLICABILITY OF OTHER DEFINITIONS.— 

8 In this section, the definitions set forth in sections 4 

9 and 505 of the Indian Self-Determination and Edu10 cation Assistance Act (25 U.S.C. 450b; 458aaa) 

11 apply, except as otherwise expressly provided in this 

12 section. 

13 ‘‘(n) REGULATIONS.— 

14 ‘‘(1) IN GENERAL.— 

15 ‘‘(A) PROMULGATION.—Not later than 90 

16 days after the date of enactment of the Surface 

17 Transportation Reauthorization and Reform Act 

18 of 2015, the Secretary shall initiate procedures 

19 under subchapter III of chapter 5 of title 5 to ne20 gotiate and promulgate such regulations as are 

21 necessary to carry out this section. 

22 ‘‘(B) PUBLICATION OF PROPOSED REGULA23 TIONS.—Proposed regulations to implement this 

24 section shall be published in the Federal Register 


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1 by the Secretary not later than 21 months after 

2 such date of enactment. 

3 ‘‘(C) EXPIRATION OF AUTHORITY.—The au4 thority to promulgate regulations under para5 graph (1) shall expire 30 months after such date 

6 of enactment. 

7 ‘‘(D) EXTENSION OF DEADLINES.—A dead8 line set forth in paragraph (1)(B) or (1)(C) may 

9 be extended up to 180 days if the negotiated rule10 making committee referred to in paragraph (2) 

11 concludes that the committee cannot meet the 

12 deadline and the Secretary so notifies the appro13 priate committees of Congress. 

14 ‘‘(2) COMMITTEE.— 

15 ‘‘(A) IN GENERAL.—A negotiated rule16 making committee established pursuant to sec17 tion 565 of title 5 to carry out this subsection 

18 shall have as its members only Federal and trib19 al government representatives, a majority of 

20 whom shall be nominated by and be representa21 tives of Indian tribes with funding agreements 

22 under this title. 

23 ‘‘(B) REQUIREMENTS.—The committee shall 

24 confer with, and accommodate participation by, 

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1 sortia, tribal organizations, and individual trib2 al members. 

3 ‘‘(C) ADAPTATION OF PROCEDURES.—The 

4 Secretary shall adapt the negotiated rulemaking 

5 procedures to the unique context of self-govern6 ance and the government-to-government relation7 ship between the United States and Indian 

8 tribes. 

9 ‘‘(3) EFFECT.—The lack of promulgated regula10 tions shall not limit the effect of this section. 

11 ‘‘(4) EFFECT OF CIRCULARS, POLICIES, MANU12 ALS, GUIDANCE, AND RULES.—Unless expressly agreed 

13 to by the participating Indian tribe in the compact 

14 or funding agreement, the participating Indian tribe 

15 shall not be subject to any agency circular, policy, 

16 manual, guidance, or rule adopted by the Depart17 ment, except regulations promulgated under this sec18 tion.’’. 

19 (b) CLERICAL AMENDMENT.—The analysis for such 

20 chapter is amended by inserting after the item relating to 

21 section 206 the following: 

‘‘207. Tribal transportation self-governance program.’’. 

22 SEC. 1117. EMERGENCY RELIEF. 

23 (a) ELIGIBILITY.—Section 125(d)(3) of title 23, 

24 United States Code, is amended— 


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1 (1) in subparagraph (A) by striking ‘‘or’’ at the 

2 end; 

3 (2) in subparagraph (B) by striking the period 

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

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

6 ‘‘(C) projects eligible for assistance under 

7 this section located on Federal lands transpor8 tation facilities or other federally owned roads 

9 that are open to public travel (as defined in sub10 section (e)).’’. 

11 (b) DEFINITIONS.—Section 125(e) of title 23, United 

12 States Code, is amended by striking paragraph (1) and in13 serting the following: 

14 ‘‘(1) DEFINITIONS.—In this subsection, the fol15 lowing definitions apply: 

16 ‘‘(A) OPEN TO PUBLIC TRAVEL.—The term 

17 ‘open to public travel’ means, with respect to a 

18 road, that, except during scheduled periods, ex19 treme weather conditions, or emergencies, the 

20 road— 

21 ‘‘(i) is maintained; 

22 ‘‘(ii) is open to the general public; and 

23 ‘‘(iii) can accommodate travel by a 

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1 tions, other than for general traffic control 

2 or restrictions based on size, weight, or class 

3 of registration. 

4 ‘‘(B) STANDARD PASSENGER VEHICLE.—The 

5 term ‘standard passenger vehicle’ means a vehi6 cle with 6 inches of clearance from the lowest 

7 point of the frame, body, suspension, or differen8 tial to the ground.’’. 

9 SEC. 1118. HIGHWAY USE TAX EVASION PROJECTS. 

10 Section 143(b) of title 23, United States Code, is 

11 amended— 

12 (1) by striking paragraph (2)(A) and inserting 

13 the following: 

14 ‘‘(A) IN GENERAL.—From administrative 

15 funds made available under section 104(a), the 

16 Secretary may deduct such sums as are nec17 essary, not to exceed $6,000,000 for each of fiscal 

18 years 2016 through 2021, to carry out this sec19 tion.’’; 

20 (2) in the heading for paragraph (8) by insert21 ing ‘‘BLOCK GRANT’’ after ‘‘SURFACE TRANSPOR22 TATION’’; and 

23 (3) in paragraph (9) by inserting ‘‘, the Com24 mittee on Transportation and Infrastructure of the 

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1 vironment and Public Works of the Senate’’ after ‘‘the 

2 Secretary’’. 

3 SEC. 1119. BUNDLING OF BRIDGE PROJECTS. 

4 Section 144 of title 23, United States Code, is amend5 ed— 

6 (1) in subsection (c)(2)(A) by striking ‘‘the nat7 ural condition of the bridge’’ and inserting ‘‘the nat8 ural condition of the water’’; 

9 (2) by redesignating subsection (j) as subsection 

10 (k); 

11 (3) by inserting after subsection (i) the following: 

12 ‘‘(j) BUNDLING OF BRIDGE PROJECTS.— 

13 ‘‘(1) PURPOSE.—The purpose of this subsection 

14 is to save costs and time by encouraging States to 

15 bundle multiple bridge projects as 1 project. 

16 ‘‘(2) ELIGIBLE ENTITY DEFINED.—In this sub17 section, the term ‘eligible entity’ means an entity eli18 gible to carry out a bridge project under section 119 

19 or 133. 

20 ‘‘(3) BUNDLING OF BRIDGE PROJECTS.—An eli21 gible entity may bundle 2 or more similar bridge 

22 projects that are— 

23 ‘‘(A) eligible projects under section 119 or 

24 133; 


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1 ‘‘(B) included as a bundled project in a 

2 transportation improvement program under sec3 tion 134(j) or a statewide transportation im4 provement program under section 135, as appli5 cable; and 

6 ‘‘(C) awarded to a single contractor or con7 sultant pursuant to a contract for engineering 

8 and design or construction between the con9 tractor and an eligible entity. 

10 ‘‘(4) ITEMIZATION.—Notwithstanding any other 

11 provision of law (including regulations), a bundling 

12 of bridge projects under this subsection may be listed 

13 as— 

14 ‘‘(A) 1 project for purposes of sections 134 

15 and 135; and 

16 ‘‘(B) a single project within the applicable 

17 bundle. 

18 ‘‘(5) FINANCIAL CHARACTERISTICS.—Projects 

19 bundled under this subsection shall have the same fi20 nancial characteristics, including— 

21 ‘‘(A) the same funding category or sub22 category; and 

23 ‘‘(B) the same Federal share. 


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1 ‘‘(6) ENGINEERING COST REIMBURSEMENT.—The 

2 provisions of section 102(b) do not apply to projects 

3 carried out under this subsection.’’; and 

4 (4) in subsection (k)(2), as redesignated by para5 graph (2) of this section, by striking ‘‘104(b)(3)’’ and 

6 inserting ‘‘104(b)(2)’’. 

7 SEC. 1120. TRIBAL HIGH PRIORITY PROJECTS PROGRAM. 

8 Section 1123(h)(1) of MAP–21 (23 U.S.C. 202 note) 

9 is amended by striking ‘‘fiscal years’’ and all that follows 

10 through the period at the end and inserting ‘‘fiscal years 

11 2016 through 2021.’’. 

12 SEC. 1121. CONSTRUCTION OF FERRY BOATS AND FERRY 

13 TERMINAL FACILITIES. 

14 Section 147(e) of title 23, United States Code, is 

15 amended by striking ‘‘2013 and 2014’’ and inserting ‘‘2016 

16 through 2021’’. 

17 Subtitle B—Planning and 

18 Performance Management 

19 SEC. 1201. METROPOLITAN TRANSPORTATION PLANNING. 

20 Section 134 of title 23, United States Code, is amend21 ed— 

22 (1) in subsection (c)(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 inter2 city buses and intercity bus facilities’’; 

3 (2) in subsection (d)— 

4 (A) by redesignating paragraphs (3) 

5 through (6) as paragraphs (4) through (7), re6 spectively; 

7 (B) by inserting after paragraph (2) the fol8 lowing: 

9 ‘‘(3) REPRESENTATION.— 

10 ‘‘(A) IN GENERAL.—Designation or selection 

11 of officials or representatives under paragraph 

12 (2) shall be determined by the metropolitan 

13 planning organization according to the bylaws 

14 or enabling statute of the organization. 

15 ‘‘(B) PUBLIC TRANSPORTATION REPRESENT16 ATIVE.—Subject to the bylaws or enabling statute 

17 of the metropolitan planning organization, a 

18 representative of a provider of public transpor19 tation may also serve as a representative of a 

20 local municipality. 

21 ‘‘(C) POWERS OF CERTAIN OFFICIALS.—An 

22 official described in paragraph (2)(B) shall have 

23 responsibilities, actions, duties, voting rights, 

24 and any other authority commensurate with 

25 other officials described in paragraph (2).’’; and 


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1 (C) in paragraph (5) as so redesignated by 

2 striking ‘‘paragraph (5)’’ and inserting ‘‘para3 graph (6)’’; 

4 (3) in subsection (e)(4)(B), by striking ‘‘sub5 section (d)(5)’’ and inserting ‘‘subsection (d)(6)’’; 

6 (4) in subsection (g)(3)(A), by inserting ‘‘tour7 ism, natural disaster risk reduction,’’ after ‘‘economic 

8 development,’’; 

9 (5) in subsection (h)— 

10 (A) in paragraph (1)— 

11 (i) in subparagraph (G), by striking 

12 ‘‘and’’ at the end; 

13 (ii) in subparagraph (H) by striking 

14 the period at the end and inserting a semi15 colon; and 

16 (iii) by adding at the end the fol17 lowing: 

18 ‘‘(I) improve the resilience and reliability of 

19 the transportation system; and 

20 ‘‘(J) enhance travel and tourism.’’; and 

21 (B) in paragraph (2)(A) by striking ‘‘and 

22 in section 5301(c) of title 49’’ and inserting 

23 ‘‘and the general purposes described in section 

24 5301 of title 49’’; 

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 program, 

12 or telework program)’’ after ‘‘private pro13 viders of transportation’’; and 

14 (C) in paragraph (8) by striking ‘‘para15 graph (2)(C)’’ and inserting ‘‘paragraph (2)(E)’’ 

16 each place it appears; 

17 (7) in subsection (k)(3)— 

18 (A) in subparagraph (A) by inserting ‘‘(in19 cluding intercity bus operators, employer-based 

20 commuting programs such as a carpool program, 

21 vanpool program, transit benefit program, park22 ing cash-out program, shuttle program, or 

23 telework program), job access projects,’’ after ‘‘re24 duction’’; and 

25 (B) by adding at the end the following: 


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1 ‘‘(C) CONGESTION MANAGEMENT PLAN.—A 

2 metropolitan planning organization with a 

3 transportation management area may develop a 

4 plan that includes projects and strategies that 

5 will be considered in the TIP of such metropoli6 tan planning organization. Such plan shall— 

7 ‘‘(i) develop regional goals to reduce 

8 vehicle miles traveled during peak com9 muting hours and improve transportation 

10 connections between areas with high job 

11 concentration and areas with high con12 centrations of low-income households; 

13 ‘‘(ii) identify existing public transpor14 tation services, employer-based commuter 

15 programs, and other existing transportation 

16 services that support access to jobs in the re17 gion; and 

18 ‘‘(iii) identify proposed projects and 

19 programs to reduce congestion and increase 

20 job access opportunities. 

21 ‘‘(D) PARTICIPATION.—In developing the 

22 plan under subparagraph (C), a metropolitan 

23 planning organization shall consult with em24 ployers, private and nonprofit providers of pub25 lic transportation, transportation management 


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1 organizations, and organizations that provide 

2 job access reverse commute projects or job-related 

3 services to low-income individuals.’’; 

4 (8) in subsection (l)— 

5 (A) by adding a period at the end of para6 graph (1); and 

7 (B) in paragraph (2)(D) by striking ‘‘of less 

8 than 200,000’’ and inserting ‘‘with a population 

9 of 200,000 or less’’; 

10 (9) in subsection (n)(1) by inserting ‘‘49’’ after 

11 ‘‘chapter 53 of title’’; and 

12 (10) in subsection (p) by striking ‘‘Funds set 

13 aside under section 104(f)’’ and inserting ‘‘Funds ap14 portioned under section 104(b)(5)’’. 

15 SEC. 1202. STATEWIDE AND NONMETROPOLITAN TRANS16 PORTATION PLANNING. 

17 Section 135 of title 23, United States Code, is amend18 ed— 

19 (1) in subsection (a)(2) by striking ‘‘and bicycle 

20 transportation facilities’’ and inserting, ‘‘, bicycle 

21 transportation facilities, and intermodal facilities 

22 that support intercity transportation, including inter23 city buses and intercity bus facilities’’; 

24 (2) in subsection (d)— 

25 (A) in paragraph (1)— 


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1 (i) in subparagraph (G) by striking 

2 ‘‘and’’ at the end; 

3 (ii) in subparagraph (H) by striking 

4 the period at the end and inserting a semi5 colon; and 

6 (iii) by adding at the end the fol7 lowing: 

8 ‘‘(I) improve the resilience and reliability of 

9 the transportation system; and 

10 ‘‘(J) enhance travel and tourism.’’; and 

11 (B) in paragraph (2)— 

12 (i) in subparagraph (A) by striking 

13 ‘‘and in section 5301(c) of title 49’’ and in14 serting ‘‘and the general purposes described 

15 in section 5301 of title 49’’; 

16 (ii) in subparagraph (B)(ii) by strik17 ing ‘‘urbanized’’; and 

18 (iii) in subparagraph (C) by striking 

19 ‘‘urbanized’’; and 

20 (3) in subsection (f)— 

21 (A) in paragraph (3)(A)(ii)— 

22 (i) by inserting ‘‘public ports,’’ before 

23 ‘‘freight shippers,’’; and 

24 (ii) by inserting ‘‘(including intercity 

25 bus operators, employer-based commuting 


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1 programs, such as a carpool program, van2 pool program, transit benefit program, 

3 parking cash-out program, shuttle program, 

4 or telework program)’’ after ‘‘private pro5 viders of transportation’’; and 

6 (B) in paragraph (7), in the matter pre7 ceding subparagraph (A), by striking ‘‘should’’ 

8 and inserting ‘‘shall’’. 

9 Subtitle C—Acceleration of Project 

10 Delivery 

11 SEC. 1301. SATISFACTION OF REQUIREMENTS FOR CERTAIN 

12 HISTORIC SITES. 

13 (a) HIGHWAYS.—Section 138 of title 23, United States 

14 Code, is amended by adding at the end the following: 

15 ‘‘(c) SATISFACTION OF REQUIREMENTS FOR CERTAIN

16 HISTORIC SITES.— 

17 ‘‘(1) IN GENERAL.—The Secretary shall— 

18 ‘‘(A) align, to the maximum extent prac19 ticable, with the requirements of the National 

20 Environmental Policy Act of 1969 (42 U.S.C. 

21 4231 et seq.) and section 306108 of title 54, in22 cluding implementing regulations; and 

23 ‘‘(B) not later than 90 days after the date 

24 of enactment of this subsection, coordinate with 

25 the Secretary of the Interior and the Executive 


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1 Director of the Advisory Council on Historic 

2 Preservation (referred to in this subsection as the 

3 ‘Council’) to establish procedures to satisfy the 

4 requirements described in subparagraph (A) (in5 cluding regulations). 

6 ‘‘(2) AVOIDANCE ALTERNATIVE ANALYSIS.— 

7 ‘‘(A) IN GENERAL.—If, in an analysis re8 quired under the National Environmental Policy 

9 Act of 1969 (42 U.S.C. 4231 et seq.), the Sec10 retary determines that there is no feasible or 

11 prudent alternative to avoid use of a historic 

12 site, the Secretary may— 

13 ‘‘(i) include the determination of the 

14 Secretary in the analysis required under 

15 that Act; 

16 ‘‘(ii) provide a notice of the determina17 tion to— 

18 ‘‘(I) each applicable State historic 

19 preservation officer and tribal historic 

20 preservation officer; 

21 ‘‘(II) the Council, if the Council is 

22 participating in the consultation proc23 ess under section 306108 of title 54; 

24 and 


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1 ‘‘(III) the Secretary of the Inte2 rior; and 

3 ‘‘(iii) request from the applicable pres4 ervation officer, the Council, and the Sec5 retary of the Interior a concurrence that the 

6 determination is sufficient to satisfy the re7 quirement of subsection (a)(1). 

8 ‘‘(B) CONCURRENCE.—If the applicable 

9 preservation officer, the Council, and the Sec10 retary of the Interior each provide a concurrence 

11 requested under subparagraph (A)(iii), no fur12 ther analysis under subsection (a)(1) shall be re13 quired. 

14 ‘‘(C) PUBLICATION.—A notice of a deter15 mination, together with each relevant concur16 rence to that determination, under subparagraph 

17 (A) shall be— 

18 ‘‘(i) included in the record of decision 

19 or finding of no significant impact of the 

20 Secretary; and 

21 ‘‘(ii) posted on an appropriate Federal 

22 Web site by not later than 3 days after the 

23 date of receipt by the Secretary of all con24 currences requested under subparagraph 

25 (A)(iii). 


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1 ‘‘(3) ALIGNING HISTORICAL REVIEWS.— 

2 ‘‘(A) IN GENERAL.—If the Secretary, the 

3 applicable preservation officer, the Council, and 

4 the Secretary of the Interior concur that no fea5 sible and prudent alternative exists as described 

6 in paragraph (2), the Secretary may provide to 

7 the applicable preservation officer, the Council, 

8 and the Secretary of the Interior notice of the in9 tent of the Secretary to satisfy the requirements 

10 of subsection (a)(2) through the consultation re11 quirements of section 306108 of title 54. 

12 ‘‘(B) SATISFACTION OF CONDITIONS.—To 

13 satisfy the requirements of subsection (a)(2), each 

14 individual described in paragraph (2)(A)(ii) 

15 shall concur in the treatment of the applicable 

16 historic site described in the memorandum of 

17 agreement or programmatic agreement developed 

18 under section 306108 of title 54.’’. 

19 (b) PUBLIC TRANSPORTATION.—Section 303 of title 

20 49, United States Code, is amended by adding at the end 

21 the following: 

22 ‘‘(e) SATISFACTION OF REQUIREMENTS FOR CERTAIN

23 HISTORIC SITES.— 

24 ‘‘(1) IN GENERAL.—The Secretary shall— 


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1 ‘‘(A) align, to the maximum extent prac2 ticable, the requirements of this section with the 

3 requirements of the National Environmental Pol4 icy Act of 1969 (42 U.S.C. 4231 et seq.) and sec5 tion 306108 of title 54, including implementing 

6 regulations; and 

7 ‘‘(B) not later than 90 days after the date 

8 of enactment of this subsection, coordinate with 

9 the Secretary of the Interior and the Executive 

10 Director of the Advisory Council on Historic 

11 Preservation (referred to in this subsection as the 

12 ‘Council’) to establish procedures to satisfy the 

13 requirements described in subparagraph (A) (in14 cluding regulations). 

15 ‘‘(2) AVOIDANCE ALTERNATIVE ANALYSIS.— 

16 ‘‘(A) IN GENERAL.—If, in an analysis re17 quired under the National Environmental Policy 

18 Act of 1969 (42 U.S.C. 4231 et seq.), the Sec19 retary determines that there is no feasible or 

20 prudent alternative to avoid use of a historic 

21 site, the Secretary may— 

22 ‘‘(i) include the determination of the 

23 Secretary in the analysis required under 

24 that Act; 


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1 ‘‘(ii) provide a notice of the determina2 tion to— 

3 ‘‘(I) each applicable State historic 

4 preservation officer and tribal historic 

5 preservation officer; 

6 ‘‘(II) the Council, if the Council is 

7 participating in the consultation proc8 ess under section 306108 of title 54; 

9 and 

10 ‘‘(III) the Secretary of the Inte11 rior; and 

12 ‘‘(iii) request from the applicable pres13 ervation officer, the Council, and the Sec14 retary of the Interior a concurrence that the 

15 determination is sufficient to satisfy the re16 quirement of subsection (c)(1). 

17 ‘‘(B) CONCURRENCE.—If the applicable 

18 preservation officer, the Council, and the Sec19 retary of the Interior each provide a concurrence 

20 requested under subparagraph (A)(iii), no fur21 ther analysis under subsection (a)(1) shall be re22 quired. 

23 ‘‘(C) PUBLICATION.—A notice of a deter24 mination, together with each relevant concurVerDate Sep 11 2014 20:27 Oct 29, 2015 Jkt 059200 PO 00000 Frm 00118 Fmt 6652 Sfmt 6203 E:\BILLS\H3763.RH H3763

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1 rence to that determination, under subparagraph 

2 (A) shall be— 

3 ‘‘(i) included in the record of decision 

4 or finding of no significant impact of the 

5 Secretary; and 

6 ‘‘(ii) posted on an appropriate Federal 

7 Web site by not later than 3 days after the 

8 date of receipt by the Secretary of all con9 currences requested under subparagraph 

10 (A)(iii). 

11 ‘‘(3) ALIGNING HISTORICAL REVIEWS.— 

12 ‘‘(A) IN GENERAL.—If the Secretary, the 

13 applicable preservation officer, the Council, and 

14 the Secretary of the Interior concur that no fea15 sible and prudent alternative exists as described 

16 in paragraph (2), the Secretary may provide to 

17 the applicable preservation officer, the Council, 

18 and the Secretary of the Interior notice of the in19 tent of the Secretary to satisfy the requirements 

20 of subsection (c)(2) through the consultation re21 quirements of section 306108 of title 54. 

22 ‘‘(B) SATISFACTION OF CONDITIONS.—To 

23 satisfy the requirements of subsection (c)(2), the 

24 applicable preservation officer, the Council, and 

25 the Secretary of the Interior shall concur in the 


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1 treatment of the applicable historic site described 

2 in the memorandum of agreement or pro3 grammatic agreement developed under section 

4 306108 of title 54.’’. 

5 SEC. 1302. TREATMENT OF IMPROVEMENTS TO RAIL AND 

6 TRANSIT UNDER PRESERVATION REQUIRE7 MENTS. 

8 (a) TITLE 23 AMENDMENT.—Section 138 of title 23, 

9 United States Code, as amended by this Act, is further 

10 amended by adding at the end the following: 

11 ‘‘(d) RAIL AND TRANSIT.— 

12 ‘‘(1) IN GENERAL.—Improvements to, or the 

13 maintenance, rehabilitation, or operation of, railroad 

14 or rail transit lines or elements thereof that are in use 

15 or were historically used for the transportation of 

16 goods or passengers shall not be considered a use of 

17 a historic site under subsection (a), regardless of 

18 whether the railroad or rail transit line or element 

19 thereof is listed on, or eligible for listing on, the Na20 tional Register of Historic Places. 

21 ‘‘(2) EXCEPTIONS.— 

22 ‘‘(A) IN GENERAL.—Paragraph (1) shall 

23 not apply to— 

24 ‘‘(i) stations; or 

25 ‘‘(ii) bridges or tunnels located on— 


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1 ‘‘(I) railroad lines that have been 

2 abandoned; or 

3 ‘‘(II) transit lines that are not in 

4 use. 

5 ‘‘(B) CLARIFICATION WITH RESPECT TO

6 CERTAIN BRIDGES AND TUNNELS.—The bridges 

7 and tunnels referred to in subparagraph (A)(ii) 

8 do not include bridges or tunnels located on rail9 road or transit lines— 

10 ‘‘(i) over which service has been discon11 tinued; or 

12 ‘‘(ii) that have been railbanked or oth13 erwise reserved for the transportation of 

14 goods or passengers.’’. 

15 (b) TITLE 49 AMENDMENT.—Section 303 of title 49, 

16 United States Code, as amended by this Act, is further 

17 amended— 

18 (1) in subsection (c), in the matter preceding 

19 paragraph (1), by striking ‘‘subsection (d)’’ and in20 serting ‘‘subsections (d), (e), and (f)’’; and 

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

22 ‘‘(f) RAIL AND TRANSIT.— 

23 ‘‘(1) IN GENERAL.—Improvements to, or the 

24 maintenance, rehabilitation, or operation of, railroad 

25 or rail transit lines or elements thereof that are in use 


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1 or were historically used for the transportation of 

2 goods or passengers shall not be considered a use of 

3 a historic site under subsection (c), regardless of 

4 whether the railroad or rail transit line or element 

5 thereof is listed on, or eligible for listing on, the Na6 tional Register of Historic Places. 

7 ‘‘(2) EXCEPTIONS.— 

8 ‘‘(A) IN GENERAL.—Paragraph (1) shall 

9 not apply to— 

10 ‘‘(i) stations; or 

11 ‘‘(ii) bridges or tunnels located on— 

12 ‘‘(I) railroad lines that have been 

13 abandoned; or 

14 ‘‘(II) transit lines that are not in 

15 use. 

16 ‘‘(B) CLARIFICATION WITH RESPECT TO

17 CERTAIN BRIDGES AND TUNNELS.—The bridges 

18 and tunnels referred to in subparagraph (A)(ii) 

19 do not include bridges or tunnels located on rail20 road or transit lines— 

21 ‘‘(i) over which service has been discon22 tinued; or 

23 ‘‘(ii) that have been railbanked or oth24 erwise reserved for the transportation of 

25 goods or passengers.’’. 


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1 SEC. 1303. CLARIFICATION OF TRANSPORTATION ENVIRON2 MENTAL AUTHORITIES. 

3 (a) TITLE 23 AMENDMENT.—Section 138 of title 23, 

4 United States Code, as amended by this Act, is further 

5 amended by adding at the end the following: 

6 ‘‘(e) REFERENCES TO PAST TRANSPORTATION ENVI7 RONMENTAL AUTHORITIES.— 

8 ‘‘(1) SECTION 4(F) REQUIREMENTS.—The re9 quirements of this section are commonly referred to as 

10 section 4(f) requirements (see section 4(f) of the De11 partment of Transportation Act (Public Law 89–670; 

12 80 Stat. 934) as in effect before the repeal of that sec13 tion). 

14 ‘‘(2) SECTION 106 REQUIREMENTS.—The require15 ments of section 306108 of title 54 are commonly re16 ferred to as section 106 requirements (see section 106 

17 of the National Historic Preservation Act of 1966 

18 (Public Law 89–665; 80 Stat. 915) as in effect before 

19 the repeal of that section).’’. 

20 (b) TITLE 49 AMENDMENT.—Section 303 of title 49, 

21 United States Code, as amended by this Act, is further 

22 amended by adding at the end the following: 

23 ‘‘(g) REFERENCES TO PAST TRANSPORTATION ENVI24 RONMENTAL AUTHORITIES.— 

25 ‘‘(1) SECTION 4(F) REQUIREMENTS.—The re26 quirements of this section are commonly referred to as 


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1 section 4(f) requirements (see section 4(f) of the De2 partment of Transportation Act (Public Law 89–670; 

3 80 Stat. 934) as in effect before the repeal of that sec4 tion). 

5 ‘‘(2) SECTION 106 REQUIREMENTS.—The require6 ments of section 306108 of title 54 are commonly re7 ferred to as section 106 requirements (see section 106 

8 of the National Historic Preservation Act of 1966 

9 (Public Law 89–665; 80 Stat. 915) as in effect before 

10 the repeal of that section).’’. 

11 SEC. 1304. TREATMENT OF CERTAIN BRIDGES UNDER PRES12 ERVATION REQUIREMENTS. 

13 (a) TITLE 23 AMENDMENT.—Section 138 of title 23, 

14 United States Code, as amended by this Act, is further 

15 amended by adding at the end the following: 

16 ‘‘(f) BRIDGE EXEMPTION.—A common post-1945 con17 crete or steel bridge or culvert that is exempt from indi18 vidual review under section 306108 of title 54 (as described 

19 in 77 Fed. Reg. 68790) shall be treated under this section 

20 as having a de minimis impact on an area.’’. 

21 (b) TITLE 49 AMENDMENT.—Section 303 of title 49, 

22 United States Code, as amended by this Act, is further 

23 amended by adding at the end the following: 

24 ‘‘(h) BRIDGE EXEMPTION.—A common post-1945 con25 crete or steel bridge or culvert that is exempt from indiVerDate Sep 11 2014 20:27 Oct 29, 2015 Jkt 059200 PO 00000 Frm 00124 Fmt 6652 Sfmt 6203 E:\BILLS\H3763.RH H3763

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1 vidual review under section 306108 of title 54 (as described 

2 in 77 Fed. Reg. 68790) shall be treated under this section 

3 as having a de minimis impact on an area.’’. 

4 SEC. 1305. EFFICIENT ENVIRONMENTAL REVIEWS FOR 

5 PROJECT DECISIONMAKING. 

6 (a) DEFINITIONS.—Section 139(a) of title 23, United 

7 States Code, is amended— 

8 (1) by striking paragraph (5) and inserting the 

9 following: 

10 ‘‘(5) MULTIMODAL PROJECT.—The term 

11 ‘multimodal project’ means a project that requires the 

12 approval of more than 1 Department of Transpor13 tation operating administration or secretarial of14 fice.’’; 

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

16 ‘‘(9) SUBSTANTIAL DEFERENCE.—The term ‘sub17 stantial deference’ means deference by a participating 

18 agency to the recommendations and decisions of the 

19 lead agency unless it is not possible to defer without 

20 violating the participating agency’s statutory respon21 sibilities.’’. 

22 (b) APPLICABILITY.—Section 139(b)(3) of title 23, 

23 United States Code, is amended— 

24 (1) in subparagraph (A) in the matter preceding 

25 clause (i) by striking ‘‘initiate a rulemaking to’’; and 


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1 (2) by striking subparagraph (B) and inserting 

2 the following: 

3 ‘‘(B) REQUIREMENTS.—In carrying out 

4 subparagraph (A), the Secretary shall ensure 

5 that programmatic reviews— 

6 ‘‘(i) promote transparency, including 

7 the transparency of— 

8 ‘‘(I) the analyses and data used 

9 in the environmental reviews; 

10 ‘‘(II) the treatment of any de11 ferred issues raised by agencies or the 

12 public; and 

13 ‘‘(III) the temporal and spatial 

14 scales to be used to analyze issues 

15 under subclauses (I) and (II); 

16 ‘‘(ii) use accurate and timely informa17 tion, including through establishment of— 

18 ‘‘(I) criteria for determining the 

19 general duration of the usefulness of 

20 the review; and 

21 ‘‘(II) a timeline for updating an 

22 out-of-date review; 

23 ‘‘(iii) describe— 


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1 ‘‘(I) the relationship between any 

2 programmatic analysis and future 

3 tiered analysis; and 

4 ‘‘(II) the role of the public in the 

5 creation of future tiered analysis; 

6 ‘‘(iv) are available to other relevant 

7 Federal and State agencies, Indian tribes, 

8 and the public; and 

9 ‘‘(v) provide notice and public com10 ment opportunities consistent with applica11 ble requirements.’’. 

12 (c) FEDERAL LEAD AGENCY.—Section 139(c)(1)(A) of 

13 title 23, United States Code, is amended by inserting ‘‘, 

14 or an operating administration thereof designated by the 

15 Secretary,’’ after ‘‘Department of Transportation’’. 

16 (d) PARTICIPATING AGENCIES.— 

17 (1) INVITATION.—Section 139(d)(2) of title 23, 

18 United States Code, is amended by striking ‘‘The lead 

19 agency shall identify, as early as practicable in the 

20 environmental review process for a project,’’ and in21 serting ‘‘Not later than 45 days after the date of pub22 lication of a notice of intent to prepare an environ23 mental impact statement or the initiation of an envi24 ronmental assessment, the lead agency shall identify’’. 


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1 (2) SINGLE NEPA DOCUMENT.—Section 139(d) of 

2 title 23, United States Code, is amended by adding 

3 at the end the following: 

4 ‘‘(8) SINGLE NEPA DOCUMENT.— 

5 ‘‘(A) IN GENERAL.—Except as inconsistent 

6 with paragraph (7), to the maximum extent 

7 practicable and consistent with Federal law, all 

8 Federal permits and reviews for a project shall 

9 rely on a single environment document prepared 

10 under the National Environmental Policy Act of 

11 1969 (42 U.S.C. 4321 et seq.) under the leader12 ship of the lead agency. 

13 ‘‘(B) USE OF DOCUMENT.— 

14 ‘‘(i) IN GENERAL.—To the maximum 

15 extent practicable, the lead agency shall de16 velop an environmental document sufficient 

17 to satisfy the requirements for any Federal 

18 approval or other Federal action required 

19 for the project, including permits issued by 

20 other Federal agencies. 

21 ‘‘(ii) COOPERATION OF PARTICIPATING

22 AGENCIES.—Other participating agencies 

23 shall cooperate with the lead agency and 

24 provide timely information to help the lead 

25 agency carry out this subparagraph. 


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1 ‘‘(C) TREATMENT AS PARTICIPATING AND

2 COOPERATING AGENCIES.—A Federal agency re3 quired to make an approval or take an action 

4 for a project, as described in subparagraph (B), 

5 shall work with the lead agency for the project 

6 to ensure that the agency making the approval 

7 or taking the action is treated as being both a 

8 participating and cooperating agency for the 

9 project.’’. 

10 (e) PROJECT INITIATION.—Section 139(e) of title 23, 

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

12 following: 

13 ‘‘(3) ENVIRONMENTAL CHECKLIST.— 

14 ‘‘(A) DEVELOPMENT.—The lead agency for 

15 a project, in consultation with participating 

16 agencies, shall develop, as appropriate, a check17 list to help project sponsors identify potential 

18 natural, cultural, and historic resources in the 

19 area of the project. 

20 ‘‘(B) PURPOSE.—The purposes of the check21 list are— 

22 ‘‘(i) to identify agencies and organiza23 tions that can provide information about 

24 natural, cultural, and historic resources; 


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1 ‘‘(ii) to develop the information needed 

2 to determine the range of alternatives; and 

3 ‘‘(iii) to improve interagency collabo4 ration to help expedite the permitting proc5 ess for the lead agency and participating 

6 agencies.’’. 

7 (f) PURPOSE AND NEED.—Section 139(f) of title 23, 

8 United States Code, is amended— 

9 (1) in the subsection heading by inserting ‘‘; AL10 TERNATIVES ANALYSIS’’ after ‘‘NEED’’; 

11 (2) in paragraph (4)— 

12 (A) by striking subparagraph (A) and in13 serting the following: 

14 ‘‘(A) PARTICIPATION.— 

15 ‘‘(i) IN GENERAL.—As early as prac16 ticable during the environmental review 

17 process, the lead agency shall seek the in18 volvement of participating agencies and the 

19 public for the purpose of reaching agree20 ment early in the environmental review 

21 process on a reasonable range of alternatives 

22 that will satisfy all subsequent Federal en23 vironmental review and permit require24 ments. 


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1 ‘‘(ii) COMMENTS OF PARTICIPATING

2 AGENCIES.—To the maximum extent prac3 ticable and consistent with applicable law, 

4 each participating agency receiving an op5 portunity for involvement under clause (i) 

6 shall— 

7 ‘‘(I) limit the agency’s comments 

8 to subject matter areas within the 

9 agency’s special expertise or jurisdic10 tion; and 

11 ‘‘(II) afford substantial deference 

12 to the range of alternatives rec13 ommended by the lead agency. 

14 ‘‘(iii) EFFECT OF NONPARTICIPA15 TION.—A participating agency that declines 

16 to participate in the development of the 

17 purpose and need and reasonable range of 

18 alternatives for a project shall be required 

19 to comply with the schedule developed under 

20 subsection (g)(1)(B).’’; and 

21 (B) in subparagraph (B)— 

22 (i) by striking ‘‘Following participa23 tion under paragraph (1)’’ and inserting 

24 the following: 


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1 ‘‘(i) DETERMINATION.—Following par2 ticipation under subparagraph (A)’’; and 

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

4 ‘‘(ii) USE.—To the maximum extent 

5 practicable and consistent with Federal law, 

6 the range of alternatives determined for a 

7 project under clause (i) shall be used for all 

8 Federal environmental reviews and permit 

9 processes required for the project unless the 

10 alternatives must be modified— 

11 ‘‘(I) to address significant new in12 formation or circumstances, and the 

13 lead agency and participating agencies 

14 agree that the alternatives must be 

15 modified to address the new informa16 tion or circumstances; or 

17 ‘‘(II) for the lead agency or a par18 ticipating agency to fulfill its respon19 sibilities under the National Environ20 mental Policy Act of 1969 (42 U.S.C. 

21 4321 et seq.) in a timely manner.’’. 

22 (g) COORDINATION AND SCHEDULING.— 

23 (1) COORDINATION PLAN.—Section 139(g)(1) of 

24 title 23, United States Code, is amended— 


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1 (A) in subparagraph (A) by striking ‘‘The 

2 lead agency’’ and inserting ‘‘Not later than 90 

3 days after the date of publication of a notice of 

4 intent to prepare an environmental impact state5 ment or the initiation of an environmental as6 sessment, the lead agency’’; and 

7 (B) in subparagraph (B)(i) by striking 

8 ‘‘may establish’’ and inserting ‘‘shall establish’’. 

9 (2) DEADLINES FOR DECISIONS UNDER OTHER

10 LAWS.—Section 139(g)(3) of title 23, United States 

11 Code, is amended to read as follows: 

12 ‘‘(3) DEADLINES FOR DECISIONS UNDER OTHER

13 LAWS.— 

14 ‘‘(A) IN GENERAL.—In any case in which a 

15 decision under any Federal law relating to a 

16 project (including the issuance or denial of a 

17 permit or license) is required by law, regulation, 

18 or Executive order to be made after the date on 

19 which the lead agency has issued a categorical 

20 exclusion, finding of no significant impact, or 

21 record of decision with respect to the project, any 

22 such later decision shall be made or completed by 

23 the later of— 


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1 ‘‘(i) the date that is 180 days after the 

2 lead agency’s final decision has been made; 

3 or 

4 ‘‘(ii) the date that is 180 days after the 

5 date on which a completed application was 

6 submitted for the permit or license. 

7 ‘‘(B) TREATMENT OF DELAYS.—Following 

8 the deadline established by subparagraph (A), the 

9 Secretary shall submit to the Committee on 

10 Transportation and Infrastructure of the House 

11 of Representatives and the Committee on Envi12 ronment and Public Works of the Senate, and 

13 publish on the Department’s Internet Web site— 

14 ‘‘(i) as soon as practicable after the 

15 180-day period, an initial notice of the fail16 ure of the Federal agency to make the deci17 sion; and 

18 ‘‘(ii) every 60 days thereafter, until 

19 such date as all decisions of the Federal 

20 agency relating to the project have been 

21 made by the Federal agency, an additional 

22 notice that describes the number of decisions 

23 of the Federal agency that remain out24 standing as of the date of the additional no25 tice.’’. 


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1 (3) ADOPTION OF DOCUMENTS; ACCELERATED

2 DECISIONMAKING IN ENVIRONMENTAL REVIEWS.— 

3 (A) IN GENERAL.—Section 139(g) of title 

4 23, United States Code, is amended— 

5 (i) by redesignating paragraph (4) as 

6 paragraph (5); and 

7 (ii) by inserting after paragraph (3) 

8 the following: 

9 ‘‘(4) ACCELERATED DECISIONMAKING IN ENVI10 RONMENTAL REVIEWS.— 

11 ‘‘(A) IN GENERAL.—In preparing a final 

12 environmental impact statement under the Na13 tional Environmental Policy Act of 1969 (42 

14 U.S.C. 4321 et seq.), if the lead agency modifies 

15 the statement in response to comments that are 

16 minor and are confined to factual corrections or 

17 explanations of why the comments do not war18 rant additional agency response, the lead agency 

19 may write on errata sheets attached to the state20 ment instead of rewriting the draft statement, 

21 subject to the condition that the errata sheets— 

22 ‘‘(i) cite the sources, authorities, and 

23 reasons that support the position of the 

24 agency; and 


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1 ‘‘(ii) if appropriate, indicate the cir2 cumstances that would trigger agency re3 appraisal or further response. 

4 ‘‘(B) SINGLE DOCUMENT.—To the max5 imum extent practicable, the lead agency shall 

6 expeditiously develop a single document that con7 sists of a final environmental impact statement 

8 and a record of decision, unless— 

9 ‘‘(i) the final environmental impact 

10 statement makes substantial changes to the 

11 proposed action that are relevant to envi12 ronmental or safety concerns; or 

13 ‘‘(ii) there is a significant new cir14 cumstance or information relevant to envi15 ronmental concerns that bears on the pro16 posed action or the impacts of the proposed 

17 action.’’. 

18 (B) CONFORMING AMENDMENT.—Section 

19 1319 of MAP–21 (42 U.S.C. 4332a), and the 

20 item relating to that section in the table of con21 tents contained in section 1(c) of that Act, are 

22 repealed. 

23 (h) ISSUE IDENTIFICATION AND RESOLUTION.— 

24 (1) ISSUE RESOLUTION.—Section 139(h) of title 

25 23, United States Code, is amended— 


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1 (A) by redesignating paragraphs (4) 

2 through (7) as paragraphs (5) through (8), re3 spectively; and 

4 (B) by inserting after paragraph (3) the fol5 lowing: 

6 ‘‘(4) ISSUE RESOLUTION.—Any issue resolved by 

7 the lead agency and participating agencies may not 

8 be reconsidered unless significant new information or 

9 circumstances arise.’’. 

10 (2) FAILURE TO ASSURE.—Section 139(h)(5)(C) 

11 of title 23, United States Code, (as redesignated by 

12 paragraph (1)(A) of this subsection) is amended by 

13 striking ‘‘paragraph (5) and’’ and inserting ‘‘para14 graph (6)’’. 

15 (3) ACCELERATED ISSUE RESOLUTION AND RE16 FERRAL.—Section 139(h)(6) of title 23, United States 

17 Code, (as redesignated by paragraph (1)(A) of this 

18 subsection) is amended by striking subparagraph (C) 

19 and inserting the following: 

20 ‘‘(C) REFERRAL TO COUNCIL ON ENVIRON21 MENTAL QUALITY.— 

22 ‘‘(i) IN GENERAL.—If issue resolution 

23 for a project is not achieved on or before the 

24 30th day after the date of a meeting under 

25 subparagraph (B), the Secretary shall refer 


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1 the matter to the Council on Environmental 

2 Quality. 

3 ‘‘(ii) MEETING.—Not later than 30 

4 days after the date of receipt of a referral 

5 from the Secretary under clause (i), the 

6 Council on Environmental Quality shall 

7 hold an issue resolution meeting with— 

8 ‘‘(I) the head of the lead agency; 

9 ‘‘(II) the heads of relevant partici10 pating agencies; and 

11 ‘‘(III) the project sponsor (includ12 ing the Governor only if the initial 

13 issue resolution meeting request came 

14 from the Governor). 

15 ‘‘(iii) RESOLUTION.—The Council on 

16 Environmental Quality shall work with the 

17 lead agency, relevant participating agen18 cies, and the project sponsor until all issues 

19 are resolved.’’. 

20 (4) FINANCIAL PENALTY PROVISIONS.—Section 

21 139(h)(7)(B)(i)(I) of title 23, United States Code, (as 

22 redesignated by paragraph (1)(A) of this subsection) 

23 is amended by striking ‘‘under section 106(i) is re24 quired’’ and inserting ‘‘is required under subsection 

25 (h) or (i) of section 106’’. 


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1 (i) ASSISTANCE TO AFFECTED STATE AND FEDERAL

2 AGENCIES.— 

3 (1) IN GENERAL.—Section 139(j)(1) of title 23, 

4 United States Code, is amended to read as follows: 

5 ‘‘(1) IN GENERAL.— 

6 ‘‘(A) AUTHORITY TO PROVIDE FUNDS.—The 

7 Secretary may allow a public entity receiving fi8 nancial assistance from the Department of 

9 Transportation under this title or chapter 53 of 

10 title 49 to provide funds to Federal agencies (in11 cluding the Department), State agencies, and In12 dian tribes participating in the environmental 

13 review process for the project or program. 

14 ‘‘(B) USE OF FUNDS.—Funds referred to in 

15 subparagraph (A) may be provided only to sup16 port activities that directly and meaningfully 

17 contribute to expediting and improving permit18 ting and review processes, including planning, 

19 approval, and consultation processes for the 

20 project or program.’’. 

21 (2) ACTIVITIES ELIGIBLE FOR FUNDING.—Sec22 tion 139(j)(2) of title 23, United States Code, is 

23 amended by inserting ‘‘activities directly related to 

24 the environmental review process,’’ before ‘‘dedicated 

25 staffing,’’. 


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1 (3) AGREEMENT.—Section 139(j)(6) of title 23, 

2 United States Code, is amended to read as follows: 

3 ‘‘(6) AGREEMENT.—Prior to providing funds ap4 proved by the Secretary for dedicated staffing at an 

5 affected agency under paragraphs (1) and (2), the af6 fected agency and the requesting public entity shall 

7 enter into an agreement that establishes the projects 

8 and priorities to be addressed by the use of the 

9 funds.’’. 

10 (j) IMPLEMENTATION OF PROGRAMMATIC COMPLI11 ANCE.— 

12 (1) RULEMAKING.—Not later than 1 year after 

13 the date of enactment of this Act, the Secretary shall 

14 complete a rulemaking to implement the provisions of 

15 section 139(b)(3) of title 23, United States Code, as 

16 amended by this section. 

17 (2) CONSULTATION.—Before initiating the rule18 making under paragraph (1), the Secretary shall con19 sult with relevant Federal agencies, relevant State re20 source agencies, State departments of transportation, 

21 Indian tribes, and the public on the appropriate use 

22 and scope of the programmatic approaches. 

23 (3) REQUIREMENTS.—In carrying out this sub24 section, the Secretary shall ensure that the rulemaking 


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1 meets the requirements of section 139(b)(3)(B) of title 

2 23, United States Code, as amended by this section. 

3 (4) COMMENT PERIOD.—The Secretary shall— 

4 (A) allow not fewer than 60 days for public 

5 notice and comment on the proposed rule; and 

6 (B) address any comments received under 

7 this subsection. 

8 SEC. 1306. IMPROVING TRANSPARENCY IN ENVIRON9 MENTAL REVIEWS. 

10 (a) IN GENERAL.—Not later than 18 months after the 

11 date of enactment of this Act, the Secretary shall— 

12 (1) maintain and use a searchable Internet Web 

13 site— 

14 (A) to make publicly available the status 

15 and progress of projects, as defined in section 

16 139 of title 23, United States Code, requiring an 

17 environmental assessment or an environmental 

18 impact statement with respect to compliance 

19 with applicable requirements of the National En20 vironmental Policy Act of 1969 (42 U.S.C. 4321 

21 et seq.) and any other Federal, State, or local 

22 approval required for such projects; and 

23 (B) to make publicly available the names of 

24 participating agencies not participating in the 

25 development of a project purpose and need and 


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1 range of alternatives under section 139(f) of title 

2 23, United States Code; and 

3 (2) in coordination with agencies described in 

4 subsection (b) and State agencies, issue reporting 

5 standards to meet the requirements of paragraph (1). 

6 (b) FEDERAL, STATE, AND LOCAL AGENCY PARTICIPA7 TION.—A Federal, State, or local agency participating in 

8 the environmental review or permitting process for a 

9 project, as defined in section 139 of title 23, United States 

10 Code, shall provide to the Secretary information regarding 

11 the status and progress of the approval of the project for 

12 publication on the Internet Web site maintained under sub13 section (a), consistent with the standards established under 

14 subsection (a). 

15 (c) STATES WITH DELEGATED AUTHORITY.—A State 

16 with delegated authority for responsibilities under the Na17 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 

18 et seq.) pursuant to section 327 of title 23, United States 

19 Code, shall be responsible for supplying project development 

20 and compliance status to the Secretary for all applicable 

21 projects. 

22 SEC. 1307. INTEGRATION OF PLANNING AND ENVIRON23 MENTAL REVIEW. 

24 (a) DEFINITIONS.—Section 168(a) of title 23, United 

25 States Code, is amended— 


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1 (1) by striking paragraph (1) and inserting the 

2 following: 

3 ‘‘(1) ENVIRONMENTAL REVIEW PROCESS.—The 

4 term ‘environmental review process’ has the meaning 

5 given that term in section 139(a).’’; 

6 (2) by redesignating paragraphs (2) through (4) 

7 as paragraphs (3) through (5), respectively; 

8 (3) by inserting after paragraph (1) the fol9 lowing: 

10 ‘‘(2) LEAD AGENCY.—The term ‘lead agency’ has 

11 the meaning given that term in section 139(a).’’; and 

12 (4) by striking paragraph (3) (as redesignated 

13 by paragraph (2) of this subsection) and inserting the 

14 following: 

15 ‘‘(3) PLANNING PRODUCT.—The term ‘planning 

16 product’ means a decision, analysis, study, or other 

17 documented information that is the result of an eval18 uation or decisionmaking process carried out by a 

19 metropolitan planning organization or a State, as 

20 appropriate, during metropolitan or statewide trans21 portation planning under section 134 or section 135, 

22 respectively.’’. 

23 (b) ADOPTION OF PLANNING PRODUCTS FOR USE IN

24 NEPA PROCEEDINGS.—Section 168(b) of title 23, United 

25 States Code, is amended— 


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1 (1) in the subsection heading by inserting ‘‘OR

2 INCORPORATION BY REFERENCE’’ after ‘‘ADOPTION’’; 

3 (2) in paragraph (1) by striking ‘‘the Federal 

4 lead agency for a project may adopt’’ and inserting 

5 ‘‘and to the maximum extent practicable and appro6 priate, the lead agency for a project may adopt or in7 corporate by reference’’; 

8 (3) by striking paragraph (2) and redesignating 

9 paragraphs (3) and (4) as paragraphs (2) and (3), 

10 respectively; 

11 (4) by striking paragraph (2) (as so redesig12 nated) and inserting the following: 

13 ‘‘(2) PARTIAL ADOPTION OR INCORPORATION BY

14 REFERENCE OF PLANNING PRODUCTS.—The lead 

15 agency may adopt or incorporate by reference a plan16 ning product under paragraph (1) in its entirety or 

17 may select portions for adoption or incorporation by 

18 reference.’’; and 

19 (5) in paragraph (3) (as so redesignated) by in20 serting ‘‘or incorporation by reference’’ after ‘‘adop21 tion’’. 

22 (c) APPLICABILITY.— 

23 (1) PLANNING DECISIONS.—Section 168(c)(1) of 

24 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 agen4 cy’’; 

5 (B) by redesignating subparagraphs (A) 

6 through (E) as subparagraphs (B) through (F), 

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 re12 designated) 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 corridor’’ 

18 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 that 

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1 serting ‘‘potential impacts of a project, in2 cluding a programmatic mitigation plan 

3 developed in accordance with section 169, 

4 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) of 

12 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 agen16 cy’’; 

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 effects 

22 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 process 

9 may adopt or incorporate by reference and use a 

10 planning product under this section if the lead agency 

11 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 notice 

18 that the planning products may be adopted or incor19 porated by reference during a subsequent environ20 mental review process in accordance with this section. 

21 ‘‘(5) During the environmental review process, 

22 but prior to determining whether to rely on and use 

23 the planning product, the lead agency has— 

24 ‘‘(A) made the planning documents avail25 able for review and comment by members of the 


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1 general public and Federal, State, local, and 

2 tribal governments that may have an interest in 

3 the proposed action; 

4 ‘‘(B) provided notice of the lead agency’s in5 tent to adopt the planning product or incor6 porate the planning product by reference; and 

7 ‘‘(C) considered any resulting comments.’’; 

8 (4) in paragraph (9)— 

9 (A) by inserting ‘‘or incorporation by ref10 erence’’ after ‘‘adoption’’; and 

11 (B) by inserting ‘‘and is sufficient to meet 

12 the requirements of the National Environmental 

13 Policy Act of 1969 (42 U.S.C. 4321 et seq.)’’ 

14 after ‘‘for the project’’; and 

15 (5) in paragraph (10) by striking ‘‘not later 

16 than 5 years prior to date on which the information 

17 is adopted’’ and inserting ‘‘within the 5-year period 

18 ending on the date on which the information is adopt19 ed or incorporated by reference’’. 

20 (e) EFFECT OF ADOPTION OR INCORPORATION BY REF21 ERENCE.—Section 168(e) of title 23, United States Code, 

22 is amended— 

23 (1) in the subsection heading by inserting ‘‘OR

24 INCORPORATION BY REFERENCE’’ after ‘‘ADOPTION’’; 

25 and 


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1 (2) by striking ‘‘adopted by the Federal lead 

2 agency’’ and inserting ‘‘adopted or incorporated by 

3 reference by the lead agency’’. 

4 SEC. 1308. DEVELOPMENT OF PROGRAMMATIC MITIGATION 

5 PLANS. 

6 Section 169(f) of title 23, United States Code, is 

7 amended by striking ‘‘may use’’ and inserting ‘‘shall give 

8 substantial weight to’’. 

9 SEC. 1309. DELEGATION OF AUTHORITIES. 

10 (a) IN GENERAL.—The Secretary shall use the author11 ity under section 106(c) of title 23, United States Code, to 

12 the maximum extent practicable, to delegate responsibility 

13 to the States for project design, plans, specifications, esti14 mates, contract awards, and inspection of projects, on both 

15 a project-specific and programmatic basis. 

16 (b) SUBMISSION OF RECOMMENDATIONS.—Not later 

17 than 18 months after the date of enactment of this Act, the 

18 Secretary, in cooperation with the States, shall submit to 

19 the Committee on Transportation and Infrastructure of the 

20 House of Representatives and the Committee on Environ21 ment and Public Works of the Senate recommendations for 

22 legislation to permit the delegation of additional authorities 

23 to the States, including with respect to real estate acquisi24 tion and project design. 


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1 SEC. 1310. CATEGORICAL EXCLUSION FOR PROJECTS OF 

2 LIMITED FEDERAL ASSISTANCE. 

3 (a) ADJUSTMENT FOR INFLATION.—Section 1317 of 

4 MAP–21 (23 U.S.C. 109 note) is amended— 

5 (1) in paragraph (1)(A) by inserting ‘‘(as ad6 justed annually by the Secretary to reflect any in7 creases in the Consumer Price Index prepared by the 

8 Department of Labor)’’ after ‘‘$5,000,000’’; and 

9 (2) in paragraph (1)(B) by inserting ‘‘(as ad10 justed annually by the Secretary to reflect any in11 creases in the Consumer Price Index prepared by the 

12 Department of Labor)’’ after ‘‘$30,000,000’’. 

13 (b) RETROACTIVE APPLICATION.—The first adjustment 

14 made pursuant to the amendments made by subsection (a) 

15 shall— 

16 (1) be carried out not later than 60 days after 

17 the date of enactment of this Act; and 

18 (2) reflect the increase in the Consumer Price 

19 Index since July 1, 2012. 

20 SEC. 1311. APPLICATION OF CATEGORICAL EXCLUSIONS 

21 FOR MULTIMODAL PROJECTS. 

22 Section 304 of title 49, United States Code, is amend23 ed— 

24 (1) in subsection (a)— 

25 (A) in paragraph (1)— 


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1 (i) by striking ‘‘operating authority 

2 that’’ and inserting ‘‘operating administra3 tion or secretarial office that has expertise 

4 but’’; and 

5 (ii) by inserting ‘‘proposed 

6 multimodal’’ after ‘‘with respect to a’’; and 

7 (B) by striking paragraph (2) and inserting 

8 the following: 

9 ‘‘(2) LEAD AUTHORITY.—The term ‘lead author10 ity’ means a Department of Transportation operating 

11 administration or secretarial office that has the lead 

12 responsibility for compliance with the National Envi13 ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

14 with respect to a proposed multimodal project.’’; 

15 (2) in subsection (b) by inserting ‘‘or title 23’’ 

16 after ‘‘under this title’’; 

17 (3) by striking subsection (c) and inserting the 

18 following: 

19 ‘‘(c) APPLICATION OF CATEGORICAL EXCLUSIONS FOR

20 MULTIMODAL PROJECTS.—In considering the environ21 mental impacts of a proposed multimodal project, a lead 

22 authority may apply categorical exclusions designated 

23 under the National Environmental Policy Act of 1969 (42 

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1 dures of a cooperating authority for a proposed multimodal 

2 project, subject to the conditions that— 

3 ‘‘(1) the lead authority makes a determination, 

4 with the concurrence of the cooperating authority— 

5 ‘‘(A) on the applicability of a categorical 

6 exclusion to a proposed multimodal project; and 

7 ‘‘(B) that the project satisfies the conditions 

8 for a categorical exclusion under the National 

9 Environmental Policy Act of 1969 (42 U.S.C. 

10 4321 et seq.) and this section; 

11 ‘‘(2) the lead authority follows the cooperating 

12 authority’s implementing regulations or procedures 

13 under such Act; and 

14 ‘‘(3) the lead authority determines that— 

15 ‘‘(A) the proposed multimodal project does 

16 not individually or cumulatively have a signifi17 cant impact on the environment; and 

18 ‘‘(B) extraordinary circumstances do not 

19 exist that merit additional analysis and docu20 mentation in an environmental impact state21 ment or environmental assessment required 

22 under such Act.’’; and 

23 (4) by striking subsection (d) and inserting the 

24 following: 


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1 ‘‘(d) COOPERATING AUTHORITY EXPERTISE.—A co2 operating authority shall provide expertise to the lead au3 thority on aspects of the multimodal project in which the 

4 cooperating authority has expertise.’’. 

5 SEC. 1312. SURFACE TRANSPORTATION PROJECT DELIVERY 

6 PROGRAM. 

7 Section 327 of title 23, United States Code, is amend8 ed— 

9 (1) in subsection (a)(2)(B)(iii) by striking ‘‘(42 

10 U.S.C. 13 4321 et seq.)’’ and inserting ‘‘(42 U.S.C. 

11 4321 et seq.)’’; 

12 (2) in subsection (c)(4) by inserting ‘‘reason13 ably’’ before ‘‘considers necessary’’; 

14 (3) in subsection (e) by inserting ‘‘and without 

15 further approval of’’ after ‘‘in lieu of’’; 

16 (4) in subsection (g)— 

17 (A) by striking paragraph (1) and inserting 

18 the following: 

19 ‘‘(1) IN GENERAL.—To ensure compliance by a 

20 State with any agreement of the State under sub21 section (c) (including compliance by the State with 

22 all Federal laws for which responsibility is assumed 

23 under subsection (a)(2)), for each State participating 

24 in the program under this section, the Secretary 

25 shall— 


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1 ‘‘(A) not later than 6 months after execution 

2 of the agreement, meet with the State to review 

3 implementation of the agreement and discuss 

4 plans for the first annual audit; 

5 ‘‘(B) conduct annual audits during each of 

6 the first 4 years of State participation; and 

7 ‘‘(C) ensure that the time period for com8 pleting an annual audit, from initiation to com9 pletion (including public comment and responses 

10 to those comments), does not exceed 180 days.’’; 

11 and 

12 (B) by adding at the end the following: 

13 ‘‘(3) AUDIT TEAM.—An audit conducted under 

14 paragraph (1) shall be carried out by an audit team 

15 determined by the Secretary, in consultation with the 

16 State. Such consultation shall include a reasonable 

17 opportunity for the State to review and provide com18 ments on the proposed members of the audit team.’’; 

19 and 

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

21 ‘‘(k) CAPACITY BUILDING.—The Secretary, in coopera22 tion with representatives of State officials, may carry out 

23 education, training, peer-exchange, and other initiatives as 

24 appropriate— 


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1 ‘‘(1) to assist States in developing the capacity 

2 to participate in the assignment program under this 

3 section; and 

4 ‘‘(2) to promote information sharing and collabo5 ration among States that are participating in the as6 signment program under this section. 

7 ‘‘(l) RELATIONSHIP TO LOCALLY ADMINISTERED

8 PROJECTS.—A State granted authority under this section 

9 may, as appropriate and at the request of a local govern10 ment— 

11 ‘‘(1) exercise such authority on behalf of the local 

12 government for a locally administered project; or 

13 ‘‘(2) provide guidance and training on consoli14 dating and minimizing the documentation and envi15 ronmental analyses necessary for sponsors of a locally 

16 administered project to comply with the National En17 vironmental Policy Act of 1969 (42 U.S.C. 4321 et 

18 seq.) and any comparable requirements under State 

19 law.’’. 

20 SEC. 1313. PROGRAM FOR ELIMINATING DUPLICATION OF 

21 ENVIRONMENTAL REVIEWS. 

22 (a) PURPOSE.—The purpose of this section is to elimi23 nate duplication of environmental reviews and approvals 

24 under State and Federal laws. 


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1 (b) IN GENERAL.—Chapter 3 of title 23, United States 

2 Code, is amended by adding at the end the following: 

3 ‘‘§ 330. Program for eliminating duplication of envi4 ronmental reviews 

5 ‘‘(a) ESTABLISHMENT.— 

6 ‘‘(1) IN GENERAL.—The Secretary shall establish 

7 a pilot program to authorize States that are approved 

8 to participate in the program to conduct environ9 mental reviews and make approvals for projects under 

10 State environmental laws and regulations instead of 

11 Federal environmental laws and regulations, con12 sistent with the requirements of this section. 

13 ‘‘(2) PARTICIPATING STATES.—The Secretary 

14 may select not more than 5 States to participate in 

15 the program. 

16 ‘‘(3) ALTERNATIVE REVIEW AND APPROVAL PRO17 CEDURES.—In this section, the term ‘alternative envi18 ronmental review and approval procedures’ means— 

19 ‘‘(A) substitution of 1 or more State envi20 ronmental laws for— 

21 ‘‘(i) the National Environmental Pol22 icy Act of 1969 (42 U.S.C. 4321 et seq.); 

23 ‘‘(ii) such provisions of sections 109(h), 

24 128, and 139 related to the application of 

25 that Act that are under the authority of the 


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1 Secretary, as the Secretary, in consultation 

2 with the State, considers appropriate; and 

3 ‘‘(iii) related regulations and Execu4 tive orders; and 

5 ‘‘(B) substitution of 1 or more State envi6 ronmental regulations for— 

7 ‘‘(i) the National Environmental Pol8 icy Act of 1969; 

9 ‘‘(ii) such provisions of sections 109(h), 

10 128, and 139 related to the application of 

11 that Act that are under the authority of the 

12 Secretary, as the Secretary, in consultation 

13 with the State, considers appropriate; and 

14 ‘‘(iii) related regulations and Execu15 tive orders. 

16 ‘‘(b) APPLICATION.—To be eligible to participate in the 

17 program, a State shall submit to the Secretary an applica18 tion containing such information as the Secretary may re19 quire, including— 

20 ‘‘(1) a full and complete description of the pro21 posed alternative environmental review and approval 

22 procedures of the State; 

23 ‘‘(2) each Federal law described in subsection 

24 (a)(3) that the State is seeking to substitute; 


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1 ‘‘(3) each State law and regulation that the 

2 State intends to substitute for such Federal law, Fed3 eral regulation, or Executive order; 

4 ‘‘(4) an explanation of the basis for concluding 

5 that the State law or regulation is substantially 

6 equivalent to the Federal law described in subsection 

7 (a)(3); 

8 ‘‘(5) a description of the projects or classes of 

9 projects for which the State anticipates exercising the 

10 authority that may be granted under the program; 

11 ‘‘(6) verification that the State has the financial 

12 resources necessary to carry out the authority that 

13 may be granted under the program; 

14 ‘‘(7) evidence of having sought, received, and ad15 dressed comments on the proposed application from 

16 the public; and 

17 ‘‘(8) any such additional information as the Sec18 retary, or, with respect to section (d)(1)(A), the Sec19 retary in consultation with the Chair, may require. 

20 ‘‘(c) REVIEW OF APPLICATION.—In accordance with 

21 subsection (d), the Secretary shall— 

22 ‘‘(1) review an application submitted under sub23 section (b); 


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1 ‘‘(2) approve or disapprove the application not 

2 later than 90 days after the date of receipt of the ap3 plication; and 

4 ‘‘(3) transmit to the State notice of the approval 

5 or disapproval, together with a statement of the rea6 sons for the approval or disapproval. 

7 ‘‘(d) APPROVAL OF APPLICATION.— 

8 ‘‘(1) IN GENERAL.—The Secretary shall approve 

9 an application submitted under subsection (b) only 

10 if— 

11 ‘‘(A) the Secretary, with the concurrence of 

12 the Chair, determines that the laws and regula13 tions of the State described in the application 

14 are substantially equivalent to the Federal laws 

15 that the State is seeking to substitute; 

16 ‘‘(B) the Secretary determines that the State 

17 has the capacity, including financial and per18 sonnel, to assume the responsibility; and 

19 ‘‘(C) the State has executed an agreement 

20 with the Secretary, in accordance with section 

21 327, providing for environmental review, con22 sultation, or other action under Federal environ23 mental laws pertaining to the review or approval 

24 of a specific project. 


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1 ‘‘(2) EXCLUSION.—The National Environmental 

2 Policy Act of 1969 shall not apply to a decision by 

3 the Secretary to approve or disapprove an applica4 tion submitted under this section. 

5 ‘‘(e) JUDICIAL REVIEW.— 

6 ‘‘(1) IN GENERAL.—The United States district 

7 courts shall have exclusive jurisdiction over any civil 

8 action against a State— 

9 ‘‘(A) for failure of the State to meet the re10 quirements of this section; or 

11 ‘‘(B) if the action involves the exercise of 

12 authority by the State under this section and 

13 section 327. 

14 ‘‘(2) STATE JURISDICTION.—A State court shall 

15 have exclusive jurisdiction over any civil action 

16 against a State if the action involves the exercise of 

17 authority by the State under this section not covered 

18 by paragraph (1). 

19 ‘‘(f) ELECTION.—At its discretion, a State partici20 pating in the programs under this section and section 327 

21 may elect to apply the National Environmental Protection 

22 Act of 1969 instead of the State’s alternative environmental 

23 review and approval procedures. 

24 ‘‘(g) TREATMENT OF STATE LAWS AND REGULA25 TIONS.—To the maximum extent practicable and consistent 


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1 with Federal law, other Federal agencies with authority 

2 over a project subject to this section shall use documents 

3 produced by a participating State under this section to sat4 isfy the requirements of the National Environmental Policy 

5 Act of 1969. 

6 ‘‘(h) RELATIONSHIP TO LOCALLY ADMINISTERED

7 PROJECTS.— 

8 ‘‘(1) IN GENERAL.—A State with an approved 

9 program under this section, at the request of a local 

10 government, may exercise authority under that pro11 gram on behalf of up to 10 local governments for lo12 cally administered projects. 

13 ‘‘(2) SCOPE.—For up to 10 local governments se14 lected by a State with an approved program under 

15 this section, the State shall be responsible for ensuring 

16 that any environmental review, consultation, or other 

17 action required under the National Environmental 

18 Policy Act of 1969 or the State program, or both, 

19 meets the requirements of such Act or program. 

20 ‘‘(i) REVIEW AND TERMINATION.— 

21 ‘‘(1) IN GENERAL.—A State program approved 

22 under this section shall at all times be in accordance 

23 with the requirements of this section. 


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1 ‘‘(2) REVIEW.—The Secretary shall review each 

2 State program approved under this section not less 

3 than once every 5 years. 

4 ‘‘(3) PUBLIC NOTICE AND COMMENT.—In con5 ducting the review process under paragraph (2), the 

6 Secretary shall provide notice and an opportunity for 

7 public comment. 

8 ‘‘(4) WITHDRAWAL OF APPROVAL.—If the Sec9 retary, in consultation with the Chair, determines at 

10 any time that a State is not administering a State 

11 program approved under this section in accordance 

12 with the requirements of this section, the Secretary 

13 shall so notify the State, and if appropriate corrective 

14 action is not taken within a reasonable time, not to 

15 exceed 90 days, the Secretary shall withdraw ap16 proval of the State program. 

17 ‘‘(5) EXTENSIONS AND TERMINATIONS.—At the 

18 conclusion of the review process under paragraph (2), 

19 the Secretary may extend for an additional 5-year pe20 riod or terminate the authority of a State under this 

21 section to substitute that State’s laws and regulations 

22 for Federal laws. 

23 ‘‘(j) REPORT TO CONGRESS.—Not later than 2 years 

24 after the date of enactment of this section, and annually 

25 thereafter, the Secretary shall submit to the Committee on 


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1 Transportation and Infrastructure of the House of Rep2 resentatives and the Committee on Environment and Public 

3 Works of the Senate a report that describes the administra4 tion of the program, including— 

5 ‘‘(1) the number of States participating in the 

6 program; 

7 ‘‘(2) the number and types of projects for which 

8 each State participating in the program has used al9 ternative environmental review and approval proce10 dures; and 

11 ‘‘(3) any recommendations for modifications to 

12 the program. 

13 ‘‘(k) DEFINITIONS.—In this section, the following defi14 nitions apply: 

15 ‘‘(1) CHAIR.—The term ‘Chair’ means the Chair 

16 of the Council on Environmental Quality. 

17 ‘‘(2) MULTIMODAL PROJECT.—The term 

18 ‘multimodal project’ has the meaning given that term 

19 in section 139(a). 

20 ‘‘(3) PROGRAM.—The term ‘program’ means the 

21 pilot program established under this section. 

22 ‘‘(4) PROJECT.—The term ‘project’ means— 

23 ‘‘(A) a project requiring approval under 

24 this title, chapter 53 of subtitle III of title 49, or 

25 subtitle V of title 49; and 


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1 ‘‘(B) a multimodal project.’’. 

2 (c) RULEMAKING.— 

3 (1) IN GENERAL.—Not later than 270 days after 

4 the date of enactment of this Act, the Secretary of 

5 Transportation, in consultation with the Chair of the 

6 Council on Environmental Quality, shall promulgate 

7 regulations to implement the requirements of section 

8 330 of title 23, United States Code, as added by this 

9 section. 

10 (2) DETERMINATION OF SUBSTANTIALLY EQUIVA11 LENT.—As part of the rulemaking required under this 

12 subsection, the Chair shall— 

13 (A) establish the criteria necessary to deter14 mine that a State law or regulation is substan15 tially equivalent to a Federal law described in 

16 section 330(a)(3) of title 23, United States Code; 

17 (B) ensure that such criteria, at a min18 imum— 

19 (i) provide for protection of the envi20 ronment; 

21 (ii) provide opportunity for public 

22 participation and comment, including ac23 cess to the documentation necessary to re24 view the potential impact of a project; and 


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1 (iii) ensure a consistent review of 

2 projects that would otherwise have been cov3 ered under Federal law. 

4 (d) CLERICAL AMENDMENT.—The analysis for chapter 

5 3 of title 23, United States Code, is amended by adding 

6 at the end the following: 

‘‘330. Program for eliminating duplication of environmental reviews.’’. 

7 SEC. 1314. ASSESSMENT OF PROGRESS ON ACCELERATING 

8 PROJECT DELIVERY. 

9 (a) IN GENERAL.—Not later than 2 years after the 

10 date of enactment of this Act, the Comptroller General of 

11 the United States shall assess the progress made under this 

12 Act, MAP–21 (Public Law 112–141), and SAFETEA–LU 

13 (Public Law 109–59), including the amendments made by 

14 those Acts, to accelerate the delivery of Federal-aid highway 

15 and highway safety construction projects and public trans16 portation capital projects by streamlining the environ17 mental review and permitting process. 

18 (b) CONTENTS.—The assessment required under sub19 section (a) shall evaluate— 

20 (1) how often the various streamlining provi21 sions have been used; 

22 (2) which of the streamlining provisions have 

23 had the greatest impact on streamlining the environ24 mental review and permitting process; 


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1 (3) what, if any, impact streamlining of the 

2 process has had on environmental protection; 

3 (4) how, and the extent to which, streamlining 

4 provisions have improved and accelerated the process 

5 for permitting under the Federal Water Pollution 

6 Control Act (33 U.S.C. 1251 et seq.), the Endangered 

7 Species Act of 1973 (16 U.S.C. 1531 et seq.), and 

8 other applicable Federal laws; 

9 (5) what impact actions by the Council on Envi10 ronmental Quality have had on accelerating Federal11 aid highway and highway safety construction projects 

12 and public transportation capital projects; 

13 (6) the number and percentage of projects that 

14 proceed under a traditional environmental assessment 

15 or environmental impact statement, and the number 

16 and percentage of projects that proceed under categor17 ical exclusions; 

18 (7) the extent to which the environmental review 

19 and permitting process remains a significant source 

20 of project delay and the sources of delays; and 

21 (8) the costs of conducting environmental reviews 

22 and issuing permits or licenses for a project, includ23 ing the cost of contractors and dedicated agency staff. 


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1 (c) RECOMMENDATIONS.—The assessment required 

2 under subsection (a) shall include recommendations with 

3 respect to— 

4 (1) additional opportunities for streamlining the 

5 environmental review process, including regulatory or 

6 statutory changes to accelerate the processes of Federal 

7 agencies (other than the Department) with responsi8 bility for reviewing Federal-aid highway and high9 way safety construction projects and public transpor10 tation capital projects without negatively impacting 

11 the environment; and 

12 (2) best practices of other Federal agencies that 

13 should be considered for adoption by the Department. 

14 (d) REPORT TO CONGRESS.—The Comptroller General 

15 of the United States shall submit to the Committee on 

16 Transportation and Infrastructure of the House of Rep17 resentatives and the Committee on Environment and Public 

18 Works of the Senate a report containing the assessment and 

19 recommendations required under this section. 

20 SEC. 1315. IMPROVING STATE AND FEDERAL AGENCY EN21 GAGEMENT IN ENVIRONMENTAL REVIEWS. 

22 (a) IN GENERAL.—Title 49, United States Code, is 

23 amended by inserting after section 306 the following: 


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1 ‘‘§ 307. Improving State and Federal agency engage2 ment in environmental reviews 

3 ‘‘(a) IN GENERAL.— 

4 ‘‘(1) REQUESTS TO PROVIDE FUNDS.—A public 

5 entity receiving financial assistance from the Depart6 ment of Transportation for 1 or more projects, or for 

7 a program of projects, for a public purpose may re8 quest that the Secretary allow the public entity to 

9 provide funds to Federal agencies, including the De10 partment, State agencies, and Indian tribes partici11 pating in the environmental planning and review 

12 process for the project, projects, or program. 

13 ‘‘(2) USE OF FUNDS.—The funds may be pro14 vided only to support activities that directly and 

15 meaningfully contribute to expediting and improving 

16 permitting and review processes, including planning, 

17 approval, and consultation processes for the project, 

18 projects, or program. 

19 ‘‘(b) ACTIVITIES ELIGIBLE FOR FUNDING.—Activities 

20 for which funds may be provided under subsection (a) in21 clude transportation planning activities that precede the 

22 initiation of the environmental review process, activities di23 rectly related to the environmental review process, dedicated 

24 staffing, training of agency personnel, information gath25 ering and mapping, and development of programmatic 

26 agreements. 


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1 ‘‘(c) AMOUNTS.—Requests under subsection (a) may be 

2 approved only for the additional amounts that the Sec3 retary determines are necessary for the Federal agencies, 

4 State agencies, or Indian tribes participating in the envi5 ronmental review process to timely conduct their review. 

6 ‘‘(d) AGREEMENTS.—Prior to providing funds ap7 proved by the Secretary for dedicated staffing at an affected 

8 Federal agency under subsection (a), the affected Federal 

9 agency and the requesting public entity shall enter into an 

10 agreement that establishes a process to identify projects or 

11 priorities to be addressed by the use of the funds. 

12 ‘‘(e) RULEMAKING.— 

13 ‘‘(1) IN GENERAL.—Not later than 180 days 

14 after the date of enactment of this section, the Sec15 retary shall initiate a rulemaking to implement this 

16 section. 

17 ‘‘(2) FACTORS.—As part of the rulemaking car18 ried out under paragraph (1), the Secretary shall en19 sure— 

20 ‘‘(A) to the maximum extent practicable, 

21 that expediting and improving the process of en22 vironmental review and permitting through the 

23 use of funds accepted and expended under this 

24 section does not adversely affect the timeline for 

25 review and permitting by Federal agencies, State 


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1 agencies, or Indian tribes of other entities that 

2 have not contributed funds under this section; 

3 ‘‘(B) that the use of funds accepted under 

4 this section will not impact impartial decision5 making with respect to environmental reviews or 

6 permits, either substantively or procedurally; 

7 and 

8 ‘‘(C) that the Secretary maintains, and 

9 makes publicly available, including on the Inter10 net, a list of projects or programs for which such 

11 review or permits have been carried out using 

12 funds authorized under this section. 

13 ‘‘(f) EXISTING AUTHORITY.—Nothing in this section 

14 may be construed to conflict with section 139(j) of title 23.’’. 

15 (b) CONFORMING AMENDMENT.—The analysis for 

16 chapter 3 of title 49, United States Code, is amended by 

17 inserting after the item relating to section 306 the following: 

‘‘307. Improving State and Federal agency engagement in environmental reviews.’’. 

18 SEC. 1316. ACCELERATED DECISIONMAKING IN ENVIRON19 MENTAL REVIEWS. 

20 (a) IN GENERAL.—Title 49, United States Code, is 

21 amended by inserting after section 304 the following: 


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1 ‘‘§ 304a. Accelerated decisionmaking in environmental 

2 reviews 

3 ‘‘(a) IN GENERAL.—In preparing a final environ4 mental impact statement under the National Environ5 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if the 

6 lead agency modifies the statement in response to comments 

7 that are minor and are confined to factual corrections or 

8 explanations of why the comments do not warrant addi9 tional agency response, the lead agency may write on errata 

10 sheets attached to the statement, instead of rewriting the 

11 draft statement, subject to the condition that the errata 

12 sheets— 

13 ‘‘(1) cite the sources, authorities, and reasons 

14 that support the position of the agency; and 

15 ‘‘(2) if appropriate, indicate the circumstances 

16 that would trigger agency reappraisal or further re17 sponse. 

18 ‘‘(b) SINGLE DOCUMENT.—To the maximum extent 

19 practicable, the lead agency shall expeditiously develop a 

20 single document that consists of a final environmental im21 pact statement and a record of decision, unless— 

22 ‘‘(1) the final environmental impact statement 

23 makes substantial changes to the proposed action that 

24 are relevant to environmental or safety concerns; or 

25 ‘‘(2) there is a significant new circumstance or 

26 information relevant to environmental concerns that 


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1 bears on the proposed action or the impacts of the 

2 proposed action. 

3 ‘‘(c) ADOPTION OF DOCUMENTS.— 

4 ‘‘(1) AVOIDING DUPLICATION.—To prevent dupli5 cation of analyses and support expeditious and effi6 cient decisions, the operating administrations of the 

7 Department of Transportation shall use adoption and 

8 incorporation by reference in accordance with this 

9 paragraph. 

10 ‘‘(2) ADOPTION OF DOCUMENTS OF OTHER OPER11 ATING ADMINISTRATIONS.—An operating administra12 tion or a secretarial office within the Department of 

13 Transportation may adopt a draft environmental im14 pact statement, an environmental assessment, or a 

15 final environmental impact statement of another op16 erating administration for the adopting operating ad17 ministration’s use when preparing an environmental 

18 assessment or final environmental impact statement 

19 for a project without recirculating the document for 

20 public review, if— 

21 ‘‘(A) the adopting operating administration 

22 certifies that its proposed action is substantially 

23 the same as the project considered in the docu24 ment to be adopted; 


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1 ‘‘(B) the other operating administration 

2 concurs with such decision; and 

3 ‘‘(C) such actions are consistent with the re4 quirements of the National Environmental Pol5 icy Act of 1969 (42 U.S.C. 4321 et seq.). 

6 ‘‘(3) INCORPORATION BY REFERENCE.—An oper7 ating administration or secretarial office within the 

8 Department of Transportation may incorporate by 

9 reference all or portions of a draft environmental im10 pact statement, an environmental assessment, or a 

11 final environmental impact statement for the adopt12 ing operating administration’s use when preparing 

13 an environmental assessment or final environmental 

14 impact statement for a project if— 

15 ‘‘(A) the incorporated material is cited in 

16 the environmental assessment or final environ17 mental impact statement and the contents of the 

18 incorporated material is briefly described; 

19 ‘‘(B) the incorporated material is reason20 ably available for inspection by potentially in21 terested persons within the time allowed for re22 view and comment; and 

23 ‘‘(C) the incorporated material does not in24 clude proprietary data that is not available for 

25 review and comment.’’. 


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1 (b) CONFORMING AMENDMENT.—The analysis for 

2 chapter 3 of title 49, United States Code, is amended by 

3 inserting after the item relating to section 304 the following: 

‘‘304a. Accelerated decisionmaking in environmental reviews.’’. 

4 SEC. 1317. ALIGNING FEDERAL ENVIRONMENTAL REVIEWS. 

5 (a) IN GENERAL.—Title 49, United States Code, is 

6 amended by inserting after section 309 the following: 

7 ‘‘§ 310. Aligning Federal environmental reviews 

8 ‘‘(a) COORDINATED AND CONCURRENT ENVIRON9 MENTAL REVIEWS.—Not later than 1 year after the date 

10 of enactment of this section, the Department of Transpor11 tation, in coordination with the heads of Federal agencies 

12 likely to have substantive review or approval responsibil13 ities under Federal law, shall develop a coordinated and 

14 concurrent environmental review and permitting process 

15 for transportation projects when initiating an environ16 mental impact statement under the National Environ17 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.; in this 

18 section referred to as ‘NEPA’). 

19 ‘‘(b) CONTENTS.—The coordinated and concurrent en20 vironmental review and permitting process shall— 

21 ‘‘(1) ensure that the Department and agencies of 

22 jurisdiction possess sufficient information early in the 

23 review process to determine a statement of a transpor24 tation project’s purpose and need and range of alter25 natives for analysis that the lead agency and agencies 


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1 of jurisdiction will rely on for concurrent environ2 mental reviews and permitting decisions required for 

3 the proposed project; 

4 ‘‘(2) achieve early concurrence or issue resolution 

5 during the NEPA scoping process on the Department 

6 of Transportation’s statement of a project’s purpose 

7 and need, and during development of the environ8 mental impact statement on the range of alternatives 

9 for analysis, that the lead agency and agencies of ju10 risdiction will rely on for concurrent environmental 

11 reviews and permitting decisions required for the pro12 posed project absent circumstances that require recon13 sideration in order to meet an agency of jurisdiction’s 

14 obligations under a statute or Executive order; and 

15 ‘‘(3) achieve concurrence or issue resolution in 

16 an expedited manner if circumstances arise that re17 quire a reconsideration of the purpose and need or 

18 range of alternatives considered during any Federal 

19 agency’s environmental or permitting review in order 

20 to meet an agency of jurisdiction’s obligations under 

21 a statute or Executive order. 

22 ‘‘(c) ENVIRONMENTAL CHECKLIST.— 

23 ‘‘(1) IN GENERAL.—Not later than 90 days after 

24 the date of enactment of this section, the Secretary of 

25 Transportation and Federal agencies of jurisdiction 


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1 likely to have substantive review or approval respon2 sibilities on transportation projects shall jointly de3 velop a checklist to help project sponsors identify po4 tential natural, cultural, and historic resources in the 

5 area of a proposed project. 

6 ‘‘(2) PURPOSE.—The purpose of the checklist 

7 shall be to— 

8 ‘‘(A) identify agencies of jurisdiction and 

9 cooperating agencies; 

10 ‘‘(B) develop the information needed for the 

11 purpose and need and alternatives for analysis; 

12 and 

13 ‘‘(C) improve interagency collaboration to 

14 help expedite the permitting process for the lead 

15 agency and agencies of jurisdiction. 

16 ‘‘(d) INTERAGENCY COLLABORATION.— 

17 ‘‘(1) IN GENERAL.—Consistent with Federal en18 vironmental statutes, the Secretary shall facilitate an19 nual interagency collaboration sessions at the appro20 priate jurisdictional level to coordinate business plans 

21 and facilitate coordination of workload planning and 

22 workforce management. 

23 ‘‘(2) PURPOSE OF COLLABORATION SESSIONS.— 

24 The interagency collaboration sessions shall ensure 

25 that agency staff is— 


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1 ‘‘(A) fully engaged; 

2 ‘‘(B) utilizing the flexibility of existing reg3 ulations, policies, and guidance; and 

4 ‘‘(C) identifying additional actions to fa5 cilitate high quality, efficient, and targeted envi6 ronmental reviews and permitting decisions. 

7 ‘‘(3) FOCUS OF COLLABORATION SESSIONS.—The 

8 interagency collaboration sessions, and the inter9 agency collaborations generated by the sessions, shall 

10 focus on methods to— 

11 ‘‘(A) work with State and local transpor12 tation entities to improve project planning, 

13 siting, and application quality; and 

14 ‘‘(B) consult and coordinate with relevant 

15 stakeholders and Federal, tribal, State, and local 

16 representatives early in permitting processes. 

17 ‘‘(e) PERFORMANCE MEASUREMENT.—Not later than 

18 1 year after the date of enactment of this section, the Sec19 retary, in coordination with relevant Federal agencies, shall 

20 establish a program to measure and report on progress to21 wards aligning Federal reviews as outlined in this sec22 tion.’’. 

23 (b) CONFORMING AMENDMENT.—The analysis for 

24 chapter 3 of title 49, United States Code, is amended by 

25 inserting after the item relating to section 309 the following: 

‘‘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 this title’’ after ‘‘facility’’; 

19 (2) in paragraph (3)(A)— 

20 (A) by striking ‘‘shall use’’ and inserting 

21 ‘‘shall ensure that’’; and 

22 (B) by inserting ‘‘are used’’ after ‘‘toll facil23 ity’’ 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, United 

5 States Code, is amended— 

6 (1) in subsection (a)(1)— 

7 (A) by striking the paragraph heading and 

8 inserting ‘‘AUTHORITY OF PUBLIC AUTHORI9 TIES’’; 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 it 

14 appears and inserting ‘‘public authority’’; 

15 (B) in paragraph (3)— 

16 (i) by striking ‘‘and’’ at the end of sub17 paragraph (A); 

18 (ii) by striking the period at the end of 

19 subparagraph (B) and inserting ‘‘; and’’; 

20 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 buses.’’; 

25 and 


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1 (C) in paragraph (5)— 

2 (i) in subparagraph (A) by striking 

3 ‘‘2017’’ and inserting ‘‘2021’’; and 

4 (ii) in subparagraph (B) by striking 

5 ‘‘2017’’ and inserting ‘‘2021’’; 

6 (3) in subsection (c)— 

7 (A) by amending paragraph (1) to read as 

8 follows: 

9 ‘‘(1) IN GENERAL.—Notwithstanding section 301, 

10 tolls may be charged under paragraphs (4) and (5) 

11 of subsection (b), subject to the requirements of section 

12 129.’’; 

13 (B) by striking paragraph (2) and redesig14 nating paragraph (3) as paragraph (2); and 

15 (C) by inserting after paragraph (2), as re16 designated, the following: 

17 ‘‘(3) EXEMPTION FROM TOLLS.—In levying tolls 

18 on a facility under this section, a public authority 

19 may designate classes of vehicles that are exempt from 

20 the tolls or charge different toll rates for different 

21 classes of vehicles, if equal rates are charged for all 

22 public transportation vehicles and over-the-road buses, 

23 whether publicly or privately owned.’’; 

24 (4) in subsection (d)— 


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1 (A) by striking ‘‘State agency’’ each place it 

2 appears and inserting ‘‘public authority’’; 

3 (B) in paragraph (1)— 

4 (i) by redesignating subparagraphs (D) 

5 and (E) as subparagraphs (E) and (F), re6 spectively; and 

7 (ii) by inserting after subparagraph 

8 (C) the following: 

9 ‘‘(D) CONSULTATION OF MPO.—If the facil10 ity is on the Interstate System and located in a 

11 metropolitan planning area established in ac12 cordance with section 134, consulting with the 

13 metropolitan planning organization for the area 

14 concerning the placement and amount of tolls on 

15 the facility.’’; and 

16 (iii) in subparagraph (F), as redesig17 nated— 

18 (I) by striking ‘‘State’’ the first 

19 place it appears and inserting ‘‘public 

20 authority’’; and 

21 (II) by striking ‘‘subparagraph 

22 (D)’’ and inserting ‘‘subparagraph 

23 (E)’’; and 

24 (5) in subsection (f)— 


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1 (A) in paragraph (4)(B)(iii) by striking 

2 ‘‘State agency’’ and inserting ‘‘public authority’’; 

3 and 

4 (B) by striking paragraph (5) and inserting 

5 after paragraph (4) the following: 

6 ‘‘(5) OVER-THE-ROAD BUS.—The term ‘over-the7 road bus’ means a vehicle as defined in section 301(5) 

8 of the Americans with Disabilities Act of 1990 (42 

9 U.S.C. 12181(5)). 

10 ‘‘(6) PUBLIC AUTHORITY.—The term ‘public au11 thority’ as used with respect to a HOV facility, means 

12 a State, interstate compact of States, public entity 

13 designated by a State, or local government having ju14 risdiction over the operation of the facility.’’. 

15 (c) INTERSTATE SYSTEM RECONSTRUCTION AND RE16 HABILITATION PILOT PROGRAM.—Section 1216(b) of the 

17 Transportation Equity Act for the 21st Century (Public 

18 Law 105–178) is amended— 

19 (1) in paragraph (4)— 

20 (A) in subparagraph (D) by striking ‘‘and’’ 

21 at the end; 

22 (B) in subparagraph (E) by striking the pe23 riod and inserting ‘‘; and’’; and 

24 (C) by adding at the end the following: 


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1 ‘‘(F) the State has approved enabling legis2 lation required for the project to proceed.’’; 

3 (2) by redesignating paragraphs (6) through (8) 

4 as paragraphs (8) through (10), respectively; and 

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

7 ‘‘(6) REQUIREMENTS FOR PROJECT COMPLE8 TION.— 

9 ‘‘(A) GENERAL TERM FOR EXPIRATION OF

10 PROVISIONAL APPLICATION.—An application 

11 provisionally approved by the Secretary under 

12 this subsection shall expire 3 years after the date 

13 on which the application was provisionally ap14 proved if the State has not— 

15 ‘‘(i) submitted a complete application 

16 to the Secretary that fully satisfies the eligi17 bility criteria under paragraph (3) and the 

18 selection criteria under paragraph (4); 

19 ‘‘(ii) completed the environmental re20 view and permitting process under the Na21 tional Environmental Policy Act of 1969 

22 (42 U.S.C. 4321 et seq.) for the pilot project; 

23 and 

24 ‘‘(iii) executed a toll agreement with 

25 the Secretary. 


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1 ‘‘(B) EXCEPTIONS TO EXPIRATION.—Not2 withstanding subparagraph (A), the Secretary 

3 may extend the provisional approval for not 

4 more than 1 additional year if the State dem5 onstrates material progress toward implementa6 tion of the project as evidenced by— 

7 ‘‘(i) substantial progress in completing 

8 the environmental review and permitting 

9 process for the pilot project under the Na10 tional Environmental Policy Act of 1969; 

11 ‘‘(ii) funding and financing commit12 ments for the pilot project; 

13 ‘‘(iii) expressions of support for the 

14 pilot project from State and local govern15 ments, community interests, and the public; 

16 and 

17 ‘‘(iv) submission of a facility manage18 ment plan pursuant to paragraph (3)(D). 

19 ‘‘(C) CONDITIONS FOR PREVIOUSLY PROVI20 SIONALLY APPROVED APPLICATIONS.—A State 

21 with a provisionally approved application for a 

22 pilot project as of the date of enactment of the 

23 Surface Transportation Reauthorization and Re24 form Act of 2015 shall have 1 year after such 

25 date of enactment to meet the requirements of 


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1 subparagraph (A) or receive an extension from 

2 the Secretary under subparagraph (B), or the 

3 application will expire. 

4 ‘‘(7) DEFINITION.—In this subsection, the term 

5 ‘provisional approval’ or ‘provisionally approved’ 

6 means the approval by the Secretary of a partial ap7 plication under this subsection, including the reserva8 tion of a slot in the pilot program.’’. 

9 (d) APPROVAL OF APPLICATIONS.—The Secretary may 

10 approve an application submitted under section 1604(c) of 

11 SAFETEA–LU (Public Law 109–59; 119 Stat. 1253) if the 

12 application, or any part of the application, was submitted 

13 before the deadline specified in section 1604(c)(8) of that 

14 Act. 

15 SEC. 1402. PROHIBITION ON THE USE OF FUNDS FOR AUTO16 MATED TRAFFIC ENFORCEMENT. 

17 (a) PROHIBITION.—Except as provided in subsection 

18 (b), for fiscal years 2016 through 2021, funds apportioned 

19 to a State under section 104(b)(3) of title 23, United States 

20 Code, may not be used to purchase, operate, or maintain 

21 an automated traffic enforcement system. 

22 (b) EXCEPTION.—Subsection (a) does not apply to an 

23 automated traffic enforcement system located in a school 

24 zone. 


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1 (c) AUTOMATED TRAFFIC ENFORCEMENT SYSTEM DE2 FINED.—In this section, the term ‘‘automated traffic en3 forcement system’’ means any camera that captures an 

4 image of a vehicle for the purposes of traffic law enforce5 ment. 

6 SEC. 1403. MINIMUM PENALTIES FOR REPEAT OFFENDERS 

7 FOR DRIVING WHILE INTOXICATED OR DRIV8 ING UNDER THE INFLUENCE. 

9 (a) IN GENERAL.—Section 164(a)(4) of title 23, 

10 United States Code, is amended— 

11 (1) in the matter preceding subparagraph (A) by 

12 inserting ‘‘, or a combination of State laws,’’ after ‘‘a 

13 State law’’; and 

14 (2) by striking subparagraph (A) and inserting 

15 the following: 

16 ‘‘(A) receive, for not less than 1 year— 

17 ‘‘(i) a suspension of all driving privi18 leges; 

19 ‘‘(ii) a restriction on driving privileges 

20 that limits the individual to operating only 

21 motor vehicles with an ignition interlock 

22 system installed (allowing for limited excep23 tions for circumstances when the individual 

24 is required to operate an employer’s motor 

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1 ment and the business entity that owns the 

2 vehicle is not owned or controlled by the in3 dividual); or 

4 ‘‘(iii) a combination of both clauses (i) 

5 and (ii);’’. 

6 (b) APPLICATION.—The amendments made by this sec7 tion shall apply with respect to fiscal years beginning after 

8 the date of enactment of this Act. 

9 SEC. 1404. HIGHWAY TRUST FUND TRANSPARENCY AND AC10 COUNTABILITY. 

11 (a) IN GENERAL.—Section 104 of title 23, United 

12 States Code, is amended by striking subsection (g) and in13 serting the following: 

14 ‘‘(g) HIGHWAY TRUST FUND TRANSPARENCY AND AC15 COUNTABILITY REPORTS.— 

16 ‘‘(1) COMPILATION OF DATA.—The Secretary 

17 shall compile data in accordance with this subsection 

18 on the use of Federal-aid highway funds made avail19 able under this title. 

20 ‘‘(2) REQUIREMENTS.—The Secretary shall en21 sure that the reports required under this subsection 

22 are made available in a user-friendly manner on the 

23 public Internet Web site of the Department and can 

24 be searched and downloaded by users of the Web site. 

25 ‘‘(3) CONTENTS OF REPORTS.— 


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1 ‘‘(A) APPORTIONED AND ALLOCATED PRO2 GRAMS.—On a semiannual basis, the Secretary 

3 shall make available a report on funding appor4 tioned and allocated to the States under this title 

5 that describes— 

6 ‘‘(i) the amount of funding obligated 

7 by each State, year-to-date, for the current 

8 fiscal year; 

9 ‘‘(ii) the amount of funds remaining 

10 available for obligation by each State; 

11 ‘‘(iii) changes in the obligated, unex12 pended balance for each State, year-to-date, 

13 during the current fiscal year, including the 

14 obligated, unexpended balance at the end of 

15 the preceding fiscal year and current fiscal 

16 year expenditures; 

17 ‘‘(iv) the amount and program cat18 egory of unobligated funding, year-to-date, 

19 available for expenditure at the discretion of 

20 the Secretary; 

21 ‘‘(v) the rates of obligation on and off 

22 the National Highway System, year-to-date, 

23 for the current fiscal year of funds appor24 tioned, allocated, or set aside under this sec25 tion, according to— 


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1 ‘‘(I) program; 

2 ‘‘(II) funding category or sub3 category; 

4 ‘‘(III) type of improvement; 

5 ‘‘(IV) State; and 

6 ‘‘(V) sub-State geographical area, 

7 including urbanized and rural areas, 

8 on the basis of the population of each 

9 such area; and 

10 ‘‘(vi) the amount of funds transferred 

11 by each State, year-to-date, for the current 

12 fiscal year between programs under section 

13 126. 

14 ‘‘(B) PROJECT DATA.—On an annual basis, 

15 the Secretary shall make available a report that, 

16 to the maximum extent possible, provides project17 specific data describing— 

18 ‘‘(i) for all projects funded under this 

19 title (excluding projects for which funds are 

20 transferred to agencies other than the Fed21 eral Highway Administration)— 

22 ‘‘(I) the specific location of the 

23 project; 

24 ‘‘(II) the total cost of the project; 


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1 ‘‘(III) the amount of Federal 

2 funding obligated for the project; 

3 ‘‘(IV) the program or programs 

4 from which Federal funds have been 

5 obligated for the project; 

6 ‘‘(V) the type of improvement 

7 being made; and 

8 ‘‘(VI) the ownership of the high9 way or bridge; and 

10 ‘‘(ii) for any project funded under this 

11 title (excluding projects for which funds are 

12 transferred to agencies other than the Fed13 eral Highway Administration) with an esti14 mated total cost as of the start of construc15 tion in excess of $100,000,000, the data 

16 specified under clause (i) and additional 

17 data describing— 

18 ‘‘(I) whether the project is located 

19 in an area of the State with a popu20 lation of— 

21 ‘‘(aa) less than 5,000 indi22 viduals; 

23 ‘‘(bb) 5,000 or more individ24 uals but less than 50,000 individ25 uals; 


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1 ‘‘(cc) 50,000 or more individ2 uals but less than 200,000 indi3 viduals; or 

4 ‘‘(dd) 200,000 or more indi5 viduals; 

6 ‘‘(II) the estimated cost of the 

7 project as of the start of project con8 struction, or the revised cost estimate 

9 based on a description of revisions to 

10 the scope of work or other factors af11 fecting project cost other than cost 

12 overruns; and 

13 ‘‘(III) the amount of non-Federal 

14 funds obligated for the project.’’. 

15 (b) CONFORMING AMENDMENT.—Section 1503 of 

16 MAP–21 (23 U.S.C. 104 note; Public Law 112–141) is 

17 amended by striking subsection (c). 

18 SEC. 1405. HIGH PRIORITY CORRIDORS ON NATIONAL HIGH19 WAY SYSTEM. 

20 (a) IDENTIFICATION OF HIGH PRIORITY CORRIDORS

21 ON NATIONAL HIGHWAY SYSTEM.—Section 1105(c) of the 

22 Intermodal Surface Transportation Efficiency Act of 1991 

23 is amended— 

24 (1) by striking paragraph (13) and inserting the 

25 following: 


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1 ‘‘(13) Raleigh-Norfolk Corridor from Raleigh, 

2 North Carolina, through Rocky Mount, Williamston, 

3 and Elizabeth City, North Carolina, to Norfolk, Vir4 ginia.’’; 

5 (2) in paragraph (18)(D)— 

6 (A) in clause (ii) by striking ‘‘and’’ at the 

7 end; 

8 (B) in clause (iii) by striking the period at 

9 the end and inserting ‘‘; and’’; and 

10 (C) by adding at the end the following: 

11 ‘‘(iv) include Texas State Highway 44 

12 from United States Route 59 at Freer, 

13 Texas, to Texas State Highway 358.’’; 

14 (3) by striking paragraph (68) and inserting the 

15 following: 

16 ‘‘(68) The Washoe County Corridor and the 

17 Intermountain West Corridor, which shall generally 

18 follow— 

19 ‘‘(A) for the Washoe County Corridor, along 

20 Interstate Route 580/United States Route 95/ 

21 United States Route 95A from Reno, Nevada, to 

22 Las Vegas, Nevada; and 

23 ‘‘(B) for the Intermountain West Corridor, 

24 from the vicinity of Las Vegas, Nevada, north 


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1 along United States Route 95 terminating at 

2 Interstate Route 80.’’; and 

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

4 ‘‘(81) United States Route 117/Interstate Route 

5 795 from United States Route 70 in Goldsboro, 

6 Wayne County, North Carolina, to Interstate Route 

7 40 west of Faison, Sampson County, North Carolina. 

8 ‘‘(82) United States Route 70 from its intersec9 tion with Interstate Route 40 in Garner, Wake Coun10 ty, North Carolina, to the Port at Morehead City, 

11 Carteret County, North Carolina. 

12 ‘‘(83) The Sonoran Corridor along State Route 

13 410 connecting Interstate Route 19 and Interstate 

14 Route 10 south of the Tucson International Airport. 

15 ‘‘(84) The Central Texas Corridor commencing 

16 at the logical terminus of Interstate Route 10, gen17 erally following portions of United States Route 190 

18 eastward, passing in the vicinity Fort Hood, Killeen, 

19 Belton, Temple, Bryan, College Station, Huntsville, 

20 Livingston, and Woodville, to the logical terminus of 

21 Texas Highway 63 at the Sabine River Bridge at 

22 Burrs Crossing. 

23 ‘‘(85) Interstate Route 81 in New York from its 

24 intersection with Interstate Route 86 to the United 

25 States-Canadian border.’’. 


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1 (b) INCLUSION OF CERTAIN ROUTE SEGMENTS ON

2 INTERSTATE SYSTEM.—Section 1105(e)(5)(A) of the Inter3 modal Surface Transportation Efficiency Act of 1991 is 

4 amended— 

5 (1) by inserting ‘‘subsection (c)(13),’’ after ‘‘sub6 section (c)(9),’’; 

7 (2) by striking ‘‘subsections (c)(18)’’ and all that 

8 follows through ‘‘subsection (c)(36)’’ and inserting 

9 ‘‘subsection (c)(18), subsection (c)(20), subparagraphs 

10 (A) and (B)(i) of subsection (c)(26), subsection 

11 (c)(36)’’; and 

12 (3) by striking ‘‘and subsection (c)(57)’’ and in13 serting ‘‘subsection (c)(57), subsection (c)(68)(B), sub14 section (c)(81), subsection (c)(82), and subsection 

15 (c)(83)’’. 

16 (c) DESIGNATION.—Section 1105(e)(5)(C)(i) of the 

17 Intermodal Surface Transportation Efficiency Act of 1991 

18 is amended by striking the final sentence and inserting the 

19 following: ‘‘The routes referred to in subparagraphs (A) and 

20 (B)(i) of subsection (c)(26) and in subsection (c)(68)(B) are 

21 designated as Interstate Route I–11.’’. 

22 (d) FUTURE INTERSTATE DESIGNATION.—Section 

23 119(a) of the SAFETEA–LU Technical Corrections Act of 

24 2008 is amended by striking ‘‘and, as a future Interstate 

25 Route 66 Spur, the Natcher Parkway in Owensboro, KenVerDate Sep 11 2014 20:27 Oct 29, 2015 Jkt 059200 PO 00000 Frm 00194 Fmt 6652 Sfmt 6203 E:\BILLS\H3763.RH H3763

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1 tucky’’ and inserting ‘‘between Henderson, Kentucky, and 

2 Owensboro, Kentucky, and, as a future Interstate Route 65 

3 and 66 Spur, the William H. Natcher Parkway between 

4 Bowling Green, Kentucky, and Owensboro, Kentucky’’. 

5 SEC. 1406. FLEXIBILITY FOR PROJECTS. 

6 (a) AUTHORITY.—With respect to projects eligible for 

7 funding under title 23, United States Code, subject to sub8 section (b) and on request by a State, the Secretary may— 

9 (1) exercise all existing flexibilities under and 

10 exceptions to— 

11 (A) the requirements of title 23, United 

12 States Code; and 

13 (B) other requirements administered by the 

14 Secretary, in whole or part; and 

15 (2) otherwise provide additional flexibility or ex16 pedited processing with respect to the requirements 

17 described in paragraph (1). 

18 (b) MAINTAINING PROTECTIONS.—Nothing in this sec19 tion— 

20 (1) waives the requirements of section 113 or 138 

21 of title 23, United States Code; 

22 (2) supersedes, amends, or modifies— 

23 (A) the National Environmental Policy Act 

24 of 1969 (42 U.S.C. 4321 et seq.) or any other 

25 Federal environmental law; or 


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1 (B) any requirement of title 23 or title 49, 

2 United States Code; or 

3 (3) affects the responsibility of any Federal offi4 cer to comply with or enforce any law or requirement 

5 described in this subsection. 

6 SEC. 1407. PRODUCTIVE AND TIMELY EXPENDITURE OF 

7 FUNDS. 

8 (a) IN GENERAL.—Not later than 1 year after the date 

9 of enactment of this Act, the Secretary shall develop guid10 ance that encourages the use of programmatic approaches 

11 to project delivery, expedited and prudent procurement 

12 techniques, and other best practices to facilitate productive, 

13 effective, and timely expenditure of funds for projects eligi14 ble for funding under title 23, United States Code. 

15 (b) IMPLEMENTATION.—The Secretary shall work with 

16 States to ensure that any guidance developed under sub17 section (a) is consistently implemented by States and the 

18 Federal Highway Administration to— 

19 (1) avoid unnecessary delays in completing 

20 projects; 

21 (2) minimize cost overruns; and 

22 (3) ensure the effective use of Federal funding. 

23 SEC. 1408. CONSOLIDATION OF PROGRAMS. 

24 Section 1519(a) of MAP–21 (126 Stat. 574) is amend25 ed by striking ‘‘From administrative funds’’ and all that 


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1 follows through ‘‘shall be made available’’ and inserting 

2 ‘‘For each of fiscal years 2016 through 2021, before making 

3 an apportionment under section 104(b)(3) of title 23, 

4 United States Code, the Secretary shall set aside, from 

5 amounts made available to carry out the highway safety 

6 improvement program under section 148 of such title for 

7 the fiscal year, $3,500,000’’. 

8 SEC. 1409. FEDERAL SHARE PAYABLE. 

9 (a) INNOVATIVE PROJECT DELIVERY METHODS.—Sec10 tion 120(c)(3)(A)(ii) of title 23, United States Code, is 

11 amended by inserting ‘‘engineering or design approaches,’’ 

12 after ‘‘technologies,’’. 

13 (b) EMERGENCY RELIEF.—Section 120(e)(2) of title 

14 23, United States Code, is amended by striking ‘‘Federal 

15 land access transportation facilities,’’ and inserting ‘‘other 

16 federally owned roads that are open to public travel,’’. 

17 SEC. 1410. ELIMINATION OR MODIFICATION OF CERTAIN 

18 REPORTING REQUIREMENTS. 

19 (a) FUNDAMENTAL PROPERTIES OF ASPHALTS RE20 PORT.—Section 6016(e) of the Intermodal Surface Trans21 portation Efficiency Act of 1991 (105 Stat. 2183) is re22 pealed. 

23 (b) EXPRESS LANES DEMONSTRATION PROGRAM RE24 PORTS.—Section 1604(b)(7)(B) of SAFETEA–LU (23 

25 U.S.C. 129 note) is repealed. 


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1 SEC. 1411. TECHNICAL CORRECTIONS. 

2 (a) TITLE 23.—Title 23, United States Code, is 

3 amended as follows: 

4 (1) Section 150(c)(3)(B) is amended by striking 

5 the semicolon at the end and inserting a period. 

6 (2) Section 154(c) is amended— 

7 (A) in paragraph (3)(A) by striking ‘‘trans8 ferred’’ and inserting ‘‘reserved’’; and 

9 (B) in paragraph (5)— 

10 (i) in the matter preceding subpara11 graph (A) by inserting ‘‘or released’’ after 

12 ‘‘transferred’’; and 

13 (ii) in subparagraph (A) by striking 

14 ‘‘under section 104(b)(l)’’ and inserting 

15 ‘‘under section 104(b)(1)’’. 

16 (3) Section 164(b) is amended— 

17 (A) in paragraph (3)(A) by striking ‘‘trans18 ferred’’ and inserting ‘‘reserved’’; and 

19 (B) in paragraph (5) by inserting ‘‘or re20 leased’’ after ‘‘transferred’’. 

21 (b) MAP–21.—Effective as of July 6, 2012, and as if 

22 included therein as enacted, MAP–21 (Public Law 112– 

23 141) is amended as follows: 

24 (1) Section 1109(a)(2) (126 Stat. 444) is amend25 ed by striking ‘‘fourth’’ and inserting ‘‘fifth’’. 

26 (2) Section 1203 (126 Stat. 524) is amended— 


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1 (A) in subsection (a) by striking ‘‘Section 

2 150 of title 23, United States Code, is amended 

3 to read as follows’’ and inserting ‘‘Title 23, 

4 United States Code, is amended by inserting 

5 after section 149 the following’’; and 

6 (B) in subsection (b) by striking ‘‘by strik7 ing the item relating to section 150 and insert8 ing’’ and inserting ‘‘by inserting after the item 

9 relating to section 149’’. 

10 (3) Section 1313(a)(1) (126 Stat. 545) is amend11 ed to read as follows: 

12 ‘‘(1) in the section heading by striking ‘pilot’; 

13 and’’. 

14 (4) Section 1314(b) (126 Stat. 549) is amend15 ed— 

16 (A) by inserting ‘‘chapter 3 of’’ after ‘‘anal17 ysis for’’; and 

18 (B) by inserting a period at the end of the 

19 matter proposed to be inserted. 

20 (5) Section 1519(c) (126 Stat. 575) is amend21 ed— 

22 (A) by striking paragraph (3); 

23 (B) by redesignating paragraphs (4) 

24 through (12) as paragraphs (3) through (11), re25 spectively; 


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1 (C) in paragraph (7), as redesignated by 

2 subparagraph (B) of this paragraph— 

3 (i) by striking the period at the end of 

4 the matter proposed to be struck; and 

5 (ii) by adding a period at the end; and 

6 (D) in paragraph (8)(A)(i)(I), as redesig7 nated by subparagraph (B) of this paragraph, by 

8 striking ‘‘than rail’’ in the matter proposed to be 

9 struck and inserting ‘‘than on rail’’. 

10 (6) Section 1528 is amended— 

11 (A) in subsection (b) by inserting ‘‘(or a 

12 lower percentage if so requested by a State with 

13 respect to a project)’’ after ‘‘100 percent’’; and 

14 (B) in subsection (c) by inserting ‘‘(or a 

15 lower percentage if so requested by a State with 

16 respect to a project)’’ after ‘‘100 percent’’. 

17 SEC. 1412. SAFETY FOR USERS. 

18 (a) IN GENERAL.—The Secretary shall encourage each 

19 State and metropolitan planning organization to adopt 

20 standards for the design of Federal surface transportation 

21 projects that provide for the safe and adequate accommoda22 tion (as determined by the State) in all phases of project 

23 planning, development, and operation, of all users of the 

24 surface transportation network, including motorized and 

25 nonmotorized users. 


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1 (b) REPORT.—Not later than 2 years after the date 

2 of enactment of this section, the Secretary shall make avail3 able to the public a report cataloging examples of State law 

4 or State transportation policy that provides for the safe and 

5 adequate accommodation, in all phases of project planning, 

6 development, and operation of all users of the surface trans7 portation network. 

8 (c) BEST PRACTICES.—Based on the report required 

9 under subsection (b), the Secretary shall identify and dis10 seminate examples of best practices where States have 

11 adopted measures that have successfully provided for the 

12 safe and adequate accommodation of all users of the trans13 portation network in all phases of project development and 

14 operation. 

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 (D) 

10 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, a 

23 State may allow a local jurisdiction to use a roadway de24 sign publication that is different from the roadway design 

25 publication used by the State in which the local jurisdiction 


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1 is located for the design of a project on a roadway under 

2 the ownership of the local jurisdiction (other than a high3 way 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; and 

10 (3) the design complies with all other applicable 

11 Federal laws. 

12 SEC. 1414. RESERVE FUND. 

13 (a) LIMITATION.— 

14 (1) IN GENERAL.—Notwithstanding funding, au15 thorizations of appropriations, and contract authority 

16 described in sections 1101, 1102, 3017, 4001, 5101, 

17 and 6002 of this Act, including the amendments made 

18 by such sections, sections 125 and 147 of title 23, 

19 United States Code, and section 5338(a) of title 49, 

20 United States Code, no funding, authorization of ap21 propriations, and contract authority described in 

22 those sections for fiscal years 2019 through 2021 shall 

23 exist unless and only to the extent that a subsequent 

24 Act of Congress causes additional monies to be depos25 ited in the Highway Trust Fund. 


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1 (2) ADMINISTRATIVE EXPENSES.—The limitation 

2 on funds provided in paragraph (1) shall not apply 

3 to— 

4 (A) administrative expenses of the Federal 

5 Highway Administration under sections 104(a) 

6 and 608(a)(6) of title 23, United States Code; 

7 (B) administrative expenses of the National 

8 Highway Traffic Safety Administration under 

9 section 4001(a)(6) of this Act; 

10 (C) administrative expenses of the Federal 

11 Motor Carrier Safety Administration under sec12 tion 5103 of this Act; and 

13 (D) administrative expenses of the Federal 

14 Transit Administration under section 5338(h) of 

15 title 49, United States Code. 

16 (b) ADJUSTMENTS TO CONTRACT AUTHORITY.— 

17 (1) IN GENERAL.—Chapter 1 of title 23, United 

18 States Code, is amended by inserting after section 104 

19 the following: 

20 ‘‘§ 105. Adjustments to contract authority 

21 ‘‘(a) CALCULATION.— 

22 ‘‘(1) IN GENERAL.—The President shall include 

23 in each of the fiscal year 2017 through 2021 budget 

24 submissions to Congress under section 1105(a) of title 

25 31, for each of the Highway Account and the Mass 


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1 Transit Account, a calculation of the difference be2 tween— 

3 ‘‘(A) the actual level of monies deposited in 

4 that account for the most recently completed fis5 cal year; and 

6 ‘‘(B) the estimated level of receipts for that 

7 account for the most recently completed fiscal 

8 year, as specified in paragraph (2). 

9 ‘‘(2) ESTIMATE.—The estimated level of receipts 

10 specified in this paragraph are— 

11 ‘‘(A) for the Highway Account— 

12 ‘‘(i) for fiscal year 2015, 

13 $35,067,000,000; 

14 ‘‘(ii) for fiscal year 2016, 

15 $35,498,000,000; 

16 ‘‘(iii) for fiscal year 2017, 

17 $35,879,000,000; 

18 ‘‘(iv) for fiscal year 2018, 

19 $36,084,000,000; and 

20 ‘‘(v) for fiscal year 2019, 

21 $36,117,000,000; and 

22 ‘‘(B) for the Mass Transit Account— 

23 ‘‘(i) for fiscal year 2015, 

24 $4,994,000,000; 


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1 ‘‘(ii) for fiscal year 2016, 

2 $5,020,000,000; 

3 ‘‘(iii) for fiscal year 2017, 

4 $5,024,000,000; 

5 ‘‘(iv) for fiscal year 2018, 

6 $5,011,000,000; and 

7 ‘‘(v) for fiscal year 2019, 

8 $4,981,000,000. 

9 ‘‘(b) ADJUSTMENTS TO CONTRACT AUTHORITY.— 

10 ‘‘(1) ADDITIONAL AMOUNTS.—If the difference 

11 determined in a budget submission under subsection 

12 (a) for a fiscal year for the Highway Account or the 

13 Mass Transit Account is greater than zero, the Sec14 retary shall on October 1 of the budget year of that 

15 submission— 

16 ‘‘(A) make available for programs author17 ized from such account for the budget year a 

18 total amount equal to— 

19 ‘‘(i) the amount otherwise authorized 

20 to be appropriated for such programs for 

21 such budget year; plus 

22 ‘‘(ii) an amount equal to such dif23 ference; and 


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1 ‘‘(B) distribute the additional amount 

2 under subparagraph (A)(ii) to each of such pro3 grams in accordance with subsection (c). 

4 ‘‘(2) REDUCTION.—If the difference determined 

5 in a budget submission under subsection (a) for a fis6 cal year for the Highway Account or the Mass Tran7 sit Account is less than zero, the Secretary shall on 

8 October 1 of the budget year of that submission— 

9 ‘‘(A) make available for programs author10 ized from such account for the budget year a 

11 total amount equal to— 

12 ‘‘(i) the amount otherwise authorized 

13 to be appropriated for such programs for 

14 such budget year; minus 

15 ‘‘(ii) an amount equal to such dif16 ference; and 

17 ‘‘(B) apply the total adjustment under sub18 paragraph (A)(ii) to each of such programs in 

19 accordance with subsection (c). 

20 ‘‘(c) DISTRIBUTION OF ADJUSTMENT AMONG PRO21 GRAMS.— 

22 ‘‘(1) IN GENERAL.—In making an adjustment 

23 for the Highway Account or the Mass Transit Ac24 count for a budget year under subsection (b), the Sec25 retary shall— 


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1 ‘‘(A) determine the ratio that— 

2 ‘‘(i) the amount authorized to be ap3 propriated for a program from the account 

4 for the budget year; bears to 

5 ‘‘(ii) the total amount authorized to be 

6 appropriated for such budget year for all 

7 programs under such account; 

8 ‘‘(B) multiply the ratio determined under 

9 subparagraph (A) by the applicable difference 

10 calculated under subsection (a); and 

11 ‘‘(C) adjust the amount that the Secretary 

12 would otherwise have allocated for the program 

13 for such budget year by the amount calculated 

14 under subparagraph (B). 

15 ‘‘(2) FORMULA PROGRAMS.—For a program for 

16 which funds are distributed by formula, the Secretary 

17 shall add or subtract the adjustment to the amount 

18 authorized for the program but for this section and 

19 make available the adjusted program amount for such 

20 program in accordance with such formula. 

21 ‘‘(3) AVAILABILITY FOR OBLIGATION.—Adjusted 

22 amounts under this subsection shall be available for 

23 obligation and administered in the same manner as 

24 other amounts made available for the program for 

25 which the amount is adjusted. 


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1 ‘‘(d) EXCLUSION OF EMERGENCY RELIEF PROGRAM

2 AND COVERED ADMINISTRATIVE EXPENSES.—The Sec3 retary shall exclude the emergency relief program under sec4 tion 125 and covered administrative expenses from— 

5 ‘‘(1) an adjustment of funding under subsection 

6 (c)(1); and 

7 ‘‘(2) any calculation under subsection (b) or (c) 

8 related to such an adjustment. 

9 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated from the appropriate account 

11 or accounts of the Highway Trust Fund an amount equal 

12 to the amounts calculated under subsection (a) for each of 

13 fiscal years 2017 through 2021. 

14 ‘‘(f) REVISION TO OBLIGATION LIMITATIONS.— 

15 ‘‘(1) IN GENERAL.—If the Secretary makes an 

16 adjustment under subsection (b) for a fiscal year to 

17 an amount subject to a limitation on obligations im18 posed by section 1102 or 3017 of the Surface Trans19 portation Reauthorization and Reform Act of 2015— 

20 ‘‘(A) such limitation on obligations for such 

21 fiscal year shall be revised by an amount equal 

22 to such adjustment; and 

23 ‘‘(B) the Secretary shall distribute such lim24 itation on obligations, as revised under subpara25 graph (A), in accordance with such sections. 


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1 ‘‘(2) EXCLUSION OF COVERED ADMINISTRATIVE

2 EXPENSES.—The Secretary shall exclude covered ad3 ministrative expenses from— 

4 ‘‘(A) any calculation relating to a revision 

5 of a limitation on obligations under paragraph 

6 (1)(A); and 

7 ‘‘(B) any distribution of a revised limita8 tion on obligations under paragraph (1)(B). 

9 ‘‘(g) DEFINITIONS.—In this section, the following defi10 nitions apply: 

11 ‘‘(1) BUDGET YEAR.—The term ‘budget year’ 

12 means the fiscal year for which a budget submission 

13 referenced in subsection (a)(1) is submitted. 

14 ‘‘(2) COVERED ADMINISTRATIVE EXPENSES.—The 

15 term ‘covered administrative expenses’ means the ad16 ministrative expenses of— 

17 ‘‘(A) the Federal Highway Administration, 

18 as authorized under section 104(a); 

19 ‘‘(B) the National Highway Traffic Safety 

20 Administration, as authorized under section 

21 4001(a)(6) of the Surface Transportation Reau22 thorization and Reform Act of 2015; and 

23 ‘‘(C) the Federal Motor Carrier Safety Ad24 ministration, as authorized under section 31110 

25 of title 49. 


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1 ‘‘(3) HIGHWAY ACCOUNT.—The term ‘Highway 

2 Account’ means the portion of the Highway Trust 

3 Fund that is not the Mass Transit Account. 

4 ‘‘(4) MASS TRANSIT ACCOUNT.—The term ‘Mass 

5 Transit Account’ means the Mass Transit Account of 

6 the Highway Trust Fund established under section 

7 9503(e)(1) of the Internal Revenue Code of 1986.’’. 

8 (2) CLERICAL AMENDMENT.—The analysis for 

9 chapter 1 of title 23, United States Code, is amended 

10 by inserting after the item relating to section 104 the 

11 following: 

‘‘105. Adjustments to contract authority.’’. 

12 SEC. 1415. ADJUSTMENTS. 

13 (a) IN GENERAL.—On July 1, 2018, of the unobligated 

14 balances of funds apportioned among the States under 

15 chapter 1 of title 23, United States Code, a total of 

16 $6,000,000,000 is permanently rescinded. 

17 (b) EXCLUSIONS FROM RESCISSION.—The rescission 

18 under subsection (a) shall not apply to funds distributed 

19 in accordance with— 

20 (1) sections 104(b)(3) and 130(f) of title 23, 

21 United States Code; 

22 (2) sections 133(d)(1)(A) of such title; 

23 (3) the first sentence of section 133(d)(3)(A) of 

24 such title, as in effect on the day before the date of 

25 enactment of MAP–21 (Public Law 112–141); 


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1 (4) sections 133(d)(1) and 163 of such title, as 

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

3 SAFETEA–LU (Public Law 109–59); and 

4 (5) section 104(b)(5) of such title, as in effect on 

5 the day before the date of enactment of MAP–21 (Pub6 lic Law 112–141). 

7 (c) DISTRIBUTION AMONG STATES.—The amount to be 

8 rescinded under this section from a State shall be deter9 mined by multiplying the total amount of the rescission in 

10 subsection (a) by the ratio that— 

11 (1) the unobligated balances subject to the rescis12 sion as of September 30, 2017, for the State; bears to 

13 (2) the unobligated balances subject to the rescis14 sion as of September 30, 2017, for all States. 

15 (d) DISTRIBUTION WITHIN EACH STATE.—The 

16 amount to be rescinded under this section from each pro17 gram to which the rescission applies within a State shall 

18 be determined by multiplying the required rescission 

19 amount calculated under subsection (c) for such State by 

20 the ratio that— 

21 (1) the unobligated balance as of September 30, 

22 2017, for such program in such State; bears to 

23 (2) the unobligated balances as of September 30, 

24 2017, for all programs to which the rescission applies 

25 in such State. 


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1 SEC. 1416. NATIONAL ELECTRIC VEHICLE CHARGING, HY2 DROGEN, AND NATURAL GAS FUELING COR3 RIDORS. 

4 (a) IN GENERAL.—Chapter 1 of title 23, United States 

5 Code, is amended by inserting after section 150 the fol6 lowing: 

7 ‘‘§ 151. National electric vehicle charging, hydrogen, 

8 and natural gas fueling corridors 

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

10 date of enactment of the Surface Transportation Reauthor11 ization and Reform Act of 2015, the Secretary shall des12 ignate national electric vehicle charging, hydrogen, and 

13 natural gas fueling corridors that identify the near- and 

14 long-term need for, and location of, electric vehicle charging 

15 infrastructure, hydrogen infrastructure, and natural gas 

16 fueling infrastructure at strategic locations along major na17 tional highways to improve the mobility of passenger and 

18 commercial vehicles that employ electric, hydrogen fuel cell, 

19 and natural gas fueling technologies across the United 

20 States. 

21 ‘‘(b) DESIGNATION OF CORRIDORS.—In designating 

22 the corridors under subsection (a), the Secretary shall— 

23 ‘‘(1) solicit nominations from State and local of24 ficials for facilities to be included in the corridors; 

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1 ing corridors designated by a State or group of 

2 States; and 

3 ‘‘(3) consider the demand for, and location of, 

4 existing electric vehicle charging, hydrogen fueling 

5 stations, and natural gas fueling infrastructure. 

6 ‘‘(c) STAKEHOLDERS.—In designating corridors under 

7 subsection (a), the Secretary shall involve, on a voluntary 

8 basis, stakeholders that include— 

9 ‘‘(1) the heads of other Federal agencies; 

10 ‘‘(2) State and local officials; 

11 ‘‘(3) representatives of— 

12 ‘‘(A) energy utilities; 

13 ‘‘(B) the electric, fuel cell electric, and nat14 ural gas vehicle industries; 

15 ‘‘(C) the freight and shipping industry; 

16 ‘‘(D) clean technology firms; 

17 ‘‘(E) the hospitality industry; 

18 ‘‘(F) the restaurant industry; 

19 ‘‘(G) highway rest stop vendors; and 

20 ‘‘(H) industrial gas and hydrogen manufac21 turers; and 

22 ‘‘(4) such other stakeholders as the Secretary de23 termines to be necessary. 

24 ‘‘(d) REDESIGNATION.—Not later than 5 years after 

25 the date of establishment of the corridors under subsection 


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1 (a), and every 5 years thereafter, the Secretary shall update 

2 and redesignate the corridors. 

3 ‘‘(e) REPORT.—During designation and redesignation 

4 of the corridors under this section, the Secretary shall issue 

5 a report that— 

6 ‘‘(1) identifies electric vehicle charging, hydrogen 

7 infrastructure, and natural gas fueling infrastructure 

8 and standardization needs for electricity providers, 

9 industrial gas providers, natural gas providers, infra10 structure providers, vehicle manufacturers, electricity 

11 purchasers, and natural gas purchasers; and 

12 ‘‘(2) establishes an aspirational goal of achieving 

13 strategic deployment of electric vehicle charging, hy14 drogen infrastructure, and natural gas fueling infra15 structure in those corridors by the end of fiscal year 

16 2021.’’. 

17 (b) CONFORMING AMENDMENT.—The analysis for 

18 chapter 1 of title 23, United States Code, is amended by 

19 inserting after the item relating to section 150 the following: 

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

20 SEC. 1417. FERRIES. 

21 Section 147 of title 23, United States Code, is amended 

22 by adding at the end the following: 

23 ‘‘(h) REDISTRIBUTION OF UNOBLIGATED AMOUNTS.— 

24 The Secretary shall— 


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1 ‘‘(1) withdraw amounts allocated to eligible enti2 ties under this section that remain unobligated by the 

3 end of the third fiscal year following the fiscal year 

4 for which the amounts were allocated; and 

5 ‘‘(2) in the fiscal year beginning after a fiscal 

6 year in which a withdrawal is made under para7 graph (1), redistribute the funds withdrawn, in ac8 cordance with the formula specified under subsection 

9 (d), among eligible entities with respect to which no 

10 amounts were withdrawn under paragraph (1).’’. 

11 SEC. 1418. STUDY ON PERFORMANCE OF BRIDGES. 

12 (a) IN GENERAL.—Subject to subsection (c), the Ad13 ministrator of the Federal Highway Administration shall 

14 commission the Transportation Research Board of the Na15 tional Academy of Sciences to conduct a study on the per16 formance of bridges that are at least 15 years old and re17 ceived funding under the innovative bridge research and 

18 construction program (in this section referred to as the 

19 ‘‘program’’) under section 503(b) of title 23, United States 

20 Code (as in effect on the day before the date of enactment 

21 of SAFETEA–LU (Public Law 109–59) in meeting the 

22 goals of that program, which included— 

23 (1) the development of new, cost-effective innova24 tive material highway bridge applications; 


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1 (2) the reduction of maintenance costs and 

2 lifecycle costs of bridges, including the costs of new 

3 construction, replacement, or rehabilitation of defi4 cient bridges; 

5 (3) the development of construction techniques to 

6 increase safety and reduce construction time and traf7 fic congestion; 

8 (4) the development of engineering design cri9 teria for innovative products and materials for use in 

10 highway bridges and structures; 

11 (5) the development of cost-effective and innova12 tive techniques to separate vehicle and pedestrian 

13 traffic from railroad traffic; 

14 (6) the development of highway bridges and 

15 structures that will withstand natural disasters, in16 cluding alternative processes for the seismic retrofit of 

17 bridges; and 

18 (7) the development of new nondestructive bridge 

19 evaluation technologies and techniques. 

20 (b) CONTENTS.—The study commissioned under sub21 section (a) shall include— 

22 (1) an analysis of the performance of bridges 

23 that received funding under the program in meeting 

24 the goals described in paragraphs (1) through (7) of 

25 subsection (a); 


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1 (2) an analysis of the utility, compared to con2 ventional materials and technologies, of each of the 

3 innovative materials and technologies used in projects 

4 for bridges under the program in meeting the needs 

5 of the United States in 2015 and in the future for a 

6 sustainable and low lifecycle cost transportation sys7 tem; 

8 (3) recommendations to Congress on how the in9 stalled and lifecycle costs of bridges could be reduced 

10 through the use of innovative materials and tech11 nologies, including, as appropriate, any changes in 

12 the design and construction of bridges needed to 

13 maximize the cost reductions; and 

14 (4) a summary of any additional research that 

15 may be needed to further evaluate innovative ap16 proaches to reducing the installed and lifecycle costs 

17 of highway bridges. 

18 (c) PUBLIC COMMENT.—Before commissioning the 

19 study under subsection (a), the Administrator shall provide 

20 an opportunity for public comment on the study proposal. 

21 (d) DATA FROM STATES.—Each State that received 

22 funds under the program shall provide to the Transpor23 tation Research Board any relevant data needed to carry 

24 out the study commissioned under subsection (a). 


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1 (e) DEADLINE.—The Administrator shall submit to 

2 Congress a report on the results of the study commissioned 

3 under subsection (a) not later than 3 years after the date 

4 of enactment of this Act. 

5 SEC. 1419. RELINQUISHMENT OF PARK-AND-RIDE LOT FA6 CILITIES. 

7 A State transportation agency may relinquish park8 and-ride lot facilities or portions of park-and-ride lot facili9 ties to a local government agency for highway purposes if 

10 authorized to do so under State law if the agreement pro11 viding for the relinquishment provides that— 

12 (1) rights-of-way on the Interstate System will 

13 remain available for future highway improvements; 

14 and 

15 (2) modifications to the facilities that could im16 pair the highway or interfere with the free and safe 

17 flow of traffic are subject to the approval of the Sec18 retary. 

19 SEC. 1420. PILOT PROGRAM. 

20 (a) IN GENERAL.—The Secretary may establish a pilot 

21 program that allows a State to utilize innovative ap22 proaches to maintain the right-of-way of Federal-aid high23 ways within such State. 

24 (b) LIMITATION.—A pilot program established under 

25 subsection (a) shall— 


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1 (1) terminate after not more than 6 years; 

2 (2) include not more than 5 States; and 

3 (3) be subject to guidelines published by the Sec4 retary. 

5 (c) REPORT.—If the Secretary establishes a pilot pro6 gram under subsection (a), the Secretary shall, not more 

7 than 1 year after the completion of the pilot program, sub8 mit to the Committee on Transportation and Infrastructure 

9 of the House of Representatives and the Committee on Envi10 ronment and Public Works of the Senate a report on the 

11 results of the pilot program. 

12 SEC. 1421. INNOVATIVE PROJECT DELIVERY EXAMPLES. 

13 Section 120(c)(3)(B) of title 23, United States Code, 

14 is amended— 

15 (1) in clause (iv) by striking ‘‘or’’ at the end; 

16 (2) by redesignating clause (v) as clause (vi); 

17 and 

18 (3) by inserting after clause (iv) the following: 

19 ‘‘(v) innovative pavement materials 

20 that have a demonstrated life cycle of 75 or 

21 more years, are manufactured with reduced 

22 greenhouse gas emissions, and reduce con23 struction-related congestion by rapidly cur24 ing; or’’. 


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1 SEC. 1422. ADMINISTRATIVE PROVISIONS TO ENCOURAGE 

2 POLLINATOR HABITAT AND FORAGE ON 

3 TRANSPORTATION RIGHTS-OF-WAY. 

4 (a) IN GENERAL.—Section 319 of title 23, United 

5 States Code, is amended— 

6 (1) in subsection (a) by inserting ‘‘(including the 

7 enhancement of habitat and forage for pollinators)’’ 

8 before ‘‘adjacent’’; and 

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

10 ‘‘(c) ENCOURAGEMENT OF POLLINATOR HABITAT AND

11 FORAGE DEVELOPMENT AND PROTECTION ON TRANSPOR12 TATION RIGHTS-OF-WAY.—In carrying out any program 

13 administered by the Secretary under this title, the Secretary 

14 shall, in conjunction with willing States, as appropriate— 

15 ‘‘(1) encourage integrated vegetation manage16 ment practices on roadsides and other transportation 

17 rights-of-way, including reduced mowing; and 

18 ‘‘(2) encourage the development of habitat and 

19 forage for Monarch butterflies, other native polli20 nators, and honey bees through plantings of native 

21 forbs and grasses, including noninvasive, native milk22 weed species that can serve as migratory way stations 

23 for butterflies and facilitate migrations of other polli24 nators.’’. 

25 (b) PROVISION OF HABITAT, FORAGE, AND MIGRATORY

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1 TIVE POLLINATORS, AND HONEY BEES.—Section 329(a)(1) 

2 of title 23, United States Code, is amended by inserting 

3 ‘‘provision of habitat, forage, and migratory way stations 

4 for Monarch butterflies, other native pollinators, and honey 

5 bees,’’ before ‘‘and aesthetic enhancement’’. 

6 SEC. 1423. MILK PRODUCTS. 

7 Section 127(a) of title 23, United States Code, is 

8 amended by adding at the end the following: 

9 ‘‘(13) MILK PRODUCTS.—A vehicle carrying 

10 fluid milk products shall be considered a load that 

11 cannot be easily dismantled or divided.’’. 

12 SEC. 1424. INTERSTATE WEIGHT LIMITS FOR EMERGENCY 

13 VEHICLES. 

14 Section 127(a) of title 23, United States Code, as 

15 amended by this Act, is further amended by adding at the 

16 end the following: 

17 ‘‘(14) EMERGENCY VEHICLES.— 

18 ‘‘(A) IN GENERAL.—With respect to an 

19 emergency vehicle, the following weight limits 

20 shall apply in lieu of the maximum and min21 imum weight limits specified in this subsection: 

22 ‘‘(i) 24,000 pounds on a single steering 

23 axle. 

24 ‘‘(ii) 33,500 pounds on a single drive 

25 axle. 


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1 ‘‘(iii) 62,000 pounds on a tandem axle. 

2 ‘‘(iv) A maximum gross vehicle weight 

3 of 86,000 pounds. 

4 ‘‘(B) EMERGENCY VEHICLE DEFINED.—In 

5 this paragraph, the term ‘emergency vehicle’ 

6 means a vehicle designed— 

7 ‘‘(i) to be used under emergency condi8 tions to transport personnel and equipment; 

9 and 

10 ‘‘(ii) to support the suppression of fires 

11 and mitigation of other hazardous situa12 tions.’’. 

13 SEC. 1425. VEHICLE WEIGHT LIMITATIONS—INTERSTATE 

14 SYSTEM. 

15 Section 127 of title 23, United States Code, is amended 

16 by adding at the end the following: 

17 ‘‘(m) COVERED HEAVY-DUTY TOW AND RECOVERY VE18 HICLES.— 

19 ‘‘(1) IN GENERAL.—The vehicle weight limita20 tions set forth in this section do not apply to a cov21 ered heavy-duty tow and recovery vehicle. 

22 ‘‘(2) COVERED HEAVY-DUTY TOW AND RECOVERY

23 VEHICLE DEFINED.—In this subsection, the term ‘cov24 ered heavy-duty tow and recovery vehicle’ means a ve25 hicle that— 


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1 ‘‘(A) is transporting a disabled vehicle from 

2 the place where the vehicle became disabled to the 

3 nearest appropriate repair facility; and 

4 ‘‘(B) has a gross vehicle weight that is equal 

5 to or exceeds the gross vehicle weight of the dis6 abled vehicle being transported.’’. 

7 SEC. 1426. NEW NATIONAL GOAL, PERFORMANCE MEASURE, 

8 AND PERFORMANCE TARGET. 

9 (a) NATIONAL GOAL.—Section 150(b) of title 23, 

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

11 following: 

12 ‘‘(8) INTEGRATED ECONOMIC DEVELOPMENT.— 

13 To improve road conditions in economically dis14 tressed urban communities and increase access to jobs, 

15 markets, and economic opportunities for people who 

16 live in such communities.’’. 

17 (b) PERFORMANCE MEASURE.—Section 150(c) of such 

18 title is amended by adding at the end the following: 

19 ‘‘(7) INTEGRATED ECONOMIC DEVELOPMENT.— 

20 The Secretary shall establish measures for States to 

21 use to assess the conditions, accessibility, and reli22 ability of roads in economically distressed urban com23 munities.’’. 


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1 (c) PERFORMANCE TARGET.—Section 150(d)(1) of 

2 such title is amended by striking ‘‘and (6)’’ and inserting 

3 ‘‘(6), and (7)’’. 

4 SEC. 1427. SERVICE CLUB, CHARITABLE ASSOCIATION, OR 

5 RELIGIOUS SERVICE SIGNS. 

6 Notwithstanding section 131 of title 23, United States 

7 Code, and part 750 of title 23, Code of Federal Regulations 

8 (or successor regulations), a State may allow the mainte9 nance of a sign of a service club, charitable association, or 

10 religious service that was erected as of the date of enactment 

11 of this Act and the area of which is less than or equal to 

12 32 square feet, if the State notifies the Federal Highway 

13 Administration. 

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

15 (a) IN GENERAL.—Section 1409 of SAFETEA–LU 

16 (23 U.S.C. 401 note) is amended— 

17 (1) by striking the section heading and inserting 

18 ‘‘WORK ZONE AND GUARD RAIL SAFETY TRAIN19 ING’’; and 

20 (2) in subsection (b) by adding at the end the 

21 following: 

22 ‘‘(4) Development, updating, and delivery of 

23 training courses on guard rail installation, mainte24 nance, and inspection.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of contents in 

2 section 1(b) of such Act is amended by striking the item 

3 relating to section 1409 and inserting the following: 

‘‘Sec. 1409. Work zone and guard rail safety training.’’. 

4 SEC. 1429. MOTORCYCLIST ADVISORY COUNCIL. 

5 (a) IN GENERAL.—The Secretary, acting through the 

6 Administrator of the Federal Highway Administration, 

7 and in consultation with the Committee on Transportation 

8 and Infrastructure of the House of Representatives and the 

9 Committee on Environment and Public Works of the Sen10 ate, shall appoint a Motorcyclist Advisory Council to co11 ordinate with and advise the Administrator on infrastruc12 ture issues of concern to motorcyclists, including— 

13 (1) barrier design; 

14 (2) road design, construction, and maintenance 

15 practices; and 

16 (3) the architecture and implementation of intel17 ligent transportation system technologies. 

18 (b) COMPOSITION.—The Council shall consist of not 

19 more than 10 members of the motorcycling community with 

20 professional expertise in national motorcyclist safety advo21 cacy, including— 

22 (1) at least— 

23 (A) 1 member recommended by a national 

24 motorcyclist association; 


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1 (B) 1 member recommended by a national 

2 motorcycle riders foundation; 

3 (C) 1 representative of the National Asso4 ciation of State Motorcycle Safety Administra5 tors; 

6 (D) 2 members of State motorcyclists’ orga7 nizations; 

8 (E) 1 member recommended by a national 

9 organization that represents the builders of high10 way infrastructure; 

11 (F) 1 member recommended by a national 

12 association that represents the traffic safety sys13 tems industry; and 

14 (G) 1 member of a national safety organiza15 tion; and 

16 (2) at least 1, but not more than 2, motorcyclists 

17 who are traffic system design engineers or State 

18 transportation department officials. 

19 SEC. 1430. HIGHWAY WORK ZONES. 

20 It is the sense of the House of Representatives that the 

21 Federal Highway Administration should— 

22 (1) do all within its power to protect workers in 

23 highway work zones; and 

24 (2) move rapidly to finalize regulations, as di25 rected in section 1405 of MAP–21 (126 Stat. 560), to 


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1 protect the lives and safety of construction workers in 

2 highway work zones from vehicle intrusions. 

3 TITLE II—INNOVATIVE PROJECT 

4 FINANCE 

5 SEC. 2001. TRANSPORTATION INFRASTRUCTURE FINANCE 

6 AND INNOVATION ACT OF 1998 AMENDMENTS. 

7 (a) DEFINITIONS.— 

8 (1) MASTER CREDIT AGREEMENT.—Section 

9 601(a)(10) of title 23, United States Code, is amended 

10 to read as follows: 

11 ‘‘(10) MASTER CREDIT AGREEMENT.—The term 

12 ‘master credit agreement’ means a conditional agree13 ment to extend credit assistance for a program of re14 lated projects secured by a common security pledge 

15 (which shall receive an investment grade rating from 

16 a rating agency prior to the Secretary entering into 

17 such master credit agreement) under section 

18 602(b)(2)(A), or for a single project covered under sec19 tion 602(b)(2)(B) that does not provide for a current 

20 obligation of Federal funds, and that would— 

21 ‘‘(A) make contingent commitments of 1 or 

22 more secured loans or other Federal credit in23 struments at future dates, subject to the avail24 ability of future funds being made available to 

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1 tion of all the conditions for the provision of 

2 credit assistance under this chapter, including 

3 section 603(b)(1); 

4 ‘‘(B) establish the maximum amounts and 

5 general terms and conditions of the secured loans 

6 or other Federal credit instruments; 

7 ‘‘(C) identify the 1 or more dedicated non8 Federal revenue sources that will secure the re9 payment of the secured loans or secured Federal 

10 credit instruments; 

11 ‘‘(D) provide for the obligation of funds for 

12 the secured loans or secured Federal credit in13 struments after all requirements have been met 

14 for the projects subject to the master credit agree15 ment, including— 

16 ‘‘(i) completion of an environmental 

17 impact statement or similar analysis re18 quired under the National Environmental 

19 Policy Act of 1969 (42 U.S.C. 4321 et seq.); 

20 ‘‘(ii) compliance with such other re21 quirements as are specified in this chapter, 

22 including sections 602(c) and 603(b)(1); 

23 and 

24 ‘‘(iii) the availability of funds to carry 

25 out this chapter; and 


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1 ‘‘(E) require that contingent commitments 

2 result in a financial close and obligation of cred3 it assistance not later than 3 years after the date 

4 of entry into the master credit agreement, or re5 lease of the commitment, unless otherwise ex6 tended by the Secretary.’’. 

7 (2) RURAL INFRASTRUCTURE PROJECT.—Section 

8 601(a)(15) of title 23, United States Code, is amended 

9 to read as follows: 

10 ‘‘(15) RURAL INFRASTRUCTURE PROJECT.—The 

11 term ‘rural infrastructure project’ means a surface 

12 transportation infrastructure project located outside 

13 of a Census-Bureau-defined urbanized area.’’. 

14 (b) MASTER CREDIT AGREEMENTS.—Section 

15 602(b)(2) of title 23, United States Code is amended to read 

16 as follows: 

17 ‘‘(2) MASTER CREDIT AGREEMENTS.— 

18 ‘‘(A) PROGRAM OF RELATED PROJECTS.— 

19 The Secretary may enter into a master credit 

20 agreement for a program of related projects se21 cured by a common security pledge on terms ac22 ceptable to the Secretary. 

23 ‘‘(B) ADEQUATE FUNDING NOT AVAIL24 ABLE.—If the Secretary fully obligates funding 

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1 funding is not available to fund a credit instru2 ment, a project sponsor of an eligible project 

3 may elect to enter into a master credit agreement 

4 and wait to execute a credit instrument until the 

5 fiscal year during which additional funds are 

6 available to receive credit assistance.’’. 

7 (c) ELIGIBLE PROJECT COSTS.—Section 602(a)(5) of 

8 title 23, United States Code, is amended— 

9 (1) in subparagraph (A) by inserting ‘‘and (C)’’ 

10 after ‘‘(B)’’; and 

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

12 ‘‘(C) LOCAL INFRASTRUCTURE PROJECTS.— 

13 Eligible project costs shall be reasonably antici14 pated to equal or exceed $10,000,000 in the case 

15 of a project or program of projects— 

16 ‘‘(i) in which the applicant is a local 

17 government, public authority, or instrumen18 tality of local government; 

19 ‘‘(ii) located on a facility owned by a 

20 local government; or 

21 ‘‘(iii) for which the Secretary deter22 mines that a local government is substan23 tially involved in the development of the 

24 project.’’. 


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1 (d) LIMITATION ON REFINANCING OF INTERIM CON2 STRUCTION FINANCING.—Section 603(a)(2) of title 23, 

3 United States Code, is amended to read as follows: 

4 ‘‘(2) LIMITATION ON REFINANCING OF INTERIM

5 CONSTRUCTION FINANCING.—A loan under paragraph 

6 (1) shall not refinance interim construction financing 

7 under paragraph (1)(B)— 

8 ‘‘(A) if the maturity of such interim con9 struction financing is later than 1 year after the 

10 substantial completion of the project; and 

11 ‘‘(B) later than 1 year after the date of sub12 stantial completion of the project.’’. 

13 (e) FUNDING.—Section 608(a) of title 23, United 

14 States Code, is amended— 

15 (1) in paragraph (4)— 

16 (A) in subparagraph (A) by striking ‘‘Be17 ginning in fiscal year 2014, on April 1 of each 

18 fiscal year’’ and inserting ‘‘Beginning in fiscal 

19 year 2016, on August 1 of each fiscal year’’; and 

20 (B) by adding at the end the following: 

21 ‘‘(D) LIMITATIONS.—The Secretary may not 

22 carry out a redistribution under this para23 graph— 

24 ‘‘(i) for any fiscal year in which such 

25 redistribution would adversely impact the 


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1 receipt of credit assistance by a qualified 

2 project within such fiscal year; or 

3 ‘‘(ii) if the budget authority deter4 mined to be necessary to cover all requests 

5 for credit assistance pending before the De6 partment of Transportation on August 1 

7 would reduce the uncommitted balance of 

8 funds below the threshold established in sub9 paragraph (A).’’; and 

10 (2) by striking paragraph (6) and inserting the 

11 following: 

12 ‘‘(6) ADMINISTRATIVE COSTS.—Of the amounts 

13 made available to carry out this chapter, the Sec14 retary may use not more than $5,000,000 for fiscal 

15 year 2016, $5,150,000 for fiscal year 2017, 

16 $5,304,500 for fiscal year 2018, $5,463,500 for fiscal 

17 year 2019, $5,627,500 for fiscal year 2020, and 

18 $5,760,500 for fiscal year 2021 for the administration 

19 of this chapter.’’. 

20 SEC. 2002. STATE INFRASTRUCTURE BANK PROGRAM. 

21 Section 610 of title 23, United States Code, is amend22 ed— 

23 (1) in subsection (d)— 

24 (A) in paragraph (1) by striking subpara25 graph (A) and inserting the following: 


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1 ‘‘(A) 10 percent of the funds apportioned to 

2 the State for each of fiscal years 2016 through 

3 2021 under each of sections 104(b)(1) and 

4 104(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 2016 

16 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 by 

20 inserting ‘‘(including payments made pursuant to a long21 term concession agreement, such as availability payments)’’ 

22 after ‘‘a project’’. 

23 (b) PROJECT APPROVAL AND OVERSIGHT.—Section 

24 106(b)(1) of title 23, United States Code, is amended by 

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1 term concession agreement, such as availability payments)’’ 

2 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 amend10 ed— 

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 to 

16 property located near public transportation resulting 

17 from investments in public transportation. 

18 ‘‘(25) BASE-MODEL BUS.—The term ‘base-model 

19 bus’ means a heavy-duty public transportation bus 

20 manufactured to meet, but not exceed, transit-specific 

21 minimum performance criteria developed by the Sec22 retary.’’. 


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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 inter9 city 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 fol15 lowing: 

16 ‘‘(3) REPRESENTATION.— 

17 ‘‘(A) IN GENERAL.—Designation or selection 

18 of officials or representatives under paragraph 

19 (2) shall be determined by the metropolitan 

20 planning organization according to the bylaws 

21 or enabling statute of the organization. 

22 ‘‘(B) PUBLIC TRANSPORTATION REPRESENT23 ATIVE.—Subject to the bylaws or enabling statute 

24 of the metropolitan planning organization, a 

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1 tation may also serve as a representative of a 

2 local municipality. 

3 ‘‘(C) POWERS OF CERTAIN OFFICIALS.—An 

4 official described in paragraph (2)(B) shall have 

5 responsibilities, actions, duties, voting rights, 

6 and any other authority commensurate with 

7 other officials described in paragraph (2).’’; and 

8 (C) in paragraph (5), as so redesignated, by 

9 striking ‘‘paragraph (5)’’ and inserting ‘‘para10 graph (6)’’; 

11 (3) in subsection (e)(4)(B) by striking ‘‘sub12 section (d)(5)’’ and inserting ‘‘subsection (d)(6)’’; 

13 (4) in subsection (g)(3)(A) by inserting ‘‘tour14 ism, natural disaster risk reduction,’’ after ‘‘economic 

15 development,’’; 

16 (5) in subsection (h)(1)— 

17 (A) in subparagraph (G) by striking ‘‘and’’ 

18 at the end; 

19 (B) in subparagraph (H) by striking the 

20 period at the end and inserting ‘‘; and’’; and 

21 (C) by adding at the end the following: 

22 ‘‘(I) improve the resilience and reliability of 

23 the transportation system.’’; 

24 (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 program, 

12 or telework program)’’ after ‘‘private pro13 viders of transportation’’; and 

14 (C) in paragraph (8) by striking ‘‘para15 graph (2)(C)’’ each place it appears and insert16 ing ‘‘paragraph (2)(E)’’; 

17 (7) in subsection (k)(3)— 

18 (A) in subparagraph (A) by inserting ‘‘(in19 cluding intercity bus operators, employer-based 

20 commuting programs, such as a carpool pro21 gram, vanpool program, transit benefit program, 

22 parking cash-out program, shuttle program, or 

23 telework program), job access projects,’’ after ‘‘re24 duction’’; and 

25 (B) by adding at the end the following: 


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1 ‘‘(C) CONGESTION MANAGEMENT PLAN.—A 

2 metropolitan planning organization with a 

3 transportation management area may develop a 

4 plan that includes projects and strategies that 

5 will be considered in the TIP of such metropoli6 tan planning organization. Such plan shall— 

7 ‘‘(i) develop regional goals to reduce 

8 vehicle miles traveled during peak com9 muting hours and improve transportation 

10 connections between areas with high job 

11 concentration and areas with high con12 centrations of low-income households; 

13 ‘‘(ii) identify existing public transpor14 tation services, employer-based commuter 

15 programs, and other existing transportation 

16 services that support access to jobs in the re17 gion; and 

18 ‘‘(iii) identify proposed projects and 

19 programs to reduce congestion and increase 

20 job access opportunities. 

21 ‘‘(D) PARTICIPATION.—In developing the 

22 plan under subparagraph (C), a metropolitan 

23 planning organization shall consult with em24 ployers, private and non-profit providers of pub25 lic transportation, transportation management 


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1 organizations, and organizations that provide 

2 job access reverse commute projects or job-related 

3 services to low-income individuals.’’; 

4 (8) in subsection (l)— 

5 (A) by adding a period at the end of para6 graph (1); and 

7 (B) in paragraph (2)(D) by striking ‘‘of less 

8 than 200,000’’ and inserting ‘‘with a population 

9 of 200,000 or less’’; and 

10 (9) in subsection (p) by striking ‘‘Funds set 

11 aside under section 104(f)’’ and inserting ‘‘Funds ap12 portioned under section 104(b)(5)’’. 

13 (b) STATEWIDE AND NONMETROPOLITAN TRANSPOR14 TATION PLANNING.—Section 5304 of title 49, United States 

15 Code, is amended— 

16 (1) in subsection (a)(2) by striking ‘‘and bicycle 

17 transportation facilities’’ and inserting ‘‘, bicycle 

18 transportation facilities, and intermodal facilities 

19 that support intercity transportation, including inter20 city buses and intercity bus facilities’’; 

21 (2) in subsection (d)— 

22 (A) in paragraph (1)— 

23 (i) in subparagraph (G) by striking 

24 ‘‘and’’ at the end; 


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1 (ii) in subparagraph (H) by striking 

2 the period at the end and inserting ‘‘; and’’; 

3 and 

4 (iii) by adding at the end the fol5 lowing: 

6 ‘‘(I) improve the resilience and reliability of 

7 the transportation system.’’; and 

8 (B) in paragraph (2)— 

9 (i) in subparagraph (B)(ii) by striking 

10 ‘‘urbanized’’; and 

11 (ii) in subparagraph (C) by striking 

12 ‘‘urbanized’’; and 

13 (3) in subsection (f)(3)(A)(ii)— 

14 (A) by inserting ‘‘public ports,’’ before 

15 ‘‘freight shippers,’’; and 

16 (B) by inserting ‘‘(including intercity bus 

17 operators, employer-based commuting programs, 

18 such as a carpool program, vanpool program, 

19 transit benefit program, parking cash-out pro20 gram, shuttle program, or telework program)’’ 

21 after ‘‘private providers of transportation’’. 

22 SEC. 3004. URBANIZED AREA FORMULA GRANTS. 

23 Section 5307 of title 49, United States Code, is amend24 ed— 

25 (1) in subsection (a)— 


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1 (A) by redesignating paragraphs (1) and 

2 (2) as paragraphs (2) and (3), respectively; 

3 (B) by inserting before paragraph (2) (as so 

4 redesignated) the following: 

5 ‘‘(1) RECIPIENT DEFINED.—In this section, the 

6 term ‘recipient’ means a designated recipient, State, 

7 or local governmental authority that receives a grant 

8 under this section directly from the Government.’’; 

9 (C) in paragraph (3) (as so redesignated) 

10 by inserting ‘‘or general public demand response 

11 service’’ before ‘‘during’’ each place it appears; 

12 and 

13 (D) by adding at the end the following: 

14 ‘‘(4) EXCEPTION TO THE SPECIAL RULE.—Not15 withstanding paragraph (3), if a public transpor16 tation system described in such paragraph executes a 

17 written agreement with 1 or more other public trans18 portation systems to allocate funds under this sub19 section, other than by measuring vehicle revenue 

20 hours, each of the public transportation systems to the 

21 agreement may follow the terms of such agreement 

22 without regard to the percentages or the measured ve23 hicle revenue hours referred to in such paragraph.’’; 

24 and 


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1 (2) in subsection (c)(1)(K)(i) by striking ‘‘1 per2 cent’’ and inserting ‘‘one-half of 1 percent’’. 

3 SEC. 3005. FIXED GUIDEWAY CAPITAL INVESTMENT 

4 GRANTS. 

5 Section 5309 of title 49, United States Code, is amend6 ed— 

7 (1) in subsection (a)(6)— 

8 (A) in subparagraph (A) by inserting ‘‘, 

9 small start projects,’’ after ‘‘new fixed guideway 

10 capital projects’’; and 

11 (B) by striking subparagraph (B) and in12 serting the following: 

13 ‘‘(B) 2 or more projects that are any com14 bination of new fixed guideway capital projects, 

15 small start projects, and core capacity improve16 ment projects.’’; 

17 (2) in subsection (h)(6)— 

18 (A) by striking ‘‘In carrying out’’ and in19 serting the following: 

20 ‘‘(A) IN GENERAL.—In carrying out’’; and 

21 (B) by adding at the end the following: 

22 ‘‘(B) OPTIONAL EARLY RATING.—At the re23 quest of the project sponsor, the Secretary shall 

24 evaluate and rate the project in accordance with 

25 paragraphs (4) and (5) and subparagraph (A) of 


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1 this paragraph upon completion of the analysis 

2 required under the National Environmental Pol3 icy Act of 1969 (42 U.S.C. 4321 et seq.).’’; 

4 (3) in subsection (i)— 

5 (A) in paragraph (1) by striking ‘‘sub6 section (d) or (e)’’ and inserting ‘‘subsection (d), 

7 (e), or (h)’’; 

8 (B) in paragraph (2)— 

9 (i) in the matter preceding subpara10 graph (A) by inserting ‘‘new fixed guideway 

11 capital project or core capacity improve12 ment’’ after ‘‘federally funded’’; 

13 (ii) by striking subparagraph (D) and 

14 inserting the following: 

15 ‘‘(D) the program of interrelated projects, 

16 when evaluated as a whole— 

17 ‘‘(i) meets the requirements of sub18 section (d)(2), subsection (e)(2), or para19 graphs (3) and (4) of subsection (h), as ap20 plicable, if the program is comprised en21 tirely of— 

22 ‘‘(I) new fixed guideway capital 

23 projects; 

24 ‘‘(II) core capacity improvement 

25 projects; or 


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1 ‘‘(III) small start projects; or 

2 ‘‘(ii) meets the requirements of sub3 section (d)(2) if the program is comprised of 

4 any combination of new fixed guideway 

5 projects, small start projects, and core ca6 pacity improvement projects.’’; 

7 (C) by striking paragraph (3)(A) and in8 serting the following: 

9 ‘‘(A) PROJECT ADVANCEMENT.—A project 

10 receiving a grant under this section that is part 

11 of a program of interrelated projects may not 

12 advance— 

13 ‘‘(i) in the case of a small start project, 

14 from the project development phase to the 

15 construction phase unless the Secretary de16 termines that the program of interrelated 

17 projects meets the applicable requirements of 

18 this section and there is a reasonable likeli19 hood that the program will continue to meet 

20 such requirements; or 

21 ‘‘(ii) in the case of a new fixed guide22 way capital project or a core capacity im23 provement project, from the project develop24 ment phase to the engineering phase, or 

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1 tion phase, unless the Secretary determines 

2 that the program of interrelated projects 

3 meets the applicable requirements of this 

4 section and there is a reasonable likelihood 

5 that the program will continue to meet such 

6 requirements.’’; 

7 (4) in subsection (l)— 

8 (A) by striking paragraph (1) and inserting 

9 the following: 

10 ‘‘(1) IN GENERAL.—Based on engineering stud11 ies, studies of economic feasibility, and information 

12 on the expected use of equipment or facilities, the Sec13 retary shall estimate the net capital project cost. A 

14 grant for a new fixed guideway project shall not ex15 ceed 50 percent of the net capital project cost. A grant 

16 for a core capacity project shall not exceed 80 percent 

17 of the net capital project cost of the incremental cost 

18 of increasing the capacity in the corridor. A grant for 

19 a small start project shall not exceed 80 percent.’’; 

20 and 

21 (B) by striking paragraph (4) and inserting 

22 the following: 

23 ‘‘(4) REMAINING COSTS.—The remainder of the 

24 net project costs shall be provided— 


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1 ‘‘(A) in cash from non-Government sources 

2 other than revenues from providing public trans3 portation services; 

4 ‘‘(B) from revenues from the sale of adver5 tising and concessions; 

6 ‘‘(C) from an undistributed cash surplus, a 

7 replacement or depreciation cash fund or reserve, 

8 or new capital; or 

9 ‘‘(D) from amounts appropriated or other10 wise made available to a department or agency 

11 of the Government (other than the Department of 

12 Transportation) that are eligible to be expended 

13 for transportation.’’; 

14 (5) by striking subsection (n) and redesignating 

15 subsection (o) as subsection (n); and 

16 (6) by adding at the end the following: 

17 ‘‘(o) SPECIAL RULE.—For the purposes of calculating 

18 the cost effectiveness of a project described in subsection (d) 

19 or (e), the Secretary shall not reduce or eliminate the cap20 ital costs of art and landscaping elements from the 

21 annualized capital cost calculation.’’. 


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1 SEC. 3006. FORMULA GRANTS FOR ENHANCED MOBILITY OF 

2 SENIORS AND INDIVIDUALS WITH DISABIL3 ITIES. 

4 Section 5310 of title 49, United States Code, is amend5 ed by adding at the end the following: 

6 ‘‘(i) BEST PRACTICES.—The Secretary shall collect 

7 from, review, and disseminate to public transit agencies in8 novative practices, program models, new service delivery 

9 options, findings from activities under subsection (h), and 

10 transit cooperative research program reports.’’. 

11 SEC. 3007. FORMULA GRANTS FOR RURAL AREAS. 

12 Section 5311(g)(3) of title 49, United States Code, is 

13 amended— 

14 (1) by redesignating subparagraphs (A) through 

15 (D) as subparagraphs (C) through (F), respectively; 

16 (2) by inserting before subparagraph (C) (as so 

17 redesignated) the following: 

18 ‘‘(A) may be provided in cash from non19 Government sources other than revenues from 

20 providing public transportation services; 

21 ‘‘(B) may be provided from revenues from 

22 the sale of advertising and concessions;’’; and 

23 (3) in subparagraph (F) (as so redesignated) by 

24 inserting ‘‘, including all operating and capital costs 

25 of such service whether or not offset by revenue from 


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1 such service,’’ after ‘‘the costs of a private operator for 

2 the unsubsidized segment of intercity bus service’’. 

3 SEC. 3008. PUBLIC TRANSPORTATION INNOVATION. 

4 (a) CONSOLIDATION OF PROGRAMS.—Section 5312 of 

5 title 49, United States Code, is amended— 

6 (1) by striking the section designation and head7 ing and inserting the following: 

8 ‘‘§ 5312. Public transportation innovation’’; 

9 (2) by redesignating subsections (a) through (f) 

10 as subsections (b) through (g), respectively; 

11 (3) by inserting before subsection (b) (as so re12 designated) the following: 

13 ‘‘(a) IN GENERAL.—The Secretary shall provide assist14 ance for projects and activities to advance innovative public 

15 transportation research and development in accordance 

16 with the requirements of this section.’’; 

17 (4) in subsection (e)(5) (as so redesignated)— 

18 (A) in subparagraph (A) by striking clause 

19 (vi) and redesignating clause (vii) as clause (vi); 

20 (B) in subparagraph (B) by striking ‘‘re21 cipients’’ and inserting ‘‘participants’’; 

22 (C) in subparagraph (C) by striking clause 

23 (ii) and inserting the following: 

24 ‘‘(ii) GOVERNMENT SHARE OF COSTS

25 FOR CERTAIN PROJECTS.—A grant for a 


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1 project carried out under this paragraph 

2 shall be 80 percent of the net project cost of 

3 the project unless the grant recipient re4 quests a lower grant percentage.’’; and 

5 (D) by striking subparagraph (G); 

6 (5) in subsection (f) (as so redesignated)— 

7 (A) by striking ‘‘(f)’’ and all that follows be8 fore paragraph (1) and inserting the following: 

9 ‘‘(f) ANNUAL REPORT ON RESEARCH.—Not later than 

10 the first Monday in February of each year, the Secretary 

11 shall make available to the public on the Web site of the 

12 Department of Transportation, a report that includes—’’; 

13 (B) in paragraph (1) by adding ‘‘and’’ at 

14 the end; 

15 (C) in paragraph (2) by striking ‘‘; and’’ 

16 and inserting a period; and 

17 (D) by striking paragraph (3); and 

18 (6) by adding at the end the following: 

19 ‘‘(h) TRANSIT COOPERATIVE RESEARCH PROGRAM.— 

20 ‘‘(1) IN GENERAL.—The amounts made available 

21 under section 5338(b) are available for a public 

22 transportation cooperative research program. 

23 ‘‘(2) INDEPENDENT GOVERNING BOARD.— 


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1 ‘‘(A) ESTABLISHMENT.—The Secretary shall 

2 establish an independent governing board for the 

3 program under this subsection. 

4 ‘‘(B) RECOMMENDATIONS.—The board shall 

5 recommend public transportation research, devel6 opment, and technology transfer activities the 

7 Secretary considers appropriate. 

8 ‘‘(3) FEDERAL ASSISTANCE.—The Secretary may 

9 make grants to, and enter into cooperative agreements 

10 with, the National Academy of Sciences to carry out 

11 activities under this subsection that the Secretary 

12 considers appropriate. 

13 ‘‘(4) GOVERNMENT’S SHARE.—If there would be 

14 a clear and direct financial benefit to an entity under 

15 a grant or contract financed under this subsection, 

16 the Secretary shall establish a Government share con17 sistent with that benefit. 

18 ‘‘(5) LIMITATION ON APPLICABILITY.—Sub19 sections (f) and (g) shall not apply to activities car20 ried out under this subsection.’’. 

21 (b) CONFORMING AMENDMENTS.—Section 5312 of such 

22 title (as amended by subsection (a) of this section) is further 

23 amended— 

24 (1) in subsection (c)(1) by striking ‘‘subsection 

25 (a)(2)’’ and inserting ‘‘subsection (b)(2)’’; 


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1 (2) in subsection (d)— 

2 (A) in paragraph (1) by striking ‘‘sub3 section (a)(2)’’ and inserting ‘‘subsection (b)(2)’’; 

4 and 

5 (B) in paragraph (2)(A) by striking ‘‘sub6 section (b)’’ and inserting ‘‘subsection (c)’’; 

7 (3) in subsection (e)(2) in each of subparagraphs 

8 (A) and (B) by striking ‘‘subsection (a)(2)’’ and in9 serting ‘‘subsection (b)(2)’’; and 

10 (4) in subsection (f)(2) by striking ‘‘subsection 

11 (d)(4)’’ and inserting ‘‘subsection (e)(4)’’. 

12 (c) REPEAL.—Section 5313 of such title, and the item 

13 relating to that section in the analysis for chapter 53 of 

14 such title, are repealed. 

15 (d) CLERICAL AMENDMENT.—The analysis for chapter 

16 53 of such title is amended by striking the item relating 

17 to section 5312 and inserting the following: 

‘‘5312. Public transportation innovation.’’. 

18 SEC. 3009. TECHNICAL ASSISTANCE AND WORKFORCE DE19 VELOPMENT. 

20 (a) IN GENERAL.—Section 5314 of title 49, United 

21 States Code, is amended to read as follows: 

22 ‘‘§ 5314. Technical assistance and workforce develop23 ment 

24 ‘‘(a) TECHNICAL ASSISTANCE AND STANDARDS.— 


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1 ‘‘(1) TECHNICAL ASSISTANCE AND STANDARDS

2 DEVELOPMENT.— 

3 ‘‘(A) IN GENERAL.—The Secretary may 

4 make grants and enter into contracts, coopera5 tive agreements, and other agreements (including 

6 agreements with departments, agencies, and in7 strumentalities of the Government) to carry out 

8 activities that the Secretary determines will as9 sist recipients of assistance under this chapter 

10 to— 

11 ‘‘(i) more effectively and efficiently 

12 provide public transportation service; 

13 ‘‘(ii) administer funds received under 

14 this chapter in compliance with Federal 

15 law; and 

16 ‘‘(iii) improve public transportation. 

17 ‘‘(B) ELIGIBLE ACTIVITIES.—The activities 

18 carried out under subparagraph (A) may in19 clude— 

20 ‘‘(i) technical assistance; and 

21 ‘‘(ii) the development of voluntary and 

22 consensus-based standards and best prac23 tices by the public transportation industry, 

24 including standards and best practices for 

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1 tation systems, accessibility, procurement, 

2 security, asset management to maintain a 

3 state of good repair, operations, mainte4 nance, vehicle propulsion, communications, 

5 and vehicle electronics. 

6 ‘‘(2) TECHNICAL ASSISTANCE.—The Secretary, 

7 through a competitive bid process, may enter into 

8 contracts, cooperative agreements, and other agree9 ments with national nonprofit organizations that 

10 have the appropriate demonstrated capacity to pro11 vide public-transportation-related technical assistance 

12 under this subsection. The Secretary may enter into 

13 such contracts, cooperative agreements, and other 

14 agreements to assist providers of public transpor15 tation to— 

16 ‘‘(A) comply with the Americans with Dis17 abilities Act of 1990 (42 U.S.C. 12101 et seq.) 

18 through technical assistance, demonstration pro19 grams, research, public education, and other ac20 tivities related to complying with such Act; 

21 ‘‘(B) comply with human services transpor22 tation coordination requirements and to enhance 

23 the coordination of Federal resources for human 

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1 ance, training, and support services related to 

2 complying with such requirements; 

3 ‘‘(C) meet the transportation needs of elder4 ly individuals; 

5 ‘‘(D) increase transit ridership in coordina6 tion with metropolitan planning organizations 

7 and other entities through development around 

8 public transportation stations through technical 

9 assistance and the development of tools, guid10 ance, and analysis related to market-based devel11 opment around transit stations; 

12 ‘‘(E) address transportation equity with re13 gard to the effect that transportation planning, 

14 investment, and operations have for low-income 

15 and minority individuals; 

16 ‘‘(F) facilitate best practices to promote bus 

17 driver safety; 

18 ‘‘(G) meet the requirements of sections 

19 5323(j) and 5323(m); 

20 ‘‘(H) assist with the development and de21 ployment of zero emission transit technologies; 

22 and 

23 ‘‘(I) any other technical assistance activity 

24 that the Secretary determines is necessary to ad25 vance the interests of public transportation. 


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1 ‘‘(3) ANNUAL REPORT ON TECHNICAL ASSIST2 ANCE.—Not later than the first Monday in February 

3 of each year, the Secretary shall submit to the Com4 mittee on Banking, Housing, and Urban Affairs and 

5 the Committee on Appropriations of the Senate and 

6 the Committee on Transportation and Infrastructure, 

7 the Committee on Science, Space, and Technology, 

8 and the Committee on Appropriations of the House of 

9 Representatives a report that includes— 

10 ‘‘(A) a description of each project that re11 ceived assistance under this subsection during 

12 the preceding fiscal year; 

13 ‘‘(B) an evaluation of the activities carried 

14 out by each organization that received assistance 

15 under this subsection during the preceding fiscal 

16 year; 

17 ‘‘(C) a proposal for allocations of amounts 

18 for assistance under this subsection for the subse19 quent fiscal year; and 

20 ‘‘(D) measurable outcomes and impacts of 

21 the programs funded under subsections (b) and 

22 (c). 

23 ‘‘(4) GOVERNMENT SHARE OF COSTS.— 

24 ‘‘(A) IN GENERAL.—The Government share 

25 of the cost of an activity carried out using a 


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1 grant under this subsection may not exceed 80 

2 percent. 

3 ‘‘(B) NON-GOVERNMENT SHARE.—The non4 Government share of the cost of an activity car5 ried out using a grant under this subsection may 

6 be derived from in-kind contributions. 

7 ‘‘(b) HUMAN RESOURCES AND TRAINING.— 

8 ‘‘(1) IN GENERAL.—The Secretary may under9 take, or make grants and contracts for, programs that 

10 address human resource needs as they apply to public 

11 transportation activities. A program may include— 

12 ‘‘(A) an employment training program; 

13 ‘‘(B) an outreach program to increase vet14 eran, minority, and female employment in pub15 lic transportation activities; 

16 ‘‘(C) research on public transportation per17 sonnel and training needs; 

18 ‘‘(D) training and assistance for veteran 

19 and minority business opportunities; and 

20 ‘‘(E) consensus-based national training 

21 standards and certifications in partnership with 

22 industry stakeholders. 

23 ‘‘(2) INNOVATIVE PUBLIC TRANSPORTATION

24 FRONTLINE WORKFORCE DEVELOPMENT PROGRAM.— 


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1 ‘‘(A) IN GENERAL.—The Secretary shall es2 tablish a competitive grant program to assist the 

3 development of innovative activities eligible for 

4 assistance under subparagraph (1). 

5 ‘‘(B) ELIGIBLE PROGRAMS.—A program eli6 gible for assistance under subsection (a) shall— 

7 ‘‘(i) develop apprenticeships for transit 

8 maintenance and operations occupations, 

9 including hands-on, peer trainer, classroom 

10 and on-the-job training as well as training 

11 for instructors and on-the-job mentors; 

12 ‘‘(ii) build local, regional, and state13 wide transit training partnerships in co14 ordination with entities such as local em15 ployers, local public transportation opera16 tors, labor union organizations, workforce 

17 development boards, State workforce agen18 cies, State apprenticeship agencies (where 

19 applicable), and community colleges and 

20 university transportation centers, to iden21 tify and address workforce skill gaps and 

22 develop skills needed for delivering quality 

23 transit service and supporting employee ca24 reer advancement; 


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1 ‘‘(iii) provide improved capacity for 

2 safety, security, and emergency prepared3 ness in local transit systems through— 

4 ‘‘(I) developing the role of the 

5 frontline workforce in building and 

6 sustaining safety culture and safety 

7 systems in the industry and in indi8 vidual public transportation systems; 

9 ‘‘(II) specific training, in coordi10 nation with the National Transit In11 stitute, on security and emergency pre12 paredness, including protocols for co13 ordinating with first responders and 

14 working with the broader community 

15 to address natural disasters or other 

16 threats to transit systems; and 

17 ‘‘(III) training to address front18 line worker roles in promoting health 

19 and safety for transit workers and the 

20 riding public, and improving commu21 nication during emergencies between 

22 the frontline workforce and the riding 

23 public; 

24 ‘‘(iv) address current or projected 

25 workforce shortages by developing career 


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1 pathway partnerships with high schools, 

2 community colleges, and other community 

3 organizations for recruiting and training 

4 underrepresented populations, including 

5 minorities, women, individuals with dis6 abilities, veterans, and low-income popu7 lations as successful transit employees who 

8 can develop careers in the transit industry; 

9 or 

10 ‘‘(v) address youth unemployment by 

11 directing the Secretary to award grants to 

12 local entities for work-based training and 

13 other work-related and educational strate14 gies and activities of demonstrated effective15 ness to provide unemployed, low-income 

16 young adults and low-income youth with 

17 skills that will lead to employment. 

18 ‘‘(C) SELECTION OF RECIPIENTS.—To the 

19 maximum extent feasible, the Secretary shall se20 lect recipients that— 

21 ‘‘(i) are geographically diverse; 

22 ‘‘(ii) address the workforce and human 

23 resources needs of large public transpor24 tation providers; 


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1 ‘‘(iii) address the workforce and 

2 human resources needs of small public 

3 transportation providers; 

4 ‘‘(iv) address the workforce and human 

5 resources needs of urban public transpor6 tation providers; 

7 ‘‘(v) address the workforce and human 

8 resources needs of rural public transpor9 tation providers; 

10 ‘‘(vi) advance training related to 

11 maintenance of alternative energy, energy 

12 efficiency, or zero emission vehicles and fa13 cilities used in public transportation; 

14 ‘‘(vii) target areas with high rates of 

15 unemployment; 

16 ‘‘(viii) address current or projected 

17 workforce shortages in areas that require 

18 technical expertise; and 

19 ‘‘(ix) advance opportunities for mi20 norities, women, veterans, individuals with 

21 disabilities, low-income populations, and 

22 other underserved populations. 

23 ‘‘(D) PROGRAM OUTCOMES.—A recipient of 

24 assistance under this subsection shall dem25 onstrate outcomes for any program that includes 


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1 skills training, on-the-job training, and work2 based learning, including— 

3 ‘‘(i) the impact on reducing public 

4 transportation workforce shortages in the 

5 area served; 

6 ‘‘(ii) the diversity of training partici7 pants; and 

8 ‘‘(iii) the number of participants ob9 taining certifications or credentials required 

10 for specific types of employment. 

11 ‘‘(3) GOVERNMENT’S SHARE OF COSTS.—The 

12 Government share of the cost of a project carried out 

13 using a grant under paragraph (1) or (2) shall be 50 

14 percent. 

15 ‘‘(4) USE FOR TECHNICAL ASSISTANCE.—The 

16 Secretary may use not more than 1 percent of 

17 amounts made available to carry out this section to 

18 provide technical assistance for activities and pro19 grams developed, conducted, and overseen under para20 graphs (1) and (2). 

21 ‘‘(c) NATIONAL TRANSIT INSTITUTE.— 

22 ‘‘(1) ESTABLISHMENT.—The Secretary shall es23 tablish a national transit institute and award grants 

24 to a public, 4-year institution of higher education, as 

25 defined in section 101(a) of the Higher Education Act 


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1 of 1965 (20 U.S.C. 1001(a)), in order to carry out the 

2 duties of the institute. 

3 ‘‘(2) DUTIES.— 

4 ‘‘(A) IN GENERAL.—In cooperation with the 

5 Federal Transit Administration, State transpor6 tation departments, public transportation au7 thorities, and national and international enti8 ties, the institute established under paragraph 

9 (1) shall develop and conduct training and edu10 cational programs for Federal, State, and local 

11 transportation employees, United States citizens, 

12 and foreign nationals engaged or to be engaged 

13 in Government-aid public transportation work. 

14 ‘‘(B) TRAINING AND EDUCATIONAL PRO15 GRAMS.—The training and educational pro16 grams developed under subparagraph (A) may 

17 include courses in recent developments, tech18 niques, and procedures related to— 

19 ‘‘(i) intermodal and public transpor20 tation planning; 

21 ‘‘(ii) management; 

22 ‘‘(iii) environmental factors; 

23 ‘‘(iv) acquisition and joint-use rights24 of-way; 


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1 ‘‘(v) engineering and architectural de2 sign; 

3 ‘‘(vi) procurement strategies for public 

4 transportation systems; 

5 ‘‘(vii) turnkey approaches to delivering 

6 public transportation systems; 

7 ‘‘(viii) new technologies; 

8 ‘‘(ix) emission reduction technologies; 

9 ‘‘(x) ways to make public transpor10 tation accessible to individuals with disabil11 ities; 

12 ‘‘(xi) construction, construction man13 agement, insurance, and risk management; 

14 ‘‘(xii) maintenance; 

15 ‘‘(xiii) contract administration; 

16 ‘‘(xiv) inspection; 

17 ‘‘(xv) innovative finance; 

18 ‘‘(xvi) workplace safety; and 

19 ‘‘(xvii) public transportation security. 

20 ‘‘(3) PROVIDING EDUCATION AND TRAINING.— 

21 Education and training of Government, State, and 

22 local transportation employees under this subsection 

23 shall be provided— 


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1 ‘‘(A) by the Secretary at no cost to the 

2 States and local governments for subjects that 

3 are a Government program responsibility; or 

4 ‘‘(B) when the education and training are 

5 paid under paragraph (4), by the State, with the 

6 approval of the Secretary, through grants and 

7 contracts with public and private agencies, other 

8 institutions, individuals, and the institute. 

9 ‘‘(4) AVAILABILITY OF AMOUNTS.—Not more 

10 than 0.5 percent of the amounts made available for a 

11 fiscal year beginning after September 30, 1991, to a 

12 State or public transportation authority in the State 

13 to carry out sections 5307 and 5309 is available for 

14 expenditure by the State and public transportation 

15 authorities in the State, with the approval of the Sec16 retary, to pay not more than 80 percent of the cost 

17 of tuition and direct educational expenses related to 

18 educating and training State and local transpor19 tation employees under this subsection.’’. 

20 (b) REPEAL.—Section 5322 of such title, and the item 

21 relating to that section in the analysis for chapter 53 of 

22 such title, are repealed. 

23 (c) CLERICAL AMENDMENT.—The analysis for chapter 

24 53 of such title is amended by striking the item relating 

25 to section 5314 and inserting the following: 

‘‘5314. Technical assistance and workforce development.’’. 


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1 SEC. 3010. BICYCLE FACILITIES. 

2 Section 5319 of title 49, United States Code, is amend3 ed— 

4 (1) by striking ‘‘90 percent’’ and inserting ‘‘80 

5 percent’’; and 

6 (2) by striking ‘‘95 percent’’ and inserting ‘‘80 

7 percent’’. 

8 SEC. 3011. GENERAL PROVISIONS. 

9 Section 5323 of title 49, United States Code, is amend10 ed— 

11 (1) in subsection (h)— 

12 (A) in paragraph (1) by striking ‘‘or’’ at 

13 the end; 

14 (B) by redesignating paragraph (2) as 

15 paragraph (3); and 

16 (C) by inserting after paragraph (1) the fol17 lowing: 

18 ‘‘(2) pay incremental costs of incorporating art 

19 or landscaping into facilities, including the costs of 

20 an artist on the design team; or’’; 

21 (2) in subsection (i) by adding at the end the fol22 lowing: 

23 ‘‘(3) ACQUISITION OF BASE-MODEL BUSES.—A 

24 grant for the acquisition of a base-model bus for use 

25 in public transportation may be not more than 85 

26 percent of the net project cost.’’; 


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1 (3) in subsection (j)(2) by striking subparagraph 

2 (C) and inserting the following: 

3 ‘‘(C) when procuring rolling stock (includ4 ing train control, communication, and traction 

5 power equipment) under this chapter— 

6 ‘‘(i) the cost of components and sub7 components produced in the United 

8 States— 

9 ‘‘(I) for fiscal years 2016 and 

10 2017, is more than 60 percent of the 

11 cost of all components of the rolling 

12 stock; 

13 ‘‘(II) for fiscal years 2018 and 

14 2019, is more than 65 percent of the 

15 cost of all components of the rolling 

16 stock; and 

17 ‘‘(III) for fiscal year 2020 and 

18 each fiscal year thereafter, is more 

19 than 70 percent of the cost of all com20 ponents of the rolling stock; and 

21 ‘‘(ii) final assembly of the rolling stock 

22 has occurred in the United States; or’’; and 

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

24 ‘‘(s) VALUE CAPTURE REVENUE ELIGIBLE FOR LOCAL

25 SHARE.—A recipient of assistance under this chapter may 


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1 use the revenue generated from value capture financing 

2 mechanisms as local matching funds for capital projects 

3 and operating costs eligible under this chapter. 

4 ‘‘(t) SPECIAL CONDITION ON CHARTER BUS TRANS5 PORTATION SERVICE.—If, in a fiscal year, the Secretary is 

6 prohibited by law from enforcing regulations related to 

7 charter bus service under part 604 of title 49, Code of Fed8 eral Regulations, for any transit agency that during fiscal 

9 year 2008 was both initially granted a 60-day period to 

10 come into compliance with such part 604, and then was 

11 subsequently granted an exception from such part— 

12 ‘‘(1) the transit agency shall be precluded from 

13 receiving its allocation of urbanized area formula 

14 grant funds for that fiscal year; and 

15 ‘‘(2) any amounts withheld pursuant to para16 graph (1) shall be added to the amount that the Sec17 retary may apportion under section 5336 in the fol18 lowing fiscal year.’’. 

19 SEC. 3012. PUBLIC TRANSPORTATION SAFETY PROGRAM. 

20 Section 5329 of title 49, United States Code, is amend21 ed— 

22 (1) in subsection (b)(2)— 

23 (A) in subparagraph (C) by striking ‘‘and’’ 

24 at the end; 


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1 (B) by redesignating subparagraph (D) as 

2 subparagraph (E); and 

3 (C) by inserting after subparagraph (C) the 

4 following: 

5 ‘‘(D) minimum safety standards to ensure 

6 the safe operation of public transportation sys7 tems that— 

8 ‘‘(i) are not related to performance 

9 standards for public transportation vehicles 

10 developed under subparagraph (C); and 

11 ‘‘(ii) to the extent practicable, take into 

12 consideration— 

13 ‘‘(I) relevant recommendations of 

14 the National Transportation Safety 

15 Board; 

16 ‘‘(II) best practices standards de17 veloped by the public transportation 

18 industry; 

19 ‘‘(III) any minimum safety 

20 standards or performance criteria 

21 being implemented across the public 

22 transportation industry; 

23 ‘‘(IV) relevant recommendations 

24 from the report under section 3018 of 


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1 the Surface Transportation Reauthor2 ization and Reform Act of 2015; and 

3 ‘‘(V) any additional information 

4 that the Secretary determines necessary 

5 and appropriate;’’; 

6 (2) by striking subsection (f) and inserting the 

7 following: 

8 ‘‘(f) AUTHORITY OF SECRETARY.— 

9 ‘‘(1) IN GENERAL.—In carrying out this section, 

10 the Secretary may— 

11 ‘‘(A) conduct inspections, investigations, au12 dits, examinations, and testing of the equipment, 

13 facilities, rolling stock, and operations of the 

14 public transportation system of a recipient; 

15 ‘‘(B) make reports and issue directives with 

16 respect to the safety of the public transportation 

17 system of a recipient or the public transpor18 tation industry generally; 

19 ‘‘(C) in conjunction with an accident inves20 tigation or an investigation into a pattern or 

21 practice of conduct that negatively affects public 

22 safety, issue a subpoena to, and take the deposi23 tion of, any employee of a recipient or a State 

24 safety oversight agency, if— 


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1 ‘‘(i) before the issuance of the sub2 poena, the Secretary requests a determina3 tion by the Attorney General as to whether 

4 the subpoena will interfere with an ongoing 

5 criminal investigation; and 

6 ‘‘(ii) the Attorney General— 

7 ‘‘(I) determines that the subpoena 

8 will not interfere with an ongoing 

9 criminal investigation; or 

10 ‘‘(II) fails to make a determina11 tion under clause (i) before the date 

12 that is 30 days after the date on which 

13 the Secretary makes a request under 

14 clause (i); 

15 ‘‘(D) require the production of documents 

16 by, and prescribe recordkeeping and reporting 

17 requirements for, a recipient or a State safety 

18 oversight agency; 

19 ‘‘(E) investigate public transportation acci20 dents and incidents and provide guidance to re21 cipients regarding prevention of accidents and 

22 incidents; 

23 ‘‘(F) at reasonable times and in a reason24 able manner, enter and inspect relevant records 


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1 of the public transportation system of a recipi2 ent; and 

3 ‘‘(G) issue rules to carry out this section. 

4 ‘‘(2) ADDITIONAL AUTHORITY.— 

5 ‘‘(A) ADMINISTRATION OF STATE SAFETY

6 OVERSIGHT ACTIVITIES.—If the Secretary finds 

7 that a State safety oversight agency that oversees 

8 a rail fixed guideway system operating in more 

9 than 2 States has become incapable of providing 

10 adequate safety oversight of such system, the Sec11 retary may administer State safety oversight ac12 tivities for such rail fixed guideway system until 

13 the States develop a State safety oversight pro14 gram certified by the Secretary in accordance 

15 with subsection (e). 

16 ‘‘(B) FUNDING.—To carry out administra17 tive and oversight activities authorized by this 

18 paragraph, the Secretary may use— 

19 ‘‘(i) grant funds apportioned to an eli20 gible State under subsection (e)(6) to de21 velop or carry out a State safety oversight 

22 program; and 

23 ‘‘(ii) grant funds apportioned to an el24 igible State under subsection (e)(6) that 


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1 have not been obligated within the adminis2 trative period of availability.’’; 

3 (3) in subsection (g)(1)— 

4 (A) in the matter preceding subparagraph 

5 (A) by striking ‘‘an eligible State, as defined in 

6 subsection (e),’’ and inserting ‘‘a recipient’’; 

7 (B) in subparagraph (C) by striking ‘‘and’’ 

8 at the end; 

9 (C) in subparagraph (D) by striking the pe10 riod at the end and inserting ‘‘; or’’; and 

11 (D) by adding at the end the following: 

12 ‘‘(E) withholding not more than 25 percent 

13 of financial assistance under section 5307.’’; and 

14 (4) in subsection (g)(2)— 

15 (A) in subparagraph (A)— 

16 (i) by inserting after ‘‘funds’’ the fol17 lowing: ‘‘or withhold funds’’; and 

18 (ii) by inserting ‘‘or (1)(E)’’ after 

19 ‘‘paragraph (1)(D)’’; 

20 (B) by redesignating subparagraph (B) as 

21 subparagraph (C); and 

22 (C) by inserting after subparagraph (A) the 

23 following: 

24 ‘‘(B) LIMITATION.—The Secretary may only 

25 withhold funds in accordance with paragraph 


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1 (1)(E), if enforcement actions under subpara2 graph (A), (B), (C), or (D) did not bring the re3 cipient into compliance.’’. 

4 SEC. 3013. APPORTIONMENTS. 

5 Section 5336 of title 49, United States Code, is amend6 ed— 

7 (1) in subsection (a) in the matter preceding 

8 paragraph (1) by striking ‘‘subsection (h)(4)’’ and in9 serting ‘‘subsection (g)(5)’’; 

10 (2) in subsection (b)(2)(E) by striking ‘‘22.27 

11 percent’’ and inserting ‘‘27 percent’’; 

12 (3) by striking subsection (g) and redesignating 

13 subsections (h), (i), and (j) as subsections (g), (h), 

14 and (i), respectively; 

15 (4) in subsection (g) (as so redesignated)— 

16 (A) in paragraph (2) by striking ‘‘sub17 section (j)’’ and inserting ‘‘subsection (i)’’; and 

18 (B) by striking paragraph (3) and inserting 

19 the following: 

20 ‘‘(3) of amounts not apportioned under para21 graphs (1) and (2)— 

22 ‘‘(A) for fiscal years 2016 through 2018, 1.5 

23 percent shall be apportioned to urbanized areas 

24 with populations of less than 200,000 in accord25 ance with subsection (h); and 


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1 ‘‘(B) for fiscal years 2019 through 2021, 2 

2 percent shall be apportioned to urbanized areas 

3 with populations of less than 200,000 in accord4 ance with subsection (h);’’; 

5 (5) in subsection (h)(2)(A) (as so redesignated) 

6 by striking ‘‘subsection (h)(3)’’ and inserting ‘‘sub7 section (g)(3)’’; and 

8 (6) in subsection (i) (as so redesignated) by 

9 striking ‘‘subsection (h)(2)’’ and inserting ‘‘subsection 

10 (g)(2)’’. 

11 SEC. 3014. STATE OF GOOD REPAIR GRANTS. 

12 Section 5337 of title 49, United States Code, is amend13 ed— 

14 (1) in subsection (d)— 

15 (A) in paragraph (1) by striking ‘‘on a fa16 cility with access for other high-occupancy vehi17 cles’’ and inserting ‘‘on high-occupancy vehicle 

18 lanes during peak hours’’; 

19 (B) in paragraph (2) by inserting ‘‘vehicle’’ 

20 after ‘‘motorbus’’; and 

21 (C) by adding at the end the following: 

22 ‘‘(5) USE OF FUNDS.—A recipient in an urban23 ized area may use any portion of the amount appor24 tioned to the recipient under this subsection for high 

25 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 the 

9 net project cost of the project. The recipient may pro10 vide 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 trans15 portation services; 

16 ‘‘(B) from revenues derived from the sale of 

17 advertising and concessions; 

18 ‘‘(C) from an undistributed cash surplus, a 

19 replacement or depreciation cash fund or reserve, 

20 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 of 

24 Transportation) that are eligible to be expended 

25 for transportation.’’. 


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1 SEC. 3015. AUTHORIZATIONS. 

2 Section 5338 of title 49, United States Code, is amend3 ed to read as follows: 

4 ‘‘§ 5338. Authorizations 

5 ‘‘(a) FORMULA GRANTS.— 

6 ‘‘(1) IN GENERAL.—There shall be available from 

7 the Mass Transit Account of the Highway Trust Fund 

8 to carry out sections 5305, 5307, 5310, 5311, 5314(c), 

9 5318, 5335, 5337, 5339, and 5340, and section 

10 20005(b) of the Federal Public Transportation Act of 

11 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 made 

21 available under paragraph (1), there shall be 

22 available to carry out section 5305— 

23 ‘‘(i) $128,800,000 for fiscal year 2016; 

24 ‘‘(ii) $128,800,000 for fiscal year 2017; 

25 ‘‘(iii) $131,415,000 for fiscal year 

26 2018; 


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1 ‘‘(iv) $134,043,000 for fiscal year 2019; 

2 ‘‘(v) $136,775,000 for fiscal year 2020; 

3 and 

4 ‘‘(vi) $139,511,000 for fiscal year 2021. 

5 ‘‘(B) PILOT PROGRAM.—$10,000,000 for 

6 each of fiscal years 2016 through 2021, shall be 

7 available to carry out section 20005(b) of the 

8 Federal Public Transportation Act of 2012; 

9 ‘‘(C) SECTION 5307.—Of the amounts made 

10 available under paragraph (1), there shall be al11 located in accordance with section 5336 to pro12 vide financial assistance for urbanized areas 

13 under section 5307— 

14 ‘‘(i) $4,458,650,000 for fiscal year 

15 2016; 

16 ‘‘(ii) $4,458,650,000 for fiscal year 

17 2017; 

18 ‘‘(iii) $4,549,161,000 for fiscal year 

19 2018; 

20 ‘‘(iv) $4,640,144,000 for fiscal year 

21 2019; 

22 ‘‘(v) $4,734,724,000 for fiscal year 

23 2020; and 

24 ‘‘(vi) $4,829,418,000 for fiscal year 

25 2021. 


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1 ‘‘(D) SECTION 5310.—Of the amounts made 

2 available under paragraph (1), there shall be 

3 available to provide financial assistance for serv4 ices for the enhanced mobility of seniors and in5 dividuals with disabilities under section 5310— 

6 ‘‘(i) $262,175,000 for fiscal year 2016; 

7 ‘‘(ii) $266,841,000 for fiscal year 2017; 

8 ‘‘(iii) $272,258,000 for fiscal year 

9 2018; 

10 ‘‘(iv) $277,703,000 for fiscal year 2019; 

11 ‘‘(v) $283,364,000 for fiscal year 2020; 

12 and 

13 ‘‘(vi) $289,031,000 for fiscal year 2021. 

14 ‘‘(E) SECTION 5311.— 

15 ‘‘(i) IN GENERAL.—Of the amounts 

16 made available under paragraph (1), there 

17 shall be available to provide financial as18 sistance for rural areas under section 

19 5311— 

20 ‘‘(I) $607,800,000 for fiscal year 

21 2016; 

22 ‘‘(II) $607,800,000 for fiscal year 

23 2017; 

24 ‘‘(III) $620,138,000 for fiscal year 

25 2018; 


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1 ‘‘(IV) $632,541,000 for fiscal year 

2 2019; 

3 ‘‘(V) $645,434,000 for fiscal year 

4 2020; and 

5 ‘‘(VI) $658,343,000 for fiscal year 

6 2021. 

7 ‘‘(ii) SUBALLOCATION.—Of the 

8 amounts made available under clause (i)— 

9 ‘‘(I) there shall be available to 

10 carry out section 5311(c)(1) not less 

11 than $30,000,000 for each of fiscal 

12 years 2016 through 2021; and 

13 ‘‘(II) there shall be available to 

14 carry out section 5311(c)(2) not less 

15 than $20,000,000 for each of fiscal 

16 years 2016 through 2021. 

17 ‘‘(F) SECTION 5314(c).—Of the amounts 

18 made available under paragraph (1), there shall 

19 be available for the national transit institute 

20 under section 5314(c) $5,000,000 for each of fis21 cal years 2016 through 2021. 

22 ‘‘(G) SECTION 5318.—Of the amounts made 

23 available under paragraph (1), there shall be 

24 available for bus testing under section 5318 


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1 $3,000,000 for each of fiscal years 2016 through 

2 2021. 

3 ‘‘(H) SECTION 5335.—Of the amounts made 

4 available under paragraph (1), there shall be 

5 available to carry out section 5335 $3,850,000 

6 for each of fiscal years 2016 through 2021. 

7 ‘‘(I) SECTION 5337.—Of the amounts made 

8 available under paragraph (1), there shall be 

9 available to carry out section 5337— 

10 ‘‘(i) $2,198,389,000 for fiscal year 

11 2016; 

12 ‘‘(ii) $2,237,520,000 for fiscal year 

13 2017; 

14 ‘‘(iii) $2,282,941,000 for fiscal year 

15 2018; 

16 ‘‘(iv) $2,328,600,000 for fiscal year 

17 2019; 

18 ‘‘(v) $2,376,064,000 for fiscal year 

19 2020; and 

20 ‘‘(vi) $2,423,585,000 for fiscal year 

21 2021. 

22 ‘‘(J) SECTION 5339(c).—Of the amounts 

23 made available under paragraph (1), there shall 

24 be available for bus and bus facilities programs 

25 under section 5339(c)— 


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1 ‘‘(i) $430,000,000 for fiscal year 2016; 

2 ‘‘(ii) $431,850,000 for fiscal year 2017; 

3 ‘‘(iii) $445,120,000 for fiscal year 

4 2018; 

5 ‘‘(iv) $458,459,000 for fiscal year 2019; 

6 ‘‘(v) $472,326,000 for fiscal year 2020; 

7 and 

8 ‘‘(vi) $486,210,000 for fiscal year 2021. 

9 ‘‘(K) SECTION 5339(d).—Of the amounts 

10 made available under paragraph (1), there shall 

11 be available for bus and bus facilities competitive 

12 grants under 5339(d)— 

13 ‘‘(i) $90,000,000 for fiscal year 2016; 

14 and 

15 ‘‘(ii) $200,000,000 for each of fiscal 

16 years 2017 through 2021. 

17 ‘‘(L) SECTION 5340.—Of the amounts made 

18 available under paragraph (1), there shall be al19 located in accordance with section 5340 to pro20 vide financial assistance for urbanized areas 

21 under section 5307 and rural areas under section 

22 5311— 

23 ‘‘(i) $525,900,000 for fiscal year 2016; 

24 ‘‘(ii) $525,900,000 for fiscal year 2017; 


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1 ‘‘(iii) $536,576,000 for fiscal year 

2 2018; 

3 ‘‘(iv) $547,307,000 for fiscal year 2019; 

4 ‘‘(v) $558,463,000 for fiscal year 2020; 

5 and 

6 ‘‘(vi) $569,632,000 for fiscal year 2021. 

7 ‘‘(b) RESEARCH, DEVELOPMENT DEMONSTRATION AND

8 DEPLOYMENT PROJECTS.—There are authorized to be ap9 propriated to carry out section 5312— 

10 ‘‘(1) $33,495,000 for fiscal year 2016; 

11 ‘‘(2) $34,091,000 for fiscal year 2017; 

12 ‘‘(3) $34,783,000 for fiscal year 2018; 

13 ‘‘(4) $35,479,000 for fiscal year 2019; 

14 ‘‘(5) $36,202,000 for fiscal year 2020; and 

15 ‘‘(6) $36,926,000 for fiscal year 2021. 

16 ‘‘(c) TECHNICAL ASSISTANCE, STANDARDS, AND

17 WORKFORCE DEVELOPMENT.—There are authorized to be 

18 appropriated to carry out section 5314— 

19 ‘‘(1) $6,156,000 for fiscal year 2016; 

20 ‘‘(2) $8,152,000 for fiscal year 2017; 

21 ‘‘(3) $10,468,000 for fiscal year 2018; 

22 ‘‘(4) $12,796,000 for fiscal year 2019; 

23 ‘‘(5) $15,216,000 for fiscal year 2020; and 

24 ‘‘(6) $17,639,000 for fiscal year 2021. 


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1 ‘‘(d) CAPITAL INVESTMENT GRANTS.—There are au2 thorized to be appropriated to carry out section 5309— 

3 ‘‘(1) $2,029,000,000 for fiscal year 2016; 

4 ‘‘(2) $2,065,000,000 for fiscal year 2017; 

5 ‘‘(3) $2,106,000,000 for fiscal year 2018; 

6 ‘‘(4) $2,149,000,000 for fiscal year 2019; 

7 ‘‘(5) $2,193,000,000 for fiscal year 2020; and 

8 ‘‘(6) $2,237,000,000 for fiscal year 2021. 

9 ‘‘(e) ADMINISTRATION.— 

10 ‘‘(1) IN GENERAL.—There are authorized to be 

11 appropriated to carry out section 5334, $105,933,000 

12 for fiscal years 2016 through 2021. 

13 ‘‘(2) SECTION 5329.—Of the amounts authorized 

14 to be appropriated under paragraph (1), not less than 

15 $4,500,000 for each of fiscal years 2016 through 2021 

16 shall be available to carry out section 5329. 

17 ‘‘(3) SECTION 5326.—Of the amounts made avail18 able under paragraph (1), not less than $1,000,000 

19 for each of fiscal years 2016 through 2021 shall be 

20 available to carry out section 5326. 

21 ‘‘(f) PERIOD OF AVAILABILITY.—Amounts made avail22 able by or appropriated under this section shall remain 

23 available for obligation for a period of 3 years after the 

24 last day of the fiscal year for which the funds are author25 ized. 


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1 ‘‘(g) GRANTS AS CONTRACTUAL OBLIGATIONS.— 

2 ‘‘(1) GRANTS FINANCED FROM HIGHWAY TRUST

3 FUND.—A grant or contract that is approved by the 

4 Secretary and financed with amounts made available 

5 from the Mass Transit Account of the Highway Trust 

6 Fund pursuant to this section is a contractual obliga7 tion of the Government to pay the Government share 

8 of the cost of the project. 

9 ‘‘(2) GRANTS FINANCED FROM GENERAL FUND.— 

10 A grant or contract that is approved by the Secretary 

11 and financed with amounts appropriated in advance 

12 from the general fund of the Treasury pursuant to 

13 this section is a contractual obligation of the Govern14 ment to pay the Government share of the cost of the 

15 project only to the extent that amounts are appro16 priated for such purpose by an Act of Congress. 

17 ‘‘(h) OVERSIGHT.— 

18 ‘‘(1) IN GENERAL.—Of the amounts made avail19 able to carry out this chapter for a fiscal year, the 

20 Secretary may use not more than the following 

21 amounts for the activities described in paragraph (2): 

22 ‘‘(A) 0.5 percent of amounts made available 

23 to carry out section 5305. 

24 ‘‘(B) 0.75 percent of amounts made avail25 able to carry out section 5307. 


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1 ‘‘(C) 1 percent of amounts made available 

2 to carry out section 5309. 

3 ‘‘(D) 1 percent of amounts made available 

4 to carry out section 601 of the Passenger Rail 

5 Investment and Improvement Act of 2008 (Pub6 lic Law 110–432; 122 Stat. 4968). 

7 ‘‘(E) 0.5 percent of amounts made available 

8 to carry out section 5310. 

9 ‘‘(F) 0.5 percent of amounts made available 

10 to carry out section 5311. 

11 ‘‘(G) 0.75 percent of amounts made avail12 able to carry out section 5337(c), of which not 

13 less than 0.25 percent shall be available to carry 

14 out section 5329. 

15 ‘‘(H) 0.75 percent of amounts made avail16 able to carry out section 5339. 

17 ‘‘(2) ACTIVITIES.—The activities described in 

18 this paragraph are as follows: 

19 ‘‘(A) Activities to oversee the construction of 

20 a major capital project. 

21 ‘‘(B) Activities to review and audit the safe22 ty and security, procurement, management, and 

23 financial compliance of a recipient or sub24 recipient of funds under this chapter. 


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1 ‘‘(C) Activities to provide technical assist2 ance generally, and to provide technical assist3 ance to correct deficiencies identified in compli4 ance reviews and audits carried out under this 

5 section. 

6 ‘‘(3) GOVERNMENT SHARE OF COSTS.—The Gov7 ernment shall pay the entire cost of carrying out a 

8 contract under this subsection. 

9 ‘‘(4) AVAILABILITY OF CERTAIN FUNDS.—Funds 

10 made available under paragraph (1)(C) shall be 

11 available to the Secretary before allocating the funds 

12 appropriated to carry out any project under a full 

13 funding grant agreement.’’. 

14 SEC. 3016. BUS AND BUS FACILITY GRANTS. 

15 (a) IN GENERAL.—Section 5339 of title 49, United 

16 States Code, is amended to read as follows: 

17 ‘‘§ 5339. Bus and bus facility grants 

18 ‘‘(a) GENERAL AUTHORITY.—The Secretary may make 

19 grants under this section to assist eligible recipients de20 scribed in subsection (b)(1) in financing capital projects— 

21 ‘‘(1) to replace, rehabilitate, and purchase buses 

22 and related equipment; and 

23 ‘‘(2) to construct bus-related facilities. 

24 ‘‘(b) ELIGIBLE RECIPIENTS AND SUBRECIPIENTS.— 


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1 ‘‘(1) RECIPIENTS.—Eligible recipients under this 

2 section are designated recipients that operate fixed 

3 route bus service or that allocate funding to fixed 

4 route bus operators. 

5 ‘‘(2) SUBRECIPIENTS.—A designated recipient 

6 that receives a grant under this section may allocate 

7 amounts of the grant to subrecipients that are public 

8 agencies or private nonprofit organizations engaged 

9 in public transportation. 

10 ‘‘(c) FORMULA GRANT DISTRIBUTION OF FUNDS.— 

11 ‘‘(1) IN GENERAL.—Funds made available for 

12 making grants under this subsection shall be distrib13 uted as follows: 

14 ‘‘(A) NATIONAL DISTRIBUTION.— 

15 $65,500,000 for each of fiscal years 2016 through 

16 2021 shall be allocated to all States and terri17 tories, with each State receiving $1,250,000, and 

18 each territory receiving $500,000, for each such 

19 fiscal year. 

20 ‘‘(B) DISTRIBUTION USING POPULATION

21 AND SERVICE FACTORS.—The remainder of the 

22 funds not otherwise distributed under paragraph 

23 (1) shall be allocated pursuant to the formula set 

24 forth in section 5336 (other than subsection (b) 

25 of that section). 


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1 ‘‘(2) TRANSFERS OF APPORTIONMENTS.— 

2 ‘‘(A) TRANSFER FLEXIBILITY FOR NATIONAL

3 DISTRIBUTION FUNDS.—The Governor of a State 

4 may transfer any part of the State’s apportion5 ment under subparagraph (A) to supplement— 

6 ‘‘(i) amounts apportioned to the State 

7 under section 5311(c); or 

8 ‘‘(ii) amounts apportioned to urban9 ized areas under subsections (a) and (c) of 

10 section 5336. 

11 ‘‘(B) TRANSFER FLEXIBILITY FOR POPU12 LATION AND SERVICE FACTORS FUNDS.—The 

13 Governor of a State may expend in an urbanized 

14 area with a population of less than 200,000 any 

15 amounts apportioned under paragraph (1)(B) 

16 that are not allocated to designated recipients in 

17 urbanized areas with a population of 200,000 or 

18 more. 

19 ‘‘(3) PERIOD OF AVAILABILITY TO RECIPIENTS.— 

20 ‘‘(A) IN GENERAL.—Amounts made avail21 able under this subsection may be obligated by a 

22 recipient for 3 years after the fiscal year in 

23 which the amount is apportioned. 

24 ‘‘(B) REAPPORTIONMENT OF UNOBLIGATED

25 AMOUNTS.—Not later than 30 days after the end 


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1 of the 3-year period described in subparagraph 

2 (A), any amount that is not obligated on the last 

3 day of that period shall be added to the amount 

4 that may be apportioned under this subsection in 

5 the next fiscal year. 

6 ‘‘(4) PILOT PROGRAM FOR COST-EFFECTIVE CAP7 ITAL INVESTMENT.— 

8 ‘‘(A) IN GENERAL.—For each of fiscal years 

9 2016 through 2021, the Secretary shall carry out 

10 a pilot program under which an eligible des11 ignated recipient (as described in subsection 

12 (c)(1)) in an urbanized area with population of 

13 not less than 200,000 and not more than 999,999 

14 may elect to participate in a State pool in ac15 cordance with this paragraph. 

16 ‘‘(B) PURPOSE OF STATE POOLS.—The pur17 pose of a State pool shall be to allow for trans18 fers of formula grant funds made available under 

19 this subsection among the designated recipients 

20 participating in the State pool in a manner that 

21 supports the transit asset management plans of 

22 the designated recipients under section 5326. 

23 ‘‘(C) REQUESTS FOR PARTICIPATION.—A 

24 State, and designated recipients in the State de25 scribed in subparagraph (A), may submit to the 


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1 Secretary a request for participation in the pro2 gram under procedures to be established by the 

3 Secretary. A designated recipient for a 

4 multistate area may participate in only 1 State 

5 pool. 

6 ‘‘(D) ALLOCATIONS TO PARTICIPATING

7 STATES.—For each fiscal year, the Secretary 

8 shall allocate to each State participating in the 

9 program the total amount of funds that other10 wise would be allocated to the urbanized areas of 

11 the designated recipients participating in the 

12 State’s pool for that fiscal year pursuant to the 

13 formula referred to in paragraph (1). 

14 ‘‘(E) ALLOCATIONS TO DESIGNATED RECIPI15 ENTS IN STATE POOLS.—A State shall distribute 

16 the amount that is allocated to the State for a 

17 fiscal year under subparagraph (D) among the 

18 designated recipients participating in the State’s 

19 pool in a manner that supports the transit asset 

20 management plans of the recipients under sec21 tion 5326. 

22 ‘‘(F) ALLOCATION PLANS.—A State partici23 pating in the program shall develop an alloca24 tion plan for the period of fiscal years 2016 

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1 ent participating in the State’s pool receives 

2 under the program an amount of funds that 

3 equals the amount of funds that would have oth4 erwise been available to the designated recipient 

5 for that period pursuant to the formula referred 

6 to in paragraph (1). 

7 ‘‘(G) GRANTS.—The Secretary shall make 

8 grants under this subsection for a fiscal year to 

9 a designated recipient participating in a State 

10 pool following notification by the State of the al11 location amount determined under subparagraph 

12 (E). 

13 ‘‘(d) COMPETITIVE GRANTS FOR BUS STATE OF GOOD

14 REPAIR.— 

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

16 grants under this subsection to eligible recipients de17 scribed in subsection (b)(1) to assist in financing cap18 ital projects described in subsection (a). 

19 ‘‘(2) GRANT CONSIDERATIONS.—In making 

20 grants under this subsection, the Secretary shall con21 sider the age and condition of buses, bus fleets, related 

22 equipment, and bus-related facilities of an eligible re23 cipient. 

24 ‘‘(3) STATEWIDE APPLICATIONS.—A State may 

25 submit a statewide application on behalf of a public 


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1 agency or private nonprofit organization engaged in 

2 public transportation in rural areas or other areas 

3 for which the State allocates funds. The submission of 

4 a statewide application shall not preclude the submis5 sion and consideration of any application under this 

6 subsection from other eligible recipients in an urban7 ized area in a State. 

8 ‘‘(4) REQUIREMENTS FOR SECRETARY.—The Sec9 retary shall— 

10 ‘‘(A) disclose all metrics and evaluation 

11 procedures to be used in considering grant appli12 cations under this subsection upon issuance of 

13 the notice of funding availability in the Federal 

14 Register; and 

15 ‘‘(B) publish a summary of final scores for 

16 selected projects, metrics, and other evaluations 

17 used in awarding grants under this subsection in 

18 the Federal Register. 

19 ‘‘(5) AVAILABILITY OF FUNDS.—Any amounts 

20 made available to carry out this subsection— 

21 ‘‘(A) shall remain available for 2 fiscal 

22 years after the fiscal year for which the amount 

23 is made available; and 


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1 ‘‘(B) following the period of availability 

2 shall be made available to be apportioned under 

3 subsection (c) for the following fiscal year. 

4 ‘‘(6) LIMITATION.—Of the amounts made avail5 able under this subsection, not more than 15 percent 

6 in fiscal year 2016 and not more than 5 percent in 

7 each of fiscal years 2017 through 2021 may be award8 ed to a single recipient. 

9 ‘‘(7) GRANT FLEXIBILITY.—If the Secretary de10 termines that there are not sufficient grant applica11 tions that meet the metrics described in paragraph 

12 (4)(A) to utilize the full amount of funds made avail13 able to carry out this subsection for a fiscal year, the 

14 Secretary may use the remainder of the funds for 

15 making apportionments under sections 5307 and 

16 5311. 

17 ‘‘(e) GENERALLY APPLICABLE PROVISIONS.— 

18 ‘‘(1) GRANT REQUIREMENTS.—A grant under 

19 this section shall be subject to the requirements of— 

20 ‘‘(A) section 5307 for recipients of grants 

21 made in urbanized areas; and 

22 ‘‘(B) section 5311 for recipients of grants 

23 made in rural areas. 

24 ‘‘(2) GOVERNMENT’S SHARE OF COSTS.— 


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1 ‘‘(A) CAPITAL PROJECTS.—A grant for a 

2 capital project under this section shall be for 80 

3 percent of the net capital costs of the project. A 

4 recipient of a grant under this section may pro5 vide additional local matching amounts. 

6 ‘‘(B) REMAINING COSTS.—The remainder of 

7 the net project cost shall be provided— 

8 ‘‘(i) in cash from non-Government 

9 sources other than revenues from providing 

10 public transportation services; 

11 ‘‘(ii) from revenues derived from the 

12 sale of advertising and concessions; 

13 ‘‘(iii) from an undistributed cash sur14 plus, a replacement or depreciation cash 

15 fund or reserve, or new capital; or 

16 ‘‘(iv) from amounts received under a 

17 service agreement with a State or local so18 cial service agency or private social service 

19 organization. 

20 ‘‘(f) DEFINITIONS.—In this section, the following defi21 nitions apply: 

22 ‘‘(1) STATE.—The term ‘State’ means a State of 

23 the United States. 

24 ‘‘(2) TERRITORY.—The term ‘territory’ means 

25 the District of Columbia, Puerto Rico, the Northern 


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1 Mariana Islands, Guam, American Samoa, and the 

2 United States Virgin Islands.’’. 

3 (b) CLERICAL AMENDMENT.—The analysis for chapter 

4 53 of title 49, United States Code, is amended by striking 

5 the item relating to section 5339 and inserting the fol6 lowing: 

‘‘5339. Bus and bus facility grants.’’. 

7 SEC. 3017. OBLIGATION CEILING. 

8 Notwithstanding any other provision of law, the total 

9 of all obligations from amounts made available from the 

10 Mass Transit Account of the Highway Trust Fund by sub11 section (a) of section 5338 of title 49, United States Code, 

12 shall not exceed— 

13 (1) $8,724,000,000 in fiscal year 2016; 

14 (2) $8,879,000,000 in fiscal year 2017; 

15 (3) $9,059,000,000 in fiscal year 2018; 

16 (4) $9,240,000,000 in fiscal year 2019; 

17 (5) $9,429,000,000 in fiscal year 2020; and 

18 (6) $9,618,000,000 in fiscal year 2021. 

19 SEC. 3018. INNOVATIVE PROCUREMENT. 

20 (a) DEFINITIONS.—In this section, the following defi21 nitions apply: 

22 (1) COOPERATIVE PROCUREMENT CONTRACT.— 

23 The term ‘‘cooperative procurement contract’’ means 

24 a contract— 


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1 (A) entered into between a State govern2 ment and 1 or more vendors; and 

3 (B) under which the vendors agree to pro4 vide an option to purchase rolling stock and re5 lated equipment to multiple participants. 

6 (2) LEAD PROCUREMENT AGENCY.—The term 

7 ‘‘lead procurement agency’’ means a State govern8 ment that acts in an administrative capacity on be9 half of each participant in a cooperative procurement 

10 contract. 

11 (3) PARTICIPANT.—The term ‘‘participant’’ 

12 means a grantee that participates in a cooperative 

13 procurement contract. 

14 (4) PARTICIPATE.—The term ‘‘participate’’ 

15 means to purchase rolling stock and related equip16 ment under a cooperative procurement contract using 

17 assistance provided under chapter 53 of title 49, 

18 United States Code. 

19 (5) GRANTEE.—The term ‘‘grantee’’ means a re20 cipient and subrecipient of assistance under chapter 

21 53 of title 49, United States Code. 

22 (b) COOPERATIVE PROCUREMENT.— 

23 (1) GENERAL RULES.— 

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1 pate in a cooperative procurement contract with2 out regard to whether the grantee is located in 

3 the same State as the parties to the contract. 

4 (B) VOLUNTARY PARTICIPATION.—Partici5 pation by grantees in a cooperative procurement 

6 contract shall be voluntary. 

7 (2) AUTHORITY.—A State government may enter 

8 into a cooperative procurement contract with 1 or 

9 more vendors if the vendors agree to provide an op10 tion to purchase rolling stock and related equipment 

11 to the lead procurement agency and any other partic12 ipant. 

13 (3) APPLICABILITY OF POLICIES AND PROCE14 DURES.—In procuring rolling stock and related 

15 equipment under a cooperative procurement contract 

16 under this subsection, a lead procurement agency 

17 shall comply with the policies and procedures that 

18 apply to procurement by the State government when 

19 using non-Federal funds, to the extent that the poli20 cies and procedures are in conformance with applica21 ble Federal law. 

22 (c) JOINT PROCUREMENT CLEARINGHOUSE.— 

23 (1) IN GENERAL.—The Secretary shall establish 

24 a clearinghouse for the purpose of allowing grantees 


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1 to aggregate planned rolling stock purchases and 

2 identify joint procurement participants. 

3 (2) INFORMATION ON PROCUREMENTS.—The 

4 clearinghouse may include information on bus size, 

5 engine type, floor type, and any other attributes nec6 essary to identify joint procurement participants. 

7 (3) LIMITATIONS.— 

8 (A) ACCESS.—The clearinghouse shall only 

9 be accessible to the Federal Transit Administra10 tion and grantees. 

11 (B) PARTICIPATION.—No grantees shall be 

12 required to submit procurement information to 

13 the database. 

14 SEC. 3019. REVIEW OF PUBLIC TRANSPORTATION SAFETY 

15 STANDARDS. 

16 (1) REVIEW REQUIRED.— 

17 (A) IN GENERAL.—Not later than 90 days 

18 after the date of enactment of this Act, the Sec19 retary shall begin a review of the safety stand20 ards and protocols used in public transportation 

21 systems in the United States that examines the 

22 efficacy of existing standards and protocols. 

23 (B) CONTENTS OF REVIEW.—In conducting 

24 the review under this paragraph, the Secretary 

25 shall review— 


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1 (i) minimum safety performance 

2 standards developed by the public transpor3 tation 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 preparedness 

20 training, drills, and familiariza21 tion programs for the first re22 sponders; and 

23 (bb) the scheduling of regular 

24 field exercises to ensure appro25 priate response and effective radio 


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1 and public safety communica2 tions; 

3 (IV) maintenance, testing, and in4 spection programs to ensure the proper 

5 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 assault; 

9 (II) scheduling fixed route rail 

10 and bus service with adequate time 

11 and access for operators to use rest12 room facilities; 

13 (III) fatigue management; and 

14 (IV) crash avoidance and worthi15 ness. 

16 (2) EVALUATION.—After conducting the review 

17 under paragraph (1), the Secretary shall, in consulta18 tion with representatives of the public transportation 

19 industry, evaluate the need to establish additional 

20 Federal minimum public transportation safety stand21 ards. 

22 (3) REPORT.—After completing the review and 

23 evaluation required under paragraphs (1) and (2), 

24 but not later than 1 year after the date of enactment 


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1 of this Act, the Secretary shall make available on a 

2 publicly accessible Web site, a report that includes— 

3 (A) findings based on the review conducted 

4 under paragraph (1); 

5 (B) the outcome of the evaluation conducted 

6 under paragraph (2); 

7 (C) a comprehensive set of recommendations 

8 to improve the safety of the public transportation 

9 industry, including recommendations for statu10 tory changes if applicable; and 

11 (D) actions that the Secretary will take to 

12 address the recommendations provided under 

13 subparagraph (C), including, if necessary, the 

14 authorities under section 5329(b)(2)(D) of chap15 ter 53 of title 49, United States Code. 

16 SEC. 3020. STUDY ON EVIDENTIARY PROTECTION FOR PUB17 LIC TRANSPORTATION SAFETY PROGRAM IN18 FORMATION. 

19 (a) STUDY.—The Comptroller General shall complete 

20 a study to evaluate whether it is in the public interest, in21 cluding public safety and the legal rights of persons injured 

22 in public transportation accidents, to withhold from dis23 covery or admission into evidence in a Federal or State 

24 court proceeding any plan, report, data, or other informa25 tion or portion thereof, submitted to, developed, produced, 


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1 collected, or obtained by the Secretary or the Secretary’s 

2 representative for purposes of complying with the require3 ments under section 5329 of chapter 53 of title 49, United 

4 States Code, including information related to a recipient’s 

5 safety plan, safety risks, and mitigation measures. 

6 (b) INPUT.—In conducting the study under subsection 

7 (a), the Comptroller General shall solicit input from the 

8 public transportation recipients, public transportation non9 profit employee labor organizations, and impacted members 

10 of the general public. 

11 (c) REPORT.—Not later than 18 months after the date 

12 of enactment of this section, the Comptroller General shall 

13 issue a report, with the findings of the study under sub14 section (a), including any recommendations on statutory 

15 changes regarding evidentiary protections that will increase 

16 transit safety. 

17 SEC. 3021. MOBILITY OF SENIORS AND INDIVIDUALS WITH 

18 DISABILITIES. 

19 (a) DEFINITIONS.—In this section, the following defi20 nitions apply: 

21 (1) ALLOCATED COST MODEL.—The term ‘‘allo22 cated cost model’’ means a method of determining the 

23 cost of trips by allocating the cost to each trip pur24 pose served by a transportation provider in a manner 

25 that is proportional to the level of transportation 


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1 service that the transportation provider delivers for 

2 each trip purpose, to the extent permitted by applica3 ble Federal laws. 

4 (2) COUNCIL.—The term ‘‘Council’’ means the 

5 Interagency Transportation Coordinating Council on 

6 Access and Mobility established under Executive 

7 Order 13330 (49 U.S.C. 101 note). 

8 (b) STRATEGIC PLAN.—Not later than 1 year after the 

9 date of enactment of this Act, the Council shall publish a 

10 strategic plan for the Council that— 

11 (1) outlines the role and responsibilities of each 

12 Federal agency with respect to local transportation 

13 coordination, including nonemergency medical trans14 portation; 

15 (2) identifies a strategy to strengthen inter16 agency collaboration; 

17 (3) addresses any outstanding recommendations 

18 made by the Council in the 2005 Report to the Presi19 dent relating to the implementation of Executive 

20 Order 13330, including— 

21 (A) a cost-sharing policy endorsed by the 

22 Council; and 

23 (B) recommendations to increase participa24 tion by recipients of Federal grants in locally de25 veloped, coordinated planning processes; 


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1 (4) to the extent feasible, addresses recommenda2 tions by the Comptroller General of the United States 

3 concerning local coordination of transportation serv4 ices; 

5 (5) examines and proposes changes to Federal 

6 regulations that will eliminate Federal barriers to 

7 local transportation coordination, including non8 emergency medical transportation; and 

9 (6) recommends to Congress changes to Federal 

10 laws, except chapter 53 of title 49, United States 

11 Code, that will eliminate Federal barriers to local 

12 transportation coordination, including nonemergency 

13 medical transportation. 

14 (c) DEVELOPMENT OF COST-SHARING POLICY IN COM15 PLIANCE WITH APPLICABLE FEDERAL LAWS.—In estab16 lishing the cost-sharing policy required under subsection 

17 (b), the Council may consider, to the extent practicable— 

18 (1) the development of recommended strategies 

19 for grantees of programs funded by members of the 

20 Council, including strategies for grantees of programs 

21 that fund nonemergency medical transportation, to 

22 use the cost-sharing policy in a manner that does not 

23 violate applicable Federal laws; and 

24 (2) incorporation of an allocated cost model to 

25 facilitate local coordination efforts that comply with 


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1 applicable requirements of programs funded by mem2 bers of the Council, such as— 

3 (A) eligibility requirements; 

4 (B) service delivery requirements; and 

5 (C) reimbursement requirements. 

6 SEC. 3022. IMPROVED TRANSIT SAFETY MEASURES. 

7 (a) REQUIREMENTS.—Not later than 90 days after 

8 publication of the report required in section 3019, the Sec9 retary shall issue a notice of proposed rulemaking on pro10 tecting transit operators from the risk of assault. 

11 (b) CONSIDERATION.—In the proposed rulemaking the 

12 Secretary shall consider— 

13 (1) different safety needs of drivers of different 

14 modes; 

15 (2) differences in operating environments; 

16 (3) the use of technology to mitigate driver as17 sault risks; 

18 (4) existing experience, from both agencies and 

19 operators who already are using or testing driver as20 sault mitigation infrastructure; and 

21 (5) the impact of the rule on future rolling stock 

22 procurements and vehicles currently in revenue serv23 ice. 

24 (c) SAVINGS CLAUSE.—Nothing in this section may be 

25 construed as prohibiting the Secretary from issuing difVerDate Sep 11 2014 20:27 Oct 29, 2015 Jkt 059200 PO 00000 Frm 00307 Fmt 6652 Sfmt 6203 E:\BILLS\H3763.RH H3763

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1 ferent comprehensive worker protections, including stand2 ards for mitigating assaults. 

3 SEC. 3023. PARATRANSIT SYSTEM UNDER FTA APPROVED 

4 COORDINATED PLAN. 

5 Notwithstanding the provisions of part 37.131(c) of 

6 title 49, Code of Federal Regulations, any paratransit sys7 tem currently coordinating complementary paratransit 

8 service for more than 40 fixed route agencies shall be per9 mitted to continue using an existing tiered, distance-based 

10 coordinated paratransit fare system. 

11 TITLE IV—HIGHWAY SAFETY 

12 SEC. 4001. AUTHORIZATION OF APPROPRIATIONS. 

13 (a) IN GENERAL.—The following sums are authorized 

14 to be appropriated out of the Highway Trust Fund (other 

15 than the Mass Transit Account): 

16 (1) HIGHWAY SAFETY PROGRAMS.—For carrying 

17 out section 402 of title 23, United States Code— 

18 (A) $260,274,200 for fiscal year 2016; 

19 (B) $265,935,829 for fiscal year 2017; 

20 (C) $271,787,002 for fiscal year 2018; 

21 (D) $278,090,300 for fiscal year 2019; 

22 (E) $284,874,829 for fiscal year 2020; and 

23 (F) $291,195,558 for fiscal year 2021. 


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1 (2) HIGHWAY SAFETY RESEARCH AND DEVELOP2 MENT.—For carrying out section 403 of title 23, 

3 United States Code— 

4 (A) $115,951,600 for fiscal year 2016; 

5 (B) $118,398,179 for fiscal year 2017; 

6 (C) $121,665,968 for fiscal year 2018; 

7 (D) $124,926,616 for fiscal year 2019; 

8 (E) $128,187,201 for fiscal year 2020; and 

9 (F) $131,455,975 for fiscal year 2021. 

10 (3) NATIONAL PRIORITY SAFETY PROGRAMS.— 

11 For carrying out section 405 of title 23, United States 

12 Code— 

13 (A) $275,862,400 for fiscal year 2016; 

14 (B) $281,186,544 for fiscal year 2017; 

15 (C) $286,500,970 for fiscal year 2018; 

16 (D) $292,316,940 for fiscal year 2019; 

17 (E) $298,601,754 for fiscal year 2020; and 

18 (F) $304,394,628 for fiscal year 2021. 

19 (4) NATIONAL DRIVER REGISTER.—For the Na20 tional Highway Traffic Safety Administration to 

21 carry out chapter 303 of title 49, United States 

22 Code— 

23 (A) $5,000,000 for fiscal year 2016; 

24 (B) $5,000,000 for fiscal year 2017; 

25 (C) $5,000,000 for fiscal year 2018; 


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1 (D) $5,000,000 for fiscal year 2019; 

2 (E) $5,000,000 for fiscal year 2020; and 

3 (F) $5,000,000 for fiscal year 2021. 

4 (5) HIGH-VISIBILITY ENFORCEMENT PROGRAM.— 

5 For carrying out section 404 of title 23, United States 

6 Code— 

7 (A) $29,411,800 for fiscal year 2016; 

8 (B) $29,979,448 for fiscal year 2017; 

9 (C) $30,546,059 for fiscal year 2018; 

10 (D) $31,166,144 for fiscal year 2019; 

11 (E) $31,836,216 for fiscal year 2020; and 

12 (F) $32,453,839 for fiscal year 2021. 

13 (6) ADMINISTRATIVE EXPENSES.—For adminis14 trative and related operating expenses of the National 

15 Highway Traffic Safety Administration in carrying 

16 out chapter 4 of title 23, United States Code, and this 

17 title— 

18 (A) $25,500,000 for fiscal year 2016; 

19 (B) $25,500,000 for fiscal year 2017; 

20 (C) $25,500,000 for fiscal year 2018; 

21 (D) $25,500,000 for fiscal year 2019; 

22 (E) $25,500,000 for fiscal year 2020; and 

23 (F) $25,500,000 for fiscal year 2021. 

24 (b) PROHIBITION ON OTHER USES.—Except as other25 wise provided in chapter 4 of title 23, United States Code, 


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1 and chapter 303 of title 49, United States Code, the 

2 amounts made available from the Highway Trust Fund 

3 (other than the Mass Transit Account) for a program under 

4 such chapters— 

5 (1) shall only be used to carry out such program; 

6 and 

7 (2) may not be used by States or local govern8 ments for construction purposes. 

9 (c) APPLICABILITY OF TITLE 23.—Except as otherwise 

10 provided in chapter 4 of title 23, United States Code, and 

11 chapter 303 of title 49, United States Code, amounts made 

12 available under subsection (a) for fiscal years 2016 through 

13 2021 shall be available for obligation in the same manner 

14 as if such funds were apportioned under chapter 1 of title 

15 23, United States Code. 

16 (d) STATE MATCHING REQUIREMENTS.—If a grant 

17 awarded under chapter 4 of title 23, United States Code, 

18 requires a State to share in the cost, the aggregate of all 

19 expenditures for highway safety activities made during a 

20 fiscal year by the State and its political subdivisions (exclu21 sive of Federal funds) for carrying out the grant (other than 

22 planning and administration) that are in excess of the 

23 amount required under Federal law shall be available for 

24 the purpose of crediting the State during such fiscal year 

25 for the non-Federal share of the cost of any other project 


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1 carried out under chapter 4 of title 23, United States Code 

2 (other than planning or administration), without regard to 

3 whether such expenditures were made in connection with 

4 such project. 

5 (e) GRANT APPLICATION AND DEADLINE.—To receive 

6 a grant under chapter 4 of title 23, United States Code, 

7 a State shall submit an application, and the Secretary shall 

8 establish a single deadline for such applications to enable 

9 the award of grants early in the next fiscal year. 

10 SEC. 4002. HIGHWAY SAFETY PROGRAMS. 

11 Section 402 of title 23, United States Code, is amend12 ed— 

13 (1) in subsection (a)(2)(A)— 

14 (A) in clause (vi) by striking ‘‘and’’ at the 

15 end; 

16 (B) in clause (vii) by inserting ‘‘and’’ after 

17 the semicolon; and 

18 (C) by adding at the end the following: 

19 ‘‘(viii) to increase driver awareness of 

20 commercial motor vehicles to prevent crash21 es and reduce injuries and fatalities;’’; 

22 (2) in subsection (c)(4), by adding at the end the 

23 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 Web site of the Department of Transpor4 tation that includes— 

5 ‘‘(i) a list of automated traffic enforce6 ment 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 of 

23 funds for highway construction, maintenance, or design 

24 (other than design of safety features of highways to be incor25 porated 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 fol6 lowing: 

7 ‘‘(3) ELECTRONIC SUBMISSION.—The Secretary, 

8 in coordination with the Governors Highway Safety 

9 Association, shall develop procedures to allow States 

10 to submit highway safety plans under this subsection, 

11 including any attachments to the plans, in electronic 

12 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 com18 mercial motor vehicles to prevent crashes 

19 and reduce injuries and fatalities; and’’. 

20 SEC. 4003. HIGHWAY SAFETY RESEARCH AND DEVELOP21 MENT. 

22 Section 403 of title 23, United States Code, is amend23 ed— 

24 (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) the 

6 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 for 

16 each of fiscal years 2016 through 2021, from funds 

17 made available to carry out this section, except that 

18 the total obligated for the period covering fiscal years 

19 2016 through 2021 may not exceed $32,000,000, to 

20 conduct the research described in paragraph (1).’’; 

21 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 guide25 lines to ensure that any person participating in a program 


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1 or activity that collects data on drug or alcohol use by driv2 ers of motor vehicles and is carried out under this section 

3 is informed that the program or activity is voluntary. 

4 ‘‘(j) FEDERAL SHARE.—The Federal share of the cost 

5 of any project or activity carried out under this section may 

6 be not more than 100 percent.’’. 

7 SEC. 4004. HIGH-VISIBILITY ENFORCEMENT PROGRAM. 

8 (a) IN GENERAL.—Section 404 of title 23, United 

9 States Code, is amended to read as follows: 

10 ‘‘§ 404. High visibility enforcement program 

11 ‘‘(a) IN GENERAL.—The Administrator of the National 

12 Highway Traffic Safety Administration shall establish and 

13 administer a program under which not less than 3 cam14 paigns will be carried out in each of fiscal years 2016 

15 through 2021. 

16 ‘‘(b) PURPOSE.—The purpose of each campaign car17 ried out under this section shall be to achieve outcomes re18 lated to not less than 1 of the following objectives: 

19 ‘‘(1) Reduce alcohol-impaired or drug-impaired 

20 operation of motor vehicles. 

21 ‘‘(2) Increase use of seatbelts by occupants of 

22 motor vehicles. 

23 ‘‘(3) Reduce distracted driving of motor vehicles. 

24 ‘‘(c) ADVERTISING.—The Administrator may use, or 

25 authorize the use of, funds available to carry out this section 


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1 to pay for the development, production, and use of broadcast 

2 and print media advertising and Internet-based outreach 

3 in carrying out campaigns under this section. Consider4 ation shall be given to advertising directed at non-English 

5 speaking populations, including those who listen to, read, 

6 or watch nontraditional media. 

7 ‘‘(d) COORDINATION WITH STATES.—The Adminis8 trator shall coordinate with States in carrying out the cam9 paigns under this section, including advertising funded 

10 under subsection (c), with consideration given to— 

11 ‘‘(1) relying on States to provide law enforce12 ment resources for the campaigns out of funding 

13 available under sections 402 and 405; and 

14 ‘‘(2) providing out of National Highway Traffic 

15 Safety Administration resources most of the means 

16 necessary for national advertising and education ef17 forts associated with the campaigns. 

18 ‘‘(e) USE OF FUNDS.—Funds made available to carry 

19 out this section may only be used for activities described 

20 in subsection (c). 

21 ‘‘(f) DEFINITIONS.—In this section, the following defi22 nitions apply: 

23 ‘‘(1) CAMPAIGN.—The term ‘campaign’ means a 

24 high-visibility traffic safety law enforcement cam25 paign. 


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1 ‘‘(2) STATE.—The term ‘State’ has the meaning 

2 such term has under section 401.’’. 

3 (b) CLERICAL AMENDMENT.—The analysis for chapter 

4 4 of title 23, United States Code, is amended by striking 

5 the item relating to section 404 and inserting the following: 

‘‘404. High-visibility enforcement program.’’. 

6 SEC. 4005. NATIONAL PRIORITY SAFETY PROGRAMS. 

7 (a) GENERAL AUTHORITY.—Section 405(a) of title 23, 

8 United States Code, is amended to read as follows: 

9 ‘‘(a) GENERAL AUTHORITY.—Subject to the require10 ments of this section, the Secretary of Transportation shall 

11 manage programs to address national priorities for reduc12 ing highway deaths and injuries. Funds shall be allocated 

13 according to the following: 

14 ‘‘(1) OCCUPANT PROTECTION.—In each fiscal 

15 year, 13 percent of the funds provided under this sec16 tion shall be allocated among States that adopt and 

17 implement effective occupant protection programs to 

18 reduce highway deaths and injuries resulting from in19 dividuals riding unrestrained or improperly re20 strained in motor vehicles (as described in subsection 

21 (b)). 

22 ‘‘(2) STATE TRAFFIC SAFETY INFORMATION SYS23 TEM IMPROVEMENTS.—In each fiscal year, 14.5 per24 cent of the funds provided under this section shall be 

25 allocated among States that meet requirements with 


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1 respect to State traffic safety information system im2 provements (as described in subsection (c)). 

3 ‘‘(3) IMPAIRED DRIVING COUNTERMEASURES.— 

4 In each fiscal year, 52.5 percent of the funds provided 

5 under this section shall be allocated among States 

6 that meet requirements with respect to impaired driv7 ing countermeasures (as described in subsection (d)). 

8 ‘‘(4) DISTRACTED DRIVING.—In each fiscal year, 

9 8.5 percent of the funds provided under this section 

10 shall be allocated among States that adopt and imple11 ment effective laws to reduce distracted driving (as 

12 described in subsection (e)). 

13 ‘‘(5) MOTORCYCLIST SAFETY.—In each fiscal 

14 year, 1.5 percent of the funds provided under this sec15 tion shall be allocated among States that implement 

16 motorcyclist safety programs (as described in sub17 section (f)). 

18 ‘‘(6) STATE GRADUATED DRIVER LICENSING

19 LAWS.—In each fiscal year, 5 percent of the funds 

20 provided under this section shall be allocated among 

21 States that adopt and implement graduated driver li22 censing laws (as described in subsection (g)). 

23 ‘‘(7) NONMOTORIZED SAFETY.—In each fiscal 

24 year, 5 percent of the funds provided under this sec25 tion shall be allocated among States that meet reVerDate Sep 11 2014 20:27 Oct 29, 2015 Jkt 059200 PO 00000 Frm 00319 Fmt 6652 Sfmt 6203 E:\BILLS\H3763.RH H3763

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1 quirements with respect to nonmotorized safety (as 

2 described in subsection (h)). 

3 ‘‘(8) TRANSFERS.—Notwithstanding paragraphs 

4 (1) through (7), the Secretary may reallocate, before 

5 the last day of any fiscal year, any amounts remain6 ing available to carry out any of the activities de7 scribed in subsections (b) through (h) to increase the 

8 amount made available under section 402, in order to 

9 ensure, to the maximum extent possible, that all such 

10 amounts are obligated during such fiscal year. 

11 ‘‘(9) MAINTENANCE OF EFFORT.— 

12 ‘‘(A) REQUIREMENTS.—No grant may be 

13 made to a State in any fiscal year under sub14 section (b), (c), or (d) unless the State enters into 

15 such agreements with the Secretary as the Sec16 retary may require to ensure that the State will 

17 maintain its aggregate expenditures from all 

18 State and local sources for programs described in 

19 those subsections at or above the average level of 

20 such expenditures in the 2 fiscal years preceding 

21 the date of enactment of this paragraph. 

22 ‘‘(B) WAIVER.—Upon the request of a State, 

23 the Secretary may waive or modify the require24 ments under subparagraph (A) for not more 

25 than 1 fiscal year if the Secretary determines 


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1 that such a waiver would be equitable due to ex2 ceptional or uncontrollable circumstances.’’. 

3 (b) HIGH SEATBELT USE RATE.—Section 

4 405(b)(4)(B) of title 23, United States Code, is amended 

5 by striking ‘‘75 percent’’ and inserting ‘‘100 percent’’. 

6 (c) IMPAIRED DRIVING COUNTERMEASURES.—Section 

7 405(d) of title 23, United States Code, is amended— 

8 (1) by striking paragraph (4) and inserting the 

9 following: 

10 ‘‘(4) USE OF GRANT AMOUNTS.— 

11 ‘‘(A) REQUIRED PROGRAMS.—High-range 

12 States shall use grant funds for— 

13 ‘‘(i) high-visibility enforcement efforts; 

14 and 

15 ‘‘(ii) any of the activities described in 

16 subparagraph (B) if— 

17 ‘‘(I) the activity is described in 

18 the statewide plan; and 

19 ‘‘(II) the Secretary approves the 

20 use of funding for such activity. 

21 ‘‘(B) AUTHORIZED PROGRAMS.—Medium22 range and low-range States may use grant funds 

23 for— 

24 ‘‘(i) any of the purposes described in 

25 subparagraph (A); 


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1 ‘‘(ii) hiring a full-time or part-time 

2 impaired driving coordinator of the State’s 

3 activities to address the enforcement and 

4 adjudication of laws regarding driving 

5 while impaired by alcohol, drugs, or the 

6 combination of alcohol and drugs; 

7 ‘‘(iii) court support of high-visibility 

8 enforcement efforts, training and education 

9 of criminal justice professionals (including 

10 law enforcement, prosecutors, judges, and 

11 probation officers) to assist such profes12 sionals in handling impaired driving cases, 

13 hiring traffic safety resource prosecutors, 

14 hiring judicial outreach liaisons, and estab15 lishing driving while intoxicated courts; 

16 ‘‘(iv) alcohol ignition interlock pro17 grams; 

18 ‘‘(v) improving blood-alcohol con19 centration testing and reporting; 

20 ‘‘(vi) paid and earned media in sup21 port of high-visibility enforcement efforts, 

22 conducting standardized field sobriety 

23 training, advanced roadside impaired driv24 ing evaluation training, and drug recogni25 tion expert training for law enforcement, 


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1 and equipment and related expenditures 

2 used in connection with impaired driving 

3 enforcement in accordance with criteria es4 tablished by the National Highway Traffic 

5 Safety Administration; 

6 ‘‘(vii) training on the use of alcohol 

7 and drug screening and brief intervention; 

8 ‘‘(viii) training for and implementa9 tion of impaired driving assessment pro10 grams or other tools designed to increase the 

11 probability of identifying the recidivism 

12 risk of a person convicted of driving under 

13 the influence of alcohol, drugs, or a com14 bination of alcohol and drugs and to deter15 mine the most effective mental health or 

16 substance abuse treatment or sanction that 

17 will reduce such risk; 

18 ‘‘(ix) developing impaired driving in19 formation systems; and 

20 ‘‘(x) costs associated with a 24–7 sobri21 ety program. 

22 ‘‘(C) OTHER PROGRAMS.—Low-range States 

23 may use grant funds for any expenditure de24 signed to reduce impaired driving based on prob25 lem identification and may use not more than 


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1 50 percent of funds made available under this 

2 subsection for any project or activity eligible for 

3 funding under section 402. Medium- and high4 range States may use funds for any expenditure 

5 designed to reduce impaired driving based on 

6 problem identification upon approval by the Sec7 retary.’’; and 

8 (2) by striking paragraph (6)(A) and inserting 

9 the following: 

10 ‘‘(A) IN GENERAL.—The Secretary shall 

11 make a separate grant under this subsection to 

12 each State that adopts and is enforcing a law 

13 that requires any individual convicted of driving 

14 under the influence of alcohol or of driving while 

15 intoxicated to receive a restriction on driving 

16 privileges that limits the individual to operating 

17 only motor vehicles with an ignition interlock 

18 installed. Such law may provide limited excep19 tions for circumstances when— 

20 ‘‘(i) a State-certified ignition interlock 

21 provider is not available within 100 miles 

22 of the individual’s residence; 

23 ‘‘(ii) the individual is required to oper24 ate an employer’s motor vehicle in the 

25 course and scope of employment and the 


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1 business entity that owns the vehicle is not 

2 owned or controlled by the individual; or 

3 ‘‘(iii) the individual is certified by a 

4 medical doctor as being unable to provide a 

5 deep lung breath sample for analysis by an 

6 ignition interlock device.’’. 

7 (d) DISTRACTED DRIVING GRANTS.—Section 405(e) of 

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

9 ‘‘(e) DISTRACTED DRIVING GRANTS.— 

10 ‘‘(1) IN GENERAL.—The Secretary shall award a 

11 grant under this subsection to any State that includes 

12 distracted driving awareness as part of the State’s 

13 driver’s license examination, and enacts and enforces 

14 a law that meets the requirements set forth in para15 graphs (2) and (3). 

16 ‘‘(2) PROHIBITION ON TEXTING WHILE DRIVING

17 OR STOPPED IN TRAFFIC.—A State law meets the re18 quirements set forth in this paragraph if the law— 

19 ‘‘(A) prohibits a driver from texting through 

20 a personal wireless communications device while 

21 driving or stopped in traffic; 

22 ‘‘(B) makes violation of the law a primary 

23 offense; and 

24 ‘‘(C) establishes a minimum fine for a vio25 lation of the law. 


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1 ‘‘(3) PROHIBITION ON YOUTH CELL PHONE USE

2 WHILE DRIVING OR STOPPED IN TRAFFIC.—A State 

3 law meets the requirements set forth in this para4 graph if the law— 

5 ‘‘(A) prohibits a driver from using a per6 sonal wireless communications device while driv7 ing or stopped in traffic— 

8 ‘‘(i) younger than 18 years of age; or 

9 ‘‘(ii) in the learner’s permit and inter10 mediate license stages set forth in subsection 

11 (g)(2)(B); 

12 ‘‘(B) makes violation of the law a primary 

13 offense; and 

14 ‘‘(C) establishes a minimum fine for a first 

15 violation of the law. 

16 ‘‘(4) PERMITTED EXCEPTIONS.—A law that 

17 meets the requirements set forth in paragraph (2) or 

18 (3) may provide exceptions for— 

19 ‘‘(A) a driver who uses a personal wireless 

20 communications device to contact emergency 

21 services; 

22 ‘‘(B) emergency services personnel who use 

23 a personal wireless communications device 

24 while— 


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1 ‘‘(i) operating an emergency services 

2 vehicle; and 

3 ‘‘(ii) engaged in the performance of 

4 their duties as emergency services personnel; 

5 ‘‘(C) an individual employed as a commer6 cial motor vehicle driver or a school bus driver 

7 who uses a personal wireless communications de8 vice within the scope of such individual’s em9 ployment if such use is permitted under the reg10 ulations promulgated pursuant to section 31136 

11 of title 49; and 

12 ‘‘(D) any additional exceptions determined 

13 by the Secretary through a rulemaking process. 

14 ‘‘(5) USE OF GRANT FUNDS.— 

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

16 subparagraph (B), amounts received by a State 

17 under this subsection shall be used— 

18 ‘‘(i) to educate the public through ad19 vertising containing information about the 

20 dangers of texting or using a cell phone 

21 while driving; 

22 ‘‘(ii) for traffic signs that notify driv23 ers about the distracted driving law of the 

24 State; or 


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1 ‘‘(iii) for law enforcement costs related 

2 to the enforcement of the distracted driving 

3 law. 

4 ‘‘(B) FLEXIBILITY.— 

5 ‘‘(i) Not more than 50 percent of 

6 amounts received by a State under this 

7 subsection may be used for any eligible 

8 project or activity under section 402. 

9 ‘‘(ii) Not more than 75 percent of 

10 amounts received by a State under this 

11 subsection may be used for any eligible 

12 project or activity under section 402 if 

13 the State has conformed its distracted 

14 driving data to the most recent Model 

15 Minimum Uniform Crash Criteria 

16 published by the Secretary. 

17 ‘‘(6) ALLOCATION TO SUPPORT STATE DIS18 TRACTED DRIVING LAWS.—Of the amounts available 

19 under this subsection in a fiscal year for distracted 

20 driving grants, the Secretary may expend not more 

21 than $5,000,000 for the development and placement of 

22 broadcast media to reduce distracted driving of motor 

23 vehicles, including to support campaigns related to 

24 distracted driving that are funded under section 404. 


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1 ‘‘(7) GRANT AMOUNT.—The allocation of grant 

2 funds to a State under this subsection for a fiscal 

3 year shall be in proportion to the State’s apportion4 ment under section 402 for fiscal year 2009. 

5 ‘‘(8) DEFINITIONS.—In this subsection, the fol6 lowing definitions apply: 

7 ‘‘(A) DRIVING.—The term ‘driving’— 

8 ‘‘(i) means operating a motor vehicle 

9 on a public road, including operation while 

10 temporarily stationary because of traffic, a 

11 traffic light or stop sign, or otherwise; and 

12 ‘‘(ii) does not include operating a 

13 motor vehicle when the vehicle has pulled 

14 over to the side of, or off, an active roadway 

15 and has stopped in a location where it can 

16 safely remain stationary. 

17 ‘‘(B) PERSONAL WIRELESS COMMUNICA18 TIONS DEVICE.—The term ‘personal wireless 

19 communications device’— 

20 ‘‘(i) means a device through which per21 sonal wireless services (as defined in section 

22 332(c)(7)(C)(i) of the Communications Act 

23 of 1934 (47 U.S.C. 332(c)(7)(C)(i))) are 

24 transmitted; and 


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1 ‘‘(ii) does not include a global naviga2 tion satellite system receiver used for posi3 tioning, emergency notification, or naviga4 tion purposes. 

5 ‘‘(C) PRIMARY OFFENSE.—The term ‘pri6 mary offense’ means an offense for which a law 

7 enforcement officer may stop a vehicle solely for 

8 the purpose of issuing a citation in the absence 

9 of evidence of another offense. 

10 ‘‘(D) PUBLIC ROAD.—The term ‘public 

11 road’ has the meaning given such term in section 

12 402(c). 

13 ‘‘(E) TEXTING.—The term ‘texting’ means 

14 reading from or manually entering data into a 

15 personal wireless communications device, includ16 ing doing so for the purpose of SMS texting, 

17 emailing, instant messaging, or engaging in any 

18 other form of electronic data retrieval or elec19 tronic data communication.’’. 

20 (e) MOTORCYCLIST SAFETY.—Section 405(f) of title 

21 23, United States Code, is amended— 

22 (1) by striking paragraph (2) and inserting the 

23 following: 

24 ‘‘(2) GRANT AMOUNT.—The allocation of grant 

25 funds to a State under this subsection for a fiscal 


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1 year shall be in proportion to the State’s apportion2 ment under section 402 for fiscal year 2009, except 

3 that the amount of a grant awarded to a State for 

4 a fiscal year may not exceed 25 percent of the amount 

5 apportioned to the State under such section for fiscal 

6 year 2009.’’; 

7 (2) in paragraph (4) by adding at the end the 

8 following: 

9 ‘‘(C) FLEXIBILITY.—Not more than 50 per10 cent of grant funds received by a State under 

11 this subsection may be used for any eligible 

12 project or activity under section 402 if the State 

13 is in the lowest 25 percent of all States for mo14 torcycle deaths per 10,000 motorcycle registra15 tions based on the most recent data that con16 forms with criteria established by the Sec17 retary.’’; and 

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

19 ‘‘(6) SHARE-THE-ROAD MODEL LANGUAGE.—Not 

20 later than 1 year after the date of enactment of this 

21 paragraph, the Secretary shall update and provide to 

22 the States model language for use in traffic safety 

23 education courses, driver’s manuals, and other driver 

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1 ers of motor vehicles on the importance of sharing the 

2 road safely with motorcyclists.’’. 

3 (f) STATE GRADUATED DRIVER LICENSING INCENTIVE

4 GRANT.—Section 405(g) of title 23, United States Code, is 

5 amended to read as follows: 

6 ‘‘(g) STATE GRADUATED DRIVER LICENSING INCEN7 TIVE GRANT.— 

8 ‘‘(1) GRANTS AUTHORIZED.—Subject to the re9 quirements under this subsection, the Secretary shall 

10 award grants to States that adopt and implement 

11 graduated driver licensing laws in accordance with 

12 the requirements set forth in paragraph (2). 

13 ‘‘(2) MINIMUM REQUIREMENTS.— 

14 ‘‘(A) IN GENERAL.—A State meets the re15 quirements set forth in this paragraph if the 

16 State has a graduated driver licensing law that 

17 requires novice drivers younger than 18 years of 

18 age to comply with the 2-stage licensing process 

19 described in subparagraph (B) before receiving 

20 an unrestricted driver’s license. 

21 ‘‘(B) LICENSING PROCESS.—A State is in 

22 compliance with the 2-stage licensing process de23 scribed in this subparagraph if the State’s driv24 er’s license laws comply with the additional reVerDate Sep 11 2014 20:27 Oct 29, 2015 Jkt 059200 PO 00000 Frm 00332 Fmt 6652 Sfmt 6203 E:\BILLS\H3763.RH H3763

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1 quirements under subparagraph (C) and in2 cludes— 

3 ‘‘(i) a learner’s permit stage that— 

4 ‘‘(I) is not less than 6 months in 

5 duration and remains in effect until 

6 the driver reaches not less than 16 

7 years of age; 

8 ‘‘(II) contains a prohibition on 

9 the driver using a personal wireless 

10 communications device (as defined in 

11 subsection (e)) while driving except 

12 under an exception permitted under 

13 subsection (e)(4); 

14 ‘‘(III) requires that the driver be 

15 accompanied and supervised at all 

16 times while operating a motor vehicle 

17 by a licensed driver who is— 

18 ‘‘(aa) not less than 21 years 

19 of age; 

20 ‘‘(bb) the driver’s parent or 

21 guardian; or 

22 ‘‘(cc) a State-certified driv23 ing instructor; and 

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1 mit stage set forth in subparagraph 

2 (C)(i); and 

3 ‘‘(ii) an intermediate stage that— 

4 ‘‘(I) is not less than 6 months in 

5 duration; 

6 ‘‘(II) contains a prohibition on 

7 the driver using a personal wireless 

8 communications device (as defined in 

9 subsection (e)) while driving except 

10 under an exception permitted under 

11 subsection (e)(4); 

12 ‘‘(III) for the first 6 months of 

13 such stage, restricts driving at night 

14 when not supervised by a licensed driv15 er described in clause (i)(III), exclud16 ing transportation to work, school, or 

17 religious activities, or in the case of an 

18 emergency; 

19 ‘‘(IV) for a period of not less than 

20 6 months, prohibits the driver from op21 erating a motor vehicle with more than 

22 1 nonfamilial passenger under 21 

23 years of age unless a licensed driver 

24 described in clause (i)(III) is in the ve25 hicle; and 


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1 ‘‘(V) complies with the additional 

2 requirements for an intermediate stage 

3 set forth in subparagraph (C)(ii). 

4 ‘‘(C) ADDITIONAL REQUIREMENTS.— 

5 ‘‘(i) LEARNER’S PERMIT STAGE.—In 

6 addition to the requirements of subpara7 graph (B)(i), a learner’s permit stage shall 

8 include not less than 2 of the following re9 quirements: 

10 ‘‘(I) Passage of a vision and 

11 knowledge assessment by a learner’s 

12 permit applicant prior to receiving a 

13 learner’s permit. 

14 ‘‘(II) The driver completes— 

15 ‘‘(aa) a State-certified driver 

16 education or training course; or 

17 ‘‘(bb) not less than 40 hours 

18 of behind-the-wheel training with 

19 a licensed driver described in sub20 paragraph (B)(i)(III). 

21 ‘‘(III) In addition to any other 

22 penalties imposed by State law, the 

23 grant of an unrestricted driver’s license 

24 or advancement to an intermediate 

25 stage be automatically delayed for any 


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1 individual who, during the learner’s 

2 permit stage, is convicted of a driving3 related offense, including— 

4 ‘‘(aa) driving while intoxi5 cated; 

6 ‘‘(bb) misrepresentation of 

7 the individual’s age; 

8 ‘‘(cc) reckless driving; 

9 ‘‘(dd) driving without wear10 ing a seatbelt; 

11 ‘‘(ee) speeding; or 

12 ‘‘(ff) any other driving-re13 lated offense, as determined by the 

14 Secretary. 

15 ‘‘(ii) INTERMEDIATE STAGE.—In addi16 tion to the requirements of subparagraph 

17 (B)(ii), an intermediate stage shall include 

18 not less than 2 of the following require19 ments: 

20 ‘‘(I) Commencement of such stage 

21 after the successful completion of a 

22 driving skills test. 

23 ‘‘(II) That such stage remain in 

24 effect until the driver reaches the age of 

25 not less than 17. 


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1 ‘‘(III) In addition to any other 

2 penalties imposed by State law, the 

3 grant of an unrestricted driver’s license 

4 be automatically delayed for any indi5 vidual who, during the learner’s per6 mit stage, is convicted of a driving-re7 lated offense, including those described 

8 in clause (i)(III). 

9 ‘‘(3) EXCEPTION.—A State that otherwise meets 

10 the minimum requirements set forth in paragraph (2) 

11 shall be deemed by the Secretary to be in compliance 

12 with the requirement set forth in paragraph (2) if the 

13 State enacted a law before January 1, 2011, estab14 lishing a class of license that permits licensees or ap15 plicants younger than 18 years of age to drive a 

16 motor vehicle— 

17 ‘‘(A) in connection with work performed on, 

18 or for the operation of, a farm owned by family 

19 members who are directly related to the appli20 cant or licensee; or 

21 ‘‘(B) if demonstrable hardship would result 

22 from the denial of a license to the licensees or ap23 plicants. 

24 ‘‘(4) ALLOCATION.—Grant funds allocated to a 

25 State under this subsection for a fiscal year shall be 


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1 in proportion to the State’s apportionment under sec2 tion 402 for fiscal year 2009. 

3 ‘‘(5) USE OF FUNDS.— 

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

5 subparagraph (B), grant funds received by a 

6 State under this subsection shall be used for— 

7 ‘‘(i) enforcing a 2-stage licensing proc8 ess that complies with paragraph (2); 

9 ‘‘(ii) training for law enforcement per10 sonnel and other relevant State agency per11 sonnel relating to the enforcement described 

12 in clause (i); 

13 ‘‘(iii) publishing relevant educational 

14 materials that pertain directly or indirectly 

15 to the State graduated driver licensing law; 

16 ‘‘(iv) carrying out other administrative 

17 activities that the Secretary considers rel18 evant to the State’s 2-stage licensing proc19 ess; or 

20 ‘‘(v) carrying out a teen traffic safety 

21 program described in section 402(m). 

22 ‘‘(B) FLEXIBILITY.— 

23 ‘‘(i) Not more than 75 percent of grant 

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1 section may be used for any eligible project 

2 or activity under section 402. 

3 ‘‘(ii) Not more than 100 percent of 

4 grant funds received by a State under this 

5 subsection may be used for any eligible 

6 project or activity under section 402, if the 

7 State is in the lowest 25 percent of all 

8 States for the number of drivers under age 

9 18 involved in fatal crashes in the State per 

10 the total number of drivers under age 18 in 

11 the State based on the most recent data that 

12 conforms with criteria established by the 

13 Secretary.’’. 

14 (g) NONMOTORIZED SAFETY.—Section 405 of title 23, 

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

16 following: 

17 ‘‘(h) NONMOTORIZED SAFETY.— 

18 ‘‘(1) GENERAL AUTHORITY.—Subject to the re19 quirements under this subsection, the Secretary shall 

20 award grants to States for the purpose of decreasing 

21 pedestrian and bicycle fatalities and injuries that re22 sult from crashes involving a motor vehicle. 

23 ‘‘(2) FEDERAL SHARE.—The Federal share of the 

24 cost of a project carried out by a State using amounts 


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1 from a grant awarded under this subsection may not 

2 exceed 80 percent. 

3 ‘‘(3) ELIGIBILITY.—A State shall receive a grant 

4 under this subsection in a fiscal year if the annual 

5 combined pedestrian and bicycle fatalities in the 

6 State exceed 15 percent of the total annual crash fa7 talities in the State, based on the most recently re8 ported final data from the Fatality Analysis Report9 ing System. 

10 ‘‘(4) USE OF GRANT AMOUNTS.—Grant funds re11 ceived by a State under this subsection may be used 

12 for— 

13 ‘‘(A) training of law enforcement officials 

14 on State laws applicable to pedestrian and bicy15 cle safety; 

16 ‘‘(B) enforcement mobilizations and cam17 paigns designed to enforce State traffic laws ap18 plicable to pedestrian and bicycle safety; and 

19 ‘‘(C) public education and awareness pro20 grams designed to inform motorists, pedestrians, 

21 and bicyclists of State traffic laws applicable to 

22 pedestrian and bicycle safety. 

23 ‘‘(5) GRANT AMOUNT.—The allocation of grant 

24 funds to a State under this subsection for a fiscal 


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1 year shall be in proportion to the State’s apportion2 ment under section 402 for fiscal year 2009.’’. 

3 SEC. 4006. PROHIBITION ON FUNDS TO CHECK HELMET 

4 USAGE OR CREATE RELATED CHECKPOINTS 

5 FOR A MOTORCYCLE DRIVER OR PASSENGER. 

6 The Secretary may not provide a grant or otherwise 

7 make available funding to a State, Indian tribe, county, 

8 municipality, or other local government to be used for a 

9 program or activity to check helmet usage, including check10 points related to helmet usage, with respect to a motorcycle 

11 driver or passenger. 

12 SEC. 4007. MARIJUANA-IMPAIRED DRIVING. 

13 (a) STUDY.—The Secretary, in consultation with the 

14 heads of other Federal agencies as appropriate, shall con15 duct a study on marijuana-impaired driving. 

16 (b) ISSUES TO BE EXAMINED.—In conducting the 

17 study, the Secretary shall examine, at a minimum, the fol18 lowing: 

19 (1) Methods to detect marijuana-impaired driv20 ing, including devices capable of measuring mari21 juana levels in motor vehicle operators. 

22 (2) A review of impairment standard research 

23 for driving under the influence of marijuana. 

24 (3) Methods to differentiate the cause of a driv25 ing impairment between alcohol and marijuana. 


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1 (4) State-based policies on marijuana-impaired 

2 driving. 

3 (5) The role and extent of marijuana impair4 ment in motor vehicle accidents. 

5 (c) REPORT.— 

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

7 the date of enactment of this Act, the Secretary, in co8 operation with other Federal agencies as appropriate, 

9 shall submit to the Committee on Transportation and 

10 Infrastructure 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 (2) CONTENTS.—The report shall include, at a 

15 minimum, the following: 

16 (A) FINDINGS.—The findings of the Sec17 retary based on the study, including, at a min18 imum, the following: 

19 (i) An assessment of methodologies and 

20 technologies for measuring driver impair21 ment resulting from the use of marijuana, 

22 including the use of marijuana in combina23 tion with alcohol. 

24 (ii) A description and assessment of 

25 the role of marijuana as a causal factor in 


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1 traffic crashes and the extent of the problem 

2 of marijuana-impaired driving. 

3 (iii) A description and assessment of 

4 current State laws relating to marijuana5 impaired driving. 

6 (iv) A determination whether an im7 pairment standard for drivers under the in8 fluence of marijuana is feasible and could 

9 reduce vehicle accidents and save lives. 

10 (B) RECOMMENDATIONS.—The rec11 ommendations of the Secretary based on the 

12 study, including, at a minimum, the following: 

13 (i) Effective and efficient methods for 

14 training law enforcement personnel, includ15 ing drug recognition experts, to detect or 

16 measure the level of impairment of a motor 

17 vehicle operator who is under the influence 

18 of marijuana by the use of technology or 

19 otherwise. 

20 (ii) If feasible, an impairment stand21 ard for driving under the influence of mari22 juana. 

23 (iii) Methodologies for increased data 

24 collection regarding the prevalence and ef25 fects of marijuana-impaired driving. 


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1 (d) MARIJUANA DEFINED.—In this section, the term 

2 ‘‘marijuana’’ includes all substances containing 

3 tetrahydrocannabinol. 

4 SEC. 4008. NATIONAL PRIORITY SAFETY PROGRAM GRANT 

5 ELIGIBILITY. 

6 Not later than 60 days after the date on which the Sec7 retary of Transportation awards grants under section 405 

8 of title 23, United States Code, the Secretary shall make 

9 available on a publicly available Internet Web site of the 

10 Department of Transportation— 

11 (1) an identification of— 

12 (A) the States that were awarded grants 

13 under such section; 

14 (B) the States that applied and were not 

15 awarded grants under such section; and 

16 (C) the States that did not apply for a 

17 grant under such section; and 

18 (2) a list of deficiencies that made a State ineli19 gible for a grant under such section for each State 

20 under paragraph (1)(B). 

21 SEC. 4009. DATA COLLECTION. 

22 Section 1906 of SAFETEA–LU (23 U.S.C. 402 note) 

23 is amended— 

24 (1) in subsection (a)(1)— 


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1 (A) by striking ‘‘(A) has enacted’’ and all 

2 that follows through ‘‘(B) is maintaining’’ and 

3 inserting ‘‘is maintaining’’; and 

4 (B) by striking ‘‘and any passengers’’; 

5 (2) by striking subsection (b) and inserting the 

6 following: 

7 ‘‘(b) USE OF GRANT FUNDS.—A grant received by a 

8 State under subsection (a) shall be used by the State for 

9 the costs of— 

10 ‘‘(1) collecting and maintaining data on traffic 

11 stops; and 

12 ‘‘(2) evaluating the results of the data.’’; 

13 (3) by striking subsection (c) and redesignating 

14 subsections (d) and (e) as subsections (c) and (d), re15 spectively; 

16 (4) in subsection (c)(2), as so redesignated, by 

17 striking ‘‘A State’’ and inserting ‘‘On or after October 

18 1, 2015, a State’’; and 

19 (5) in subsection (d), as so redesignated— 

20 (A) in the subsection heading by striking 

21 ‘‘AUTHORIZATION OF APPROPRIATIONS’’ and in22 serting ‘‘FUNDING’’; 

23 (B) by striking paragraph (1) and inserting 

24 the following: 


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1 ‘‘(1) IN GENERAL.—From funds made available 

2 under section 403 of title 23, United States Code, the 

3 Secretary shall set aside $7,500,000 for each of the fis4 cal years 2016 through 2021 to carry out this sec5 tion.’’; and 

6 (C) in paragraph (2)— 

7 (i) by striking ‘‘authorized by’’ and in8 serting ‘‘made available under’’; and 

9 (ii) by striking ‘‘percent,’’ and all that 

10 follows through the period at the end and 

11 inserting ‘‘percent.’’. 

12 SEC. 4010. TECHNICAL CORRECTIONS. 

13 Title 23, United States Code, is amended as follows: 

14 (1) Section 402 is amended— 

15 (A) in subsection (b)(1)— 

16 (i) in subparagraph (C) by striking 

17 ‘‘paragraph (3)’’ and inserting ‘‘paragraph 

18 (2)’’; and 

19 (ii) in subparagraph (E)— 

20 (I) by striking ‘‘in which’’ and in21 serting ‘‘for which’’; and 

22 (II) by striking ‘‘under subsection 

23 (f)’’ and inserting ‘‘under subsection 

24 (k)’’; and 


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1 (B) in subsection (k)(5), as redesignated by 

2 this Act, by striking ‘‘under paragraph (2)(A)’’ 

3 and inserting ‘‘under paragraph (3)(A)’’. 

4 (2) Section 403(e) is amended by striking ‘‘chap5 ter 301’’ and inserting ‘‘chapter 301 of title 49’’. 

6 (3) Section 405 is amended— 

7 (A) in subsection (d)— 

8 (i) in paragraph (5) by striking 

9 ‘‘under section 402(c)’’ and inserting 

10 ‘‘under section 402’’; and 

11 (ii) in paragraph (6)(C) by striking 

12 ‘‘on the basis of the apportionment formula 

13 set forth in section 402(c)’’ and inserting 

14 ‘‘in proportion to the State’s apportionment 

15 under section 402 for fiscal year 2009’’; and 

16 (B) in subsection (f)(4)(A)(iv)— 

17 (i) by striking ‘‘such as the’’ and in18 serting ‘‘including’’; and 

19 (ii) by striking ‘‘developed under sub20 section (g)’’. 


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1 TITLE V—MOTOR CARRIER 

2 SAFETY 

3 Subtitle A—Motor Carrier Safety 

4 Grant Consolidation 

5 SEC. 5101. GRANTS TO STATES. 

6 (a) MOTOR CARRIER SAFETY ASSISTANCE PRO7 GRAM.—Section 31102 of title 49, United States Code, is 

8 amended to read as follows: 

9 ‘‘§ 31102. Motor carrier safety assistance program 

10 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

11 shall administer a motor carrier safety assistance program 

12 funded under section 31104. 

13 ‘‘(b) GOAL.—The goal of the program is to ensure that 

14 the Secretary, States, local governments, other political ju15 risdictions, federally recognized Indian tribes, and other 

16 persons work in partnership to establish programs to im17 prove motor carrier, commercial motor vehicle, and driver 

18 safety to support a safe and efficient surface transportation 

19 system by— 

20 ‘‘(1) making targeted investments to promote safe 

21 commercial motor vehicle transportation, including 

22 the transportation of passengers and hazardous mate23 rials; 

24 ‘‘(2) investing in activities likely to generate 

25 maximum reductions in the number and severity of 


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1 commercial motor vehicle crashes and in fatalities re2 sulting from such crashes; 

3 ‘‘(3) adopting and enforcing effective motor car4 rier, commercial motor vehicle, and driver safety reg5 ulations and practices consistent with Federal re6 quirements; and 

7 ‘‘(4) assessing and improving statewide perform8 ance by setting program goals and meeting perform9 ance standards, measures, and benchmarks. 

10 ‘‘(c) STATE PLANS.— 

11 ‘‘(1) IN GENERAL.—In carrying out the pro12 gram, the Secretary shall prescribe procedures for a 

13 State to submit a multiple-year plan, and annual up14 dates thereto, under which the State agrees to assume 

15 responsibility for improving motor carrier safety by 

16 adopting and enforcing State regulations, standards, 

17 and orders that are compatible with the regulations, 

18 standards, and orders of the Federal Government on 

19 commercial motor vehicle safety and hazardous mate20 rials transportation safety. 

21 ‘‘(2) CONTENTS.—The Secretary shall approve a 

22 State plan if the Secretary determines that the plan 

23 is adequate to comply with the requirements of this 

24 section, and the plan— 


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1 ‘‘(A) implements performance-based activi2 ties, including deployment and maintenance of 

3 technology to enhance the efficiency and effective4 ness of commercial motor vehicle safety pro5 grams; 

6 ‘‘(B) designates a lead State commercial 

7 motor vehicle safety agency responsible for ad8 ministering the plan throughout the State; 

9 ‘‘(C) contains satisfactory assurances that 

10 the lead State commercial motor vehicle safety 

11 agency has or will have the legal authority, re12 sources, and qualified personnel necessary to en13 force the regulations, standards, and orders; 

14 ‘‘(D) contains satisfactory assurances that 

15 the State will devote adequate resources to the 

16 administration of the plan and enforcement of 

17 the regulations, standards, and orders; 

18 ‘‘(E) provides a right of entry and inspec19 tion to carry out the plan; 

20 ‘‘(F) provides that all reports required 

21 under this section be available to the Secretary 

22 on request; 

23 ‘‘(G) provides that the lead State commer24 cial motor vehicle safety agency will adopt the 

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1 ordkeeping, inspections, and investigations that 

2 the Secretary prescribes; 

3 ‘‘(H) requires all registrants of commercial 

4 motor vehicles to demonstrate knowledge of ap5 plicable safety regulations, standards, and orders 

6 of the Federal Government and the State; 

7 ‘‘(I) provides that the State will grant max8 imum reciprocity for inspections conducted 

9 under the North American Inspection Standards 

10 through the use of a nationally accepted system 

11 that allows ready identification of previously in12 spected commercial motor vehicles; 

13 ‘‘(J) ensures that activities described in sub14 section (h), if financed through grants to the 

15 State made under this section, will not diminish 

16 the effectiveness of the development and imple17 mentation of the programs to improve motor car18 rier, commercial motor vehicle, and driver safety 

19 as described in subsection (b); 

20 ‘‘(K) ensures that the lead State commercial 

21 motor vehicle safety agency will coordinate the 

22 plan, data collection, and information systems 

23 with the State highway safety improvement pro24 gram required under section 148(c) of title 23; 


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1 ‘‘(L) ensures participation in appropriate 

2 Federal Motor Carrier Safety Administration in3 formation technology and data systems and other 

4 information systems by all appropriate jurisdic5 tions receiving motor carrier safety assistance 

6 program funding; 

7 ‘‘(M) ensures that information is exchanged 

8 among the States in a timely manner; 

9 ‘‘(N) provides satisfactory assurances that 

10 the State will undertake efforts that will empha11 size and improve enforcement of State and local 

12 traffic safety laws and regulations related to 

13 commercial motor vehicle safety; 

14 ‘‘(O) provides satisfactory assurances that 

15 the State will address national priorities and 

16 performance goals, including— 

17 ‘‘(i) activities aimed at removing im18 paired commercial motor vehicle drivers 

19 from the highways of the United States 

20 through adequate enforcement of regulations 

21 on the use of alcohol and controlled sub22 stances and by ensuring ready roadside ac23 cess to alcohol detection and measuring 

24 equipment; 


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1 ‘‘(ii) activities aimed at providing an 

2 appropriate level of training to State motor 

3 carrier safety assistance program officers 

4 and employees on recognizing drivers im5 paired by alcohol or controlled substances; 

6 and 

7 ‘‘(iii) when conducted with an appro8 priate commercial motor vehicle inspection, 

9 criminal interdiction activities, and appro10 priate strategies for carrying out those 

11 interdiction activities, including interdic12 tion activities that affect the transportation 

13 of controlled substances (as defined in sec14 tion 102 of the Comprehensive Drug Abuse 

15 Prevention and Control Act of 1970 (21 

16 U.S.C. 802) and listed in part 1308 of title 

17 21, Code of Federal Regulations, as updated 

18 and republished from time to time) by any 

19 occupant of a commercial motor vehicle; 

20 ‘‘(P) provides that the State has established 

21 and dedicated sufficient resources to a program 

22 to ensure that— 

23 ‘‘(i) the State collects and reports to 

24 the Secretary accurate, complete, and timely 

25 motor carrier safety data; and 


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1 ‘‘(ii) the State participates in a na2 tional motor carrier safety data correction 

3 system prescribed by the Secretary; 

4 ‘‘(Q) ensures that the State will cooperate 

5 in the enforcement of financial responsibility re6 quirements under sections 13906, 31138, and 

7 31139 and regulations issued under those sec8 tions; 

9 ‘‘(R) ensures consistent, effective, and rea10 sonable sanctions; 

11 ‘‘(S) ensures that roadside inspections will 

12 be conducted at locations that are adequate to 

13 protect the safety of drivers and enforcement per14 sonnel; 

15 ‘‘(T) provides that the State will include in 

16 the training manuals for the licensing examina17 tion to drive noncommercial motor vehicles and 

18 commercial motor vehicles information on best 

19 practices for driving safely in the vicinity of 

20 noncommercial and commercial motor vehicles; 

21 ‘‘(U) provides that the State will enforce the 

22 registration requirements of sections 13902 and 

23 31134 by prohibiting the operation of any vehi24 cle discovered to be operated by a motor carrier 

25 without a registration issued under those sections 


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1 or to be operated beyond the scope of the motor 

2 carrier’s registration; 

3 ‘‘(V) provides that the State will conduct 

4 comprehensive and highly visible traffic enforce5 ment and commercial motor vehicle safety in6 spection programs in high-risk locations and cor7 ridors; 

8 ‘‘(W) except in the case of an imminent 

9 hazard or obvious safety hazard, ensures that an 

10 inspection of a vehicle transporting passengers 

11 for a motor carrier of passengers is conducted at 

12 a bus station, terminal, border crossing, mainte13 nance facility, destination, or other location 

14 where a motor carrier may make a planned stop 

15 (excluding a weigh station); 

16 ‘‘(X) ensures that the State will transmit to 

17 its roadside inspectors notice of each Federal ex18 emption granted under section 31315(b) of this 

19 title and sections 390.23 and 390.25 of title 49, 

20 Code of Federal Regulations, and provided to the 

21 State by the Secretary, including the name of the 

22 person that received the exemption and any 

23 terms and conditions that apply to the exemp24 tion; 


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1 ‘‘(Y) except as provided in subsection (d), 

2 provides that the State— 

3 ‘‘(i) will conduct safety audits of inter4 state and, at the State’s discretion, intra5 state new entrant motor carriers under sec6 tion 31144(g); and 

7 ‘‘(ii) if the State authorizes a third 

8 party to conduct safety audits under section 

9 31144(g) on its behalf, the State verifies the 

10 quality of the work conducted and remains 

11 solely responsible for the management and 

12 oversight of the activities; 

13 ‘‘(Z) provides that the State agrees to fully 

14 participate in the performance and registration 

15 information systems management under section 

16 31106(b) not later than October 1, 2020, by com17 plying with the conditions for participation 

18 under paragraph (3) of that section, or dem19 onstrates to the Secretary an alternative ap20 proach for identifying and immobilizing a motor 

21 carrier with serious safety deficiencies in a man22 ner that provides an equivalent level of safety; 

23 ‘‘(AA) in the case of a State that shares a 

24 land border with another country, provides that 

25 the State— 


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1 ‘‘(i) will conduct a border commercial 

2 motor vehicle safety program focusing on 

3 international commerce that includes en4 forcement and related projects; or 

5 ‘‘(ii) will forfeit all funds calculated by 

6 the Secretary based on border-related activi7 ties if the State declines to conduct the pro8 gram described in clause (i) in its plan; 

9 and 

10 ‘‘(BB) in the case of a State that meets the 

11 other requirements of this section and agrees to 

12 comply with the requirements established in sub13 section (l)(3), provides that the State may fund 

14 operation and maintenance costs associated with 

15 innovative technology deployment under sub16 section (l)(3) with motor carrier safety assistance 

17 program funds authorized under section 

18 31104(a)(1). 

19 ‘‘(3) PUBLICATION.— 

20 ‘‘(A) IN GENERAL.—Subject to subpara21 graph (B), the Secretary shall publish each ap22 proved State multiple-year plan, and each an23 nual update thereto, on a publically accessible 

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1 tation not later than 30 days after the date the 

2 Secretary approves the plan or update. 

3 ‘‘(B) LIMITATION.—Before publishing an 

4 approved State multiple-year plan or annual 

5 update under subparagraph (A), the Secretary 

6 shall redact any information identified by the 

7 State that, if disclosed— 

8 ‘‘(i) would reasonably be expected to 

9 interfere with enforcement proceedings; or 

10 ‘‘(ii) would reveal enforcement tech11 niques or procedures that would reasonably 

12 be expected to risk circumvention of the law. 

13 ‘‘(d) EXCLUSION OF U.S. TERRITORIES.—The require14 ment that a State conduct safety audits of new entrant 

15 motor carriers under subsection (c)(2)(Y) does not apply 

16 to a territory of the United States unless required by the 

17 Secretary. 

18 ‘‘(e) INTRASTATE COMPATIBILITY.—The Secretary 

19 shall prescribe regulations specifying tolerance guidelines 

20 and standards for ensuring compatibility of intrastate com21 mercial motor vehicle safety laws, including regulations, 

22 with Federal motor carrier safety regulations to be enforced 

23 under subsections (b) and (c). To the extent practicable, the 

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1 bility while ensuring a degree of uniformity that will not 

2 diminish motor vehicle safety. 

3 ‘‘(f) MAINTENANCE OF EFFORT.— 

4 ‘‘(1) BASELINE.—Except as provided under 

5 paragraphs (2) and (3) and in accordance with sec6 tion 5106 of the Surface Transportation Reauthoriza7 tion and Reform Act of 2015, a State plan under sub8 section (c) shall provide that the total expenditure of 

9 amounts of the lead State commercial motor vehicle 

10 safety agency responsible for administering the plan 

11 will be maintained at a level each fiscal year that is 

12 at least equal to— 

13 ‘‘(A) the average level of that expenditure 

14 for fiscal years 2004 and 2005; or 

15 ‘‘(B) the level of that expenditure for the 

16 year in which the Secretary implements a new 

17 allocation formula under section 5106 of the 

18 Surface Transportation Reauthorization and Re19 form Act of 2015. 

20 ‘‘(2) ADJUSTED BASELINE AFTER FISCAL YEAR

21 2017.—At the request of a State, the Secretary may 

22 evaluate additional documentation related to the 

23 maintenance of effort and may make reasonable ad24 justments to the maintenance of effort baseline after 

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1 location formula under section 5106 of the Surface 

2 Transportation Reauthorization and Reform Act of 

3 2015, and this adjusted baseline will replace the 

4 maintenance of effort requirement under paragraph 

5 (1). 

6 ‘‘(3) WAIVERS.—At the request of a State, the 

7 Secretary may waive or modify the requirements of 

8 this subsection for a total of 1 fiscal year if the Sec9 retary determines that the waiver or modification is 

10 reasonable, based on circumstances described by the 

11 State, to ensure the continuation of commercial motor 

12 vehicle enforcement activities in the State. 

13 ‘‘(4) LEVEL OF STATE EXPENDITURES.—In esti14 mating the average level of a State’s expenditures 

15 under paragraph (1), the Secretary— 

16 ‘‘(A) may allow the State to exclude State 

17 expenditures for federally sponsored demonstra18 tion and pilot programs and strike forces; 

19 ‘‘(B) may allow the State to exclude expend20 itures for activities related to border enforcement 

21 and new entrant safety audits; and 

22 ‘‘(C) shall require the State to exclude State 

23 matching amounts used to receive Federal fi24 nancing under section 31104. 


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1 ‘‘(g) USE OF UNIFIED CARRIER REGISTRATION FEES

2 AGREEMENT.—Amounts generated under section 14504a 

3 and received by a State and used for motor carrier safety 

4 purposes may be included as part of the State’s match re5 quired under section 31104 or maintenance of effort re6 quired by subsection (f). 

7 ‘‘(h) USE OF GRANTS TO ENFORCE OTHER LAWS.— 

8 When approved as part of a State’s plan under subsection 

9 (c), the State may use motor carrier safety assistance pro10 gram funds received under this section— 

11 ‘‘(1) if the activities are carried out in conjunc12 tion with an appropriate inspection of a commercial 

13 motor vehicle to enforce Federal or State commercial 

14 motor vehicle safety regulations, for— 

15 ‘‘(A) enforcement of commercial motor vehi16 cle size and weight limitations at locations, ex17 cluding fixed-weight facilities, such as near steep 

18 grades or mountainous terrains, where the 

19 weight of a commercial motor vehicle can signifi20 cantly affect the safe operation of the vehicle, or 

21 at ports where intermodal shipping containers 

22 enter and leave the United States; and 

23 ‘‘(B) detection of and enforcement actions 

24 taken as a result of criminal activity, including 

25 the trafficking of human beings, in a commercial 


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1 motor vehicle or by any occupant, including the 

2 operator, of the commercial motor vehicle; and 

3 ‘‘(2) for documented enforcement of State traffic 

4 laws and regulations designed to promote the safe op5 eration of commercial motor vehicles, including docu6 mented enforcement of such laws and regulations re7 lating to noncommercial motor vehicles when nec8 essary to promote the safe operation of commercial 

9 motor vehicles, if— 

10 ‘‘(A) the number of motor carrier safety ac11 tivities, including roadside safety inspections, 

12 conducted in the State is maintained at a level 

13 at least equal to the average level of such activi14 ties conducted in the State in fiscal years 2004 

15 and 2005; and 

16 ‘‘(B) the State does not use more than 10 

17 percent of the basic amount the State receives 

18 under a grant awarded under section 

19 31104(a)(1) for enforcement activities relating to 

20 noncommercial motor vehicles necessary to pro21 mote the safe operation of commercial motor ve22 hicles unless the Secretary determines that a 

23 higher percentage will result in significant in24 creases in commercial motor vehicle safety. 


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1 ‘‘(i) EVALUATION OF PLANS AND AWARD OF

2 GRANTS.— 

3 ‘‘(1) AWARDS.—The Secretary shall establish cri4 teria for the application, evaluation, and approval of 

5 State plans under this section. Subject to subsection 

6 (j), the Secretary may allocate the amounts made 

7 available under section 31104(a)(1) among the States. 

8 ‘‘(2) OPPORTUNITY TO CURE.—If the Secretary 

9 disapproves a plan under this section, the Secretary 

10 shall give the State a written explanation of the rea11 sons for disapproval and allow the State to modify 

12 and resubmit the plan for approval. 

13 ‘‘(j) ALLOCATION OF FUNDS.— 

14 ‘‘(1) IN GENERAL.—The Secretary, by regulation, 

15 shall prescribe allocation criteria for funds made 

16 available under section 31104(a)(1). 

17 ‘‘(2) ANNUAL ALLOCATIONS.—On October 1 of 

18 each fiscal year, or as soon as practicable thereafter, 

19 and after making a deduction under section 31104(c), 

20 the Secretary shall allocate amounts made available 

21 under section 31104(a)(1) to carry out this section for 

22 the fiscal year among the States with plans approved 

23 under this section in accordance with the criteria pre24 scribed under paragraph (1). 


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1 ‘‘(3) ELECTIVE ADJUSTMENTS.—Subject to the 

2 availability of funding and notwithstanding fluctua3 tions in the data elements used by the Secretary to 

4 calculate the annual allocation amounts, after the cre5 ation of a new allocation formula under section 5106 

6 of the Surface Transportation Reauthorization and 

7 Reform Act of 2015, the Secretary may not make elec8 tive adjustments to the allocation formula that de9 crease a State’s Federal funding levels by more than 

10 3 percent in a fiscal year. The 3 percent limit shall 

11 not apply to the withholding provisions of subsection 

12 (k). 

13 ‘‘(k) PLAN MONITORING.— 

14 ‘‘(1) IN GENERAL.—On the basis of reports sub15 mitted by the lead State agency responsible for ad16 ministering a State plan approved under this section 

17 and an investigation by the Secretary, the Secretary 

18 shall periodically evaluate State implementation of 

19 and compliance with the State plan. 

20 ‘‘(2) WITHHOLDING OF FUNDS.— 

21 ‘‘(A) DISAPPROVAL.—If, after notice and an 

22 opportunity to be heard, the Secretary finds that 

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1 tions, standards, or orders described in sub2 section (c)(1), or the State is otherwise not in 

3 compliance with the requirements of this section, 

4 the Secretary may withdraw approval of the 

5 State plan and notify the State. Upon the re6 ceipt of such notice, the State plan shall no 

7 longer be in effect and the Secretary shall with8 hold all funding to the State under this section. 

9 ‘‘(B) NONCOMPLIANCE WITHHOLDING.—In 

10 lieu of withdrawing approval of a State plan 

11 under subparagraph (A), the Secretary may, 

12 after providing notice to the State and an oppor13 tunity to be heard, withhold funding from the 

14 State to which the State would otherwise be enti15 tled under this section for the period of the 

16 State’s noncompliance. In exercising this option, 

17 the Secretary may withhold— 

18 ‘‘(i) up to 5 percent of funds during 

19 the fiscal year that the Secretary notifies 

20 the State of its noncompliance; 

21 ‘‘(ii) up to 10 percent of funds for the 

22 first full fiscal year of noncompliance; 

23 ‘‘(iii) up to 25 percent of funds for the 

24 second full fiscal year of noncompliance; 

25 and 


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1 ‘‘(iv) not more than 50 percent of 

2 funds for the third and any subsequent full 

3 fiscal year of noncompliance. 

4 ‘‘(3) JUDICIAL REVIEW.—A State adversely af5 fected by a determination under paragraph (2) may 

6 seek judicial review under chapter 7 of title 5. Not7 withstanding the disapproval of a State plan under 

8 paragraph (2)(A) or the withholding of funds under 

9 paragraph (2)(B), the State may retain jurisdiction 

10 in an administrative or a judicial proceeding that 

11 commenced before the notice of disapproval or with12 holding if the issues involved are not related directly 

13 to the reasons for the disapproval or withholding. 

14 ‘‘(l) HIGH PRIORITY PROGRAM.— 

15 ‘‘(1) IN GENERAL.—The Secretary shall admin16 ister a high priority program funded under section 

17 31104 for the purposes described in paragraphs (2) 

18 and (3). 

19 ‘‘(2) ACTIVITIES RELATED TO MOTOR CARRIER

20 SAFETY.—The Secretary may make discretionary 

21 grants to and enter into cooperative agreements with 

22 States, local governments, federally recognized Indian 

23 tribes, other political jurisdictions as necessary, and 

24 any person to carry out high priority activities and 

25 projects that augment motor carrier safety activities 


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1 and projects planned in accordance with subsections 

2 (b) and (c), including activities and projects that— 

3 ‘‘(A) increase public awareness and edu4 cation on commercial motor vehicle safety; 

5 ‘‘(B) target unsafe driving of commercial 

6 motor vehicles and noncommercial motor vehicles 

7 in areas identified as high risk crash corridors; 

8 ‘‘(C) improve the safe and secure movement 

9 of hazardous materials; 

10 ‘‘(D) improve safe transportation of goods 

11 and persons in foreign commerce; 

12 ‘‘(E) demonstrate new technologies to im13 prove commercial motor vehicle safety; 

14 ‘‘(F) support participation in performance 

15 and registration information systems manage16 ment under section 31106(b)— 

17 ‘‘(i) for entities not responsible for sub18 mitting the plan under subsection (c); or 

19 ‘‘(ii) for entities responsible for submit20 ting the plan under subsection (c)— 

21 ‘‘(I) before October 1, 2020, to 

22 achieve compliance with the require23 ments of participation; and 

24 ‘‘(II) beginning on October 1, 

25 2020, or once compliance is achieved, 


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1 whichever is sooner, for special initia2 tives or projects that exceed routine op3 erations required for participation; 

4 ‘‘(G) conduct safety data improvement 

5 projects— 

6 ‘‘(i) that complete or exceed the re7 quirements under subsection (c)(2)(P) for 

8 entities not responsible for submitting the 

9 plan under subsection (c); or 

10 ‘‘(ii) that exceed the requirements 

11 under subsection (c)(2)(P) for entities re12 sponsible for submitting the plan under sub13 section (c); and 

14 ‘‘(H) otherwise improve commercial motor 

15 vehicle safety and compliance with commercial 

16 motor vehicle safety regulations. 

17 ‘‘(3) INNOVATIVE TECHNOLOGY DEPLOYMENT

18 GRANT PROGRAM.— 

19 ‘‘(A) IN GENERAL.—The Secretary shall es20 tablish an innovative technology deployment 

21 grant program to make discretionary grants 

22 funded under section 31104(a)(2) to eligible 

23 States for the innovative technology deployment 

24 of commercial motor vehicle information systems 

25 and networks. 


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1 ‘‘(B) PURPOSES.—The purposes of the pro2 gram shall be— 

3 ‘‘(i) to advance the technological capa4 bility and promote the deployment of intel5 ligent transportation system applications 

6 for commercial motor vehicle operations, in7 cluding commercial motor vehicle, commer8 cial driver, and carrier-specific information 

9 systems and networks; and 

10 ‘‘(ii) to support and maintain com11 mercial motor vehicle information systems 

12 and networks— 

13 ‘‘(I) to link Federal motor carrier 

14 safety information systems with State 

15 commercial motor vehicle systems; 

16 ‘‘(II) to improve the safety and 

17 productivity of commercial motor vehi18 cles and drivers; and 

19 ‘‘(III) to reduce costs associated 

20 with commercial motor vehicle oper21 ations and Federal and State commer22 cial motor vehicle regulatory require23 ments. 

24 ‘‘(C) ELIGIBILITY.—To be eligible for a 

25 grant under this paragraph, a State shall— 


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1 ‘‘(i) have a commercial motor vehicle 

2 information systems and networks program 

3 plan approved by the Secretary that de4 scribes the various systems and networks at 

5 the State level that need to be refined, re6 vised, upgraded, or built to accomplish de7 ployment of commercial motor vehicle infor8 mation systems and networks capabilities; 

9 ‘‘(ii) certify to the Secretary that its 

10 commercial motor vehicle information sys11 tems and networks deployment activities, 

12 including hardware procurement, software 

13 and system development, and infrastructure 

14 modifications— 

15 ‘‘(I) are consistent with the na16 tional intelligent transportation sys17 tems and commercial motor vehicle in18 formation systems and networks archi19 tectures and available standards; and 

20 ‘‘(II) promote interoperability 

21 and efficiency to the extent practicable; 

22 and 

23 ‘‘(iii) agree to execute interoperability 

24 tests developed by the Federal Motor Carrier 

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1 tems conform with the national intelligent 

2 transportation systems architecture, appli3 cable standards, and protocols for commer4 cial motor vehicle information systems and 

5 networks. 

6 ‘‘(D) USE OF FUNDS.—Grant funds received 

7 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 el16 igible or maintain eligibility under sub17 paragraph (C); and 

18 ‘‘(iii) for the operation and mainte19 nance costs associated with innovative tech20 nology. 

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 GRANT

4 PROGRAM.—Section 31103 of title 49, United States Code, 

5 is amended to read as follows: 

6 ‘‘§ 31103. Commercial motor vehicle operators grant 

7 program 

8 ‘‘(a) IN GENERAL.—The Secretary shall administer a 

9 commercial motor vehicle operators grant program funded 

10 under section 31104. 

11 ‘‘(b) PURPOSE.—The purpose of the grant program is 

12 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 armed 

17 forces (as defined in section 101 of title 10) in the safe oper18 ation 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; and 

10 ‘‘(E) $339,244,023 for fiscal year 2021. 

11 ‘‘(2) HIGH PRIORITY ACTIVITIES PROGRAM.— 

12 Subject to subsection (c), to make grants and coopera13 tive agreements under section 31102(l), the Secretary 

14 may set aside from amounts made available under 

15 paragraph (1) up to— 

16 ‘‘(A) $40,798,780 for fiscal year 2017; 

17 ‘‘(B) $41,684,114 for fiscal year 2018; 

18 ‘‘(C) $42,442,764 for fiscal year 2019; 

19 ‘‘(D) $43,325,574 for fiscal year 2020; and 

20 ‘‘(E) $44,209,416 for fiscal year 2021. 

21 ‘‘(3) COMMERCIAL MOTOR VEHICLE OPERATORS

22 GRANT PROGRAM.—To carry out section 31103— 

23 ‘‘(A) $1,000,000 for fiscal year 2017; 

24 ‘‘(B) $1,000,000 for fiscal year 2018; 

25 ‘‘(C) $1,000,000 for fiscal year 2019; 


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1 ‘‘(D) $1,000,000 for fiscal year 2020; and 

2 ‘‘(E) $1,000,000 for fiscal year 2021. 

3 ‘‘(4) COMMERCIAL DRIVER’S LICENSE PROGRAM

4 IMPLEMENTATION PROGRAM.—Subject to subsection 

5 (c), to carry out section 31313— 

6 ‘‘(A) $30,958,536 for fiscal year 2017; 

7 ‘‘(B) $31,630,336 for fiscal year 2018; 

8 ‘‘(C) $32,206,008 for fiscal year 2019; 

9 ‘‘(D) $32,875,893 for fiscal year 2020; and 

10 ‘‘(E) $33,546,562 for fiscal year 2021. 

11 ‘‘(b) REIMBURSEMENT AND PAYMENT TO RECIPIENTS

12 FOR GOVERNMENT SHARE OF COSTS.— 

13 ‘‘(1) IN GENERAL.—Amounts made available 

14 under subsection (a) shall be used to reimburse finan15 cial assistance recipients proportionally for the Fed16 eral Government’s share of the costs incurred. 

17 ‘‘(2) REIMBURSEMENT AMOUNTS.—The Secretary 

18 shall reimburse a recipient, in accordance with a fi19 nancial assistance agreement made under section 

20 31102, 31103, or 31313, an amount that is at least 

21 85 percent of the costs incurred by the recipient in a 

22 fiscal year in developing and implementing programs 

23 under such sections. The Secretary shall pay the re24 cipient an amount not more than the Federal Govern25 ment share of the total costs approved by the Federal 


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1 Government in the financial assistance agreement. 

2 The Secretary shall include a recipient’s in-kind con3 tributions in determining the reimbursement. 

4 ‘‘(3) VOUCHERS.—Each recipient shall submit 

5 vouchers at least quarterly for costs the recipient in6 curs in developing and implementing programs under 

7 sections 31102, 31103, and 31313. 

8 ‘‘(c) DEDUCTIONS FOR PARTNER TRAINING AND PRO9 GRAM SUPPORT.—On October 1 of each fiscal year, or as 

10 soon after that date as practicable, the Secretary may de11 duct from amounts made available under paragraphs (1), 

12 (2), and (4) of subsection (a) for that fiscal year not more 

13 than 1.50 percent of those amounts for partner training and 

14 program support in that fiscal year. The Secretary shall 

15 use at least 75 percent of those deducted amounts to train 

16 non-Federal Government employees and to develop related 

17 training materials in carrying out such programs. 

18 ‘‘(d) GRANTS AND COOPERATIVE AGREEMENTS AS

19 CONTRACTUAL OBLIGATIONS.—The approval of a financial 

20 assistance agreement by the Secretary under section 31102, 

21 31103, or 31313 is a contractual obligation of the Federal 

22 Government for payment of the Federal Government’s share 

23 of costs in carrying out the provisions of the grant or coop24 erative agreement. 


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1 ‘‘(e) ELIGIBLE ACTIVITIES.—The Secretary shall es2 tablish criteria for eligible activities to be funded with fi3 nancial assistance agreements under this section and pub4 lish those criteria in a notice of funding availability before 

5 the financial assistance program application period. 

6 ‘‘(f) PERIOD OF AVAILABILITY OF FINANCIAL ASSIST7 ANCE AGREEMENT FUNDS FOR RECIPIENT EXPENDI8 TURES.—The period of availability for a recipient to ex9 pend funds under a grant or cooperative agreement author10 ized under subsection (a) is as follows: 

11 ‘‘(1) For grants made for carrying out section 

12 31102, other than section 31102(l), for the fiscal year 

13 in which the Secretary approves the financial assist14 ance agreement and for the next fiscal year. 

15 ‘‘(2) For grants made or cooperative agreements 

16 entered into for carrying out section 31102(l)(2), for 

17 the fiscal year in which the Secretary approves the fi18 nancial assistance agreement and for the next 2 fiscal 

19 years. 

20 ‘‘(3) For grants made for carrying out section 

21 31102(l)(3), for the fiscal year in which the Secretary 

22 approves the financial assistance agreement and for 

23 the next 4 fiscal years. 

24 ‘‘(4) For grants made for carrying out section 

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1 proves the financial assistance agreement and for the 

2 next fiscal year. 

3 ‘‘(5) For grants made or cooperative agreements 

4 entered into for carrying out section 31313, for the 

5 fiscal year in which the Secretary approves the finan6 cial assistance agreement and for the next 4 fiscal 

7 years. 

8 ‘‘(g) CONTRACT AUTHORITY; INITIAL DATE OF AVAIL9 ABILITY.—Amounts authorized from the Highway Trust 

10 Fund (other than the Mass Transit Account) by this section 

11 shall be available for obligation on the date of their appor12 tionment or allocation or on October 1 of the fiscal year 

13 for which they are authorized, whichever occurs first. 

14 ‘‘(h) AVAILABILITY OF FUNDING.—Amounts made 

15 available under this section shall remain available until ex16 pended.’’. 

17 (d) CLERICAL AMENDMENT.—The analysis for chapter 

18 311 of title 49, United States Code, is amended by striking 

19 the items relating to sections 31102, 31103, and 31104 and 

20 inserting the following: 

‘‘31102. Motor carrier safety assistance program. 

‘‘31103. Commercial motor vehicle operators grant program. 

‘‘31104. Authorization of appropriations.’’. 

21 (e) CONFORMING AMENDMENTS.— 

22 (1) SAFETY FITNESS OF OWNERS AND OPERATOR; 

23 SAFETY REVIEWS OF NEW OPERATORS.—Section 


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1 31144(g) of title 49, United States Code, is amended 

2 by striking paragraph (5). 

3 (2) INFORMATION SYSTEMS; PERFORMANCE AND

4 REGISTRATION INFORMATION PROGRAM.—Section 

5 31106(b) of title 49, United States Code, is amended 

6 by striking paragraph (4). 

7 (3) BORDER ENFORCEMENT GRANTS.—Section 

8 31107 of title 49, United States Code, and the item 

9 relating to that section in the analysis for chapter 

10 311 of that title, are repealed. 

11 (4) PERFORMANCE AND REGISTRATION INFORMA12 TION SYSTEM MANAGEMENT.—Section 31109 of title 

13 49, United States Code, and the item relating to that 

14 section in the analysis for chapter 311 of that title, 

15 are repealed. 

16 (5) COMMERCIAL VEHICLE INFORMATION SYS17 TEMS AND NETWORKS DEPLOYMENT.—Section 4126 of 

18 SAFETEA–LU (49 U.S.C. 31106 note), and the item 

19 relating to that section in the table of contents con20 tained in section 1(b) of that Act, are repealed. 

21 (6) SAFETY DATA IMPROVEMENT PROGRAM.— 

22 Section 4128 of SAFETEA–LU (49 U.S.C. 31100 

23 note), and the item relating to that section in the 

24 table of contents contained in section 1(b) of that Act, 

25 are repealed. 


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1 (7) GRANT PROGRAM FOR COMMERCIAL MOTOR

2 VEHICLE OPERATORS.—Section 4134 of SAFETEA– 

3 LU (49 U.S.C. 31301 note), and the item relating to 

4 that section in the table of contents contained in sec5 tion 1(b) of that Act, are repealed. 

6 (8) MAINTENANCE OF EFFORT AS CONDITION ON

7 GRANTS TO STATES.—Section 103(c) of the Motor 

8 Carrier Safety Improvement Act of 1999 (49 U.S.C. 

9 31102 note) is repealed. 

10 (9) STATE COMPLIANCE WITH CDL REQUIRE11 MENTS.—Section 103(e) of the Motor Carrier Safety 

12 Improvement Act of 1999 (49 U.S.C. 31102 note) is 

13 repealed. 

14 (10) BORDER STAFFING STANDARDS.—Section 

15 218(d) of the Motor Carrier Safety Improvement Act 

16 of 1999 (49 U.S.C. 31133 note) is amended— 

17 (A) in paragraph (1) by striking ‘‘section 

18 31104(f)(2)(B) of title 49, United States Code’’ 

19 and inserting ‘‘section 31104(a)(1) of title 49, 

20 United States Code’’; and 

21 (B) by striking paragraph (3). 

22 (f) EFFECTIVE DATE.—The amendments made by this 

23 section shall take effect on October 1, 2016. 

24 (g) TRANSITION.—Notwithstanding the amendments 

25 made by this section, the Secretary shall carry out sections 


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1 31102, 31103, 31104 of title 49, United States Code, and 

2 any sections repealed under subsection (e), as necessary, as 

3 those sections were in effect on the day before October 1, 

4 2016, with respect to applications for grants, cooperative 

5 agreements, or contracts under those sections submitted be6 fore October 1, 2016. 

7 SEC. 5102. PERFORMANCE AND REGISTRATION INFORMA8 TION SYSTEMS MANAGEMENT. 

9 Section 31106(b) of title 49, United States Code, is 

10 amended in the subheading by striking ‘‘PROGRAM’’ and in11 serting ‘‘SYSTEMS MANAGEMENT’’. 

12 SEC. 5103. AUTHORIZATION OF APPROPRIATIONS. 

13 (a) IN GENERAL.—Subchapter I of chapter 311 of title 

14 49, United States Code, is amended by adding at the end 

15 the following: 

16 ‘‘§ 31110. Authorization of appropriations 

17 ‘‘(a) ADMINISTRATIVE EXPENSES.—There is author18 ized to be appropriated from the Highway Trust Fund 

19 (other than the Mass Transit Account) for the Secretary of 

20 Transportation to pay administrative expenses of the Fed21 eral Motor Carrier Safety Administration— 

22 ‘‘(1) $259,000,000 for fiscal year 2016; 

23 ‘‘(2) $259,000,000 for fiscal year 2017; 

24 ‘‘(3) $259,000,000 for fiscal year 2018; 

25 ‘‘(4) $259,000,000 for fiscal year 2019; 


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1 ‘‘(5) $259,000,000 for fiscal year 2020; and 

2 ‘‘(6) $259,000,000 for fiscal year 2021. 

3 ‘‘(b) USE OF FUNDS.—The funds authorized by this 

4 section shall be used for— 

5 ‘‘(1) personnel costs; 

6 ‘‘(2) administrative infrastructure; 

7 ‘‘(3) rent; 

8 ‘‘(4) information technology; 

9 ‘‘(5) programs for research and technology, infor10 mation management, regulatory development, and the 

11 administration of performance and registration infor12 mation systems management under section 31106(b); 

13 ‘‘(6) programs for outreach and education under 

14 subsection (c); 

15 ‘‘(7) other operating expenses; 

16 ‘‘(8) conducting safety reviews of new operators; 

17 and 

18 ‘‘(9) such other expenses as may from time to 

19 time become necessary to implement statutory man20 dates of the Federal Motor Carrier Safety Adminis21 tration not funded from other sources. 

22 ‘‘(c) OUTREACH AND EDUCATION PROGRAM.— 

23 ‘‘(1) IN GENERAL.—The Secretary may conduct, 

24 through any combination of grants, contracts, cooper25 ative agreements, and other activities, an internal 


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1 and external outreach and education program to be 

2 administered by the Administrator of the Federal 

3 Motor Carrier Safety Administration. 

4 ‘‘(2) FEDERAL SHARE.—The Federal share of an 

5 outreach and education project for which a grant, 

6 contract, or cooperative agreement is made under this 

7 subsection may be up to 100 percent of the cost of the 

8 project. 

9 ‘‘(3) FUNDING.—From amounts made available 

10 under subsection (a), the Secretary shall make avail11 able not more than $4,000,000 each fiscal year. 

12 ‘‘(d) CONTRACT AUTHORITY; INITIAL DATE OF AVAIL13 ABILITY.—Amounts authorized from the Highway Trust 

14 Fund (other than the Mass Transit Account) by this section 

15 shall be available for obligation on the date of their appor16 tionment or allocation or on October 1 of the fiscal year 

17 for which they are authorized, whichever occurs first. 

18 ‘‘(e) FUNDING AVAILABILITY.—Amounts made avail19 able under this section shall remain available until ex20 pended. 

21 ‘‘(f) CONTRACTUAL OBLIGATION.—The approval of 

22 funds by the Secretary under this section is a contractual 

23 obligation of the Federal Government for payment of the 

24 Federal Government’s share of costs.’’. 


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1 (b) CLERICAL AMENDMENT.—The analysis for chapter 

2 311 of title 49, United States Code, is amended by adding 

3 at the end of the items relating to subchapter I the following: 

‘‘31110. Authorization of appropriations.’’. 

4 (c) CONFORMING AMENDMENTS.— 

5 (1) ADMINISTRATIVE EXPENSES; AUTHORIZATION

6 OF APPROPRIATIONS.—Section 31104 of title 49, 

7 United States Code, is amended— 

8 (A) by striking subsection (i); and 

9 (B) by redesignating subsections (j) and (k) 

10 as subsections (i) and (j), respectively. 

11 (2) USE OF AMOUNTS MADE AVAILABLE UNDER

12 SUBSECTION (i).—Section 4116(d) of SAFETEA–LU 

13 (49 U.S.C. 31104 note) is amended by striking ‘‘sec14 tion 31104(i)’’ and inserting ‘‘section 31110’’. 

15 (3) INTERNAL COOPERATION.—Section 31161 of 

16 title 49, United States Code, is amended by striking 

17 ‘‘section 31104(i)’’ and inserting ‘‘section 31110’’. 

18 (4) SAFETEA–LU; OUTREACH AND EDU19 CATION.—Section 4127 of SAFETEA–LU (119 Stat. 

20 1741; Public Law 109–59), and the item relating to 

21 that section in the table of contents contained in sec22 tion 1(b) of that Act, are repealed. 


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1 SEC. 5104. COMMERCIAL DRIVER’S LICENSE PROGRAM IM2 PLEMENTATION. 

3 (a) IN GENERAL.—Section 31313 of title 49, United 

4 States Code, is amended to read as follows: 

5 ‘‘§ 31313. Commercial driver’s license program imple6 mentation financial assistance program 

7 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

8 shall administer a financial assistance program for com9 mercial driver’s license program implementation for the 

10 purposes described in paragraphs (1) and (2). 

11 ‘‘(1) STATE COMMERCIAL DRIVER’S LICENSE

12 PROGRAM IMPLEMENTATION GRANTS.—In carrying 

13 out the program, the Secretary may make a grant to 

14 a State agency in a fiscal year— 

15 ‘‘(A) to assist the State in complying with 

16 the requirements of section 31311; 

17 ‘‘(B) in the case of a State that is making 

18 a good faith effort toward substantial compliance 

19 with the requirements of section 31311, to im20 prove the State’s implementation of its commer21 cial driver’s license program, including ex22 penses— 

23 ‘‘(i) for computer hardware and soft24 ware; 

25 ‘‘(ii) for publications, testing, per26 sonnel, training, and quality control; 


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1 ‘‘(iii) for commercial driver’s license 

2 program coordinators; and 

3 ‘‘(iv) to implement or maintain a sys4 tem to notify an employer of an operator of 

5 a commercial motor vehicle of the suspen6 sion or revocation of the operator’s commer7 cial driver’s license consistent with the 

8 standards developed under section 32303(b) 

9 of the Commercial Motor Vehicle Safety En10 hancement Act of 2012 (49 U.S.C. 31304 

11 note). 

12 ‘‘(2) PRIORITY ACTIVITIES.—The Secretary may 

13 make a grant to or enter into a cooperative agreement 

14 with a State agency, local government, or any person 

15 in a fiscal year for research, development and testing, 

16 demonstration projects, public education, and other 

17 special activities and projects relating to commercial 

18 drivers licensing and motor vehicle safety that— 

19 ‘‘(A) benefit all jurisdictions of the United 

20 States; 

21 ‘‘(B) address national safety concerns and 

22 circumstances; 

23 ‘‘(C) address emerging issues relating to 

24 commercial driver’s license improvements; 


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1 ‘‘(D) support innovative ideas and solutions 

2 to commercial driver’s license program issues; or 

3 ‘‘(E) address other commercial driver’s li4 cense issues, as determined by the Secretary. 

5 ‘‘(b) PROHIBITIONS.—A recipient may not use finan6 cial assistance funds awarded under this section to rent, 

7 lease, or buy land or buildings. 

8 ‘‘(c) REPORT.—The Secretary shall issue an annual 

9 report on the activities carried out under this section. 

10 ‘‘(d) APPORTIONMENT.—All amounts made available 

11 to carry out this section for a fiscal year shall be appor12 tioned to a recipient described in subsection (a)(2) accord13 ing to criteria prescribed by the Secretary. 

14 ‘‘(e) FUNDING.—For fiscal years beginning after Sep15 tember 30, 2016, this section shall be funded under section 

16 31104.’’. 

17 (b) CLERICAL AMENDMENT.—The analysis for chapter 

18 313 of title 49, United States Code, is amended by striking 

19 the item relating to section 31313 and inserting the fol20 lowing: 

‘‘31313. Commercial driver’s license program implementation financial assistance 

program.’’. 

21 SEC. 5105. EXTENSION OF FEDERAL MOTOR CARRIER SAFE22 TY PROGRAMS FOR FISCAL YEAR 2016. 

23 (a) MOTOR CARRIER SAFETY ASSISTANCE PROGRAM

24 GRANT EXTENSION.—Section 31104(a) of title 49, United 


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1 States Code, is amended by striking paragraphs (10) and 

2 (11) and inserting the following: 

3 ‘‘(10) $218,000,000 for fiscal year 2015; and 

4 ‘‘(11) $241,480,000 for fiscal year 2016.’’. 

5 (b) EXTENSION OF GRANT PROGRAMS.—Section 

6 4101(c) of SAFETEA–LU (119 Stat. 1715; Public Law 

7 109–59) is amended to read as follows: 

8 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—The fol9 lowing sums are authorized to be appropriated from the 

10 Highway Trust Fund (other than the Mass Transit Ac11 count): 

12 ‘‘(1) COMMERCIAL DRIVER’S LICENSE PROGRAM

13 IMPROVEMENT GRANTS.—For carrying out the com14 mercial driver’s license program improvement grants 

15 program under section 31313 of title 49, United 

16 States Code, $30,480,000 for fiscal year 2016. 

17 ‘‘(2) BORDER ENFORCEMENT GRANTS.—For bor18 der enforcement grants under section 31107 of that 

19 title $32,512,000 for fiscal year 2016. 

20 ‘‘(3) PERFORMANCE AND REGISTRATION INFOR21 MATION SYSTEMS MANAGEMENT GRANT PROGRAM.— 

22 For the performance and registration information 

23 systems management grant program under section 

24 31109 of that title $5,080,000 for fiscal year 2016. 


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1 ‘‘(4) COMMERCIAL VEHICLE INFORMATION SYS2 TEMS AND NETWORKS DEPLOYMENT.—For carrying 

3 out the commercial vehicle information systems and 

4 networks deployment program under section 4126 of 

5 this Act $25,400,000 for fiscal year 2016. 

6 ‘‘(5) SAFETY DATA IMPROVEMENT GRANTS.—For 

7 safety data improvement grants under section 4128 of 

8 this Act $3,048,000 for fiscal year 2016.’’. 

9 (c) HIGH-PRIORITY ACTIVITIES.—Section 31104(j)(2) 

10 of title 49, United States Code, as redesignated by this sub11 title, is amended by striking ‘‘2015’’ the first place it ap12 pears and inserting ‘‘2016’’. 

13 (d) NEW ENTRANT AUDITS.—Section 31144(g)(5)(B) 

14 of title 49, United States Code, is amended to read as fol15 lows: 

16 ‘‘(B) SET ASIDE.—The Secretary shall set 

17 aside from amounts made available under sec18 tion 31104(a) up to $32,000,000 for fiscal year 

19 2016 for audits of new entrant motor carriers 

20 conducted under this paragraph.’’. 

21 (e) GRANT PROGRAM FOR COMMERCIAL MOTOR VEHI22 CLE OPERATORS.—Section 4134(c) of SAFETEA–LU (49 

23 U.S.C. 31301 note) is amended to read as follows: 

24 ‘‘(c) FUNDING.—From amounts made available under 

25 section 31110 of title 49, United States Code, the Secretary 


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1 shall make available, $1,000,000 for fiscal year 2016 to 

2 carry out this section.’’. 

3 (f) COMMERCIAL VEHICLE INFORMATION SYSTEMS

4 AND NETWORKS DEPLOYMENT.— 

5 (1) IN GENERAL.—Section 4126 of SAFETEA– 

6 LU (49 U.S.C. 31106 note; 119 Stat. 1738; Public 

7 Law 109–59) is amended— 

8 (A) in subsection (c)— 

9 (i) in paragraph (2) by adding at the 

10 end the following: ‘‘Funds deobligated by the 

11 Secretary from previous year grants shall 

12 not be counted toward the $2,500,000 max13 imum aggregate amount for core deploy14 ment.’’; and 

15 (ii) in paragraph (3) by adding at the 

16 end the following: ‘‘Funds may also be used 

17 for planning activities, including the devel18 opment or updating of program or top level 

19 design plans.’’; and 

20 (B) in subsection (d)(4) by adding at the 

21 end the following: ‘‘Funds may also be used for 

22 planning activities, including the development or 

23 updating of program or top level design plans.’’. 

24 (2) INNOVATIVE TECHNOLOGY DEPLOYMENT PRO25 GRAM.—For fiscal year 2016, the commercial vehicle 


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1 information systems and networks deployment pro2 gram under section 4126 of SAFETEA–LU (119 

3 Stat. 1738; Public Law 109–59) may also be referred 

4 to as the innovative technology deployment program. 

5 SEC. 5106. MOTOR CARRIER SAFETY ASSISTANCE PROGRAM 

6 ALLOCATION. 

7 (a) WORKING GROUP.— 

8 (1) ESTABLISHMENT.—Not later than 180 days 

9 after the date of enactment of this Act, the Secretary 

10 shall establish a motor carrier safety assistance pro11 gram formula working group (in this section referred 

12 to as the ‘‘working group’’). 

13 (2) MEMBERSHIP.— 

14 (A) IN GENERAL.—Subject to subparagraph 

15 (B), the working group shall consist of represent16 atives of the following: 

17 (i) The Federal Motor Carrier Safety 

18 Administration. 

19 (ii) The lead State commercial motor 

20 vehicle safety agencies responsible for ad21 ministering the plan required by section 

22 31102 of title 49, United States Code. 

23 (iii) An organization representing 

24 State agencies responsible for enforcing a 


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1 program for inspection of commercial motor 

2 vehicles. 

3 (iv) Such other persons as the Sec4 retary considers necessary. 

5 (B) COMPOSITION.—Representatives of 

6 State commercial motor vehicle safety agencies 

7 shall comprise at least 51 percent of the member8 ship. 

9 (3) NEW ALLOCATION FORMULA.—The working 

10 group shall analyze requirements and factors for the 

11 establishment of a new allocation formula for the 

12 motor carrier assistance program under section 31102 

13 of title 49, United States Code. 

14 (4) RECOMMENDATION.—Not later than 1 year 

15 after the date the working group is established under 

16 paragraph (1), the working group shall make a rec17 ommendation to the Secretary regarding a new allo18 cation formula for the motor carrier assistance pro19 gram. 

20 (5) EXEMPTION.—The Federal Advisory Com21 mittee Act (5 U.S.C. App.) shall not apply to the 

22 working group established under this subsection. 

23 (6) PUBLICATION.—The Administrator of the 

24 Federal Motor Carrier Safety Administration shall 


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1 publish on a publicly accessible Internet Web site of 

2 the Federal Motor Carrier Safety Administration— 

3 (A) summaries of the meetings of the work4 ing group; and 

5 (B) the final recommendation of the work6 ing group provided to the Secretary. 

7 (b) NOTICE OF PROPOSED RULEMAKING.—After re8 ceiving the recommendation of the working group under 

9 subsection (a)(4), the Secretary shall publish in the Federal 

10 Register a notice seeking public comment on the establish11 ment of a new allocation formula for the motor carrier safe12 ty assistance program. 

13 (c) BASIS FOR FORMULA.—The Secretary shall ensure 

14 that the new allocation formula for the motor carrier assist15 ance program is based on factors that reflect, at a min16 imum— 

17 (1) the relative needs of the States to comply 

18 with section 31102 of title 49, United States Code; 

19 (2) the relative administrative capacities of and 

20 challenges faced by States in complying with that sec21 tion; 

22 (3) the average of each State’s new entrant motor 

23 carrier inventory for the 3-year period prior to the 

24 date of enactment of this Act; 


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1 (4) the number of international border inspec2 tion facilities and border crossings by commercial ve3 hicles in each State; and 

4 (5) any other factors the Secretary considers ap5 propriate. 

6 (d) FUNDING AMOUNTS PRIOR TO DEVELOPMENT OF

7 NEW ALLOCATION FORMULA.— 

8 (1) INTERIM FORMULA.—Prior to the develop9 ment of the new allocation formula for the motor car10 rier assistance program, the Secretary may calculate 

11 the interim funding amounts for that program in fis12 cal year 2017 (and later fiscal years, as necessary) 

13 under section 31104(a)(1) of title 49, United States 

14 Code, as amended by this subtitle, by using the fol15 lowing methodology: 

16 (A) The Secretary shall calculate the fund17 ing amount to a State using the allocation for18 mula the Secretary used to award motor carrier 

19 safety assistance program funding in fiscal year 

20 2016 under section 31102 of title 49, United 

21 States Code. 

22 (B) The Secretary shall average the funding 

23 awarded or other equitable amounts to a State 

24 in fiscal years 2013, 2014, and 2015 for— 


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1 (i) border enforcement grants under 

2 section 31107 of title 49, United States 

3 Code; and 

4 (ii) new entrant audit grants under 

5 section 31144(g)(5) of that title. 

6 (C) The Secretary shall add the amounts 

7 calculated in subparagraphs (A) and (B). 

8 (2) ADJUSTMENTS.—Subject to the availability 

9 of funding and notwithstanding fluctuations in the 

10 data elements used by the Secretary, the initial 

11 amounts resulting from the calculation described in 

12 paragraph (1) shall be adjusted to ensure that, for 

13 each State, the amount shall not be less than 97 per14 cent of the average amount of funding received or 

15 other equitable amounts in fiscal years 2013, 2014, 

16 and 2015 for— 

17 (A) motor carrier safety assistance program 

18 funds awarded to the State under section 31102 

19 of title 49, United States Code; 

20 (B) border enforcement grants awarded to 

21 the State under section 31107 of title 49, United 

22 States Code; and 

23 (C) new entrant audit grants awarded to 

24 the State under section 31144(g)(5) of title 49, 

25 United States Code. 


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1 (3) IMMEDIATE RELIEF.—In developing the new 

2 allocation formula, the Secretary shall terminate the 

3 withholding of motor carrier assistance program 

4 funds from a State for at least 3 fiscal years if the 

5 State was subject to the withholding of such funds for 

6 matters of noncompliance immediately prior to the 

7 date of enactment of this Act. 

8 (4) FUTURE WITHHOLDINGS.—Beginning on the 

9 date that the new allocation formula for the motor 

10 carrier assistance program is implemented, the Sec11 retary shall impose all future withholdings in accord12 ance with section 31102(k) of title 49, United States 

13 Code, as amended by this subtitle. 

14 (e) TERMINATION OF WORKING GROUP.—The working 

15 group established under subsection (a) shall terminate on 

16 the date of the implementation of a new allocation formula 

17 for the motor carrier safety assistance program. 

18 SEC. 5107. MAINTENANCE OF EFFORT CALCULATION. 

19 (a) BEFORE NEW ALLOCATION FORMULA.— 

20 (1) FISCAL YEAR 2017.—If a new allocation for21 mula for the motor carrier safety assistance program 

22 has not been established under this subtitle for fiscal 

23 year 2017, the Secretary shall calculate for fiscal year 

24 2017 the maintenance of effort baseline required 

25 under section 31102(f) of title 49, United States Code, 


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1 as amended by this subtitle, by averaging the expend2 itures for fiscal years 2004 and 2005 required by sec3 tion 31102(b)(4) of title 49, United States Code, as 

4 that section was in effect on the day before the date 

5 of enactment of this Act. 

6 (2) SUBSEQUENT FISCAL YEARS.—The Secretary 

7 may use the methodology for calculating the mainte8 nance of effort baseline specified in paragraph (1) for 

9 fiscal year 2018 and subsequent fiscal years if a new 

10 allocation formula for the motor carrier safety assist11 ance program has not been established for that fiscal 

12 year. 

13 (b) BEGINNING WITH NEW ALLOCATION FORMA14 TION.— 

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

16 (3)(B), beginning on the date that a new allocation 

17 formula for the motor carrier safety assistance pro18 gram is established under this subtitle, upon the re19 quest of a State, the Secretary may waive or modify 

20 the baseline maintenance of effort required of the 

21 State by section 31102(e) of title 49, United States 

22 Code, as amended by this subtitle, for the purpose of 

23 establishing a new baseline maintenance of effort if 

24 the Secretary determines that a waiver or modifica25 tion— 


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1 (A) is equitable due to reasonable cir2 cumstances; 

3 (B) will ensure the continuation of commer4 cial motor vehicle enforcement activities in the 

5 State; and 

6 (C) is necessary to ensure that the total 

7 amount of State maintenance of effort and 

8 matching expenditures required under sections 

9 31102 and 31104 of title 49, United States Code, 

10 as amended by this subtitle, does not exceed a 

11 sum greater than the average of the total amount 

12 of State maintenance of effort and matching ex13 penditures required under those sections for the 

14 3 fiscal years prior to the date of enactment of 

15 this Act. 

16 (2) ADJUSTMENT METHODOLOGY.—If requested 

17 by a State, the Secretary may modify the mainte18 nance of effort baseline referred to in paragraph (1) 

19 for the State according to the following methodology: 

20 (A) The Secretary shall establish the main21 tenance of effort baseline for the State using the 

22 average baseline of fiscal years 2004 and 2005, 

23 as required by section 31102(b)(4) of title 49, 

24 United States Code, as that section was in effect 


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1 on the day before the date of enactment of this 

2 Act. 

3 (B) The Secretary shall calculate the aver4 age required match by a lead State commercial 

5 motor vehicle safety agency for fiscal years 2013, 

6 2014, and 2015 for motor carrier safety assist7 ance grants established at 20 percent by section 

8 31103 of title 49, United States Code, as that 

9 section was in effect on the day before the date 

10 of enactment of this Act. 

11 (C) The Secretary shall calculate the esti12 mated match required under section 31104(b) of 

13 title 49, United States Code, as amended by this 

14 subtitle. 

15 (D) The Secretary shall subtract the amount 

16 in subparagraph (B) from the amount in sub17 paragraph (C) and— 

18 (i) if the number is greater than 0, the 

19 Secretary shall subtract the number from 

20 the amount in subparagraph (A); or 

21 (ii) if the number is not greater than 

22 0, the Secretary shall calculate the mainte23 nance of effort using the methodology in 

24 subparagraph (A). 

25 (3) MAINTENANCE OF EFFORT AMOUNT.— 


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1 (A) IN GENERAL.—The Secretary shall use 

2 the amount calculated under paragraph (2) as 

3 the baseline maintenance of effort required under 

4 section 31102(f) of title 49, United States Code, 

5 as amended by this subtitle. 

6 (B) DEADLINE.—If a State does not request 

7 a waiver or modification under this subsection 

8 before September 30 during the first fiscal year 

9 that the Secretary implements a new allocation 

10 formula for the motor carrier safety assistance 

11 program under this subtitle, the Secretary shall 

12 calculate the maintenance of effort using the 

13 methodology described in paragraph (2)(A). 

14 (4) MAINTENANCE OF EFFORT DESCRIBED.—The 

15 maintenance of effort calculated under this section is 

16 the amount required under section 31102(f) of title 

17 49, United States Code, as amended by this subtitle. 

18 (c) TERMINATION OF EFFECTIVENESS.—The authority 

19 of the Secretary under this section shall terminate effective 

20 on the date that a new maintenance of effort baseline is 

21 calculated based on a new allocation formula for the motor 

22 carrier safety assistance program implemented under sec23 tion 31102 of title 49, United States Code. 


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1 Subtitle B—Federal Motor Carrier 

2 Safety Administration Reform 

3 PART I—REGULATORY REFORM 

4 SEC. 5201. NOTICE OF CANCELLATION OF INSURANCE. 

5 Section 13906(e) of title 49, United States Code, is 

6 amended by inserting ‘‘or suspend’’ after ‘‘revoke’’. 

7 SEC. 5202. REGULATIONS. 

8 Section 31136 of title 49, United States Code, is 

9 amended— 

10 (1) by redesignating subsection (f) as subsection 

11 (g) and transferring such subsection to appear at the 

12 end of section 31315 of such title; and 

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

14 ‘‘(f) REGULATORY IMPACT ANALYSIS.—Within each 

15 regulatory impact analysis of a proposed or final rule 

16 issued by the Federal Motor Carrier Safety Administration, 

17 the Secretary shall, whenever practicable— 

18 ‘‘(1) consider the effects of the proposed or final 

19 rule on different segments of the motor carrier indus20 try; 

21 ‘‘(2) formulate estimates and findings based on 

22 the best available science; and 

23 ‘‘(3) utilize available data specific to the dif24 ferent types of motor carriers, including small and 


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1 large carriers, and drivers that will be impacted by 

2 the proposed or final rule. 

3 ‘‘(g) PUBLIC PARTICIPATION.— 

4 ‘‘(1) IN GENERAL.—If a proposed rule promul5 gated under this part is likely to lead to the promul6 gation of a major rule, the Secretary, before promul7 gating such proposed rule, shall— 

8 ‘‘(A) issue an advance notice of proposed 

9 rulemaking; or 

10 ‘‘(B) proceed with a negotiated rulemaking. 

11 ‘‘(2) REQUIREMENTS.—Each advance notice of 

12 proposed rulemaking issued under paragraph (1) 

13 shall— 

14 ‘‘(A) identify the need for a potential regu15 latory action; 

16 ‘‘(B) identify and request public comment 

17 on the best available science or technical infor18 mation relevant to analyzing potential regu19 latory alternatives; 

20 ‘‘(C) request public comment on the avail21 able data and costs with respect to regulatory al22 ternatives reasonably likely to be considered as 

23 part of the rulemaking; and 

24 ‘‘(D) request public comment on available 

25 alternatives to regulation. 


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1 ‘‘(3) WAIVER.—This subsection does not apply to 

2 a proposed rule if the Secretary, for good cause, finds 

3 (and incorporates the finding and a brief statement 

4 of reasons for such finding in the proposed or final 

5 rule) that an advance notice of proposed rulemaking 

6 is impracticable, unnecessary, or contrary to the pub7 lic interest. 

8 ‘‘(h) REVIEW OF RULES.— 

9 ‘‘(1) IN GENERAL.—Once every 5 years, the Sec10 retary shall conduct a review of regulations issued 

11 under this part. 

12 ‘‘(2) SCHEDULE.—At the beginning of each 5- 

13 year review period, the Secretary shall publish a 

14 schedule that sets forth the plan for completing the re15 view under paragraph (1) within 5 years. 

16 ‘‘(3) NOTIFICATION OF CHANGES.—During each 

17 review period, the Secretary shall address any 

18 changes to the schedule published under paragraph 

19 (2) and notify the public of such changes. 

20 ‘‘(4) CONSIDERATION OF PETITIONS.—In con21 ducting a review under paragraph (1), the Secretary 

22 shall consider petitions for regulatory action under 

23 this part received by the Administrator of the Federal 

24 Motor Carrier Safety Administration. 


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1 ‘‘(5) ASSESSMENT.—At the conclusion of each re2 view under paragraph (1), the Secretary shall publish 

3 on a publicly accessible Internet Web site of the De4 partment of Transportation an assessment that in5 cludes— 

6 ‘‘(A) an inventory of the regulations issued 

7 during the 5-year period ending on the date on 

8 which the assessment is published; 

9 ‘‘(B) a determination of whether the regula10 tions are— 

11 ‘‘(i) consistent and clear; 

12 ‘‘(ii) current with the operational re13 alities of the motor carrier industry; and 

14 ‘‘(iii) uniformly enforced; and 

15 ‘‘(C) an assessment of whether the regula16 tions continue to be necessary. 

17 ‘‘(6) RULEMAKING.—Not later than 2 years after 

18 the completion of each review under this subsection, 

19 the Secretary shall initiate a rulemaking to amend 

20 regulations as necessary to address the determinations 

21 made under paragraph (5)(B) and the results of the 

22 assessment under paragraph (5)(C). 

23 ‘‘(i) RULE OF CONSTRUCTION.—Nothing in subsection 

24 (f) or (g) may be construed to limit the contents of an ad25 vance notice of proposed rulemaking.’’. 


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1 SEC. 5203. GUIDANCE. 

2 (a) IN GENERAL.— 

3 (1) DATE OF ISSUANCE AND POINT OF CON4 TACT.—Each guidance document issued by the Fed5 eral Motor Carrier Safety Administration shall have 

6 a date of issuance or a date of revision, as applicable, 

7 and shall include the name and contact information 

8 of a point of contact at the Administration who can 

9 respond to questions regarding the guidance. 

10 (2) PUBLIC ACCESSIBILITY.— 

11 (A) IN GENERAL.—Each guidance document 

12 issued or revised by the Federal Motor Carrier 

13 Safety Administration shall be published on a 

14 publicly accessible Internet Web site of the De15 partment on the date of issuance or revision. 

16 (B) REDACTION.—The Administrator of the 

17 Federal Motor Carrier Safety Administration 

18 may redact from a guidance document published 

19 under subparagraph (A) any information that 

20 would reveal investigative techniques that would 

21 compromise Administration enforcement efforts. 

22 (3) INCORPORATION INTO REGULATIONS.—Not 

23 later than 5 years after the date on which a guidance 

24 document is published under paragraph (2) or during 

25 an applicable review under subsection (c), whichever 

26 is earlier, the Secretary shall revise regulations to inVerDate Sep 11 2014 20:27 Oct 29, 2015 Jkt 059200 PO 00000 Frm 00404 Fmt 6652 Sfmt 6203 E:\BILLS\H3763.RH H3763

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1 corporate the guidance document to the extent prac2 ticable. 

3 (4) REISSUANCE.—If a guidance document is 

4 not incorporated into regulations in accordance with 

5 paragraph (3), the Administrator shall— 

6 (A) reissue an updated version of the guid7 ance document; and 

8 (B) review and reissue an updated version 

9 of the guidance document every 5 years until the 

10 date on which the guidance document is removed 

11 or incorporated into applicable regulations. 

12 (b) INITIAL REVIEW.—Not later than 1 year after the 

13 date of enactment of this Act, the Administrator shall re14 view all guidance documents published under subsection (a) 

15 to ensure that such documents are current, are readily ac16 cessible to the public, and meet the standards specified in 

17 subparagraphs (A), (B), and (C) of subsection (c)(1). 

18 (c) REGULAR REVIEW.— 

19 (1) IN GENERAL.—Subject to paragraph (2), not 

20 less than once every 5 years, the Administrator shall 

21 conduct a comprehensive review of the guidance docu22 ments issued by the Federal Motor Carrier Safety Ad23 ministration to determine whether such documents 

24 are— 

25 (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 beginning 

5 a review under paragraph (1), the Administrator 

6 shall publish in the Federal Register a notice and re7 quest for comment that solicits input from stake8 holders on which guidance documents should be up9 dated 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 site 

15 of the Department a report detailing the review 

16 and a full inventory of the guidance documents 

17 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 section, 

23 the term ‘‘guidance document’’ means a document issued 

24 by the Federal Motor Carrier Safety Administration 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 Admin4 istration. 

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 Web 

9 site of the Department a summary of all petitions for 

10 regulatory action submitted to the Administration; 

11 (2) prioritize the petitions submitted based on 

12 the likelihood of safety improvements resulting from 

13 the regulatory action requested; 

14 (3) not later than 180 days after the date a sum15 mary of a petition is published under paragraph (1), 

16 formally respond to such petition by indicating 

17 whether the Administrator will accept, deny, or fur18 ther review the petition; 

19 (4) prioritize responses to petitions consistent 

20 with a response’s potential to reduce crashes, improve 

21 enforcement, and reduce unnecessary burdens; and 

22 (5) not later than 60 days after the date of re23 ceipt of a petition, publish on a publicly accessible 

24 Internet Web site of the Department an updated in25 ventory of the petitions described in paragraph (1), 


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1 including any applicable disposition information for 

2 those petitions. 

3 (b) PETITION DEFINED.—In this section, the term ‘‘pe4 tition’’ means a request for a new regulation, a regulatory 

5 interpretation or clarification, or a review of a regulation 

6 to eliminate or modify an obsolete, ineffective, or overly bur7 densome regulation. 

8 PART II—COMPLIANCE, SAFETY, 

9 ACCOUNTABILITY REFORM 

10 SEC. 5221. CORRELATION STUDY. 

11 (a) IN GENERAL.—The Administrator of the Federal 

12 Motor Carrier Safety Administration (referred to in this 

13 part as the ‘‘Administrator’’) shall commission the National 

14 Research Council of the National Academies to conduct a 

15 study of— 

16 (1) the Compliance, Safety, Accountability pro17 gram of the Federal Motor Carrier Safety Adminis18 tration (referred to in this part as the ‘‘CSA pro19 gram’’); and 

20 (2) the Safety Measurement System utilized by 

21 the CSA program (referred to in this part as the 

22 ‘‘SMS’’). 

23 (b) SCOPE OF STUDY.—In carrying out the study com24 missioned pursuant to subsection (a), the National Research 

25 Council— 


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1 (1) shall analyze— 

2 (A) the accuracy with which the Behavior 

3 Analysis and Safety Improvement Categories 

4 (referred to in this part as ‘‘BASIC’’)— 

5 (i) identify high risk carriers; and 

6 (ii) predict or are correlated with fu7 ture crash risk, crash severity, or other safe8 ty indicators for motor carriers; 

9 (B) the methodology used to calculate 

10 BASIC percentiles and identify carriers for en11 forcement, including the weights assigned to par12 ticular violations and the tie between crash risk 

13 and specific regulatory violations, with respect to 

14 accurately identifying and predicting future 

15 crash risk for motor carriers; 

16 (C) the relative value of inspection informa17 tion and roadside enforcement data; 

18 (D) any data collection gaps or data suffi19 ciency problems that may exist and the impact 

20 of those gaps and problems on the efficacy of the 

21 CSA program; 

22 (E) the accuracy of safety data, including 

23 the use of crash data from crashes in which a 

24 motor carrier was free from fault; 


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1 (F) whether BASIC percentiles for motor 

2 carriers of passengers should be calculated dif3 ferently than for motor carriers of freight; 

4 (G) the differences in the rates at which 

5 safety violations are reported to the Federal 

6 Motor Carrier Safety Administration for inclu7 sion in the SMS by various enforcement authori8 ties, including States, territories, and Federal 

9 inspectors; and 

10 (H) how members of the public use the SMS 

11 and what effect making the SMS information 

12 public has had on reducing crashes and elimi13 nating unsafe motor carriers from the industry; 

14 and 

15 (2) shall consider— 

16 (A) whether the SMS provides comparable 

17 precision and confidence, through SMS alerts 

18 and percentiles, for the relative crash risk of in19 dividual large and small motor carriers; 

20 (B) whether alternatives to the SMS would 

21 identify high risk carriers more accurately; and 

22 (C) the recommendations and findings of 

23 the Comptroller General of the United States and 

24 the Inspector General of the Department, and 


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1 independent review team reports, issued before 

2 the date of enactment of this Act. 

3 (c) REPORT.—Not later than 18 months after the date 

4 of enactment of this Act, the Administrator shall submit 

5 a report containing the results of the study commissioned 

6 pursuant to subsection (a) to— 

7 (1) the Committee on Commerce, Science, and 

8 Transportation of the Senate; 

9 (2) the Committee on Transportation and Infra10 structure of the House of Representatives; and 

11 (3) the Inspector General of the Department. 

12 (d) CORRECTIVE ACTION PLAN.— 

13 (1) IN GENERAL.—Not later than 120 days after 

14 the Administrator submits the report under subsection 

15 (c), if that report identifies a deficiency or oppor16 tunity for improvement in the CSA program or in 

17 any element of the SMS, the Administrator shall sub18 mit to the Committee on Commerce, Science, and 

19 Transportation of the Senate and the Committee on 

20 Transportation and Infrastructure of the House of 

21 Representatives a corrective action plan that— 

22 (A) responds to the deficiencies or opportu23 nities identified by the report; 


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1 (B) identifies how the Federal Motor Car2 rier Safety Administration will address such de3 ficiencies or opportunities; and 

4 (C) provides an estimate of the cost, includ5 ing with respect to changes in staffing, enforce6 ment, and data collection, necessary to address 

7 such deficiencies or opportunities. 

8 (2) PROGRAM REFORMS.—The corrective action 

9 plan submitted under paragraph (1) shall include an 

10 implementation plan that— 

11 (A) includes benchmarks; 

12 (B) includes programmatic reforms, revi13 sions to regulations, or proposals for legislation; 

14 and 

15 (C) shall be considered in any rulemaking 

16 by the Department that relates to the CSA pro17 gram, including the SMS. 

18 (e) INSPECTOR GENERAL REVIEW.—Not later than 

19 120 days after the Administrator submits a corrective ac20 tion plan under subsection (d), the Inspector General of the 

21 Department shall— 

22 (1) review the extent to which such plan imple23 ments— 

24 (A) recommendations contained in the re25 port submitted under subsection (c); and 


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1 (B) relevant recommendations issued by the 

2 Comptroller General or the Inspector General be3 fore the date of enactment of this Act; and 

4 (2) submit to the Committee on Commerce, 

5 Science, and Transportation of the Senate and the 

6 Committee on Transportation and Infrastructure of 

7 the House of Representatives a report on the respon8 siveness of the corrective action plan to the rec9 ommendations described in paragraph (1). 

10 SEC. 5222. BEYOND COMPLIANCE. 

11 (a) IN GENERAL.—Not later than 18 months after the 

12 date of enactment of this Act, the Administrator shall incor13 porate into the CSA program a methodology to allow rec14 ognition and an improved SMS score for— 

15 (1) the installation of advanced safety equip16 ment; 

17 (2) the use of enhanced driver fitness measures; 

18 (3) the adoption of fleet safety management tools, 

19 technologies, and programs; or 

20 (4) other metrics as determined appropriate by 

21 the Administrator. 

22 (b) QUALIFICATION.—The Administrator, after pro23 viding notice and an opportunity for comment, shall de24 velop technical or other performance standards with respect 

25 to advanced safety equipment, enhanced driver fitness 


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1 measures, fleet safety management tools, technologies, and 

2 programs, and other metrics for purposes of subsection (a). 

3 (c) REPORT.—Not later than 18 months after the in4 corporation of the methodology under subsection (a), the Ad5 ministrator shall submit to the Committee on Transpor6 tation and Infrastructure of the House of Representatives 

7 and the Committee on Commerce, Science, and Transpor8 tation of the Senate a report on the number of motor car9 riers receiving recognition and improved scores under such 

10 methodology and the safety performance of such carriers. 

11 SEC. 5223. DATA CERTIFICATION. 

12 (a) IN GENERAL.—On and after the date that is 1 day 

13 after the date of enactment of this Act, no information re14 garding analysis of violations, crashes in which a deter15 mination is made that the motor carrier or the commercial 

16 motor vehicle driver is not at fault, alerts, or the relative 

17 percentile for each BASIC developed under the CSA pro18 gram may be made available to the public (including 

19 through requests under section 552 of title 5, United States 

20 Code) until the Inspector General of the Department cer21 tifies that— 

22 (1) the report required under section 5221(c) has 

23 been submitted in accordance with that section; 

24 (2) any deficiencies identified in the report re25 quired under section 5221(c) have been addressed; 


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1 (3) if applicable, the corrective action plan 

2 under section 5221(d) has been implemented; 

3 (4) the Administrator of the Federal Motor Car4 rier Safety Administration has fully implemented or 

5 satisfactorily addressed the issues raised in the report 

6 titled ‘‘Modifying the Compliance, Safety, Account7 ability Program Would Improve the Ability to Iden8 tify High Risk Carriers’’ of the Government Account9 ability Office and dated February 2014 (GAO–14– 

10 114); and 

11 (5) the CSA program has been modified in ac12 cordance with section 5222. 

13 (b) LIMITATION ON THE USE OF CSA ANALYSIS.—In14 formation regarding alerts and the relative percentile for 

15 each BASIC developed under the CSA program may not 

16 be used for safety fitness determinations until the Inspector 

17 General of the Department makes the certification under 

18 subsection (a). 

19 (c) CONTINUED PUBLIC AVAILABILITY OF DATA.—Not20 withstanding any other provision of this section, inspection 

21 and violation information submitted to the Federal Motor 

22 Carrier Safety Administration by commercial motor vehicle 

23 inspectors and qualified law enforcement officials, out-of24 service rates, and absolute measures shall remain available 

25 to the public. 


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1 (d) EXCEPTIONS.— 

2 (1) IN GENERAL.—Notwithstanding any other 

3 provision of this section— 

4 (A) the Federal Motor Carrier Safety Ad5 ministration and State and local commercial 

6 motor vehicle enforcement agencies may use the 

7 information referred to in subsection (a) for pur8 poses of investigation and enforcement 

9 prioritization; and 

10 (B) a motor carrier and a commercial 

11 motor vehicle driver may access information re12 ferred to in subsection (a) that relates directly to 

13 the motor carrier or driver, respectively. 

14 (2) RULE OF CONSTRUCTION.—Nothing in this 

15 section may be construed to restrict the official use by 

16 State enforcement agencies of the data collected by 

17 State enforcement personnel. 

18 SEC. 5224. INTERIM HIRING STANDARD. 

19 (a) DEFINITIONS.—In this section, the following defi20 nitions apply: 

21 (1) ENTITY.—The term ‘‘entity’’ means a person 

22 acting as— 

23 (A) a shipper, other than an individual 

24 shipper (as that term is defined in section 13102 

25 of title 49, United States Code), or a consignee; 


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1 (B) a broker or a freight forwarder (as such 

2 terms are defined in section 13102 of title 49, 

3 United States Code); 

4 (C) a non-vessel-operating common carrier, 

5 an ocean freight forwarder, or an ocean trans6 portation intermediary (as such terms are de7 fined in section 40102 of title 46, United States 

8 Code); 

9 (D) an indirect air carrier authorized to 

10 operate under a Standard Security Program ap11 proved by the Transportation Security Adminis12 tration; 

13 (E) a customs broker licensed in accordance 

14 with section 111.2 of title 19, Code of Federal 

15 Regulations; 

16 (F) an interchange motor carrier subject to 

17 paragraphs (1)(B) and (2) of section 13902(i) of 

18 title 49, United States Code; or 

19 (G) a warehouse (as defined in section 7– 

20 102(13) of the Uniform Commercial Code). 

21 (2) MOTOR CARRIER.—The term ‘‘motor carrier’’ 

22 means a motor carrier (as that term is defined in sec23 tion 13102 of title 49, United States Code) that is 

24 subject to Federal motor carrier financial responsi25 bility and safety regulations. 


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1 (b) HIRING STANDARD.—Subsection (c) shall only be 

2 applicable to entities who, before tendering a shipment, but 

3 not more than 35 days before the pickup of the shipment 

4 by the hired motor carrier, verify that the motor carrier, 

5 at the time of such verification— 

6 (1) is registered with and authorized by the Fed7 eral Motor Carrier Safety Administration to operate 

8 as a motor carrier, if applicable; 

9 (2) has the minimum insurance coverage re10 quired by Federal law; and 

11 (3) has a satisfactory safety fitness determina12 tion issued by the Federal Motor Carrier Safety Ad13 ministration in force. 

14 (c) INTERIM USE OF DATA.— 

15 (1) IN GENERAL.—With respect to an entity who 

16 completed a verification under subsection (b), only in17 formation regarding the entity’s compliance or non18 compliance with subsection (b) may be admitted as 

19 evidence or otherwise used against the entity in a 

20 civil action for damages resulting from a claim of 

21 negligent selection or retention of a motor carrier. 

22 (2) EXCLUDED EVIDENCE.—With respect to an 

23 entity who completed a verification under subsection 

24 (b), motor carrier data (other than the information 

25 described in paragraph (1)) created or maintained by 


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1 the Federal Motor Carrier Safety Administration, in2 cluding SMS data or analysis of such data, may not 

3 be admitted into evidence in a case or proceeding in 

4 which it is asserted or alleged that the entity’s selec5 tion or retention of a motor carrier was negligent. 

6 (d) SUNSET.—This section shall cease to be effective 

7 on the date on which the Inspector General of the Depart8 ment makes the certification under section 5223(a). 

9 Subtitle C—Commercial Motor 

10 Vehicle Safety 

11 SEC. 5301. IMPLEMENTING SAFETY REQUIREMENTS. 

12 (a) NATIONAL CLEARINGHOUSE FOR CONTROLLED

13 SUBSTANCE AND ALCOHOL TEST RESULTS OF COMMER14 CIAL MOTOR VEHICLE OPERATORS.—If the deadline estab15 lished under section 31306a(a)(1) of title 49, United States 

16 Code, has not been met, not later than 30 days after the 

17 date of enactment of this Act, the Secretary of Transpor18 tation shall submit to the Committee on Transportation 

19 and Infrastructure of the House of Representatives and the 

20 Committee on Commerce, Science, and Transportation of 

21 the Senate written notification that— 

22 (1) explains why such deadline has not been met; 

23 and 

24 (2) establishes a new deadline for completion of 

25 the requirements of such section. 


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1 (b) ELECTRONIC LOGGING DEVICES.—If the deadline 

2 established under section 31137(a) 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 of 

6 the House of Representatives and the Committee on Com7 merce, Science, and Transportation of the Senate written 

8 notification that— 

9 (1) explains why such deadline has not been met; 

10 and 

11 (2) establishes a new deadline for completion of 

12 the requirements of such section. 

13 (c) STANDARDS FOR TRAINING.—If the deadline estab14 lished under section 31305(c) of title 49, United States 

15 Code, has not been met, not later than 30 days after the 

16 date of enactment of this Act, the Secretary shall submit 

17 to the Committee on Transportation and Infrastructure of 

18 the House of Representatives and the Committee on Com19 merce, Science, and Transportation of the Senate written 

20 notification that— 

21 (1) explains why such deadline has not been met; 

22 and 

23 (2) establishes a new deadline for completion of 

24 the requirements of such section. 


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1 (d) FURTHER RESPONSIBILITIES.—If the Secretary 

2 determines that a deadline established under subsection 

3 (a)(2), (b)(2), or (c)(2) cannot be met, not later than 30 

4 days after the date on which such determination is made, 

5 the Secretary shall submit to the Committee on Transpor6 tation and Infrastructure of the House of Representatives 

7 and the Committee on Commerce, Science, and Transpor8 tation of the Senate written notification that— 

9 (1) explains why such deadline cannot be met; 

10 and 

11 (2) establishes a new deadline for completion of 

12 the relevant requirements. 

13 SEC. 5302. WINDSHIELD MOUNTED SAFETY TECHNOLOGY. 

14 (a) IN GENERAL.—Not later than 180 days after the 

15 date of enactment of this Act, the Secretary shall issue regu16 lations to modify section 393.60(e)(1) of title 49, Code of 

17 Federal Regulations, to permanently allow the voluntary 

18 mounting on the inside of a vehicle’s windshield, within the 

19 area swept by windshield wipers, of vehicle safety tech20 nologies, if the Secretary determines that such mounting is 

21 likely to achieve a level of safety that is equivalent to, or 

22 greater than, the level of safety that would be achieved with23 out such mounting. 

24 (b) VEHICLE SAFETY TECHNOLOGY DEFINED.—In this 

25 section, the term ‘‘vehicle safety technology’’ includes lane 


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1 departure warning systems, collision avoidance systems, on2 board video event recording devices, and any other tech3 nology determined appropriate by the Secretary. 

4 (c) RULE OF CONSTRUCTION.—Nothing in this section 

5 may be construed to alter the terms of a short-term exemp6 tion from section 393.60(e) of title 49, Code of Federal Reg7 ulations, granted and in effect as of the date of enactment 

8 of this Act. 

9 SEC. 5303. PRIORITIZING STATUTORY RULEMAKINGS. 

10 The Administrator of the Federal Motor Carrier Safety 

11 Administration shall prioritize the completion of each out12 standing rulemaking required by statute before beginning 

13 any other rulemaking, unless the Secretary determines that 

14 there is a significant need for such other rulemaking. 

15 SEC. 5304. SAFETY REPORTING SYSTEM. 

16 (a) IN GENERAL.—Not later than 1 year after the date 

17 of enactment of this Act, the Comptroller General of the 

18 United States shall submit to the Committee on Commerce, 

19 Science, and Transportation of the Senate and the Com20 mittee on Transportation and Infrastructure of the House 

21 of Representatives a report on the cost and feasibility of 

22 establishing a self-reporting system for commercial motor 

23 vehicle drivers or motor carriers with respect to en route 

24 equipment failures. 


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1 (b) CONTENTS.—The report required under subsection 

2 (a) shall include— 

3 (1) an analysis of— 

4 (A) alternatives for the reporting of equip5 ment failures in real time, including an Internet 

6 Web site or telephone hotline; 

7 (B) the ability of a commercial motor vehi8 cle driver or a motor carrier to provide to the 

9 Federal Motor Carrier Safety Administration 

10 proof of repair of a self-reported equipment fail11 ure; 

12 (C) the ability of the Federal Motor Carrier 

13 Safety Administration to ensure that self-re14 ported equipment failures proven to be repaired 

15 are not used in the calculation of Behavior Anal16 ysis and Safety Improvement Category scores; 

17 (D) the ability of roadside inspectors to ac18 cess self-reported equipment failures; 

19 (E) the cost to establish and administer a 

20 self-reporting system; 

21 (F) the ability for a self-reporting system to 

22 track individual commercial motor vehicles 

23 through unique identifiers; and 

24 (G) whether a self-reporting system would 

25 yield demonstrable safety benefits; 


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1 (2) an identification of any regulatory or statu2 tory impediments to the implementation of a self-re3 porting system; and 

4 (3) recommendations on implementing a self-re5 porting system. 

6 SEC. 5305. NEW ENTRANT SAFETY REVIEW PROGRAM. 

7 (a) IN GENERAL.—The Secretary shall conduct an as8 sessment of the new operator safety review program under 

9 section 31144(g) of title 49, United States Code, including 

10 the program’s effectiveness in reducing crashes, fatalities, 

11 and injuries involving commercial motor vehicles and im12 proving commercial motor vehicle safety. 

13 (b) REPORT.—Not later than 1 year after the date of 

14 enactment of this Act, the Secretary shall publish on a pub15 licly accessible Internet Web site of the Department and 

16 submit to the Committee on Commerce, Science, and Trans17 portation of the Senate and the Committee on Transpor18 tation and Infrastructure of the House of Representatives 

19 a report on the results of the assessment conducted under 

20 subsection (a), including any recommendations for improv21 ing the effectiveness of the program (including recommenda22 tions for legislative changes). 

23 SEC. 5306. READY MIXED CONCRETE TRUCKS. 

24 A driver of a ready mixed concrete mixer truck is ex25 empt from section 3(a)(3)(ii) of part 395 of title 49, Code 


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1 of Federal Regulations, if the driver is in compliance with 

2 clauses (i), (iii), (iv), and (v) of subsection (e)(1) of section 

3 1 of part 395 of such title (regarding the 100 air-mile log4 ging exemption). 

5 Subtitle D—Commercial Motor 

6 Vehicle Drivers 

7 SEC. 5401. OPPORTUNITIES FOR VETERANS. 

8 (a) STANDARDS FOR TRAINING AND TESTING OF VET9 ERAN OPERATORS.—Section 31305 of title 49, United 

10 States Code, is amended by adding at the end the following: 

11 ‘‘(d) STANDARDS FOR TRAINING AND TESTING OF VET12 ERAN OPERATORS.— 

13 ‘‘(1) IN GENERAL.—Not later than December 31, 

14 2016, the Secretary shall modify the regulations pre15 scribed under subsections (a) and (c) to— 

16 ‘‘(A) exempt a covered individual from all 

17 or a portion of a driving test if the covered indi18 vidual had experience in the armed forces or re19 serve components driving vehicles similar to a 

20 commercial motor vehicle; 

21 ‘‘(B) ensure that a covered individual may 

22 apply for an exemption under subparagraph (A) 

23 during, at least, the 1-year period beginning on 

24 the date on which such individual separates from 


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1 service in the armed forces or reserve compo2 nents; and 

3 ‘‘(C) credit the training and knowledge a 

4 covered individual received in the armed forces 

5 or reserve components driving vehicles similar to 

6 a commercial motor vehicle for purposes of satis7 fying minimum standards for training and 

8 knowledge. 

9 ‘‘(2) DEFINITIONS.—In this subsection, the fol10 lowing definitions apply: 

11 ‘‘(A) ARMED FORCES.—The term ‘armed 

12 forces’ has the meaning given that term in sec13 tion 101(a)(4) of title 10. 

14 ‘‘(B) COVERED INDIVIDUAL.—The term ‘cov15 ered individual’ means— 

16 ‘‘(i) a former member of the armed 

17 forces; or 

18 ‘‘(ii) a former member of the reserve 

19 components. 

20 ‘‘(C) RESERVE COMPONENTS.—The term 

21 ‘reserve components’ means— 

22 ‘‘(i) the Army National Guard of the 

23 United States; 

24 ‘‘(ii) the Army Reserve; 

25 ‘‘(iii) the Navy Reserve; 


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1 ‘‘(iv) the Marine Corps Reserve; 

2 ‘‘(v) the Air National Guard of the 

3 United States; 

4 ‘‘(vi) the Air Force Reserve; and 

5 ‘‘(vii) the Coast Guard Reserve.’’. 

6 (b) IMPLEMENTATION OF THE MILITARY COMMERCIAL

7 DRIVER’S LICENSE ACT.—Not later than December 31, 

8 2015, the Secretary shall issue final regulations to imple9 ment the exemption to the domicile requirement under sec10 tion 31311(a)(12)(C) of title 49, United States Code. 

11 (c) CONFORMING AMENDMENT.—Section 

12 31311(a)(12)(C)(ii) of title 49, United States Code, is 

13 amended to read as follows: 

14 ‘‘(ii) is an active duty member of— 

15 ‘‘(I) the armed forces (as that term is 

16 defined in section 101(a)(4) of title 10); or 

17 ‘‘(II) the reserve components (as that 

18 term is defined in section 31305(d)(2)(C) of 

19 this title); and’’. 

20 SEC. 5402. DRUG-FREE COMMERCIAL DRIVERS. 

21 (a) IN GENERAL.—Section 31306 of title 49, United 

22 States Code, is amended— 

23 (1) in subsection (b)(1)— 

24 (A) by redesignating subparagraph (B) as 

25 subparagraph (C); 


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1 (B) in subparagraph (A) by striking ‘‘The 

2 regulations shall permit such motor carriers to 

3 conduct preemployment testing of such employees 

4 for the use of alcohol.’’; and 

5 (C) by inserting after subparagraph (A) the 

6 following: 

7 ‘‘(B) The regulations prescribed under subparagraph 

8 (A) shall permit motor carriers— 

9 ‘‘(i) to conduct preemployment testing of com10 mercial motor vehicle operators for the use of alcohol; 

11 and 

12 ‘‘(ii) to use hair testing as an acceptable alter13 native to urine testing— 

14 ‘‘(I) in conducting preemployment testing 

15 for the use of a controlled substance; and 

16 ‘‘(II) in conducting random testing for the 

17 use of a controlled substance if the operator was 

18 subject to hair testing for preemployment test19 ing.’’; 

20 (2) in subsection (b)(2)— 

21 (A) in subparagraph (A) by striking ‘‘and’’ 

22 at the end; 

23 (B) in subparagraph (B) by striking the pe24 riod at the end and inserting ‘‘; and’’; and 

25 (C) by adding at the end the following: 


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1 ‘‘(C) shall provide an exemption from hair test2 ing for commercial motor vehicle operators with es3 tablished religious beliefs that prohibit the cutting or 

4 removal of hair.’’; and 

5 (3) in subsection (c)(2)— 

6 (A) in the matter preceding subparagraph 

7 (A) by inserting ‘‘for urine testing, and technical 

8 guidelines for hair testing,’’ before ‘‘including 

9 mandatory guidelines’’; 

10 (B) in subparagraph (B) by striking ‘‘and’’ 

11 at the end; 

12 (C) in subparagraph (C) by inserting 

13 ‘‘and’’ after the semicolon; and 

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

15 ‘‘(D) laboratory protocols and cut-off levels 

16 for hair testing to detect the use of a controlled 

17 substance;’’. 

18 (b) GUIDELINES.—Not later than 1 year after the date 

19 of enactment of this Act, the Secretary of Health and 

20 Human Services shall issue scientific and technical guide21 lines for hair testing as a method of detecting the use of 

22 a controlled substance for purposes of section 31306 of title 

23 49, United States Code. 


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1 SEC. 5403. CERTIFIED MEDICAL EXAMINERS. 

2 (a) IN GENERAL.—Section 31315(b)(1) of title 49, 

3 United States Code, is amended by striking ‘‘or section 

4 31136’’ and inserting ‘‘, section 31136, or section 

5 31149(d)(3)’’. 

6 (b) CONFORMING AMENDMENT.—Section 31149(d)(3) 

7 of title 49, United States Code, is amended by inserting 

8 ‘‘, unless the person issuing the certificate is the subject of 

9 an exemption issued under section 31315(b)(1)’’ before the 

10 semicolon. 

11 SEC. 5404. GRADUATED COMMERCIAL DRIVER’S LICENSE 

12 PILOT PROGRAM. 

13 (a) TASK FORCE.— 

14 (1) IN GENERAL.—The Secretary shall convene a 

15 task force to evaluate and make recommendations to 

16 the Secretary on elements for inclusion in a grad17 uated commercial driver’s license pilot program that 

18 would allow a novice licensed driver between the ages 

19 of 19 years and 6 months and 21 years to safely oper20 ate a commercial motor vehicle in a limited capacity 

21 in interstate commerce between States that enter into 

22 a bi-State agreement. 

23 (2) MEMBERSHIP.—The task force convened 

24 under paragraph (1) shall include representatives of 

25 State motor vehicle administrators, motor carriers, 


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1 labor organizations, safety advocates, and other stake2 holders determined appropriate by the Secretary. 

3 (3) CONSIDERATIONS.—The task force convened 

4 under paragraph (1) shall evaluate and make rec5 ommendations on the following elements for inclusion 

6 in a graduated commercial driver’s license pilot pro7 gram: 

8 (A) A specified length of time for a learner’s 

9 permit stage. 

10 (B) A requirement that drivers under the 

11 age of 21 years be accompanied by experienced 

12 drivers over the age of 21 years. 

13 (C) A restriction on travel distances. 

14 (D) A restriction on maximum allowable 

15 driving hours. 

16 (E) Mandatory driver training that exceeds 

17 the requirements for drivers over the age of 21 

18 years issued by the Secretary under section 

19 31305(c) of title 49, United States Code. 

20 (F) Use of certain safety technologies in the 

21 vehicles of drivers under the age of 21 years. 

22 (G) Any other element the task force con23 siders appropriate. 

24 (4) RECOMMENDATIONS.—Not later than 1 year 

25 after the date of enactment of this Act, the task force 


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1 convened under paragraph (1) shall recommend to the 

2 Secretary the elements the task force has determined 

3 appropriate for inclusion in a graduated commercial 

4 driver’s license pilot program. 

5 (b) PILOT PROGRAM.— 

6 (1) IN GENERAL.—Not later than 1 year after re7 ceiving the recommendations of the task force under 

8 subsection (a), the Secretary shall establish a grad9 uated commercial driver’s license pilot program in 

10 accordance with such recommendations and section 

11 31315(c) of title 49, United States Code. 

12 (2) PRE-ESTABLISHMENT REQUIREMENTS.— 

13 Prior to the establishment of the pilot program under 

14 paragraph (1), the Secretary shall— 

15 (A) submit to Congress a report outlining 

16 the recommendations of the task force received 

17 under subsection (a); and 

18 (B) publish in the Federal Register, and 

19 provide sufficient notice of and an opportunity 

20 for public comment on, the— 

21 (i) proposed requirements for State 

22 and driver participation in the pilot pro23 gram, based on the recommendations of the 

24 task force and consistent with paragraph 

25 (3); 


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1 (ii) measures the Secretary will utilize 

2 under the pilot program to ensure safety; 

3 and 

4 (iii) standards the Secretary will use 

5 to evaluate the pilot program, including to 

6 determine any changes in the level of motor 

7 carrier safety as a result of the pilot pro8 gram. 

9 (3) PROGRAM ELEMENTS.—The pilot program 

10 established under paragraph (1)— 

11 (A) may not allow an individual under the 

12 age of 19 years and 6 months to participate; 

13 (B) may not allow a driver between the ages 

14 of 19 years and 6 months and 21 years to— 

15 (i) operate a commercial motor vehicle 

16 in special configuration; or 

17 (ii) transport hazardous cargo; 

18 (C) shall be carried out in a State (includ19 ing the District of Columbia) only if the Gov20 ernor of the State (or the Mayor of the District 

21 of Columbia, if applicable) approves an agree22 ment with a contiguous State to allow a licensed 

23 driver under the age of 21 years to operate a 

24 commercial motor vehicle across both States in 

25 accordance with the pilot program; 


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1 (D) may not recognize more than 6 agree2 ments described in subparagraph (C); 

3 (E) may not allow more than 10 motor car4 riers to participate in the pilot program under 

5 each agreement described in subparagraph (C); 

6 (F) shall require each motor carrier partici7 pating in the pilot program under an agreement 

8 described in subparagraph (C) to— 

9 (i) have in effect a satisfactory safety 

10 fitness determination that was issued by the 

11 Federal Motor Carrier Safety Administra12 tion during the 2-year period preceding the 

13 date of the Federal Register publication re14 quired under paragraph (2)(B); and 

15 (ii) agree to have its safety perform16 ance monitored by the Secretary during 

17 participation in the pilot program; 

18 (G) shall allow for the revocation of a motor 

19 carrier’s participation in the pilot program if a 

20 State or the Secretary determines that the motor 

21 carrier violated the requirements, including safe22 ty requirements, of the pilot program; and 

23 (H) shall ensure that a valid graduated 

24 commercial driver’s license issued by a State 

25 that has entered into an agreement described in 


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1 subparagraph (C) and is approved by the Sec2 retary to participate in the pilot program is rec3 ognized as valid in both States that are partici4 pating in the agreement. 

5 (c) INSPECTOR GENERAL REPORT.— 

6 (1) MONITORING.—The Inspector General of the 

7 Department of Transportation shall monitor and re8 view the implementation of the pilot program estab9 lished under subsection (b). 

10 (2) REPORT.—The Inspector General shall sub11 mit to Congress and the Secretary— 

12 (A) not later than 1 year after the establish13 ment of the pilot program under subsection (b), 

14 an interim report on the results of the review 

15 conducted under paragraph (1); and 

16 (B) not later than 60 days after the conclu17 sion of the pilot program, a final report on the 

18 results of the review conducted under paragraph 

19 (1). 

20 (3) ADDITIONAL CONTENTS.— 

21 (A) INTERIM REPORT.—The interim report 

22 required under paragraph (2)(A) shall address 

23 whether the Secretary has established sufficient 

24 mechanisms and generated sufficient data to deVerDate Sep 11 2014 20:27 Oct 29, 2015 Jkt 059200 PO 00000 Frm 00435 Fmt 6652 Sfmt 6203 E:\BILLS\H3763.RH H3763

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1 termine if the pilot program is having any ad2 verse effects on motor carrier safety. 

3 (B) FINAL REPORT.—The final report re4 quired under paragraph (2)(B) shall address the 

5 impact of the pilot program on— 

6 (i) safety; and 

7 (ii) the number of commercial motor 

8 vehicle drivers available for employment. 

9 SEC. 5405. VETERANS EXPANDED TRUCKING OPPORTUNI10 TIES. 

11 (a) IN GENERAL.—In the case of a physician-approved 

12 veteran operator, the qualified physician of such operator 

13 may, subject to the requirements of subsection (b), perform 

14 a medical examination and provide a medical certificate 

15 for purposes of compliance with the requirements of section 

16 31149 of title 49, United States Code. 

17 (b) CERTIFICATION.—The certification described under 

18 subsection (a) shall include— 

19 (1) assurances that the physician performing the 

20 medical examination meets the requirements of a 

21 qualified physician under this section; and 

22 (2) certification that the physical condition of 

23 the operator is adequate to enable such operator to op24 erate a commercial motor vehicle safely. 


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1 (c) DEFINITIONS.—In this section, the following defi2 nitions apply: 

3 (1) PHYSICIAN-APPROVED VETERAN OPER4 ATOR.—The term ‘‘physician-approved veteran oper5 ator’’ means an operator of a commercial motor vehi6 cle who— 

7 (A) is a veteran who is enrolled in the 

8 health care system established under section 

9 1705(a) of title 38, United States Code; and 

10 (B) is required to have a current valid med11 ical certificate pursuant to section 31149 of title 

12 49, United States Code. 

13 (2) QUALIFIED PHYSICIAN.—The term ‘‘qualified 

14 physician’’ means a physician who— 

15 (A) is employed in the Department of Vet16 erans Affairs; 

17 (B) is familiar with the standards for, and 

18 physical requirements of, an operator certified 

19 pursuant to section 31149 of title 49, United 

20 States Code; and 

21 (C) has never, with respect such section, 

22 been found to have acted fraudulently, including 

23 by fraudulently awarding a medical certificate. 


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1 (3) VETERAN.—The term ‘‘veteran’’ has the 

2 meaning given the term in section 101 of title 38, 

3 United States Code. 

4 (d) STATUTORY CONSTRUCTION.—Nothing in this sec5 tion shall be construed to change any statutory penalty as6 sociated with fraud or abuse. 

7 Subtitle E—General Provisions 

8 SEC. 5501. MINIMUM FINANCIAL RESPONSIBILITY. 

9 (a) TRANSPORTING PROPERTY.—If the Secretary pro10 ceeds with a rulemaking to determine whether to increase 

11 the minimum levels of financial responsibility required 

12 under section 31139 of title 49, United States Code, the Sec13 retary shall consider, prior to issuing a final rule— 

14 (1) the rulemaking’s potential impact on— 

15 (A) the safety of motor vehicle transpor16 tation; and 

17 (B) the motor carrier industry, including 

18 small and minority motor carriers and inde19 pendent owner-operators; 

20 (2) the ability of the insurance industry to pro21 vide the required amount of insurance; 

22 (3) the extent to which current minimum levels 

23 of financial responsibility adequately cover— 

24 (A) medical care; 

25 (B) compensation; 


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1 (C) attorney fees; and 

2 (D) other identifiable costs; 

3 (4) the frequency with which insurance claims 

4 exceed current minimum levels of financial responsi5 bility in fatal accidents; and 

6 (5) the impact of increased levels on motor car7 rier safety and accident reduction. 

8 (b) TRANSPORTING PASSENGERS.— 

9 (1) IN GENERAL.—Prior to initiating a rule10 making to change the minimum levels of financial re11 sponsibility under section 31138 of title 49, United 

12 States Code, the Secretary shall complete a study spe13 cific to the minimum financial responsibility require14 ments for motor carriers of passengers. 

15 (2) STUDY CONTENTS.—A study under para16 graph (1) shall include— 

17 (A) a review of accidents, injuries, and fa18 talities in the over-the-road bus and school bus 

19 industries; 

20 (B) a review of insurance held by over-the21 road bus and public and private school bus com22 panies, including companies of various sizes, 

23 and an analysis of whether such insurance is 

24 adequate to cover claims; 


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1 (C) an analysis of whether and how insur2 ance affects the behavior and safety record of 

3 motor carriers of passengers, including with re4 spect to crash reduction; and 

5 (D) an analysis of the anticipated impacts 

6 of an increase in financial responsibility on in7 surance premiums for passenger carriers and 

8 service availability. 

9 (3) CONSULTATION.—In conducting a study 

10 under paragraph (1), the Secretary shall consult 

11 with— 

12 (A) representatives of the over-the-road bus 

13 and private school bus transportation industries, 

14 including representatives of bus drivers; and 

15 (B) insurers of motor carriers of passengers. 

16 (4) REPORT.—If the Secretary undertakes a 

17 study under paragraph (1), the Secretary shall sub18 mit to the Committee on Transportation and Infra19 structure of the House of Representatives and the 

20 Committee on Commerce, Science, and Transpor21 tation of the Senate a report on the results of the 

22 study. 

23 SEC. 5502. DELAYS IN GOODS MOVEMENT. 

24 (a) REPORT.— 


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

2 the date of enactment of this Act, the Inspector Gen3 eral of the Department shall submit to the Committee 

4 on Transportation and Infrastructure of the House of 

5 Representatives and the Committee on Commerce, 

6 Science, and Transportation of the Senate a report on 

7 the average length of time that operators of commer8 cial motor vehicles are delayed before the loading and 

9 unloading of such vehicles and at other points in the 

10 pick-up and delivery process. 

11 (2) CONTENTS.—The report under paragraph (1) 

12 shall include— 

13 (A) an assessment of how delays impact— 

14 (i) the economy; 

15 (ii) the efficiency of the transportation 

16 system; 

17 (iii) motor carrier safety, including the 

18 extent to which delays result in violations of 

19 motor carrier safety regulations; and 

20 (iv) the livelihood of motor carrier 

21 drivers; and 

22 (B) recommendations on how delays could 

23 be mitigated. 

24 (b) COLLECTION OF DATA.—Not later than 2 years 

25 after the date of enactment of this Act, the Secretary shall 


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1 establish by regulation a process to collect data on delays 

2 experienced by operators of commercial motor vehicles be3 fore the loading and unloading of such vehicles and at other 

4 points in the pick-up and delivery process. 

5 SEC. 5503. REPORT ON MOTOR CARRIER FINANCIAL RE6 SPONSIBILITY. 

7 (a) IN GENERAL.—Not later than April 1, 2016, the 

8 Secretary shall publish on a publicly accessible Internet 

9 Web site of the Department a report on the minimum levels 

10 of financial responsibility required under section 31139 of 

11 title 49, United States Code. 

12 (b) CONTENTS.—The report required under subsection 

13 (a) shall include an analysis of— 

14 (1) the differences between State insurance re15 quirements and Federal requirements; 

16 (2) the extent to which current minimum levels 

17 of financial responsibility adequately cover— 

18 (A) medical care; 

19 (B) compensation; 

20 (C) attorney fees; and 

21 (D) other identifiable costs; and 

22 (3) the frequency with which insurance claims 

23 exceed the current minimum levels of financial re24 sponsibility. 


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1 SEC. 5504. EMERGENCY ROUTE WORKING GROUP. 

2 (a) IN GENERAL.— 

3 (1) ESTABLISHMENT.—Not later than 1 year 

4 after the date of enactment of this Act, the Secretary 

5 shall establish a working group to determine best 

6 practices for expeditious State approval of special 

7 permits for vehicles involved in emergency response 

8 and recovery. 

9 (2) MEMBERS.—The working group shall include 

10 representatives from— 

11 (A) State highway transportation depart12 ments or agencies; 

13 (B) relevant modal agencies within the De14 partment; 

15 (C) emergency response or recovery experts; 

16 (D) relevant safety groups; and 

17 (E) entities affected by special permit re18 strictions during emergency response and recov19 ery efforts. 

20 (b) CONSIDERATIONS.—In determining best practices 

21 under subsection (a), the working group shall consider 

22 whether— 

23 (1) impediments currently exist that prevent ex24 peditious State approval of special permits for vehi25 cles involved in emergency response and recovery; 


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1 (2) it is possible to pre-identify and establish 

2 emergency routes between States through which infra3 structure repair materials could be delivered following 

4 a natural disaster or emergency; 

5 (3) a State could pre-designate an emergency 

6 route identified under paragraph (2) as a certified 

7 emergency route if a motor vehicle that exceeds the 

8 otherwise applicable Federal and State truck length 

9 or width limits may safely operate along such route 

10 during periods of declared emergency and recovery 

11 from such periods; and 

12 (4) an online map could be created to identify 

13 each pre-designated emergency route under paragraph 

14 (3), including information on specific limitations, ob15 ligations, and notification requirements along that 

16 route. 

17 (c) REPORT.— 

18 (1) SUBMISSION.—Not later than 1 year after 

19 the date of enactment of this Act, the working group 

20 shall submit to the Secretary a report on its findings 

21 under this section and any recommendations for the 

22 implementation of best practices for expeditious State 

23 approval of special permits for vehicles involved in 

24 emergency response and recovery. 


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1 (2) PUBLICATION.—Not later than 30 days after 

2 the date the Secretary receives the report under para3 graph (1), the Secretary shall publish the report on 

4 a publicly accessible Internet Web site of the Depart5 ment. 

6 (d) NOTIFICATION.—Not later than 6 months after the 

7 date the Secretary receives the report under subsection 

8 (c)(1), the Secretary shall notify the Committee on Trans9 portation and Infrastructure of the House of Representa10 tives and the Committee on Commerce, Science, and Trans11 portation of the Senate on the actions the Secretary and 

12 the States have taken to implement the recommendations 

13 included in the report. 

14 (e) EXEMPTION.—The Federal Advisory Committee 

15 Act (5 U.S.C. App.) shall not apply to the working group. 

16 (f) TERMINATION.—The working group shall terminate 

17 1 year after the date the Secretary receives the report under 

18 subsection (c)(1). 

19 SEC. 5505. HOUSEHOLD GOODS CONSUMER PROTECTION 

20 WORKING GROUP. 

21 (a) WORKING GROUP.—The Secretary shall establish 

22 a working group for the purpose of developing recommenda23 tions on how to best convey to inexperienced consumers the 

24 information such consumers need to know with respect to 


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1 the Federal laws concerning the interstate transportation 

2 of household goods by motor carrier. 

3 (b) MEMBERSHIP.—The Secretary shall ensure that 

4 the working group is comprised of individuals with exper5 tise in consumer affairs, educators with expertise in how 

6 people learn most effectively, and representatives of the 

7 household goods moving industry. 

8 (c) RECOMMENDATIONS.— 

9 (1) CONTENTS.—The recommendations developed 

10 by the working group shall include recommendations 

11 on— 

12 (A) condensing publication ESA 03005 of 

13 the Federal Motor Carrier Safety Administration 

14 into a format that is more easily used by con15 sumers; 

16 (B) using state-of-the-art education tech17 niques and technologies, including optimizing 

18 the use of the Internet as an educational tool; 

19 and 

20 (C) reducing and simplifying the paperwork 

21 required of motor carriers and shippers in inter22 state transportation. 

23 (2) DEADLINE.—Not later than 1 year after the 

24 date of enactment of this Act— 


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1 (A) the working group shall make the rec2 ommendations described in paragraph (1); and 

3 (B) the Secretary shall publish the rec4 ommendations on a publicly accessible Internet 

5 Web site of the Department. 

6 (d) REPORT.—Not later than 1 year after the date on 

7 which the working group makes its recommendations under 

8 subsection (c)(2), the Secretary shall issue a report to Con9 gress on the implementation of such recommendations. 

10 (e) EXEMPTION.—The Federal Advisory Committee 

11 Act (5 U.S.C. App.) shall not apply to the working group. 

12 (f) TERMINATION.—The working group shall terminate 

13 1 year after the date the working group makes its rec14 ommendations under subsection (c)(2). 

15 SEC. 5506. TECHNOLOGY IMPROVEMENTS. 

16 (a) IN GENERAL.—Not later than 1 year after the date 

17 of enactment of this Act, the Comptroller General of the 

18 United States shall conduct a comprehensive analysis of the 

19 information technology and data collection and manage20 ment systems of the Federal Motor Carrier Safety Adminis21 tration. 

22 (b) REQUIREMENTS.—The study conducted under sub23 section (a) shall— 

24 (1) evaluate the efficacy of the existing informa25 tion technology, data collection, processing systems, 


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1 data correction procedures, and data management 

2 systems and programs, including their interaction 

3 with each other and their efficacy in meeting user 

4 needs; 

5 (2) identify any redundancies among the sys6 tems, procedures, and programs described in para7 graph (1); 

8 (3) explore the feasibility of consolidating data 

9 collection and processing systems; 

10 (4) evaluate the ability of the systems, proce11 dures, and programs described in paragraph (1) to 

12 meet the needs of— 

13 (A) the Federal Motor Carrier Safety Ad14 ministration, at both the headquarters and State 

15 levels; 

16 (B) the State agencies that implement the 

17 motor carrier safety assistance program under 

18 section 31102 of title 49, United States Code; 

19 and 

20 (C) other users; 

21 (5) evaluate the adaptability of the systems, pro22 cedures, and programs described in paragraph (1), in 

23 order to make necessary future changes to ensure user 

24 needs are met in an easier, timely, and more cost-effi25 cient manner; 


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1 (6) investigate and make recommendations re2 garding— 

3 (A) deficiencies in existing data sets im4 pacting program effectiveness; and 

5 (B) methods to improve user interfaces; and 

6 (7) identify the appropriate role the Federal 

7 Motor Carrier Safety Administration should take 

8 with respect to software and information systems de9 sign, development, and maintenance for the purpose 

10 of improving the efficacy of the systems, procedures, 

11 and programs described in paragraph (1). 

12 SEC. 5507. NOTIFICATION REGARDING MOTOR CARRIER 

13 REGISTRATION. 

14 Not later than 30 days after the date of enactment of 

15 this Act, the Secretary shall submit to the Committee on 

16 Transportation and Infrastructure of the House of Rep17 resentatives and the Committee on Commerce, Science, and 

18 Transportation of the Senate written notification of the ac19 tions the Secretary is taking to ensure, to the greatest extent 

20 practicable, that each application for registration under 

21 section 13902 of title 49, United States Code, is processed 

22 not later than 30 days after the date on which the applica23 tion is received by the Secretary. 


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1 SEC. 5508. REPORT ON COMMERCIAL DRIVER’S LICENSE 

2 SKILLS TEST DELAYS. 

3 Not later than 1 year after the date of enactment of 

4 this Act, and each year thereafter, the Administrator of the 

5 Federal Motor Carrier Safety Administration shall submit 

6 to the Committee on Commerce, Science, and Transpor7 tation of the Senate and the Committee on Transportation 

8 and Infrastructure of the House of Representatives a report 

9 that— 

10 (1) describes, for each State, the status of skills 

11 testing for applicants for a commercial driver’s li12 cense, including— 

13 (A) the average wait time, by month and lo14 cation, from the date an applicant requests to 

15 take a skills test to the date the applicant com16 pletes such test; 

17 (B) the average wait time, by month and lo18 cation, from the date an applicant, upon failure 

19 of a skills test, requests a retest to the date the 

20 applicant completes such retest; 

21 (C) the actual number of qualified commer22 cial driver’s license examiners, by month and lo23 cation, available to test applicants; and 

24 (D) the number of testing sites available 

25 through the State department of motor vehicles 


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1 and whether this number has increased or de2 creased from the previous year; and 

3 (2) describes specific steps that the Adminis4 trator is taking to address skills testing delays in 

5 States that have average skills test or retest wait 

6 times of more than 7 days from the date an applicant 

7 requests to test or retest to the date the applicant com8 pletes such test or retest. 

9 SEC. 5509. COVERED FARM VEHICLES. 

10 Section 32934(b)(1) of MAP–21 (49 U.S.C. 31136 

11 note) is amended by striking ‘‘from’’ and all that follows 

12 through the period at end and inserting the following: 

13 ‘‘from— 

14 ‘‘(A) a requirement described in subsection 

15 (a) or a compatible State requirement; or 

16 ‘‘(B) any other minimum standard pro17 vided by a State relating to the operation of that 

18 vehicle.’’. 

19 SEC. 5510. OPERATORS OF HI-RAIL VEHICLES. 

20 (a) IN GENERAL.—In the case of a commercial motor 

21 vehicle driver subject to the hours of service requirements 

22 in part 395 of title 49, Code of Federal Regulations, who 

23 is driving a hi-rail vehicle, the maximum on duty time 

24 under section 395.3 of such title for such driver shall not 


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1 include time in transportation to or from a duty assign2 ment if such time in transportation— 

3 (1) does not exceed 2 hours per calendar day or 

4 a total of 30 hours per calendar month; and 

5 (2) is fully and accurately accounted for in 

6 records to be maintained by the motor carrier and 

7 such records are made available upon request of the 

8 Federal Motor Carrier Safety Administration or the 

9 Federal Railroad Administration. 

10 (b) EMERGENCY.—In the case of a train accident, an 

11 act of God, a train derailment, or a major equipment fail12 ure or track condition that prevents a train from advanc13 ing, a driver described in subsection (a) may complete a 

14 run without being in violation of the provisions of part 395 

15 of title 49, Code of Federal Regulations. 

16 (c) HI-RAIL VEHICLE DEFINED.—In this section, the 

17 term ‘‘hi-rail vehicle’’ has the meaning given the term in 

18 section 214.7 of title 49, Code of Federal Regulations, as 

19 in effect on the date of enactment of this Act. 

20 SEC. 5511. ELECTRONIC LOGGING DEVICE REQUIREMENTS. 

21 Section 31137(b) of title 49, United States Code, is 

22 amended— 

23 (1) in paragraph (1)(C) by striking ‘‘apply to’’ 

24 and inserting ‘‘except as provided in paragraph (3), 

25 apply to’’; and 


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

2 ‘‘(3) EXCEPTION.—A motor carrier, when trans3 porting a motor home or recreation vehicle trailer 

4 within the definition of the term ‘driveaway-towaway 

5 operation’ (as defined in section 390.5 of title 49, 

6 Code of Federal Regulations), may comply with the 

7 hours of service requirements by requiring each driver 

8 to use— 

9 ‘‘(A) a paper record of duty status form; or 

10 ‘‘(B) an electronic logging device.’’. 

11 SEC. 5512. TECHNICAL CORRECTIONS. 

12 (a) TITLE 49.—Title 49, United States Code, is 

13 amended as follows: 

14 (1) Section 13902(i)(2) is amended by inserting 

15 ‘‘except as’’ before ‘‘described’’. 

16 (2) Section 13903(d) is amended by striking ‘‘(d) 

17 REGISTRATION AS MOTOR CARRIER REQUIRED.—’’ 

18 and all that follows through ‘‘(1) IN GENERAL.—A 

19 freight forwarder’’ and inserting ‘‘(d) REGISTRATION

20 AS MOTOR CARRIER REQUIRED.—A freight for21 warder’’. 

22 (3) Section 13905(d)(2)(D) is amended— 

23 (A) by striking ‘‘the Secretary finds that— 

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1 rier,’’ and inserting ‘‘the Secretary finds that the 

2 motor carrier,’’; and 

3 (B) by adding a period at the end. 

4 (4) Section 14901(h) is amended by striking 

5 ‘‘HOUSEHOLD GOODS’’ in the heading. 

6 (5) Section 14916 is amended by striking the 

7 section designation and heading and inserting the fol8 lowing: 

9 ‘‘§ 14916. Unlawful brokerage activities’’. 

10 (b) MAP–21.—Effective as of July 6, 2012, and as if 

11 included therein as enacted, MAP–21 (Public Law 112– 

12 141) is amended as follows: 

13 (1) Section 32108(a)(4) (126 Stat. 782) is 

14 amended by inserting ‘‘for’’ before ‘‘each additional 

15 day’’ in the matter proposed to be struck. 

16 (2) Section 32301(b)(3) (126 Stat. 786) is 

17 amended by striking ‘‘by amending (a) to read as fol18 lows:’’ and inserting ‘‘by striking subsection (a) and 

19 inserting the following:’’. 

20 (3) Section 32302(c)(2)(B) (126 Stat. 789) is 

21 amended by striking ‘‘section 32303(c)(1)’’ and in22 serting ‘‘section 32302(c)(1)’’. 

23 (4) Section 32921(b) (126 Stat. 828) is amended, 

24 in the matter to be inserted, by striking ‘‘(A) In addi25 tion’’ and inserting the following: 


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1 ‘‘(A) IN GENERAL.—In addition’’. 

2 (5) Section 32931(c) (126 Stat. 829) is amend3 ed— 

4 (A) by striking ‘‘Secretary’’ and inserting 

5 ‘‘Secretary of Transportation’’ in the matter to 

6 be struck; and 

7 (B) by striking ‘‘Secretary’’ and inserting 

8 ‘‘Secretary of Transportation’’ in the matter to 

9 be inserted. 

10 (c) MOTOR CARRIER SAFETY IMPROVEMENT ACT OF

11 1999.—Section 229(a)(1) of the Motor Carrier Safety Im12 provement Act of 1999 (49 U.S.C. 31136 note) is amended 

13 by inserting ‘‘of title 49, United States Code,’’ after ‘‘sec14 tions 31136 and 31502’’. 

15 SEC. 5513. AUTOMOBILE TRANSPORTER. 

16 Section 31111(b)(1) of title 49, United States Code, is 

17 amended— 

18 (1) in subparagraph (E) by striking ‘‘or’’ at the 

19 end; 

20 (2) in subparagraph (F) by striking the period 

21 at the end and inserting ‘‘; or’’; and 

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

23 ‘‘(G) imposes a vehicle length limitation of less 

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1 porter with a front overhang of less than 4 feet and 

2 a rear overhang of less than 6 feet.’’. 

3 SEC. 5514. READY MIX CONCRETE DELIVERY VEHICLES. 

4 Section 31502 of title 49, United States Code, is 

5 amended by adding at the end the following: 

6 ‘‘(f) READY MIXED CONCRETE DELIVERY VEHI7 CLES.— 

8 ‘‘(1) IN GENERAL.—Notwithstanding any other 

9 provision of law, regulations issued under this section 

10 or section 31136 (including section 1(e)(1)(ii) of part 

11 395 of title 49, Code of Federal Regulations) regard12 ing reporting, recordkeeping, or documentation of 

13 duty status, shall not apply to any driver of a ready 

14 mixed concrete delivery vehicle if— 

15 ‘‘(A) the driver operates within a 100 air16 mile radius of the normal work reporting loca17 tion; 

18 ‘‘(B) the driver returns to the work report19 ing location and is released from work within 14 

20 consecutive hours; 

21 ‘‘(C) the driver has at least 10 consecutive 

22 hours off duty following each 14 hours on duty; 

23 ‘‘(D) the driver does not exceed 11 hours 

24 maximum driving time following 10 consecutive 

25 hours off duty; and 


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1 ‘‘(E) the motor carrier that employs the 

2 driver maintains and retains for a period of 6 

3 months accurate and true time records that 

4 show— 

5 ‘‘(i) the time the driver reports for 

6 duty each day; 

7 ‘‘(ii) the total number of hours the 

8 driver is on duty each day; 

9 ‘‘(iii) the time the driver is released 

10 from duty each day; and 

11 ‘‘(iv) the total time for the preceding 

12 driving week the driver is used for the first 

13 time or intermittently. 

14 ‘‘(2) DEFINITION.—In this section, the term 

15 ‘driver of ready mixed concrete delivery vehicle’ 

16 means a driver of a vehicle designed to deliver ready 

17 mixed concrete on a daily basis and is equipped with 

18 a mechanism under which the vehicle’s propulsion en19 gine provides the power to operate a mixer drum to 

20 agitate and mix the product en route to the delivery 

21 site.’’. 

22 TITLE VI—INNOVATION 

23 SEC. 6001. SHORT TITLE. 

24 This title may be cited as the ‘‘Transportation for To25 morrow Act of 2015’’. 


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1 SEC. 6002. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) IN GENERAL.—The following amounts are author3 ized to be appropriated out of the Highway Trust Fund 

4 (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 DEPLOYMENT

10 PROGRAM.—To carry out section 503(c) of title 23, 

11 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 of 

24 title 23, United States Code $100,000,000 for each of 

25 fiscal years 2016 through 2021. 


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1 (5) UNIVERSITY TRANSPORTATION CENTERS PRO2 GRAM.—To carry out section 5505 of title 49, United 

3 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 STATISTICS.— 

11 To carry out chapter 63 of title 49, United States 

12 Code, $26,000,000 for each of fiscal years 2016 

13 through 2021. 

14 (b) APPLICABILITY OF TITLE 23, UNITED STATES

15 CODE.—Funds authorized to be appropriated by subsection 

16 (a) shall— 

17 (1) be available for obligation in the same man18 ner as if those funds were apportioned under chapter 

19 1 of title 23, United States Code, except that the Fed20 eral share of the cost of a project or activity carried 

21 out using those funds shall be 80 percent, unless oth22 erwise expressly provided by this Act (including the 

23 amendments by this Act) or otherwise determined by 

24 the Secretary; and 


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1 (2) remain available until expended and not be 

2 transferable, except as otherwise provided in this Act. 

3 SEC. 6003. ADVANCED TRANSPORTATION AND CONGESTION 

4 MANAGEMENT TECHNOLOGIES DEPLOYMENT. 

5 Section 503(c) of title 23, United States Code, is 

6 amended by adding at the end the following: 

7 ‘‘(4) ADVANCED TRANSPORTATION TECH8 NOLOGIES DEPLOYMENT.— 

9 ‘‘(A) IN GENERAL.—Not later than 6 

10 months after the date of enactment of this para11 graph, the Secretary shall establish an advanced 

12 transportation and congestion management tech13 nologies deployment initiative to provide grants 

14 to eligible entities to develop model deployment 

15 sites for large scale installation and operation of 

16 advanced transportation technologies to improve 

17 safety, efficiency, system performance, and infra18 structure return on investment. 

19 ‘‘(B) CRITERIA.—The Secretary shall de20 velop criteria for selection of an eligible entity to 

21 receive a grant under this paragraph, including 

22 how the deployment of technology will— 

23 ‘‘(i) reduce costs and improve return 

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1 hanced use of existing transportation capac2 ity; 

3 ‘‘(ii) deliver environmental benefits 

4 that alleviate congestion and streamline 

5 traffic flow; 

6 ‘‘(iii) measure and improve the oper7 ational performance of the applicable trans8 portation network; 

9 ‘‘(iv) reduce the number and severity of 

10 traffic crashes and increase driver, pas11 senger, and pedestrian safety; 

12 ‘‘(v) collect, disseminate, and use real13 time traffic, transit, parking, and other 

14 transportation-related information to im15 prove mobility, reduce congestion, and pro16 vide for more efficient and accessible trans17 portation; 

18 ‘‘(vi) monitor transportation assets to 

19 improve infrastructure management, reduce 

20 maintenance costs, prioritize investment de21 cisions, and ensure a state of good repair; 

22 ‘‘(vii) deliver economic benefits by re23 ducing delays, improving system perform24 ance, and providing for the efficient and re25 liable movement of goods and services; or 


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1 ‘‘(viii) accelerate the deployment of ve2 hicle-to-vehicle, vehicle-to-infrastructure, au3 tonomous vehicles, and other technologies. 

4 ‘‘(C) APPLICATIONS.— 

5 ‘‘(i) REQUEST.—Not later than 6 

6 months after the date of enactment of this 

7 paragraph, and for every fiscal year there8 after, the Secretary shall request applica9 tions in accordance with clause (ii). 

10 ‘‘(ii) CONTENTS.—An application sub11 mitted under this subparagraph shall in12 clude the following: 

13 ‘‘(I) PLAN.—A plan to deploy and 

14 provide for the long-term operation 

15 and maintenance of advanced trans16 portation and congestion management 

17 technologies to improve safety, effi18 ciency, system performance, and return 

19 on investment. 

20 ‘‘(II) OBJECTIVES.—Quantifiable 

21 system performance improvements, 

22 such as— 

23 ‘‘(aa) reducing traffic-related 

24 crashes, congestion, and costs; 


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1 ‘‘(bb) optimizing system effi2 ciency; and 

3 ‘‘(cc) improving access to 

4 transportation services. 

5 ‘‘(III) RESULTS.—Quantifiable 

6 safety, mobility, and environmental 

7 benefit projections such as data-driven 

8 estimates of how the project will im9 prove the region’s transportation sys10 tem efficiency and reduce traffic con11 gestion. 

12 ‘‘(IV) PARTNERSHIPS.—A plan 

13 for partnering with the private sector 

14 or public agencies, including 

15 multimodal and multijurisdictional 

16 entities, research institutions, organi17 zations representing transportation 

18 and technology leaders, or other trans19 portation stakeholders. 

20 ‘‘(V) LEVERAGING.—A plan to le21 verage and optimize existing local and 

22 regional advanced transportation tech23 nology investments. 

24 ‘‘(D) GRANT SELECTION.— 


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1 ‘‘(i) GRANT AWARDS.—Not later than 1 

2 year after the date of enactment of this 

3 paragraph, and for every fiscal year there4 after, the Secretary shall award grants to 

5 not less than 5 and not more than 8 eligible 

6 entities. 

7 ‘‘(ii) GEOGRAPHIC DIVERSITY.—In 

8 awarding a grant under this paragraph, the 

9 Secretary shall ensure, to the extent prac10 ticable, that grant recipients represent di11 verse geographic areas of the United States. 

12 ‘‘(E) USE OF GRANT FUNDS.—A grant re13 cipient may use funds awarded under this para14 graph to deploy advanced transportation and 

15 congestion management technologies, including— 

16 ‘‘(i) advanced traveler information sys17 tems; 

18 ‘‘(ii) advanced transportation manage19 ment technologies; 

20 ‘‘(iii) infrastructure maintenance, 

21 monitoring, and condition assessment; 

22 ‘‘(iv) advanced public transportation 

23 systems; 


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1 ‘‘(v) transportation system perform2 ance data collection, analysis, and dissemi3 nation systems; 

4 ‘‘(vi) advanced safety systems, includ5 ing vehicle-to-vehicle and vehicle-to-infra6 structure communications, technologies asso7 ciated with autonomous vehicles, and other 

8 collision avoidance technologies, including 

9 systems using cellular technology; 

10 ‘‘(vii) integration of intelligent trans11 portation systems with the Smart Grid and 

12 other energy distribution and charging sys13 tems; 

14 ‘‘(viii) electronic pricing and payment 

15 systems; or 

16 ‘‘(ix) advanced mobility and access 

17 technologies, such as dynamic ridesharing 

18 and information systems to support human 

19 services for elderly and disabled individuals. 

20 ‘‘(F) REPORT TO SECRETARY.—Not later 

21 than 1 year after an eligible entity receives a 

22 grant under this paragraph, and each year 

23 thereafter, the entity shall submit a report to the 

24 Secretary that describes— 


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1 ‘‘(i) deployment and operational costs 

2 of the project compared to the benefits and 

3 savings the project provides; and 

4 ‘‘(ii) how the project has met the origi5 nal expectations projected in the deployment 

6 plan submitted with the application, such 

7 as— 

8 ‘‘(I) data on how the project has 

9 helped reduce traffic crashes, conges10 tion, costs, and other benefits of the de11 ployed systems; 

12 ‘‘(II) data on the effect of meas13 uring and improving transportation 

14 system performance through the de15 ployment of advanced technologies; 

16 ‘‘(III) the effectiveness of pro17 viding real-time integrated traffic, 

18 transit, and multimodal transpor19 tation information to the public to 

20 make informed travel decisions; and 

21 ‘‘(IV) lessons learned and rec22 ommendations for future deployment 

23 strategies to optimize transportation 

24 efficiency and multimodal system per25 formance. 


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1 ‘‘(G) REPORT.—Not later than 3 years after 

2 the date that the first grant is awarded under 

3 this paragraph, and each year thereafter, the 

4 Secretary shall make available to the public on 

5 an Internet Web site a report that describes the 

6 effectiveness of grant recipients in meeting their 

7 projected deployment plans, including data pro8 vided under subparagraph (F) on how the pro9 gram has— 

10 ‘‘(i) reduced traffic-related fatalities 

11 and injuries; 

12 ‘‘(ii) reduced traffic congestion and 

13 improved travel time reliability; 

14 ‘‘(iii) reduced transportation-related 

15 emissions; 

16 ‘‘(iv) optimized multimodal system 

17 performance; 

18 ‘‘(v) improved access to transportation 

19 alternatives; 

20 ‘‘(vi) provided the public with access to 

21 real-time integrated traffic, transit, and 

22 multimodal transportation information to 

23 make informed travel decisions; 


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1 ‘‘(vii) provided cost savings to trans2 portation agencies, businesses, and the trav3 eling public; or 

4 ‘‘(viii) provided other benefits to trans5 portation users and the general public. 

6 ‘‘(H) ADDITIONAL GRANTS.—The Secretary 

7 may cease to provide additional grant funds to 

8 a recipient of a grant under this paragraph if— 

9 ‘‘(i) the Secretary determines from 

10 such recipient’s report that the recipient is 

11 not carrying out the requirements of the 

12 grant; and 

13 ‘‘(ii) the Secretary provides written no14 tice 60 days prior to withholding funds to 

15 the Committee on Transportation and In16 frastructure of the House of Representatives 

17 and the Committee on Environment and 

18 Public Works of the Senate. 

19 ‘‘(I) FUNDING.— 

20 ‘‘(i) IN GENERAL.—From funds made 

21 available to carry out section 503(b), this 

22 subsection, and sections 512 through 518, 

23 the Secretary shall set aside for grants 

24 awarded under subparagraph (D) 


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1 $75,000,000 for each of fiscal years 2016 

2 through 2021. 

3 ‘‘(ii) EXPENSES FOR THE SEC4 RETARY.—Of the amounts set aside under 

5 clause (i), the Secretary may set aside 

6 $2,000,000 each fiscal year for program re7 porting, evaluation, and administrative 

8 costs related to this paragraph. 

9 ‘‘(J) FEDERAL SHARE.—The Federal share 

10 of the cost of a project for which a grant is 

11 awarded under this subsection shall not exceed 

12 50 percent of the cost of the project. 

13 ‘‘(K) GRANT LIMITATION.—The Secretary 

14 may not award more than 20 percent of the 

15 amount described under subparagraph (I) in a 

16 fiscal year to a single grant recipient. 

17 ‘‘(L) EXPENSES FOR GRANT RECIPIENTS.— 

18 A grant recipient under this paragraph may use 

19 not more than 5 percent of the funds awarded 

20 each fiscal year to carry out planning and re21 porting requirements. 

22 ‘‘(M) GRANT FLEXIBILITY.— 

23 ‘‘(i) IN GENERAL.—If, by August 1 of 

24 each fiscal year, the Secretary determines 

25 that there are not enough grant applications 


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1 that meet the requirements described in sub2 paragraph (C) to carry out this section for 

3 a fiscal year, the Secretary shall transfer to 

4 the programs specified in clause (ii)— 

5 ‘‘(I) any of the funds reserved for 

6 the fiscal year under subparagraph (I) 

7 that the Secretary has not yet awarded 

8 under this paragraph; and 

9 ‘‘(II) an amount of obligation 

10 limitation equal to the amount of 

11 funds that the Secretary transfers 

12 under subclause (I). 

13 ‘‘(ii) PROGRAMS.—The programs re14 ferred to in clause (i) are— 

15 ‘‘(I) the program under section 

16 503(b); 

17 ‘‘(II) the program under section 

18 503(c); and 

19 ‘‘(III) the programs under sec20 tions 512 through 518. 

21 ‘‘(iii) DISTRIBUTION.—Any transfer of 

22 funds and obligation limitation under 

23 clause (i) shall be divided among the pro24 grams referred to in that clause in the same 

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1 served funding from the programs for the 

2 fiscal year under subparagraph (I). 

3 ‘‘(N) DEFINITIONS.—In this paragraph, the 

4 following definitions apply: 

5 ‘‘(i) ELIGIBLE ENTITY.—The term ‘eli6 gible entity’ means a State or local govern7 ment, a transit agency, metropolitan plan8 ning organization representing a popu9 lation of over 200,000, or other political 

10 subdivision of a State or local government 

11 or a multijurisdictional group or a con12 sortia of research institutions or academic 

13 institutions. 

14 ‘‘(ii) ADVANCED AND CONGESTION

15 MANAGEMENT TRANSPORTATION TECH16 NOLOGIES.—The term ‘advanced transpor17 tation and congestion management tech18 nologies’ means technologies that improve 

19 the efficiency, safety, or state of good repair 

20 of surface transportation systems, including 

21 intelligent transportation systems. 

22 ‘‘(iii) MULTIJURISDICTIONAL

23 GROUP.—The term ‘multijurisdictional 

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1 tan planning agencies, transit agencies, or 

2 other political subdivisions of a State for 

3 which each member of the group— 

4 ‘‘(I) has signed a written agree5 ment to implement the advanced trans6 portation technologies deployment ini7 tiative across jurisdictional bound8 aries; and 

9 ‘‘(II) is an eligible entity under 

10 this paragraph.’’. 

11 SEC. 6004. TECHNOLOGY AND INNOVATION DEPLOYMENT 

12 PROGRAM. 

13 Section 503(c)(3) of title 23, United States Code, is 

14 amended— 

15 (1) in subparagraph (C) by striking ‘‘2013 

16 through 2014’’ and inserting ‘‘2016 through 2021’’; 

17 and 

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

19 ‘‘(D) PUBLICATION.—The Secretary shall 

20 make available to the public on an Internet Web 

21 site on an annual basis a report on the cost and 

22 benefits from deployment of new technology and 

23 innovations that substantially and directly re24 sulted from the program established under this 


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1 paragraph. The report may include an analysis 

2 of— 

3 ‘‘(i) Federal, State, and local cost sav4 ings; 

5 ‘‘(ii) project delivery time improve6 ments; 

7 ‘‘(iii) reduced fatalities; and 

8 ‘‘(iv) congestion impacts.’’. 

9 SEC. 6005. INTELLIGENT TRANSPORTATION SYSTEM GOALS. 

10 Section 514(a) of title 23, United States Code, is 

11 amended— 

12 (1) in paragraph (4) by striking ‘‘and’’ at the 

13 end; 

14 (2) in paragraph (5) by striking the period at 

15 the end and inserting ‘‘; and’’; and 

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

17 ‘‘(6) enhancement of the national freight system 

18 and support to national freight policy goals by con19 ducting heavy duty vehicle demonstration activities 

20 and accelerating adoption of intelligent transpor21 tation system applications in freight operations.’’. 

22 SEC. 6006. INTELLIGENT TRANSPORTATION SYSTEM PRO23 GRAM REPORT. 

24 Section 515(h)(4) of title 23, United States Code, is 

25 amended— 


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1 (1) by striking ‘‘February 1 of each year after 

2 the date of enactment of the Transportation Research 

3 and Innovative Technology Act of 2012’’ and insert4 ing ‘‘May 1 of each year’’; and 

5 (2) by striking ‘‘submit to Congress’’ and insert6 ing ‘‘make available to the public on a Department 

7 of Transportation Web site’’. 

8 SEC. 6007. INTELLIGENT TRANSPORTATION SYSTEM NA9 TIONAL ARCHITECTURE AND STANDARDS. 

10 Section 517(a)(3) of title 23, United States Code, is 

11 amended by striking ‘‘memberships are comprised of, and 

12 represent,’’ and inserting ‘‘memberships include representa13 tives of’’. 

14 SEC. 6008. COMMUNICATION SYSTEMS DEPLOYMENT RE15 PORT. 

16 Section 518(a) of title 23, United States Code, is 

17 amended by striking ‘‘Not later than 3’’ and all that follows 

18 through ‘‘House of Representatives’’ and inserting ‘‘Not 

19 later than July 6, 2016, the Secretary shall make available 

20 to the public on a Department of Transportation Web site 

21 a report’’. 

22 SEC. 6009. INFRASTRUCTURE DEVELOPMENT. 

23 (a) IN GENERAL.—Chapter 5 of title 23, United States 

24 Code, is amended by adding at the end the following: 


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1 ‘‘§ 519. Infrastructure development 

2 ‘‘Funds made available to carry out this chapter for 

3 operational tests— 

4 ‘‘(1) shall be used primarily for the development 

5 of intelligent transportation system infrastructure, 

6 equipment, and systems; and 

7 ‘‘(2) to the maximum extent practicable, shall 

8 not be used for the construction of physical surface 

9 transportation infrastructure unless the construction 

10 is incidental and critically necessary to the imple11 mentation of an intelligent transportation system 

12 project.’’. 

13 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

14 (1) CLERICAL AMENDMENT.—The analysis for 

15 chapter 5 of title 23, United States Code, is amended 

16 by adding at the end the following new item: 

‘‘519. Infrastructure development.’’. 

17 (2) TECHNICAL AMENDMENT.—The item relating 

18 to section 512 in the analysis for chapter 5 of title 

19 23, United States Code, is amended to read as follows: 

‘‘512. National ITS program plan.’’. 

20 SEC. 6010. DEPARTMENTAL RESEARCH PROGRAMS. 

21 (a) ASSISTANT SECRETARY FOR RESEARCH AND

22 TECHNOLOGY.—Section 102(e) of title 49, United States 

23 Code, is amended— 


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1 (1) in paragraph (1) by striking ‘‘5’’ and insert2 ing ‘‘6’’; and 

3 (2) in paragraph (1)(A) by inserting ‘‘an Assist4 ant Secretary for Research and Technology,’’ after 

5 ‘‘Governmental Affairs,’’. 

6 (b) RESEARCH ACTIVITIES.—Section 330 of title 49, 

7 United States Code, is amended— 

8 (1) in the section heading by striking ‘‘con9 tracts’’ and inserting ‘‘activities’’; 

10 (2) in subsection (a) by striking ‘‘The Secretary 

11 of’’ and inserting ‘‘IN GENERAL.—The Secretary of’’; 

12 (3) in subsection (b) by striking ‘‘In carrying’’ 

13 and inserting ‘‘RESPONSIBILITIES.—In carrying’’; 

14 (4) in subsection (c) by striking ‘‘The Secretary’’ 

15 and inserting ‘‘PUBLICATIONS.—The Secretary’’; and 

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

17 ‘‘(d) DUTIES.—The Secretary shall provide for the fol18 lowing: 

19 ‘‘(1) Coordination, facilitation, and review of 

20 Department of Transportation research and develop21 ment programs and activities. 

22 ‘‘(2) Advancement, and research and develop23 ment, of innovative technologies, including intelligent 

24 transportation systems. 


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1 ‘‘(3) Comprehensive transportation statistics re2 search, analysis, and reporting. 

3 ‘‘(4) Education and training in transportation 

4 and transportation-related fields. 

5 ‘‘(5) Activities of the Volpe National Transpor6 tation Systems Center. 

7 ‘‘(6) Coordination in support of multimodal and 

8 multidisciplinary research activities. 

9 ‘‘(e) ADDITIONAL AUTHORITIES.—The Secretary 

10 may— 

11 ‘‘(1) enter into grants and cooperative agree12 ments with Federal agencies, State and local govern13 ment agencies, other public entities, private organiza14 tions, and other persons to conduct research into 

15 transportation service and infrastructure assurance 

16 and to carry out other research activities of the De17 partment of Transportation; 

18 ‘‘(2) carry out, on a cost-shared basis, collabo19 rative research and development to encourage innova20 tive solutions to multimodal transportation problems 

21 and stimulate the deployment of new technology 

22 with— 

23 ‘‘(A) non-Federal entities, including State 

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1 stitutions, partnerships, sole proprietorships, and 

2 trade associations that are incorporated or estab3 lished under the laws of any State; 

4 ‘‘(B) Federal laboratories; and 

5 ‘‘(C) other Federal agencies; and 

6 ‘‘(3) directly initiate contracts, grants, coopera7 tive research and development agreements (as defined 

8 in section 12 of the Stevenson-Wydler Technology In9 novation Act of 1980 (15 U.S.C. 3710a)), and other 

10 agreements to fund, and accept funds from, the 

11 Transportation Research Board of the National Acad12 emies, State departments of transportation, cities, 

13 counties, institutions of higher education, associa14 tions, and the agents of those entities to carry out 

15 joint transportation research and technology efforts. 

16 ‘‘(f) FEDERAL SHARE.— 

17 ‘‘(1) IN GENERAL.—Subject to paragraph (2), the 

18 Federal share of the cost of an activity carried out 

19 under subsection (e)(3) shall not exceed 50 percent. 

20 ‘‘(2) EXCEPTION.—If the Secretary determines 

21 that the activity is of substantial public interest or 

22 benefit, the Secretary may approve a greater Federal 

23 share. 

24 ‘‘(3) NON-FEDERAL SHARE.—All costs directly 

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1 sonnel, travel, facility, and hardware development 

2 costs, shall be credited toward the non-Federal share 

3 of the cost of an activity described in subsection 

4 (e)(3). 

5 ‘‘(g) PROGRAM EVALUATION AND OVERSIGHT.—For 

6 each of fiscal years 2016 through 2021, the Secretary is au7 thorized to expend not more than 1 and a half percent of 

8 the amounts authorized to be appropriated for the coordina9 tion, evaluation, and oversight of the programs adminis10 tered by the Office of the Assistant Secretary for Research 

11 and Technology. 

12 ‘‘(h) USE OF TECHNOLOGY.—The research, develop13 ment, or use of a technology under a contract, grant, cooper14 ative research and development agreement, or other agree15 ment entered into under this section, including the terms 

16 under which the technology may be licensed and the result17 ing royalties may be distributed, shall be subject to the Ste18 venson-Wydler Technology Innovation Act of 1980 (15 

19 U.S.C. 3701 et seq.). 

20 ‘‘(i) WAIVER OF ADVERTISING REQUIREMENTS.—Sec21 tion 6101 of title 41 shall not apply to a contract, grant, 

22 or other agreement entered into under this section.’’. 

23 (c) CLERICAL AMENDMENT.—The item relating to sec24 tion 330 in the analysis of chapter 3 of title 49, United 

25 States Code, is amended to read as follows: 

‘‘330. Research activities.’’. 


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1 (d) TECHNICAL AND CONFORMING AMENDMENTS.— 

2 (1) TITLE 5 AMENDMENTS.— 

3 (A) POSITIONS AT LEVEL II.—Section 5313 

4 of title 5, United States Code, is amended by 

5 striking ‘‘The Under Secretary of Transportation 

6 for Security.’’. 

7 (B) POSITIONS AT LEVEL IV.—Section 5315 

8 of title 5, United States Code, is amended in the 

9 undesignated item relating to Assistant Secre10 taries of Transportation by striking ‘‘(4)’’ and 

11 inserting ‘‘(5)’’. 

12 (C) POSITIONS AT LEVEL V.—Section 5316 

13 of title 5, United States Code, is amended by 

14 striking ‘‘Associate Deputy Secretary, Depart15 ment of Transportation.’’. 

16 (2) BUREAU OF TRANSPORTATION STATISTICS.— 

17 Section 6302(a) of title 49, United States Code, is 

18 amended to read as follows: 

19 ‘‘(a) IN GENERAL.—There shall be within the Depart20 ment of Transportation the Bureau of Transportation Sta21 tistics.’’. 

22 SEC. 6011. RESEARCH AND INNOVATIVE TECHNOLOGY AD23 MINISTRATION. 

24 (a) REPEAL.—Section 112 of title 49, United States 

25 Code, is repealed. 


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1 (b) CLERICAL AMENDMENT.—The analysis for chapter 

2 1 of title 49, United States Code, is amended by striking 

3 the item relating to section 112. 

4 SEC. 6012. OFFICE OF INTERMODALISM. 

5 (a) REPEAL.—Section 5503 of title 49, United States 

6 Code, is repealed. 

7 (b) CLERICAL AMENDMENT.—The analysis for chapter 

8 55 of title 49, United States Code, is amended by striking 

9 the item relating to section 5503. 

10 SEC. 6013. UNIVERSITY TRANSPORTATION CENTERS. 

11 Section 5505 of title 49, United States Code, is amend12 ed to read as follows: 

13 ‘‘§ 5505. University transportation centers program 

14 ‘‘(a) UNIVERSITY TRANSPORTATION CENTERS PRO15 GRAM.— 

16 ‘‘(1) ESTABLISHMENT AND OPERATION.—The 

17 Secretary shall make grants under this section to eli18 gible nonprofit institutions of higher education to es19 tablish and operate university transportation centers. 

20 ‘‘(2) ROLE OF CENTERS.—The role of each uni21 versity transportation center referred to in paragraph 

22 (1) shall be— 

23 ‘‘(A) to advance transportation expertise 

24 and technology in the varied disciplines that 

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1 cation, research, and technology transfer activi2 ties; 

3 ‘‘(B) to provide for a critical transportation 

4 knowledge base outside of the Department of 

5 Transportation; and 

6 ‘‘(C) to address critical workforce needs and 

7 educate the next generation of transportation 

8 leaders. 

9 ‘‘(b) COMPETITIVE SELECTION PROCESS.— 

10 ‘‘(1) APPLICATIONS.—To receive a grant under 

11 this section, a consortium of nonprofit institutions of 

12 higher education shall submit to the Secretary an ap13 plication that is in such form and contains such in14 formation as the Secretary may require. 

15 ‘‘(2) LIMITATION.—A lead institution of a con16 sortium of nonprofit institutions of higher education, 

17 as applicable, may only submit 1 grant application 

18 per fiscal year for each of the transportation centers 

19 described under paragraphs (2), (3), and (4) of sub20 section (c). 

21 ‘‘(3) COORDINATION.—The Secretary shall solicit 

22 grant applications for national transportation cen23 ters, regional transportation centers, and Tier 1 uni24 versity transportation centers with identical adver25 tisement schedules and deadlines. 


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1 ‘‘(4) GENERAL SELECTION CRITERIA.— 

2 ‘‘(A) IN GENERAL.—Except as otherwise 

3 provided by this section, the Secretary shall 

4 award grants under this section in nonexclusive 

5 candidate topic areas established by the Sec6 retary that address the research priorities identi7 fied in section 503 of title 23. 

8 ‘‘(B) CRITERIA.—The Secretary, in con9 sultation with the Assistant Secretary for Re10 search and Technology and the Administrator of 

11 the Federal Highway Administration, shall select 

12 each recipient of a grant under this section 

13 through a competitive process based on the as14 sessment of the Secretary relating to— 

15 ‘‘(i) the demonstrated ability of the re16 cipient to address each specific topic area 

17 described in the research and strategic plans 

18 of the recipient; 

19 ‘‘(ii) the demonstrated research, tech20 nology transfer, and education resources 

21 available to the recipient to carry out this 

22 section; 

23 ‘‘(iii) the ability of the recipient to 

24 provide leadership in solving immediate 


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1 and long-range national and regional trans2 portation problems; 

3 ‘‘(iv) the ability of the recipient to 

4 carry out research, education, and tech5 nology transfer activities that are 

6 multimodal and multidisciplinary in scope; 

7 ‘‘(v) the demonstrated commitment of 

8 the recipient to carry out transportation 

9 workforce development programs through— 

10 ‘‘(I) degree-granting programs or 

11 programs that provide other industry12 recognized credentials; and 

13 ‘‘(II) outreach activities to attract 

14 new entrants into the transportation 

15 field, including women and underrep16 resented populations; 

17 ‘‘(vi) the demonstrated ability of the 

18 recipient to disseminate results and spur 

19 the implementation of transportation re20 search and education programs through na21 tional or statewide continuing education 

22 programs; 

23 ‘‘(vii) the demonstrated commitment of 

24 the recipient to the use of peer review prin25 ciples and other research best practices in 


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1 the selection, management, and dissemina2 tion of research projects; 

3 ‘‘(viii) the strategic plan submitted by 

4 the recipient describing the proposed re5 search to be carried out by the recipient and 

6 the performance metrics to be used in as7 sessing the performance of the recipient in 

8 meeting the stated research, technology 

9 transfer, education, and outreach goals; and 

10 ‘‘(ix) the ability of the recipient to im11 plement the proposed program in a cost-effi12 cient manner, such as through cost sharing 

13 and overall reduced overhead, facilities, and 

14 administrative costs. 

15 ‘‘(5) TRANSPARENCY.— 

16 ‘‘(A) IN GENERAL.—The Secretary shall 

17 provide to each applicant, upon request, any 

18 materials, including copies of reviews (with any 

19 information that would identify a reviewer re20 dacted), used in the evaluation process of the 

21 proposal of the applicant. 

22 ‘‘(B) REPORTS.—The Secretary shall sub23 mit to the Committees on Transportation and 

24 Infrastructure and Science, Space, and Tech25 nology of the House of Representatives and the 


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1 Committee on Environment and Public Works of 

2 the Senate a report describing the overall review 

3 process under paragraph (3) that includes— 

4 ‘‘(i) specific criteria of evaluation used 

5 in the review; 

6 ‘‘(ii) descriptions of the review process; 

7 and 

8 ‘‘(iii) explanations of the selected 

9 awards. 

10 ‘‘(6) OUTSIDE STAKEHOLDERS.—The Secretary 

11 shall, to the maximum extent practicable, consult ex12 ternal stakeholders such as the Transportation Re13 search Board of the National Research Council of the 

14 National Academies to evaluate and competitively re15 view all proposals. 

16 ‘‘(c) GRANTS.— 

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

18 the date of enactment of this section, the Secretary, 

19 Assistant Secretary for Research and Technology, and 

20 the Administrator of the Federal Highway Adminis21 tration shall select grant recipients under subsection 

22 (b) and make grant amounts available to the selected 

23 recipients. 

24 ‘‘(2) NATIONAL TRANSPORTATION CENTERS.— 


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1 ‘‘(A) IN GENERAL.—Subject to subpara2 graph (B), the Secretary shall provide grants to 

3 5 consortia that the Secretary determines best 

4 meet the criteria described in subsection (b)(4). 

5 ‘‘(B) RESTRICTIONS.— 

6 ‘‘(i) IN GENERAL.—For each fiscal 

7 year, a grant made available under this 

8 paragraph shall be not greater than 

9 $4,000,000 and not less than $2,000,000 per 

10 recipient. 

11 ‘‘(ii) FOCUSED RESEARCH.—A consor12 tium receiving a grant under this para13 graph shall focus research on 1 of the trans14 portation issue areas specified in section 

15 508(a)(2) of title 23. 

16 ‘‘(C) MATCHING REQUIREMENT.— 

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; or 

2 ‘‘(II) section 505 of title 23. 

3 ‘‘(3) REGIONAL UNIVERSITY TRANSPORTATION

4 CENTERS.— 

5 ‘‘(A) LOCATION OF REGIONAL CENTERS.— 

6 One regional university transportation center 

7 shall be located in each of the 10 Federal regions 

8 that comprise the Standard Federal Regions es9 tablished by the Office of Management and 

10 Budget in the document entitled ‘Standard Fed11 eral Regions’ and dated April 1974 (circular A– 

12 105). 

13 ‘‘(B) SELECTION CRITERIA.—In conducting 

14 a competition under subsection (b), the Secretary 

15 shall provide grants to 10 consortia on the basis 

16 of— 

17 ‘‘(i) the criteria described in subsection 

18 (b)(4); 

19 ‘‘(ii) the location of the lead center 

20 within the Federal region to be served; and 

21 ‘‘(iii) whether the consortium of insti22 tutions demonstrates that the consortium 

23 has a well-established, nationally recognized 

24 program in transportation research and 

25 education, as evidenced by— 


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1 ‘‘(I) recent expenditures by the in2 stitution 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 highways 

7 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 year, 

13 a grant made available under this paragraph 

14 shall be not greater than $3,000,000 and not less 

15 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; or 

2 ‘‘(II) section 505 of title 23. 

3 ‘‘(E) FOCUSED RESEARCH.—The Secretary 

4 shall make a grant to 1 of the 10 regional uni5 versity transportation centers established under 

6 this paragraph for the purpose of furthering the 

7 objectives described in subsection (a)(2) in the 

8 field of comprehensive transportation safety. 

9 ‘‘(4) TIER 1 UNIVERSITY TRANSPORTATION CEN10 TERS.— 

11 ‘‘(A) IN GENERAL.—The Secretary shall 

12 provide grants of not greater than $2,000,000 

13 and not less than $1,000,000 to not more than 

14 20 recipients to carry out this paragraph. 

15 ‘‘(B) MATCHING REQUIREMENT.— 

16 ‘‘(i) IN GENERAL.—As a condition of 

17 receiving a grant under this paragraph, a 

18 grant recipient shall match 50 percent of 

19 the amounts made available under the 

20 grant. 

21 ‘‘(ii) SOURCES.—The matching 

22 amounts referred to in clause (i) may in23 clude amounts made available to the recipi24 ent under— 

25 ‘‘(I) section 504(b) of title 23; or 


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1 ‘‘(II) section 505 of title 23. 

2 ‘‘(C) FOCUSED RESEARCH.—In awarding 

3 grants under this section, consideration shall be 

4 given to minority institutions, as defined by sec5 tion 365 of the Higher Education Act of 1965 

6 (20 U.S.C. 1067k), or consortia that include such 

7 institutions that have demonstrated an ability in 

8 transportation-related research. 

9 ‘‘(d) PROGRAM COORDINATION.— 

10 ‘‘(1) IN GENERAL.—The Secretary shall— 

11 ‘‘(A) coordinate the research, education, and 

12 technology transfer activities carried out by 

13 grant recipients under this section; and 

14 ‘‘(B) disseminate the results of that research 

15 through the establishment and operation of a 

16 publicly accessible online information clearing17 house. 

18 ‘‘(2) ANNUAL REVIEW AND EVALUATION.—Not 

19 less frequently than annually, and consistent with the 

20 plan developed under section 508 of title 23, the Sec21 retary shall— 

22 ‘‘(A) review and evaluate the programs car23 ried out under this section by grant recipients; 

24 and 


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1 ‘‘(B) submit to the Committees on Trans2 portation and Infrastructure and Science, Space, 

3 and Technology of the House of Representatives 

4 and the Committee on Environment and Public 

5 Works of the Senate a report describing that re6 view and evaluation. 

7 ‘‘(3) PROGRAM EVALUATION AND OVERSIGHT.— 

8 For each of fiscal years 2016 through 2021, the Sec9 retary shall expend not more than 1 and a half per10 cent of the amounts made available to the Secretary 

11 to carry out this section for any coordination, evalua12 tion, and oversight activities of the Secretary under 

13 this section. 

14 ‘‘(e) LIMITATION ON AVAILABILITY OF AMOUNTS.— 

15 Amounts made available to the Secretary to carry out this 

16 section shall remain available for obligation by the Sec17 retary for a period of 3 years after the last day of the fiscal 

18 year for which the amounts are authorized. 

19 ‘‘(f) INFORMATION COLLECTION.—Any survey, ques20 tionnaire, or interview that the Secretary determines to be 

21 necessary to carry out reporting requirements relating to 

22 any program assessment or evaluation activity under this 

23 section, including customer satisfaction assessments, shall 

24 not be subject to chapter 35 of title 44.’’. 


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1 SEC. 6014. BUREAU OF TRANSPORTATION STATISTICS. 

2 (a) BUREAU OF TRANSPORTATION STATISTICS.—Sec3 tion 6302(b)(3)(B) of title 49, United States Code, is 

4 amended— 

5 (1) in clause (vi)(III) by striking ‘‘section 6310’’ 

6 and inserting ‘‘section 6309’’; 

7 (2) by redesignating clauses (vii), (viii), (ix), 

8 and (x) as clauses (x), (xi), (xii), and (xiii), respec9 tively; and 

10 (3) by inserting after clause (vi) the following: 

11 ‘‘(vii) develop and improve transpor12 tation economic accounts to meet demand 

13 for methods for estimating the economic 

14 value of transportation infrastructure, in15 vestment, and services; 

16 ‘‘(viii) not be required to obtain the 

17 approval of any other officer or employee of 

18 the Department in connection with the col19 lection or analysis of any information; 

20 ‘‘(ix) not be required, prior to publica21 tion, to obtain the approval of any other of22 ficer or employee of the Federal Government 

23 with respect to the substance of any statis24 tical technical reports or press releases that 

25 the Director has prepared in accordance 

26 with the law;’’. 


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1 (b) TECHNICAL AMENDMENT.—Section 6311(5) of title 

2 49, United States Code, is amended by striking ‘‘section 

3 6310’’ and inserting ‘‘section 6309’’. 

4 SEC. 6015. SURFACE TRANSPORTATION SYSTEM FUNDING 

5 ALTERNATIVES. 

6 (a) IN GENERAL.—The Secretary shall establish a pro7 gram to provide grants to States to demonstrate user-based 

8 alternative revenue mechanisms that utilize a user fee struc9 ture to maintain the long-term solvency of the Highway 

10 Trust Fund. 

11 (b) APPLICATION.—To be eligible for a grant under 

12 this section, a State or group of States shall submit to the 

13 Secretary an application in such form and containing such 

14 information as the Secretary may require. 

15 (c) OBJECTIVES.—The Secretary shall ensure that the 

16 activities carried out using funds provided under this sec17 tion meet the following objectives: 

18 (1) To test the design, acceptance, and imple19 mentation of 2 or more future user-based alternative 

20 revenue mechanisms. 

21 (2) To improve the functionality of such user22 based alternative revenue mechanisms. 

23 (3) To conduct outreach to increase public 

24 awareness regarding the need for alternative funding 


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1 sources for surface transportation programs and to 

2 provide information on possible approaches. 

3 (4) To provide recommendations regarding adop4 tion and implementation of user-based alternative 

5 revenue mechanisms. 

6 (5) To minimize the administrative cost of any 

7 potential user-based alternative revenue mechanisms. 

8 (d) USE OF FUNDS.—A State or group of States re9 ceiving funds under this section to test the design, accept10 ance, and implementation of a user-based alternative rev11 enue mechanism— 

12 (1) shall address— 

13 (A) the implementation, interoperability, 

14 public acceptance, and other potential hurdles to 

15 the adoption of the user-based alternative revenue 

16 mechanism; 

17 (B) the protection of personal privacy; 

18 (C) the use of independent and private 

19 third-party vendors to collect fees and operate the 

20 user-based alternative revenue mechanism; 

21 (D) market-based congestion mitigation, if 

22 appropriate; 

23 (E) equity concerns, including the impacts 

24 of the user-based alternative revenue mechanism 

25 on differing income groups, various geographic 


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1 areas, and the relative burdens on rural and 

2 urban drivers; 

3 (F) ease of compliance for different users of 

4 the transportation system; and 

5 (G) the reliability and security of tech6 nology used to implement the user-based alter7 native revenue mechanism; and 

8 (2) may address— 

9 (A) the flexibility and choices of user-based 

10 alternative revenue mechanisms, including the 

11 ability of users to select from various technology 

12 and payment options; 

13 (B) the cost of administering the user-based 

14 alternative revenue mechanism; and 

15 (C) the ability of the administering entity 

16 to audit and enforce user compliance. 

17 (e) CONSIDERATION.—The Secretary shall consider ge18 ographic diversity in awarding grants under this section. 

19 (f) LIMITATIONS ON REVENUE COLLECTED.—Any rev20 enue collected through a user-based alternative revenue 

21 mechanism established using funds provided under this sec22 tion shall not be considered a toll under section 301 of title 

23 23, United States Code. 


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1 (g) FEDERAL SHARE.—The Federal share of the cost 

2 of an activity carried out under this section may not exceed 

3 50 percent of the total cost of the activity. 

4 (h) REPORT TO SECRETARY.—Not later than 1 year 

5 after the date on which the first eligible entity receives a 

6 grant under this section, and each year thereafter, each re7 cipient of a grant under this section shall submit to the 

8 Secretary a report that describes— 

9 (1) how the demonstration activities carried out 

10 with grant funds meet the objectives described in sub11 section (c); and 

12 (2) lessons learned for future deployment of al13 ternative revenue mechanisms that utilize a user fee 

14 structure. 

15 (i) BIENNIAL REPORTS.—Not later than 2 years after 

16 the date of enactment of this Act, and every 2 years there17 after until the completion of the demonstration activities 

18 under this section, the Secretary shall make available to the 

19 public on an Internet Web site a report describing the 

20 progress of the demonstration activities. 

21 (j) FUNDING.—Of the funds authorized to carry out 

22 section 503(b) of title 23, United States Code— 

23 (1) $15,000,000 shall be used to carry out this 

24 section for fiscal year 2016; and 


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1 (2) $20,000,000 shall be used to carry out this 

2 section for each of fiscal years 2017 through 2021. 

3 (k) GRANT FLEXIBILITY.—If, by August 1 of each fis4 cal year, the Secretary determines that there are not enough 

5 grant applications that meet the requirements of this section 

6 for a fiscal year, Secretary shall transfer to the program 

7 under section 503(b) of title 23, United States Code— 

8 (1) any of the funds reserved for the fiscal year 

9 under subsection (j) that the Secretary has not yet 

10 awarded under this section; and 

11 (2) an amount of obligation limitation equal to 

12 the amount of funds that the Secretary transfers 

13 under paragraph (1). 

14 SEC. 6016. FUTURE INTERSTATE STUDY. 

15 (a) FUTURE INTERSTATE SYSTEM STUDY.—Not later 

16 than 180 days after the date of enactment of this Act, the 

17 Secretary shall enter into an agreement with the Transpor18 tation Research Board of the National Academies to conduct 

19 a study on the actions needed to upgrade and restore the 

20 Dwight D. Eisenhower National System of Interstate and 

21 Defense Highways to its role as a premier system that meets 

22 the growing and shifting demands of the 21st century. 

23 (b) METHODOLOGIES.—In conducting the study, the 

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1 pared for the American Association of State Highway and 

2 Transportation Officials titled ‘‘National Cooperative 

3 Highway Research Program Project 20–24(79): Specifica4 tions for a National Study of the Future 3R, 4R, and Ca5 pacity Needs of the Interstate System’’, dated December 

6 2013. 

7 (c) CONTENTS OF STUDY.—The study— 

8 (1) shall include specific recommendations re9 garding the features, standards, capacity needs, ap10 plication of technologies, and intergovernmental roles 

11 to upgrade the Interstate System, including any revi12 sions to law (including regulations) that the Trans13 portation Research Board determines appropriate; 

14 and 

15 (2) is encouraged to build on the institutional 

16 knowledge in the highway industry in applying the 

17 techniques involved in implementing the study. 

18 (d) CONSIDERATIONS.—In carrying out the study, the 

19 Transportation Research Board shall determine the need for 

20 reconstruction and improvement of the Interstate System 

21 by considering— 

22 (1) future demands on transportation infrastruc23 ture determined for national planning purposes, in24 cluding commercial and private traffic flows to serve 

25 future economic activity and growth; 


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1 (2) the expected condition of the current Inter2 state System over the period of 50 years beginning on 

3 the date of enactment of this Act, including long-term 

4 deterioration and reconstruction needs; 

5 (3) features that would take advantage of techno6 logical capabilities to address modern standards of 

7 construction, maintenance, and operations, for pur8 poses of safety, and system management, taking into 

9 further consideration system performance and cost; 

10 and 

11 (4) the resources necessary to maintain and im12 prove the Interstate System. 

13 (e) CONSULTATION.—In carrying out the study, the 

14 Transportation Research Board— 

15 (1) shall convene and consult with a panel of na16 tional experts, including operators and users of the 

17 Interstate System and private sector stakeholders; and 

18 (2) is encouraged to consult with— 

19 (A) the Federal Highway Administration; 

20 (B) States; 

21 (C) planning agencies at the metropolitan, 

22 State, and regional levels; 

23 (D) the motor carrier industry; 

24 (E) freight shippers; 

25 (F) highway safety groups; and 


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1 (G) other appropriate entities. 

2 (f) REPORT.—Not later than 3 years after the date of 

3 enactment of this Act, the Transportation Research Board 

4 shall make available to the public on an Internet Web site 

5 the results of the study conducted under this section. 

6 (g) FUNDING.—From funds made available to carry 

7 out section 503(b) of title 23, United States Code, the Sec8 retary may use to carry out this section up to $5,000,000 

9 for fiscal year 2016. 

10 SEC. 6017. HIGHWAY EFFICIENCY. 

11 (a) STUDY.— 

12 (1) IN GENERAL.—The Assistant Secretary of 

13 Transportation for Research and Technology may ex14 amine the impact of pavement durability and sus15 tainability on vehicle fuel consumption, vehicle wear 

16 and tear, road conditions, and road repairs. 

17 (2) METHODOLOGY.—In carrying out the study, 

18 the Assistant Secretary shall— 

19 (A) conduct a thorough review of relevant 

20 peer-reviewed research published during at least 

21 the past 5 years; 

22 (B) analyze impacts of different types of 

23 pavement on all motor vehicle types, including 

24 commercial vehicles; 


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1 (C) specifically examine the impact of pave2 ment deformation and deflection; and 

3 (D) analyze impacts of different types of 

4 pavement on road conditions and road repairs. 

5 (3) CONSULTATION.—In carrying out the study, 

6 the Assistant Secretary shall consult with— 

7 (A) experts from the different modal admin8 istrations of the Department and from other Fed9 eral agencies, including the National Institute of 

10 Standards and Technology; 

11 (B) State departments of transportation; 

12 (C) local government engineers and public 

13 works professionals; 

14 (D) industry stakeholders; and 

15 (E) appropriate academic experts active in 

16 the field. 

17 (b) REPORT.— 

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

19 the date of enactment of this Act, the Assistant Sec20 retary shall publish on a public Web site the results 

21 of the study. 

22 (2) CONTENTS.—The report shall include— 

23 (A) a summary of the different types of 

24 pavements analyzed in the study and the im25 pacts of pavement durability and sustainability 


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1 on vehicle fuel consumption, vehicle wear and 

2 tear, road conditions, and road repairs; and 

3 (B) recommendations for State and local 

4 governments on best practice methods for im5 proving pavement durability and sustainability 

6 to maximize vehicle fuel economy, ride quality, 

7 and road conditions and to minimize the need 

8 for road and vehicle repairs. 

9 SEC. 6018. MOTORCYCLE SAFETY. 

10 (a) STUDY.—The Assistant Secretary for Research and 

11 Technology of the Department of Transportation may enter 

12 into an agreement, within 45 days after the date of enact13 ment of this Act, with the National Academy of Sciences 

14 to conduct a study on the most effective means of preventing 

15 motorcycle crashes. 

16 (b) PUBLICATION.—The Assistant Secretary may make 

17 available the findings on a public Web site within 30 days 

18 after receiving the results of the study from the National 

19 Academy of Sciences. 

20 SEC. 6019. HAZARDOUS MATERIALS RESEARCH AND DEVEL21 OPMENT. 

22 Section 5118 of title 49, United States Code, is amend23 ed— 

24 (1) in subsection (a)(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 pe4 riod at the end and inserting ‘‘; and’’; and 

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

6 ‘‘(C) coordinate, as appropriate, with other 

7 Federal agencies.’’; and 

8 (2) by adding at the end the following new sub9 section: 

10 ‘‘(c) COOPERATIVE RESEARCH.— 

11 ‘‘(1) IN GENERAL.—As part of the program es12 tablished in subsection (a), the Secretary may carry 

13 out cooperative research on hazardous materials 

14 transport. 

15 ‘‘(2) NATIONAL ACADEMIES.—The Secretary may 

16 enter into an agreement with the National Academies 

17 to support such research. 

18 ‘‘(3) RESEARCH.—Research conducted under this 

19 subsection may include activities related to— 

20 ‘‘(A) emergency planning and response, in21 cluding information and programs that can be 

22 readily assessed and implemented in local juris23 dictions; 

24 ‘‘(B) risk analysis and perception and data 

25 assessment; 


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1 ‘‘(C) commodity flow data, including vol2 untary collaboration between shippers and first 

3 responders for secure data exchange of critical 

4 information; 

5 ‘‘(D) integration of safety and security; 

6 ‘‘(E) cargo packaging and handling; 

7 ‘‘(F) hazmat release consequences; and 

8 ‘‘(G) materials and equipment testing.’’. 

9 SEC. 6020. WEB-BASED TRAINING FOR EMERGENCY RE10 SPONDERS. 

11 Section 5115(a) of title 49, United States Code, is 

12 amended by inserting ‘‘, including online curriculum as ap13 propriate,’’ after ‘‘a current curriculum of courses’’. 

14 SEC. 6021. TRANSPORTATION TECHNOLOGY POLICY WORK15 ING GROUP. 

16 To improve the scientific pursuit and research proce17 dures concerning transportation, the Assistant Secretary for 

18 Research and Technology may convene an interagency 

19 working group to— 

20 (1) develop within 1 year after the date of enact21 ment of this Act a national transportation research 

22 framework; 

23 (2) identify opportunities for coordination be24 tween the Department and universities and the pri25 vate sector, and prioritize these opportunities; 


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1 (3) identify and develop a plan to implement 

2 best practices for moving transportation research re3 sults out of the laboratory and into application; and 

4 (4) identify and develop a plan to address re5 lated workforce development needs. 

6 SEC. 6022. COLLABORATION AND SUPPORT. 

7 The Secretary may solicit the support of, and identify 

8 opportunities to collaborate with, other Federal research 

9 agencies and national laboratories to assist in the effective 

10 and efficient pursuit and resolution of research challenges 

11 identified by the Secretary. 

12 SEC. 6023. PRIZE COMPETITIONS. 

13 Section 502(b)(7) of title 23, United States Code, is 

14 amended— 

15 (1) in subparagraph (D)— 

16 (A) by inserting ‘‘(such as 

17 www.challenge.gov)’’ after ‘‘public website’’; 

18 (B) by redesignating clauses (iii) and (iv) 

19 as clauses (iv) and (v), respectively; 

20 (C) by inserting after clause (ii) the fol21 lowing: 

22 ‘‘(iii) the process for participants to 

23 register for the competition;’’; and 


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1 (D) in clause (iv) (as redesignated by sub2 paragraph (B)) by striking ‘‘prize’’ and insert3 ing ‘‘cash prize purse’’; 

4 (2) in subparagraph (E) by striking ‘‘prize’’ both 

5 places it appears and inserting ‘‘cash prize purse’’; 

6 (3) by redesignating subparagraphs (F) through 

7 (K) as subparagraphs (G) through (L), respectively; 

8 (4) by inserting after subparagraph (E) the fol9 lowing: 

10 ‘‘(F) USE OF FEDERAL FACILITIES; CON11 SULTATION WITH FEDERAL EMPLOYEES.—An in12 dividual or entity is not ineligible to receive a 

13 cash prize purse under this paragraph as a re14 sult of the individual or entity using a Federal 

15 facility or consulting with a Federal employee 

16 related to the individual or entity’s participa17 tion in a prize competition under this para18 graph unless the same facility or employee is 

19 made available to all individuals and entities 

20 participating in the prize competition on an eq21 uitable basis.’’; 

22 (5) in subparagraph (G) (as redesignated by 

23 paragraph (3) of this section)— 


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1 (A) in clause (i)(I) by striking ‘‘competi2 tion’’ and inserting ‘‘prize competition under 

3 this paragraph’’; 

4 (B) in clause (ii)(I)— 

5 (i) by striking ‘‘participation in a 

6 competition’’ and inserting ‘‘participation 

7 in a prize competition under this para8 graph’’; and 

9 (ii) by striking ‘‘competition activi10 ties’’ and inserting ‘‘prize competition ac11 tivities’’; and 

12 (C) by adding at the end the following: 

13 ‘‘(iii) INTELLECTUAL PROPERTY.— 

14 ‘‘(I) PROHIBITION ON REQUIRING

15 WAIVER.—The Secretary may not re16 quire a participant to waive claims 

17 against the Department arising out of 

18 the unauthorized use or disclosure by 

19 the Department of the intellectual 

20 property, trade secrets, or confidential 

21 business information of the partici22 pant. 

23 ‘‘(II) PROHIBITION ON GOVERN24 MENT ACQUISITION OF INTELLECTUAL

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1 ernment may not gain an interest in 

2 intellectual property developed by a 

3 participant for a prize competition 

4 under this paragraph without the writ5 ten consent of the participant. 

6 ‘‘(III) LICENSES.—The Federal 

7 Government may negotiate a license 

8 for the use of intellectual property de9 veloped by a participant for a prize 

10 competition under this paragraph.’’; 

11 (6) in subparagraph (H)(i) (as redesignated by 

12 paragraph (3) of this section) by striking ‘‘subpara13 graph (H)’’ and inserting ‘‘subparagraph (I)’’; 

14 (7) in subparagraph (I) (as redesignated by 

15 paragraph (3) of this section) by striking ‘‘an agree16 ment with a private, nonprofit entity’’ and inserting 

17 ‘‘a grant, contract, cooperative agreement, or other 

18 agreement with a private sector for-profit or non19 profit entity’’; 

20 (8) in subparagraph (J) (as redesignated by 

21 paragraph (3) of this section)— 

22 (A) in clause (i)— 

23 (i) in subclause (I) by striking ‘‘the 

24 private sector’’ and inserting ‘‘private sector 

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1 able to the extent provided by appropria2 tions Acts’’; 

3 (ii) in subclause (II) by striking ‘‘and 

4 metropolitan planning organizations’’ and 

5 inserting ‘‘metropolitan planning organiza6 tions, and private sector for-profit and non7 profit entities’’; and 

8 (iii) in subclause (III) by inserting 

9 ‘‘for-profit or nonprofit’’ after ‘‘private sec10 tor’’; 

11 (B) in clause (ii) by striking ‘‘prize 

12 awards’’ and inserting ‘‘cash prize purses’’; 

13 (C) in clause (iv)— 

14 (i) by inserting ‘‘competition’’ after ‘‘A 

15 prize’’; and 

16 (ii) by striking ‘‘the prize’’ and insert17 ing ‘‘the cash prize purse’’; 

18 (D) in clause (v)— 

19 (i) by striking ‘‘amount of a prize’’ 

20 and inserting ‘‘amount of a cash prize 

21 purse’’; 

22 (ii) by inserting ‘‘competition’’ after 

23 ‘‘announcement of the prize’’; and 

24 (iii) in subclause (I) by inserting 

25 ‘‘competition’’ after ‘‘prize’’; 


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1 (E) in clause (vi) by striking ‘‘offer a prize’’ 

2 and inserting ‘‘offer a cash prize purse’’; and 

3 (F) in clause (vii) by striking ‘‘cash prizes’’ 

4 and inserting ‘‘cash prize purses’’; 

5 (9) in subparagraph (K) (as redesignated by 

6 paragraph (3) of this section) by striking ‘‘or pro7 viding a prize’’ and inserting ‘‘a prize competition or 

8 providing a cash prize purse’’; and 

9 (10) in subparagraph (L)(ii) (as redesignated by 

10 paragraph (3) of this section)— 

11 (A) in subclause (I) by striking ‘‘The Sec12 retary’’ and inserting ‘‘Not later than March 1 

13 of each year, the Secretary’’; and 

14 (B) in subclause (II)— 

15 (i) in item (cc) by striking ‘‘cash 

16 prizes’’ both places it appears and inserting 

17 ‘‘cash prize purses’’; and 

18 (ii) in item (ee) by striking ‘‘agency’’ 

19 and inserting ‘‘Department’’. 

20 SEC. 6024. GAO REPORT. 

21 Not later than 2 years after the date of enactment of 

22 this Act, the Comptroller General of the United States shall 

23 make available to the public a report that— 


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1 (1) assesses the status of autonomous transpor2 tation technology policy developed by public entities 

3 in the United States; 

4 (2) assesses the organizational readiness of the 

5 Department to address autonomous vehicle technology 

6 challenges; and 

7 (3) recommends implementation paths for auton8 omous transportation technology, applications, and 

9 policies that are based on the assessment described in 

10 paragraph (2). 

11 SEC. 6025. INTELLIGENT TRANSPORTATION SYSTEM PUR12 POSES. 

13 Section 514(b) of title 23, United States Code, is 

14 amended— 

15 (1) in paragraph (8) by striking ‘‘and’’ at the 

16 end; 

17 (2) in paragraph (9) by striking the period at 

18 the end and inserting ‘‘; and’’; and 

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

20 ‘‘(10) to assist in the development of cybersecu21 rity standards in cooperation with relevant modal 

22 administrations of the Department of Transportation 

23 and other Federal agencies to help prevent hacking, 

24 spoofing, and disruption of connected and automated 

25 transportation vehicles.’’. 


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1 SEC. 6026. INFRASTRUCTURE INTEGRITY. 

2 Section 503(b)(3)(C) of title 23, United States Code, 

3 is amended— 

4 (1) in clause (xviii) by striking ‘‘and’’ at the 

5 end; 

6 (2) in clause (xix) by striking the period at the 

7 end and inserting ‘‘; and’’ ; and 

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

9 ‘‘(xx) corrosion prevention measures 

10 for the structural integrity of bridges.’’. 

11 TITLE VII—HAZARDOUS 

12 MATERIALS TRANSPORTATION 

13 SEC. 7001. SHORT TITLE. 

14 This title may be cited as the ‘‘Hazardous Materials 

15 Transportation Safety Improvement Act of 2015’’. 

16 SEC. 7002. AUTHORIZATION OF APPROPRIATIONS. 

17 Section 5128 of title 49, United States Code, is amend18 ed to read as follows: 

19 ‘‘§ 5128. Authorization of appropriations 

20 ‘‘(a) IN GENERAL.—There are authorized to be appro21 priated to the Secretary to carry out this chapter (except 

22 sections 5107(e), 5108(g)(2), 5113, 5115, 5116, and 5119)— 

23 ‘‘(1) $53,000,000 for fiscal year 2016; 

24 ‘‘(2) $55,000,000 for fiscal year 2017; 

25 ‘‘(3) $57,000,000 for fiscal year 2018; 

26 ‘‘(4) $58,000,000 for fiscal year 2019; 


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1 ‘‘(5) $60,000,000 for fiscal year 2020; and 

2 ‘‘(6) $62,000,000 for fiscal year 2021. 

3 ‘‘(b) HAZARDOUS MATERIALS EMERGENCY PRE4 PAREDNESS FUND.—From the Hazardous Materials Emer5 gency Preparedness Fund established under section 5116(h), 

6 the Secretary may expend, for each of fiscal years 2016 

7 through 2021— 

8 ‘‘(1) $21,988,000 to carry out section 5116(a); 

9 ‘‘(2) $150,000 to carry out section 5116(e); 

10 ‘‘(3) $625,000 to publish and distribute the 

11 Emergency Response Guidebook under section 

12 5116(h)(3); and 

13 ‘‘(4) $1,000,000 to carry out section 5116(i). 

14 ‘‘(c) HAZARDOUS MATERIALS TRAINING GRANTS.— 

15 From the Hazardous Materials Emergency Preparedness 

16 Fund established pursuant to section 5116(h), the Secretary 

17 may expend $5,000,000 for each of fiscal years 2016 

18 through 2021 to carry out section 5107(e). 

19 ‘‘(d) CREDITS TO APPROPRIATIONS.— 

20 ‘‘(1) EXPENSES.—In addition to amounts other21 wise made available to carry out this chapter, the 

22 Secretary may credit amounts received from a State, 

23 Indian tribe, or other public authority or private en24 tity for expenses the Secretary incurs in providing 


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1 training to the State, Indian tribe, authority, or enti2 ty. 

3 ‘‘(2) AVAILABILITY OF AMOUNTS.—Amounts 

4 made available under this section shall remain avail5 able until expended.’’. 

6 SEC. 7003. NATIONAL EMERGENCY AND DISASTER RE7 SPONSE. 

8 Section 5103 of title 49, United States Code, is amend9 ed— 

10 (1) by redesignating subsections (c) and (d) as 

11 subsections (d) and (e), respectively; and 

12 (2) by inserting after subsection (b) the fol13 lowing: 

14 ‘‘(c) FEDERALLY DECLARED DISASTERS AND EMER15 GENCIES.— 

16 ‘‘(1) IN GENERAL.—The Secretary may by order 

17 waive compliance with any part of an applicable 

18 standard prescribed under this chapter without prior 

19 notice and comment and on terms the Secretary con20 siders appropriate if the Secretary determines that— 

21 ‘‘(A) it is in the public interest to grant the 

22 waiver; 

23 ‘‘(B) the waiver is not inconsistent with the 

24 safety of transporting hazardous materials; and 


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1 ‘‘(C) the waiver is necessary to facilitate the 

2 safe movement of hazardous materials into, from, 

3 and within an area of a major disaster or emer4 gency that has been declared under the Robert T. 

5 Stafford Disaster Relief and Emergency Assist6 ance Act (42 U.S.C. 5121 et seq.). 

7 ‘‘(2) PERIOD OF WAIVER.—A waiver under this 

8 subsection may be issued for a period of not more 

9 than 60 days and may be renewed upon application 

10 to the Secretary only after notice and an opportunity 

11 for a hearing on the waiver. The Secretary shall im12 mediately revoke the waiver if continuation of the 

13 waiver would not be consistent with the goals and ob14 jectives of this chapter. 

15 ‘‘(3) STATEMENT OF REASONS.—The Secretary 

16 shall include in any order issued under this section 

17 the reason for granting the waiver.’’. 

18 SEC. 7004. ENHANCED REPORTING. 

19 Section 5121(h) of title 49, United States Code, is 

20 amended by striking ‘‘transmit to the Committee on Trans21 portation and Infrastructure of the House of Representa22 tives and the Committee on Commerce, Science, and Trans23 portation of the Senate’’ and inserting ‘‘make available to 

24 the public on the Department of Transportation’s Internet 

25 Web site’’. 


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1 SEC. 7005. WETLINES. 

2 (a) WITHDRAWAL.—Not later than 30 days after the 

3 date of enactment of this Act, the Secretary shall withdraw 

4 the proposed rule described in the notice of proposed rule5 making issued on January 27, 2011, entitled ‘‘Safety Re6 quirements for External Product Piping on Cargo Tanks 

7 Transporting Flammable Liquids’’ (76 Fed. Reg. 4847). 

8 (b) SAVINGS CLAUSE.—Nothing in this section shall 

9 prohibit the Secretary from issuing standards or regula10 tions regarding the safety of external product piping on 

11 cargo tanks transporting flammable liquids after the with12 drawal is carried out pursuant to subsection (a). 

13 SEC. 7006. IMPROVING PUBLICATION OF SPECIAL PERMITS 

14 AND APPROVALS. 

15 Section 5117 of title 49, United States Code, is amend16 ed— 

17 (1) in subsection (b)— 

18 (A) by striking ‘‘an application for a spe19 cial permit’’ and inserting ‘‘an application for a 

20 new special permit or a modification to an exist21 ing special permit’’; and 

22 (B) by inserting after the first sentence the 

23 following: ‘‘The Secretary shall make available to 

24 the public on the Department of Transportation’s 

25 Internet Web site any special permit other than 

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1 isting special permit and shall give the public an 

2 opportunity to inspect the safety analysis and 

3 comment on the application for a period of not 

4 more than 15 days.’’; and 

5 (2) in subsection (c)— 

6 (A) by striking ‘‘publish’’ and inserting 

7 ‘‘make available to the public’’; 

8 (B) by striking ‘‘in the Federal Register’’; 

9 (C) by striking ‘‘180’’ and inserting ‘‘120’’; 

10 and 

11 (D) by striking ‘‘the special permit’’ each 

12 place it appears and inserting ‘‘a special permit 

13 or approval’’; and 

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

15 ‘‘(g) DISCLOSURE OF FINAL ACTION.—The Secretary 

16 shall periodically, but at least every 120 days— 

17 ‘‘(1) publish in the Federal Register notice of the 

18 final disposition of each application for a new special 

19 permit, modification to an existing special permit, or 

20 approval during the preceding quarter; and 

21 ‘‘(2) make available to the public on the Depart22 ment of Transportation’s Internet Web site notice of 

23 the final disposition of any other special permit dur24 ing the preceding quarter.’’. 


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1 SEC. 7007. GAO STUDY ON ACCEPTANCE OF CLASSIFICA2 TION EXAMINATIONS. 

3 (a) IN GENERAL.—Not later than 120 days after the 

4 date of enactment of this Act, the Comptroller General of 

5 the United States shall evaluate and transmit to the Sec6 retary, the Committee on Transportation and Infrastruc7 ture of the House of Representatives, and the Committee 

8 on Commerce, Science, and Transportation of the Senate, 

9 a report on the standards, metrics, and protocols that the 

10 Secretary uses to regulate the performance of persons ap11 proved to recommend hazard classifications pursuant to sec12 tion 173.56(b) of title, 49, Code of Federal Regulations 

13 (commonly referred to as ‘‘third-party labs’’). 

14 (b) EVALUATION.—The evaluation required under sub15 section (a) shall— 

16 (1) identify what standards and protocols are 

17 used to approve such persons, assess the adequacy of 

18 such standards and protocols to ensure that persons 

19 seeking approval are qualified and capable of per20 forming classifications, and make recommendations to 

21 address any deficiencies identified; 

22 (2) assess the adequacy of the Secretary’s over23 sight of persons approved to perform the classifica24 tions, including the qualification of individuals en25 gaged in the oversight of approved persons, and make 


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1 recommendations to enhance oversight sufficiently to 

2 ensure that classifications are issued as required; 

3 (3) identify what standards and protocols exist 

4 to rescind, suspend, or deny approval of persons who 

5 perform such classifications, assess the adequacy of 

6 such standards and protocols, and make recommenda7 tions to enhance such standards and protocols if nec8 essary; and 

9 (4) include annual data for fiscal years 2005 

10 through 2015 on the number of applications received 

11 for new classifications pursuant to section 173.56(b) 

12 of title 49, Code of Federal Regulations, of those ap13 plications how many classifications recommended by 

14 persons approved by the Secretary were changed to 

15 another classification and the reasons for the change, 

16 and how many hazardous materials incidents have 

17 been attributed to a classification recommended by 

18 such approved persons in the United States. 

19 (c) ACTION PLAN.—Not later than 120 days after re20 ceiving the report required under subsection (a), the Sec21 retary shall make available to the public a plan describing 

22 any actions the Secretary will take to establish standards, 

23 metrics, and protocols based on the findings and rec24 ommendations in the report to ensure that persons approved 

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1 tion 173.56(b) of title 49, Code of Federal Regulations, can 

2 sufficiently perform such examinations in a manner that 

3 meets the hazardous materials regulations. 

4 (d) REGULATIONS.—If the report required under sub5 section (a) recommends new regulations in order for the 

6 Secretary to have confidence in the accuracy of classifica7 tion recommendations rendered by persons approved to per8 form classification examinations required under section 

9 173.56(b) of title 49, Code of Federal Regulations, the Sec10 retary shall issue such regulations not later than 24 months 

11 after the date of enactment of this Act. 

12 SEC. 7008. IMPROVING THE EFFECTIVENESS OF PLANNING 

13 AND TRAINING GRANTS. 

14 (a) PLANNING AND TRAINING GRANTS.—Section 5116 

15 of title 49, United States Code, is amended— 

16 (1) by redesignating subsections (c) through (k) 

17 as subsections (b) through (j), respectively, 

18 (2) by striking subsection (b); and 

19 (3) by striking subsection (a) and inserting the 

20 following: 

21 ‘‘(a) PLANNING AND TRAINING GRANTS.—(1) The Sec22 retary shall make grants to States and Indian tribes— 

23 ‘‘(A) to develop, improve, and carry out emer24 gency plans under the Emergency Planning and 

25 Community Right-To-Know Act of 1986 (42 U.S.C. 


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1 11001 et seq.), including ascertaining flow patterns of 

2 hazardous material on lands under the jurisdiction of 

3 a State or Indian tribe, and between lands under the 

4 jurisdiction of a State or Indian tribe and lands of 

5 another State or Indian tribe; 

6 ‘‘(B) to decide on the need for regional hazardous 

7 material emergency response teams; and 

8 ‘‘(C) to train public sector employees to respond 

9 to accidents and incidents involving hazardous mate10 rial. 

11 ‘‘(2) To the extent that a grant is used to train emer12 gency responders under paragraph (1)(C), the State or In13 dian tribe shall provide written certification to the Sec14 retary that the emergency responders who receive training 

15 under the grant will have the ability to protect nearby per16 sons, property, and the environment from the effects of acci17 dents or incidents involving the transportation of hazardous 

18 material in accordance with existing regulations or Na19 tional Fire Protection Association standards for competence 

20 of responders to accidents and incidents involving haz21 ardous materials. 

22 ‘‘(3) The Secretary may make a grant to a State or 

23 Indian tribe under paragraph (1) of this subsection only 

24 if— 


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1 ‘‘(A) the State or Indian tribe certifies that the 

2 total amount the State or Indian tribe expends (ex3 cept amounts of the Federal Government) for the pur4 pose of the grant will at least equal the average level 

5 of expenditure for the last 5 years; and 

6 ‘‘(B) any emergency response training provided 

7 under the grant shall consist of— 

8 ‘‘(i) a course developed or identified under 

9 section 5115 of this title; or 

10 ‘‘(ii) any other course the Secretary deter11 mines is consistent with the objectives of this sec12 tion. 

13 ‘‘(4) A State or Indian tribe receiving a grant under 

14 this subsection shall ensure that planning and emergency 

15 response training under the grant is coordinated with adja16 cent States and Indian tribes. 

17 ‘‘(5) A training grant under paragraph (1)(C) may 

18 be used— 

19 ‘‘(A) to pay— 

20 ‘‘(i) the tuition costs of public sector em21 ployees being trained; 

22 ‘‘(ii) travel expenses of those employees to 

23 and from the training facility; 

24 ‘‘(iii) room and board of those employees 

25 when at the training facility; and 


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1 ‘‘(iv) travel expenses of individuals pro2 viding the training; 

3 ‘‘(B) by the State, political subdivision, or In4 dian tribe to provide the training; and 

5 ‘‘(C) to make an agreement with a person (in6 cluding an authority of a State, a political subdivi7 sion of a State or Indian tribe, or a local jurisdic8 tion), subject to approval by the Secretary, to provide 

9 the training— 

10 ‘‘(i) if the agreement allows the Secretary 

11 and the State or Indian tribe to conduct random 

12 examinations, inspections, and audits of the 

13 training without prior notice; 

14 ‘‘(ii) the person agrees to have an auditable 

15 accounting system; and 

16 ‘‘(iii) if the State or Indian tribe conducts 

17 at least one on-site observation of the training 

18 each year. 

19 ‘‘(6) The Secretary shall allocate amounts made avail20 able for grants under this subsection among eligible States 

21 and Indian tribes based on the needs of the States and In22 dian tribes for emergency response training. In making a 

23 decision about those needs, the Secretary shall consider— 


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1 ‘‘(A) the number of hazardous material facilities 

2 in the State or on land under the jurisdiction of the 

3 Indian tribe; 

4 ‘‘(B) the types and amounts of hazardous mate5 rial transported in the State or on such land; 

6 ‘‘(C) whether the State or Indian tribe imposes 

7 and collects a fee on transporting hazardous material; 

8 ‘‘(D) whether such fee is used only to carry out 

9 a purpose related to transporting hazardous material; 

10 ‘‘(E) the past record of the State or Indian tribe 

11 in effectively managing planning and training 

12 grants; and 

13 ‘‘(F) any other factors the Secretary determines 

14 are appropriate to carry out this subsection.’’. 

15 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

16 (1) Section 5108(g) of title 49, United States 

17 Code, is amended by striking ‘‘5116(i)’’ each place it 

18 appears and inserting ‘‘5116(h)’’. 

19 (2) Section 5116 of such title is amended— 

20 (A) in subsection (d), as redesignated by 

21 this section, by striking ‘‘subsections (a)(2)(A) 

22 and (b)(2)(A)’’ and inserting ‘‘subsection 

23 (a)(3)(A)’’; 

24 (B) in subsection (h), as redesignated by 

25 this section— 


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1 (i) in paragraph (1) by inserting ‘‘and 

2 section 5107(e)’’ after ‘‘section’’; 

3 (ii) in paragraph (2) by striking ‘‘(f)’’ 

4 and inserting ‘‘(e)’’; and 

5 (iii) in paragraph (4) by striking 

6 ‘‘5108(g)(2) and 5115’’ and inserting 

7 ‘‘5107(e) and 5108(g)(2)’’; 

8 (C) in subsection (i), as redesignated by this 

9 section, by striking ‘‘subsection (b)’’ and insert10 ing ‘‘subsection (a)’’; and 

11 (D) in subsection (j), as redesignated by 

12 this section— 

13 (i) by striking ‘‘planning grants allo14 cated under subsection (a), training grants 

15 under subsection (b), and grants under sub16 section (j)’’ and inserting ‘‘planning and 

17 training grants under subsection (a) and 

18 grants under subsection (i)’’; and 

19 (ii) by redesignating subparagraphs 

20 (A) through (D) as paragraphs (1) through 

21 (4), respectively. 

22 (c) ENFORCEMENT PERSONNEL.—Section 5107(e) of 

23 title 49, United States Code, is amended by inserting ‘‘, 

24 State and local personnel responsible for enforcing the safe 


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1 transportation of hazardous materials, or both’’ after 

2 ‘‘hazmat employees’’ each place it appears. 

3 SEC. 7009. MOTOR CARRIER SAFETY PERMITS. 

4 Section 5109(h) of title 49, United States Code, is 

5 amended to read as follows: 

6 ‘‘(h) LIMITATION ON DENIAL.—The Secretary may not 

7 deny a non-temporary permit held by a motor carrier pur8 suant to this section based on a comprehensive review of 

9 that carrier triggered by safety management system scores 

10 or out-of-service disqualification standards, unless— 

11 ‘‘(1) the carrier has the opportunity, prior to the 

12 denial of such permit, to submit a written description 

13 of corrective actions taken and other documentation 

14 the carrier wishes the Secretary to consider, including 

15 a corrective action plan; and 

16 ‘‘(2) the Secretary determines the actions or plan 

17 is insufficient to address the safety concerns identified 

18 during the course of the comprehensive review.’’. 

19 SEC. 7010. THERMAL BLANKETS. 

20 (a) REQUIREMENTS.—Not later than 180 days after 

21 the date of enactment of this Act, the Secretary shall issue 

22 such regulations as are necessary to require that each tank 

23 car built to meet the DOT–117 specification and each non24 jacketed tank car modified to meet the DOT–117R specifica25 tion be equipped with an insulating blanket with at least 


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1 1 ⁄2-inch-thick material that has been approved by the Sec2 retary pursuant to section 179.18(c) of title 49, Code of Fed3 eral Regulations. 

4 (b) SAVINGS CLAUSE.—Nothing in this section shall 

5 prohibit the Secretary from approving new or alternative 

6 technologies or materials as they become available that pro7 vide a level of safety at least equivalent to the level of safety 

8 provided for under subsection (a). 

9 SEC. 7011. COMPREHENSIVE OIL SPILL RESPONSE PLANS. 

10 (a) IN GENERAL.—Chapter 51 of title 49, United 

11 States Code, is amended by inserting after section 5110 the 

12 following: 

13 ‘‘§ 5111. Comprehensive oil spill response plans 

14 ‘‘(a) REQUIREMENTS.—Not later than 120 days after 

15 the date of enactment of this section, the Secretary shall 

16 issue such regulations as are necessary to require any rail17 road carrier transporting a Class 3 flammable liquid to 

18 maintain a comprehensive oil spill response plan. 

19 ‘‘(b) CONTENTS.—The regulations under subsection (a) 

20 shall require each railroad carrier described in that sub21 section to— 

22 ‘‘(1) include in the comprehensive oil spill re23 sponse plan procedures and resources, including 

24 equipment, for responding, to the maximum extent 

25 practicable, to a worst-case discharge; 


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1 ‘‘(2) ensure that the comprehensive oil spill re2 sponse plan is consistent with the National Contin3 gency Plan and each applicable Area Contingency 

4 Plan; 

5 ‘‘(3) include in the comprehensive oil spill re6 sponse plan appropriate notification and training 

7 procedures and procedures for coordinating with Fed8 eral, State, and local emergency responders; 

9 ‘‘(4) review and update its comprehensive oil 

10 spill response plan as appropriate; and 

11 ‘‘(5) provide the comprehensive oil spill response 

12 plan for acceptance by the Secretary. 

13 ‘‘(c) SAVINGS CLAUSE.—Nothing in the section may 

14 be construed to prohibit the Secretary from promulgating 

15 differing comprehensive oil response plan standards for 

16 Class I railroads, Class II railroads, and Class III rail17 roads. 

18 ‘‘(d) RESPONSE PLANS.—The Secretary shall— 

19 ‘‘(1) maintain on file a copy of the most recent 

20 comprehensive oil spill response plans prepared by a 

21 railroad carrier transporting a Class 3 flammable liq22 uid; and 

23 ‘‘(2) provide to a person, upon written request, 

24 a copy of the plan, which may exclude, as the Sec25 retary determines appropriate— 


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1 ‘‘(A) proprietary information; 

2 ‘‘(B) security-sensitive information, includ3 ing information described in section 1520.5(a) of 

4 title 49, Code of Federal Regulations; 

5 ‘‘(C) specific response resources and tactical 

6 resource deployment plans; and 

7 ‘‘(D) the specific amount and location of 

8 worst-case discharges, including the process by 

9 which a railroad carrier determines the worst10 case discharge. 

11 ‘‘(e) RELATIONSHIP TO FOIA.—Nothing in this sec12 tion may be construed to require disclose of information or 

13 records that are exempt from disclosure under section 552 

14 of title 5. 

15 ‘‘(f) DEFINITIONS.— 

16 ‘‘(1) AREA CONTINGENCY PLAN.—The term ‘Area 

17 Contingency Plan’ has the meaning given the term in 

18 section 311(a) of the Federal Water Pollution Control 

19 Act (33 U.S.C. 1321(a)). 

20 ‘‘(2) CLASS 3 FLAMMABLE LIQUID.—The term 

21 ‘Class 3 flammable liquid’ has the meaning given the 

22 term flammable liquid in section 173.120 of title 49, 

23 Code of Federal Regulations. 

24 ‘‘(3) CLASS I RAILROAD; CLASS II RAILROAD; 

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1 road’, ‘Class II railroad’, and ‘Class III railroad’ 

2 have the meaning given those terms in section 20102. 

3 ‘‘(4) NATIONAL CONTINGENCY PLAN.—The term 

4 ‘National Contingency Plan’ has the meaning given 

5 the term in section 1001 of the Oil Pollution Act of 

6 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 section.’’. 

15 (b) CLERICAL AMENDMENT.—The analysis for chapter 

16 51 of title 49, United States Code, is amended by inserting 

17 after the item relating to section 5110 the following: 

‘‘5111. Comprehensive oil spill response plans.’’. 

18 SEC. 7012. INFORMATION ON HIGH-HAZARD FLAMMABLE 

19 TRAINS. 

20 (a) INFORMATION ON HIGH-HAZARD FLAMMABLE

21 TRAINS.—Not later than 90 days after the date of enact22 ment of this Act, the Secretary shall issue regulations to 

23 require each applicable railroad carrier to provide informa24 tion on high-hazard flammable trains to State emergency 

25 response commissions consistent with Emergency Order 


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1 Docket No. DOT–OST–2014–0067, and include appro2 priate protections from public release of proprietary infor3 mation and security-sensitive information, including infor4 mation described in section 1520.5(a) of title 49, Code of 

5 Federal Regulations. 

6 (b) HIGH-HAZARD FLAMMABLE TRAIN.—The term 

7 ‘‘high-hazard flammable train’’ means a single train trans8 porting 20 or more tank cars loaded with a Class 3 flam9 mable liquid, as such term is defined in section 173.120 

10 of title 49, Code of Federal Regulations, in a continuous 

11 block or a single train transporting 35 or more tank cars 

12 loaded with a Class 3 flammable liquid throughout the train 

13 consist. 

14 SEC. 7013. STUDY AND TESTING OF ELECTRONICALLY CON15 TROLLED PNEUMATIC BRAKES. 

16 (a) GOVERNMENT ACCOUNTABILITY OFFICE STUDY.— 

17 (1) IN GENERAL.—The Comptroller General of 

18 the United States shall conduct an independent eval19 uation of ECP brake systems, pilot program data, 

20 and the Department’s research and analysis on the 

21 costs, benefits, and effects of ECP brake systems. 

22 (2) STUDY ELEMENTS.—In completing the inde23 pendent evaluation under paragraph (1), the Comp24 troller General of the United States shall examine the 

25 following issues related to ECP brake systems: 


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1 (A) Data and modeling results on safety 

2 benefits relative to conventional brakes and to 

3 other braking technologies or systems, such as 

4 distributed power and 2-way end-of-train de5 vices. 

6 (B) Data and modeling results on business 

7 benefits, including the effects of dynamic brak8 ing. 

9 (C) Data on costs, including up-front cap10 ital costs and on-going maintenance costs. 

11 (D) Analysis of potential operational bene12 fits and challenges, including the effects of poten13 tial locomotive and car segregation, technical re14 liability issues, and network disruptions. 

15 (E) Analysis of potential implementation 

16 challenges, including installation time, positive 

17 train control integration complexities, compo18 nent availability issues, and tank car shop capa19 bilities. 

20 (F) Analysis of international experiences 

21 with the use of advanced braking technologies. 

22 (3) REPORT.—Not later than 18 months after the 

23 date of enactment of this Act, the Comptroller General 

24 of the United States shall transmit to the Committee 

25 on Transportation and Infrastructure of the House of 


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1 Representatives and the Committee on Commerce, 

2 Science, and Transportation of the Senate a report on 

3 the results of the independent evaluation under para4 graph (1). 

5 (b) EMERGENCY BRAKING APPLICATION TESTING.— 

6 (1) IN GENERAL.—The Secretary shall enter into 

7 an agreement with the National Academy of Sciences 

8 to— 

9 (A) complete testing of ECP brake systems 

10 during emergency braking application, including 

11 more than 1 scenario involving the uncoupling of 

12 a train with 70 or more DOT–117-specification 

13 or DOT–117R-specification tank cars; and 

14 (B) transmit, not later than 18 months 

15 after the date of enactment of this Act, to the 

16 Committee on Transportation and Infrastructure 

17 of the House of Representatives and the Com18 mittee on Commerce, Science, and Transpor19 tation of the Senate a report on the results of the 

20 testing. 

21 (2) INDEPENDENT EXPERTS.—In completing the 

22 testing under paragraph (1)(A), the National Acad23 emy of Sciences may contract with 1 or more engi24 neering or rail experts, as appropriate, that— 


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1 (A) are not railroad carriers, entities fund2 ed by such carriers, or entities directly impacted 

3 by the final rule issued on May 8, 2015, entitled 

4 ‘‘Enhanced Tank Car Standards and Oper5 ational Controls for High-Hazard Flammable 

6 Trains’’ (80 Fed. Reg. 26643); and 

7 (B) have relevant experience in conducting 

8 railroad safety technology tests or similar crash 

9 tests. 

10 (3) TESTING FRAMEWORK.—In completing the 

11 testing under paragraph (1), the National Academy of 

12 Sciences and each contractor described in paragraph 

13 (2) shall ensure that the testing objectively, accu14 rately, and reliably measures the performance of ECP 

15 brake systems relative to other braking technologies or 

16 systems, such as distributed power and 2-way end-of17 train devices, including differences in— 

18 (A) the number of cars derailed; 

19 (B) the number of cars punctured; 

20 (C) the measures of in-train forces; and 

21 (D) the stopping distance. 

22 (4) FUNDING.—The Secretary shall provide 

23 funding, as part of the agreement under paragraph 

24 (1), to the National Academy of Sciences for the test25 ing required under this section— 


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1 (A) using sums made available to carry out 

2 sections 20108 and 5118 of title 49, United 

3 States Code; and 

4 (B) to the extent funding under subpara5 graph (A) is insufficient or unavailable to fund 

6 the testing required under this section, using 

7 such sums as are necessary from the amounts 

8 appropriated to the Secretary, the Federal Rail9 road Administration, or the Pipeline and Haz10 ardous Materials Safety Administration, or a 

11 combination thereof. 

12 (5) EQUIPMENT.—The National Academy of 

13 Sciences and each contractor described in paragraph 

14 (2) may receive or use rolling stock, track, and other 

15 equipment or infrastructure from a private entity for 

16 the purposes of conducting the testing required under 

17 this section. 

18 (c) EVIDENCE-BASED APPROACH.— 

19 (1) ANALYSIS.—The Secretary shall— 

20 (A) not later than 90 days after the report 

21 date, fully incorporate and update the regulatory 

22 impact analysis of the final rule described in 

23 subsection (b)(2)(A) of the costs, benefits, and ef24 fects of the applicable ECP brake system require25 ments; 


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1 (B) as soon as practicable after completion 

2 of the updated analysis under subparagraph (A), 

3 solicit public comment on the analysis for a pe4 riod of not more than 30 days; and 

5 (C) not later than 60 days after the end of 

6 the public comment period under subparagraph 

7 (B), post the final updated regulatory impact 

8 analysis on the Department of Transportation’s 

9 Internet Web site. 

10 (2) DETERMINATION.—Not later than 180 days 

11 after the report date, the Secretary shall— 

12 (A) determine, based on whether the final 

13 regulatory impact analysis described in para14 graph (1)(C) demonstrates that the benefits, in15 cluding safety benefits, of the applicable ECP 

16 brake system requirements exceed the costs of 

17 such requirements, whether the applicable ECP 

18 brake system requirements are justified; 

19 (B) if the applicable ECP brake system re20 quirements are justified, publish in the Federal 

21 Register the determination and reasons for such 

22 determination; and 

23 (C) if the Secretary does not publish the de24 termination under subparagraph (B), repeal the 

25 applicable ECP brake system requirements. 


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1 (3) SAVINGS CLAUSE.—Nothing in this section 

2 shall be construed to prohibit the Secretary from im3 plementing the final rule described under subsection 

4 (b)(2)(A) prior to the determination required under 

5 subsection (c)(2) of this section, or require the Sec6 retary to promulgate a new rulemaking on the provi7 sions of such final rule, other than the applicable 

8 ECP brake system requirements, if the Secretary de9 termines that the applicable ECP brake system re10 quirements are not justified pursuant to this sub11 section. 

12 (d) DEFINITIONS.—In this section, the following defi13 nitions apply: 

14 (1) APPLICABLE ECP BRAKE SYSTEM REQUIRE15 MENTS.—The term ‘‘applicable ECP brake system re16 quirements’’ means sections 174.310(a)(3)(ii), 

17 174.310(a)(3)(iii), 174.310(a)(5)(v), 179.202–12(g), 

18 and 179.202–13(i) of title 49, Code of Federal Regula19 tions, and any other regulation in effect on the date 

20 of enactment of this Act requiring the installation of 

21 ECP brakes or operation in ECP brake mode. 

22 (2) CLASS 3 FLAMMABLE LIQUID.—The term 

23 ‘‘Class 3 flammable liquid’’ has the meaning given the 

24 term flammable liquid in section 173.120(a) of title 

25 49, Code of Federal Regulations. 


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1 (3) ECP.—The term ‘‘ECP’’ means electroni2 cally controlled pneumatic when applied to a brake or 

3 brakes. 

4 (4) ECP BRAKE MODE.—The term ‘‘ECP brake 

5 mode’’ includes any operation of a rail car or an en6 tire train using an ECP brake system. 

7 (5) ECP BRAKE SYSTEM.— 

8 (A) IN GENERAL.—The term ‘‘ECP brake 

9 system’’ means a train power braking system ac10 tuated by compressed air and controlled by elec11 tronic signals from the locomotive or an ECP– 

12 EOT to the cars in the consist for service and 

13 emergency applications in which the brake pipe 

14 is used to provide a constant supply of com15 pressed air to the reservoirs on each car but does 

16 not convey braking signals to the car. 

17 (B) INCLUSIONS.—The term ‘‘ECP brake 

18 system’’ includes dual mode and stand-alone 

19 ECP brake systems. 

20 (6) RAILROAD CARRIER.—The term ‘‘railroad 

21 carrier’’ has the meaning given the term in section 

22 20102 of title 49, United States Code. 

23 (7) REPORT DATE.—The term ‘‘report date’’ 

24 means the date that the reports under subsections 


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1 (a)(3) and (b)(1)(B) are required to be transmitted 

2 pursuant to those subsections. 

3 SEC. 7014. ENSURING SAFE IMPLEMENTATION OF POSITIVE 

4 TRAIN CONTROL SYSTEMS. 

5 (a) SHORT TITLE.—This section may be cited as the 

6 ‘‘Positive Train Control Enforcement and Implementation 

7 Act of 2015’’. 

8 (b) IN GENERAL.—Section 20157 of title 49, United 

9 States Code, is amended— 

10 (1) in subsection (a)(1)— 

11 (A) by striking ‘‘18 months after the date of 

12 enactment of the Rail Safety Improvement Act of 

13 2008’’ and inserting ‘‘90 days after the date of 

14 enactment of the Positive Train Control Enforce15 ment and Implementation Act of 2015’’; 

16 (B) by striking ‘‘develop and’’; 

17 (C) by striking ‘‘a plan for implementing’’ 

18 and inserting ‘‘a revised plan for imple19 menting’’; 

20 (D) by striking ‘‘December 31, 2015’’ and 

21 inserting ‘‘December 31, 2018’’; and 

22 (E) in subparagraph (B) by striking 

23 ‘‘parts’’ and inserting ‘‘sections’’; 

24 (2) by striking subsection (a)(2) and inserting 

25 the following: 


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1 ‘‘(2) IMPLEMENTATION.— 

2 ‘‘(A) CONTENTS OF REVISED PLAN.—A re3 vised plan required under paragraph (1) shall— 

4 ‘‘(i) describe— 

5 ‘‘(I) how the positive train control 

6 system will provide for interoperability 

7 of the system with the movements of 

8 trains of other railroad carriers over 

9 its lines; and 

10 ‘‘(II) how, to the extent practical, 

11 the positive train control system will 

12 be implemented in a manner that ad13 dresses areas of greater risk before 

14 areas of lesser risk; 

15 ‘‘(ii) comply with the positive train 

16 control system implementation plan content 

17 requirements under section 236.1011 of title 

18 49, Code of Federal Regulations; and 

19 ‘‘(iii) provide— 

20 ‘‘(I) the calendar year or years in 

21 which spectrum will be acquired and 

22 will be available for use in each area 

23 as needed for positive train control sys24 tem implementation, if such spectrum 


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1 is not already acquired and available 

2 for use; 

3 ‘‘(II) the total amount of positive 

4 train control system hardware that 

5 will be installed for implementation, 

6 with totals separated by each major 

7 hardware category; 

8 ‘‘(III) the total amount of positive 

9 train control system hardware that 

10 will be installed by the end of each cal11 endar year until the positive train con12 trol system is implemented, with totals 

13 separated by each hardware category; 

14 ‘‘(IV) the total number of employ15 ees required to receive training under 

16 the applicable positive train control 

17 system regulations; 

18 ‘‘(V) the total number of employ19 ees that will receive the training, as re20 quired under the applicable positive 

21 train control system regulations, by the 

22 end of each calendar year until the 

23 positive train control system is imple24 mented; 


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1 ‘‘(VI) a summary of any remain2 ing technical, programmatic, oper3 ational, or other challenges to the im4 plementation of a positive train control 

5 system, including challenges with— 

6 ‘‘(aa) availability of public 

7 funding; 

8 ‘‘(bb) interoperability; 

9 ‘‘(cc) spectrum; 

10 ‘‘(dd) software; 

11 ‘‘(ee) permitting; and 

12 ‘‘(ff) testing, demonstration, 

13 and certification; and 

14 ‘‘(VII) a schedule and sequence for 

15 implementing a positive train control 

16 system by the deadline established 

17 under paragraph (1). 

18 ‘‘(B) ALTERNATIVE SCHEDULE AND SE19 QUENCE.—Notwithstanding the implementation 

20 deadline under paragraph (1) and in lieu of a 

21 schedule and sequence under paragraph 

22 (2)(A)(iii)(VII), a railroad carrier or other enti23 ty subject to paragraph (1) may include in its 

24 revised plan an alternative schedule and se25 quence for implementing a positive train control 


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1 system, subject to review under paragraph (3). 

2 Such schedule and sequence shall provide for im3 plementation of a positive train control system 

4 as soon as practicable, but not later than the 

5 date that is 24 months after the implementation 

6 deadline under paragraph (1). 

7 ‘‘(C) AMENDMENTS.—A railroad carrier or 

8 other entity subject to paragraph (1) may file a 

9 request to amend a revised plan, including any 

10 alternative schedule and sequence, as applicable, 

11 in accordance with section 236.1021 of title 49, 

12 Code of Federal Regulations. 

13 ‘‘(D) COMPLIANCE.—A railroad carrier or 

14 other entity subject to paragraph (1) shall imple15 ment a positive train control system in accord16 ance with its revised plan, including any 

17 amendments or any alternative schedule and se18 quence approved by the Secretary under para19 graph (3). 

20 ‘‘(3) SECRETARIAL REVIEW.— 

21 ‘‘(A) NOTIFICATION.—A railroad carrier or 

22 other entity that submits a revised plan under 

23 paragraph (1) and proposes an alternative 

24 schedule and sequence under paragraph (2)(B) 

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1 tion when such railroad carrier or other entity 

2 is prepared for review under subparagraph (B). 

3 ‘‘(B) CRITERIA.—Not later than 90 days 

4 after a railroad carrier or other entity submits 

5 a notification under subparagraph (A), the Sec6 retary shall review the alternative schedule and 

7 sequence submitted pursuant to paragraph 

8 (2)(B) and determine whether the railroad car9 rier or other entity has demonstrated, to the sat10 isfaction of the Secretary, that such carrier or 

11 entity has— 

12 ‘‘(i) installed all positive train control 

13 system hardware consistent with the plan 

14 contents provided pursuant to paragraph 

15 (2)(A)(iii)(II) on or before the implementa16 tion deadline under paragraph (1); 

17 ‘‘(ii) acquired all spectrum necessary 

18 for implementation of a positive train con19 trol system, consistent with the plan con20 tents provided pursuant to paragraph 

21 (2)(A)(iii)(I) on or before the implementa22 tion deadline under paragraph (1); 

23 ‘‘(iii) completed employee training re24 quired under the applicable positive train 

25 control system regulations; 


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1 ‘‘(iv) included in its revised plan an 

2 alternative schedule and sequence for imple3 menting a positive train control system as 

4 soon as practicable, pursuant to paragraph 

5 (2)(B); 

6 ‘‘(v) certified to the Secretary in writ7 ing that it will be in full compliance with 

8 the requirements of this section on or before 

9 the date provided in an alternative schedule 

10 and sequence, subject to approval by the 

11 Secretary; 

12 ‘‘(vi) in the case of a Class I railroad 

13 carrier and Amtrak, implemented a positive 

14 train control system or initiated revenue 

15 service demonstration on the majority of 

16 territories, such as subdivisions or districts, 

17 or route miles that are owned or controlled 

18 by such carrier and required to have oper19 ations governed by a positive train control 

20 system; and 

21 ‘‘(vii) in the case of any other railroad 

22 carrier or other entity not subject to clause 

23 (vi)— 

24 ‘‘(I) initiated revenue service dem25 onstration on at least 1 territory that 


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1 is required to have operations governed 

2 by a positive train control system; or 

3 ‘‘(II) met any other criteria estab4 lished by the Secretary. 

5 ‘‘(C) DECISION.— 

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

7 days after the receipt of the notification 

8 from a railroad carrier or other entity 

9 under subparagraph (A), the Secretary 

10 shall— 

11 ‘‘(I) approve an alternative sched12 ule and sequence submitted pursuant 

13 to paragraph (2)(B) if the railroad 

14 carrier or other entity meets the cri15 teria in subparagraph (B); and 

16 ‘‘(II) notify in writing the rail17 road carrier or other entity of the deci18 sion. 

19 ‘‘(ii) DEFICIENCIES.—Not later than 

20 45 days after the receipt of the notification 

21 under subparagraph (A), the Secretary shall 

22 provide to the railroad carrier or other enti23 ty a written notification of any deficiencies 

24 that would prevent approval under clause 

25 (i) and provide the railroad carrier or other 


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1 entity an opportunity to correct deficiencies 

2 before the date specified in such clause. 

3 ‘‘(D) REVISED DEADLINES.— 

4 ‘‘(i) PENDING REVIEWS.—For a rail5 road carrier or other entity that submits a 

6 notification under subparagraph (A), the 

7 deadline for implementation of a positive 

8 train control system required under para9 graph (1) shall be extended until the date 

10 on which the Secretary approves or dis11 approves the alternative schedule and se12 quence, if such date is later than the imple13 mentation date under paragraph (1). 

14 ‘‘(ii) ALTERNATIVE SCHEDULE AND SE15 QUENCE DEADLINE.—If the Secretary ap16 proves a railroad carrier or other entity’s 

17 alternative schedule and sequence under 

18 subparagraph (C)(i), the railroad carrier or 

19 other entity’s deadline for implementation 

20 of a positive train control system required 

21 under paragraph (1) shall be the date speci22 fied in that railroad carrier or other enti23 ty’s alternative schedule and sequence. The 

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1 plementation that is later than 24 months 

2 from the deadline in paragraph (1).’’; 

3 (3) by striking subsections (c), (d), and (e) and 

4 inserting the following: 

5 ‘‘(c) PROGRESS REPORTS AND REVIEW.— 

6 ‘‘(1) PROGRESS REPORTS.—Each railroad car7 rier or other entity subject to subsection (a) shall, not 

8 later than March 31, 2016, and annually thereafter 

9 until such carrier or entity has completed implemen10 tation of a positive train control system, submit to 

11 the Secretary a report on the progress toward imple12 menting such systems, including— 

13 ‘‘(A) the information on spectrum acquisi14 tion provided pursuant to subsection 

15 (a)(2)(A)(iii)(I); 

16 ‘‘(B) the totals provided pursuant to sub17 clauses (III) and (V) of subsection (a)(2)(A)(iii), 

18 by territory, if applicable; 

19 ‘‘(C) the extent to which the railroad carrier 

20 or other entity is complying with the implemen21 tation schedule under subsection 

22 (a)(2)(A)(iii)(VII) or subsection (a)(2)(B); 

23 ‘‘(D) any update to the information pro24 vided under subsection (a)(2)(A)(iii)(VI); 


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1 ‘‘(E) for each entity providing regularly 

2 scheduled intercity or commuter rail passenger 

3 transportation, a description of the resources 

4 identified and allocated to implement a positive 

5 train control system; 

6 ‘‘(F) for each railroad carrier or other enti7 ty subject to subsection (a), the total number of 

8 route miles on which a positive train control sys9 tem has been initiated for revenue service dem10 onstration or implemented, as compared to the 

11 total number of route miles required to have a 

12 positive train control system under subsection 

13 (a); and 

14 ‘‘(G) any other information requested by the 

15 Secretary. 

16 ‘‘(2) PLAN REVIEW.—The Secretary shall at least 

17 annually conduct reviews to ensure that railroad car18 riers or other entities are complying with the revised 

19 plan submitted under subsection (a), including any 

20 amendments or any alternative schedule and sequence 

21 approved by the Secretary. Such railroad carriers or 

22 other entities shall provide such information as the 

23 Secretary determines necessary to adequately conduct 

24 such reviews. 


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1 ‘‘(3) PUBLIC AVAILABILITY.—Not later than 60 

2 days after receipt, the Secretary shall make available 

3 to the public on the Internet Web site of the Depart4 ment of Transportation any report submitted pursu5 ant to paragraph (1) or subsection (d), but may ex6 clude, as the Secretary determines appropriate— 

7 ‘‘(A) proprietary information; and 

8 ‘‘(B) security-sensitive information, includ9 ing information described in section 1520.5(a) of 

10 title 49, Code of Federal Regulations. 

11 ‘‘(d) REPORT TO CONGRESS.—Not later than July 1, 

12 2018, the Secretary shall transmit to the Committee on 

13 Transportation and Infrastructure of the House of Rep14 resentatives and the Committee on Commerce, Science, and 

15 Transportation of the Senate a report on the progress of 

16 each railroad carrier or other entity subject to subsection 

17 (a) in implementing a positive train control system. 

18 ‘‘(e) ENFORCEMENT.—The Secretary is authorized to 

19 assess civil penalties pursuant to chapter 213 for— 

20 ‘‘(1) a violation of this section; 

21 ‘‘(2) the failure to submit or comply with the re22 vised plan required under subsection (a), including 

23 the failure to comply with the totals provided pursu24 ant to subclauses (III) and (V) of subsection 


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1 (a)(2)(A)(iii) and the spectrum acquisition dates pro2 vided pursuant to subsection (a)(2)(A)(iii)(I); 

3 ‘‘(3) failure to comply with any amendments to 

4 such revised plan pursuant to subsection (a)(2)(C); 

5 and 

6 ‘‘(4) the failure to comply with an alternative 

7 schedule and sequence submitted under subsection 

8 (a)(2)(B) and approved by the Secretary under sub9 section (a)(3)(C).’’; 

10 (4) in subsection (h)— 

11 (A) by striking ‘‘The Secretary’’ and insert12 ing the following: 

13 ‘‘(1) IN GENERAL.—The Secretary’’; and 

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

15 ‘‘(2) PROVISIONAL OPERATION.—Notwith16 standing the requirements of paragraph (1), the Sec17 retary may authorize a railroad carrier or other enti18 ty to commence operation in revenue service of a posi19 tive train control system or component to the extent 

20 necessary to enable the safe implementation and oper21 ation of a positive train control system in phases.’’; 

22 (5) in subsection (i)— 

23 (A) by redesignating paragraphs (1) 

24 through (3) as paragraphs (3) through (5), re25 spectively; and 


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1 (B) by inserting before paragraph (3) (as so 

2 redesignated) the following: 

3 ‘‘(1) EQUIVALENT OR GREATER LEVEL OF SAFE4 TY.—The term ‘equivalent or greater level of safety’ 

5 means the compliance of a railroad carrier with— 

6 ‘‘(A) appropriate operating rules in place 

7 immediately prior to the use or implementation 

8 of such carrier’s positive train control system, 

9 except that such rules may be changed by such 

10 carrier to improve safe operations; and 

11 ‘‘(B) all applicable safety regulations, ex12 cept as specified in subsection (j). 

13 ‘‘(2) HARDWARE.—The term ‘hardware’ means a 

14 locomotive apparatus, a wayside interface unit (in15 cluding any associated legacy signal system replace16 ments), switch position monitors needed for a positive 

17 train control system, physical back office system 

18 equipment, a base station radio, a wayside radio, a 

19 locomotive radio, or a communication tower or pole.’’; 

20 and 

21 (6) by adding at the end the following: 

22 ‘‘(j) EARLY ADOPTION.— 

23 ‘‘(1) OPERATIONS.—From the date of enactment 

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1 ginning on the date on which the last Class I railroad 

2 carrier’s positive train control system subject to sub3 section (a) is certified by the Secretary under sub4 section (h)(1) of this section and is implemented on 

5 all of that railroad carrier’s lines required to have op6 erations governed by a positive train control system, 

7 any railroad carrier, including any railroad carrier 

8 that has its positive train control system certified by 

9 the Secretary, shall not be subject to the operational 

10 restrictions set forth in sections 236.567 and 236.1029 

11 of title 49, Code of Federal Regulations, that would 

12 apply where a controlling locomotive that is operating 

13 in, or is to be operated in, a positive train control14 equipped track segment experiences a positive train 

15 control system failure, a positive train control oper16 ated consist is not provided by another railroad car17 rier when provided in interchange, or a positive train 

18 control system otherwise fails to initialize, cuts out, 

19 or malfunctions, provided that such carrier operates 

20 at an equivalent or greater level of safety than the 

21 level achieved immediately prior to the use or imple22 mentation of its positive train control system. 

23 ‘‘(2) SAFETY ASSURANCE.—During the period 

24 described in paragraph (1), if a positive train control 

25 system that has been certified and implemented fails 


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1 to initialize, cuts out, or malfunctions, the affected 

2 railroad carrier or other entity shall make reasonable 

3 efforts to determine the cause of the failure and ad4 just, repair, or replace any faulty component causing 

5 the system failure in a timely manner. 

6 ‘‘(3) PLANS.—The positive train control safety 

7 plan for each railroad carrier or other entity shall de8 scribe the safety measures, such as operating rules 

9 and actions to comply with applicable safety regula10 tions, that will be put in place during any system 

11 failure. 

12 ‘‘(4) NOTIFICATION.—During the period de13 scribed in paragraph (1), if a positive train control 

14 system that has been certified and implemented fails 

15 to initialize, cuts out, or malfunctions, the affected 

16 railroad carrier or other entity shall submit a notifi17 cation to the appropriate regional office of the Fed18 eral Railroad Administration within 7 days of the 

19 system failure, or under alternative location and 

20 deadline requirements set by the Secretary, and in21 clude in the notification a description of the safety 

22 measures the affected railroad carrier or other entity 

23 has in place. 

24 ‘‘(k) SMALL RAILROADS.—Not later than 120 days 

25 after the date of the enactment of this Act, the Secretary 


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1 shall amend section 236.1006(b)(4)(iii)(B) of title 49, Code 

2 of Federal Regulations (relating to equipping locomotives 

3 for applicable Class II and Class III railroads operating 

4 in positive train control territory) to extend each deadline 

5 under such section by 3 years. 

6 ‘‘(l) REVENUE SERVICE DEMONSTRATION.—When a 

7 railroad carrier or other entity subject to (a)(1) notifies the 

8 Secretary it is prepared to initiate revenue service dem9 onstration, it shall also notify any applicable tenant rail10 road carrier or other entity subject to subsection (a)(1).’’. 

11 (c) CONFORMING AMENDMENT.—Section 20157(g), is 

12 amended— 

13 (1) by striking ‘‘The Secretary’’ and inserting 

14 the following: 

15 ‘‘(1) IN GENERAL.—The Secretary’’; and 

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

17 ‘‘(2) CONFORMING REGULATORY AMENDMENTS.— 

18 Immediately after the date of the enactment of the 

19 Positive Train Control Enforcement and Implementa20 tion Act of 2015, the Secretary— 

21 ‘‘(A) shall remove or revise the date-specific 

22 deadlines in the regulations or orders imple23 menting this section to the extent necessary to 

24 conform with the amendments made by such Act; 

25 and 


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1 ‘‘(B) may not enforce any such date-specific 

2 deadlines or requirements that are inconsistent 

3 with the amendments made by such Act. 

4 ‘‘(3) REVIEW.—Nothing in the Positive Train 

5 Control Enforcement and Implementation Act of 

6 2015, or the amendments made by such Act, shall be 

7 construed to require the Secretary to issue regulations 

8 to implement such Act or amendments other than the 

9 regulatory amendments required by paragraph (2) 

10 and subsection (k).’’. 

11 SEC. 7015. PHASE-OUT OF ALL TANK CARS USED TO TRANS12 PORT CLASS 3 FLAMMABLE LIQUIDS. 

13 (a) IN GENERAL.—Except as provided for in sub14 section (b), beginning on the date of enactment of this Act, 

15 all railroad tank cars used to transport Class 3 flammable 

16 liquids shall meet the DOT–117 or DOT–117R specifica17 tions in part 179 of title 49, Code of Federal Regulations, 

18 regardless of train composition. 

19 (b) PHASE-OUT SCHEDULE.—Certain tank cars not 

20 meeting DOT–117 or DOT–117R specifications on the date 

21 of enactment of this Act may be used, regardless of train 

22 composition, until the following end-dates: 

23 (1) For transport of unrefined petroleum prod24 ucts in Class 3 flammable service, including crude 

25 oil— 


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1 (A) January 1, 2018, for non-jacketed 

2 DOT–111 tank cars; 

3 (B) March 1, 2018, for jacketed DOT–111 

4 tank cars; 

5 (C) April 1, 2020, for non-jacketed CPC– 

6 1232 tank cars; and 

7 (D) May 1, 2025, for jacketed CPC–1232 

8 tank cars. 

9 (2) For transport of ethanol— 

10 (A) May 1, 2023, for non-jacketed and jack11 eted DOT–111 tank cars; 

12 (B) July 1, 2023, for non-jacketed CPC– 

13 1232 tank cars; and 

14 (C) May 1, 2025, for jacketed CPC–1232 

15 tank cars. 

16 (3) For transport of Class 3 flammable liquids 

17 in Packing Group I, other than Class 3 flammable 

18 liquids specified in paragraphs (1) and (2), May 1, 

19 2025. 

20 (4) For transport of Class 3 flammable liquids 

21 in Packing Groups II and III, other than Class 3 

22 flammable liquids specified in paragraphs (1) and 

23 (2), May 1, 2029. 

24 (c) RETROFITTING SHOP CAPACITY.—The Secretary 

25 may extend the deadlines established under paragraphs (3) 


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1 and (4) of subsection (b) for a period not to exceed 2 years 

2 if the Secretary determines that insufficient retrofitting 

3 shop capacity will prevent the phase-out of tank cars not 

4 meeting the DOT–117 or DOT–117R specifications by the 

5 deadlines set forth in such paragraphs. 

6 (d) IMPLEMENTATION.—Nothing in this section shall 

7 be construed to require the Secretary to issue regulations 

8 to implement this section. 

9 (e) SAVINGS CLAUSE.—Nothing in this section shall be 

10 construed to prohibit the Secretary from implementing the 

11 final rule issued on May 08, 2015, entitled ‘‘Enhanced 

12 Tank Car Standards and Operational Controls for High13 Hazard Flammable Trains’’ (80 Fed. Reg. 26643), other 

14 than the provisions of the final rule that are inconsistent 

15 with this section. 

16 (f) CLASS 3 FLAMMABLE LIQUID DEFINED.—In this 

17 section, the term ‘‘Class 3 flammable liquid’’ has the mean18 ing given the term flammable liquid in section 173.120(a) 

19 of title 49, Code of Federal Regulations. 

20 TITLE VIII—MULTIMODAL 

21 FREIGHT TRANSPORTATION 

22 SEC. 8001. MULTIMODAL FREIGHT TRANSPORTATION. 

23 (a) IN GENERAL.—Subtitle IX of title 49, United 

24 States Code, is amended to read as follows: 


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1 ‘‘Subtitle IX—Multimodal Freight 

2 Transportation 

‘‘Chapter Sec. 

‘‘701. Multimodal freight policy ..................................................................... 70101 

‘‘702. Multimodal freight transportation planning and information ......... 70201 

3 ‘‘CHAPTER 701—MULTIMODAL FREIGHT 

4 POLICY 

‘‘Sec. 

‘‘70101. National multimodal freight policy. 

‘‘70102. National freight strategic plan. 

‘‘70103. National Multimodal Freight Network. 

5 ‘‘§ 70101. National multimodal freight policy 

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

7 States to maintain and improve the condition and perform8 ance of the National Multimodal Freight Network estab9 lished under section 70103 to ensure that the Network pro10 vides a foundation for the United States to compete in the 

11 global economy and achieve the goals described in subsection 

12 (b). 

13 ‘‘(b) GOALS.—The goals of the national multimodal 

14 freight policy are— 

15 ‘‘(1) to identify infrastructure improvements, 

16 policies, and operational innovations that— 

17 ‘‘(A) strengthen the contribution of the Na18 tional Multimodal Freight Network to the eco19 nomic competitiveness of the United States; 


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1 ‘‘(B) reduce congestion and eliminate bottle2 necks on the National Multimodal Freight Net3 work; and 

4 ‘‘(C) increase productivity, particularly for 

5 domestic industries and businesses that create 

6 high-value jobs; 

7 ‘‘(2) to improve the safety, security, efficiency, 

8 and resiliency of multimodal freight transportation; 

9 ‘‘(3) to achieve and maintain a state of good re10 pair on the National Multimodal Freight Network; 

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

12 to improve the safety, efficiency, and reliability of the 

13 National Multimodal Freight Network; 

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

15 National Multimodal Freight Network; 

16 ‘‘(6) to improve the short- and long-distance 

17 movement of goods that— 

18 ‘‘(A) travel across rural areas between pop19 ulation centers; 

20 ‘‘(B) travel between rural areas and popu21 lation centers; and 

22 ‘‘(C) travel from the Nation’s ports, air23 ports, and gateways to the National Multimodal 

24 Freight Network; 


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1 ‘‘(7) to improve the flexibility of States to sup2 port multi-State corridor planning and the creation 

3 of multi-State organizations to increase the ability of 

4 States to address multimodal freight connectivity; 

5 and 

6 ‘‘(8) to reduce the adverse environmental impacts 

7 of freight movement on the National Multimodal 

8 Freight Network. 

9 ‘‘§ 70102. National freight strategic plan 

10 ‘‘(a) IN GENERAL.—Not later than 2 years after the 

11 date of enactment of this section, the Secretary of Transpor12 tation shall— 

13 ‘‘(1) develop a national freight strategic plan in 

14 accordance with this section; and 

15 ‘‘(2) publish the plan on the public Internet Web 

16 site of the Department of Transportation. 

17 ‘‘(b) CONTENTS.—The national freight strategic plan 

18 shall include— 

19 ‘‘(1) an assessment of the condition and perform20 ance of the National Multimodal Freight Network; 

21 ‘‘(2) forecasts of freight volumes for the suc22 ceeding 5-, 10-, and 20-year periods; 

23 ‘‘(3) an identification of major trade gateways 

24 and national freight corridors that connect major 


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1 population centers, trade gateways, and other major 

2 freight generators; 

3 ‘‘(4) an identification of bottlenecks on the Na4 tional Multimodal Freight Network that create sig5 nificant freight congestion, based on a quantitative 

6 methodology developed by the Secretary, which shall, 

7 at a minimum, include— 

8 ‘‘(A) information from the Freight Analysis 

9 Framework of the Federal Highway Administra10 tion; and 

11 ‘‘(B) to the maximum extent practicable, an 

12 estimate of the cost of addressing each bottleneck 

13 and any operational improvements that could be 

14 implemented; 

15 ‘‘(5) an assessment of statutory, regulatory, tech16 nological, institutional, financial, and other barriers 

17 to improved freight transportation performance, and 

18 a description of opportunities for overcoming the bar19 riers; 

20 ‘‘(6) an identification of best practices for im21 proving the performance of the National Multimodal 

22 Freight Network; 

23 ‘‘(7) a process for addressing multistate projects 

24 and encouraging jurisdictions to collaborate; and 


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1 ‘‘(8) strategies to improve freight intermodal 

2 connectivity. 

3 ‘‘(c) UPDATES.—Not later than 5 years after the date 

4 of completion of the national freight strategic plan under 

5 subsection (a), and every 5 years thereafter, the Secretary 

6 shall update the plan and publish the updated plan on the 

7 public Internet Web site of the Department of Transpor8 tation. 

9 ‘‘(d) CONSULTATION.—The Secretary shall develop and 

10 update the national freight strategic plan in consultation 

11 with State departments of transportation, metropolitan 

12 planning organizations, and other appropriate public and 

13 private transportation stakeholders. 

14 ‘‘§ 70103. National Multimodal Freight Network 

15 ‘‘(a) IN GENERAL.—Not later than 180 days after the 

16 date of enactment of this section, the Secretary of Transpor17 tation shall establish the National Multimodal Freight Net18 work in accordance with this section— 

19 ‘‘(1) to focus Federal policy on the most strategic 

20 freight assets; and 

21 ‘‘(2) to assist in strategically directing resources 

22 and policies toward improved performance of the Na23 tional Multimodal Freight Network. 

24 ‘‘(b) NETWORK COMPONENTS.—The National 

25 Multimodal Freight Network shall include— 


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1 ‘‘(1) the National Highway Freight Network, as 

2 established under section 167 of title 23; 

3 ‘‘(2) the freight rail systems of Class I railroads, 

4 as designated by the Surface Transportation Board; 

5 ‘‘(3) the public ports of the United States that 

6 have total annual foreign and domestic trade of at 

7 least 2,000,000 short tons, as identified by the Water8 borne Commerce Statistics Center of the Army Corps 

9 of Engineers, using the data from the latest year for 

10 which such data is available; 

11 ‘‘(4) the inland and intracoastal waterways of 

12 the United States, as described in section 206 of the 

13 Inland Waterways Revenue Act of 1978 (33 U.S.C. 

14 1804); 

15 ‘‘(5) the Great Lakes, the St. Lawrence Seaway, 

16 and coastal routes along which domestic freight is 

17 transported; 

18 ‘‘(6) the 50 airports located in the United States 

19 with the highest annual landed weight, as identified 

20 by the Federal Aviation Administration; and 

21 ‘‘(7) other strategic freight assets, including stra22 tegic intermodal facilities and freight rail lines of 

23 Class II and Class III railroads, designated by the 

24 Secretary as critical to interstate commerce. 


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1 ‘‘(c) OTHER STRATEGIC FREIGHT ASSETS.—In deter2 mining network components in subsection (b), the Secretary 

3 may consider strategic freight assets identified by States, 

4 including public ports if such ports do not meet the annual 

5 tonnage threshold, for inclusion on the National Multimodal 

6 Freight Network. 

7 ‘‘(d) 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 ‘‘(e) 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 ‘‘(f) LANDED WEIGHT DEFINED.—In this section, the 

18 term ‘landed weight’ means the weight of an aircraft trans19 porting only cargo in intrastate, interstate, or foreign air 

20 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, carriers, 

7 freight-related associations, third-party logistics providers, 

8 the freight industry workforce, the transportation depart9 ment 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 priorities, 

13 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 prior17 ities with other organizations; 

18 ‘‘(4) promote the sharing of information between 

19 the private and public sectors on freight issues; and 

20 ‘‘(5) participate in the development of the freight 

21 plan of the State described in section 70202. 

22 ‘‘§ 70202. State freight plans 

23 ‘‘(a) IN GENERAL.—Each State shall develop a freight 

24 plan that provides a comprehensive plan for the immediate 


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1 and long-range planning activities and investments of the 

2 State with respect to freight. 

3 ‘‘(b) PLAN CONTENTS.—A freight plan described in 

4 subsection (a) shall include, at a minimum— 

5 ‘‘(1) an identification of significant freight sys6 tem trends, needs, and issues with respect to the 

7 State; 

8 ‘‘(2) a description of the freight policies, strate9 gies, and performance measures that will guide the 

10 freight-related transportation investment decisions of 

11 the State; 

12 ‘‘(3) a description of how the plan will improve 

13 the ability of the State to meet the national freight 

14 goals described in section 70101; 

15 ‘‘(4) evidence of consideration of innovative tech16 nologies and operational strategies, including intel17 ligent transportation systems, that improve the safety 

18 and efficiency of freight movement; 

19 ‘‘(5) in the case of routes on which travel by 

20 heavy vehicles (including mining, agricultural, energy 

21 cargo or equipment, and timber vehicles) is projected 

22 to substantially deteriorate the condition of roadways, 

23 a description of improvements that may be required 

24 to reduce or impede the deterioration; and 


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1 ‘‘(6) an inventory of facilities with freight mobil2 ity issues, such as truck bottlenecks, within the State, 

3 and a description of the strategies the State is em4 ploying to address those freight mobility issues. 

5 ‘‘(c) RELATIONSHIP TO STATE PLANS.— 

6 ‘‘(1) IN GENERAL.—A freight plan described in 

7 subsection (a) may be developed separately from or 

8 incorporated into the statewide transportation plans 

9 required by section 135 of title 23. 

10 ‘‘(2) UPDATES.—If the freight plan described in 

11 subsection (a) is developed separately from the State 

12 transportation improvement program, the freight 

13 plan shall be updated at least every 5 years. 

14 ‘‘§ 70203. Data and tools 

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

16 date of enactment of this section, the Secretary shall— 

17 ‘‘(1) begin development of new tools or improve 

18 existing tools to support an outcome-oriented, per19 formance-based approach to evaluate proposed freight20 related and other transportation projects, including— 

21 ‘‘(A) methodologies for systematic analysis 

22 of benefits and costs; 

23 ‘‘(B) tools for ensuring that the evaluation 

24 of freight-related and other transportation 

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1 tiveness, environmental sustainability, and sys2 tem condition in the project selection process; 

3 and 

4 ‘‘(C) other elements to assist in effective 

5 transportation planning; 

6 ‘‘(2) identify transportation-related freight travel 

7 models and model data elements to support a broad 

8 range of evaluation methods and techniques to assist 

9 in making transportation investment decisions; and 

10 ‘‘(3) at a minimum, in consultation with other 

11 relevant Federal agencies, consider any improvements 

12 to existing freight flow data collection efforts, includ13 ing improved methods to standardize and manage the 

14 data, that could reduce identified freight data gaps 

15 and deficiencies and help improve forecasts of freight 

16 transportation demand. 

17 ‘‘(b) CONSULTATION.—The Secretary shall consult 

18 with Federal, State, and other stakeholders to develop, im19 prove, and implement the tools and collect the data de20 scribed in subsection (a).’’. 

21 (b) CLERICAL AMENDMENT.—The analysis of subtitles 

22 for title 49, United States Code, is amended by striking the 

23 item relating to subtitle IX and inserting the following: 

‘‘IX. Multimodal Freight Transportation ...................................70101’’. 

24 (c) REPEALS.—Sections 1117 and 1118 of MAP–21 

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1 tions in the table of contents in section 1(c) of such Act, 

2 are repealed. 

3 TITLE IX—NATIONAL SURFACE 

4 TRANSPORTATION AND INNO5 VATIVE FINANCE BUREAU 

6 SEC. 9001. NATIONAL SURFACE TRANSPORTATION AND IN7 NOVATIVE FINANCE BUREAU. 

8 (a) IN GENERAL.—Chapter 1 of title 49, United States 

9 Code, is amended by adding at the end the following: 

10 ‘‘§ 116. National Surface Transportation and Innova11 tive Finance Bureau 

12 ‘‘(a) ESTABLISHMENT.—The Secretary of Transpor13 tation shall establish a National Surface Transportation 

14 and Innovative Finance Bureau in the Department. 

15 ‘‘(b) PURPOSES.—The purposes of the Bureau shall 

16 be— 

17 ‘‘(1) to administer the application processes for 

18 programs within the Department in accordance with 

19 subsection (d); 

20 ‘‘(2) to promote innovative financing best prac21 tices in accordance with subsection (e); 

22 ‘‘(3) to reduce uncertainty and delays with re23 spect to environmental reviews and permitting in ac24 cordance with subsection (f); 


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1 ‘‘(4) to reduce costs and risks to taxpayers in 

2 project delivery and procurement in accordance with 

3 subsection (g); and 

4 ‘‘(5) to carry out subtitle IX of this title. 

5 ‘‘(c) EXECUTIVE DIRECTOR.— 

6 ‘‘(1) APPOINTMENT.—The Bureau shall be head7 ed by an Executive Director, who shall be appointed 

8 in the competitive service by the Secretary, with the 

9 approval of the President. 

10 ‘‘(2) DUTIES.—The Executive Director shall— 

11 ‘‘(A) report to the Under Secretary of 

12 Transportation for Policy; 

13 ‘‘(B) be responsible for the management and 

14 oversight of the daily activities, decisions, oper15 ations, and personnel of the Bureau; 

16 ‘‘(C) support the Council on Credit and Fi17 nance established under section 117 in accord18 ance with this section; and 

19 ‘‘(D) carry out such additional duties as the 

20 Secretary may prescribe. 

21 ‘‘(d) ADMINISTRATION OF CERTAIN APPLICATION

22 PROCESSES.— 

23 ‘‘(1) IN GENERAL.—The Bureau shall administer 

24 the application processes for the following programs: 


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1 ‘‘(A) The infrastructure finance programs 

2 authorized under chapter 6 of title 23. 

3 ‘‘(B) The railroad rehabilitation and im4 provement financing program authorized under 

5 sections 501 through 503 of the Railroad Revital6 ization and Regulatory Reform Act of 1976 (45 

7 U.S.C. 821–823). 

8 ‘‘(C) Amount allocations authorized under 

9 section 142(m) of the Internal Revenue Code of 

10 1986. 

11 ‘‘(D) The nationally significant freight and 

12 highway projects program under section 117 of 

13 title 23. 

14 ‘‘(2) CONGRESSIONAL NOTIFICATION.—The Sec15 retary shall ensure that the congressional notification 

16 requirements for each program referred to in para17 graph (1) are followed in accordance with the statu18 tory provisions applicable to the program. 

19 ‘‘(3) REPORTS.—The Secretary shall ensure that 

20 the reporting requirements for each program referred 

21 to in paragraph (1) are followed in accordance with 

22 the statutory provisions applicable to the program. 

23 ‘‘(4) COORDINATION.—In administering the ap24 plication processes for the programs referred to in 

25 paragraph (1), the Executive Director of the Bureau 


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1 shall coordinate with appropriate officials in the De2 partment and its modal administrations responsible 

3 for administering such programs. 

4 ‘‘(5) STREAMLINING APPROVAL PROCESSES.—Not 

5 later than 1 year after the date of enactment of this 

6 section, the Secretary shall submit to the Committee 

7 on Transportation and Infrastructure of the House of 

8 Representatives and the Committee on Commerce, 

9 Science, and Transportation, the Committee on Bank10 ing, Housing, and Urban Affairs, and the Committee 

11 on Environment and Public Works of the Senate a re12 port that— 

13 ‘‘(A) evaluates the application processes for 

14 the programs referred to in paragraph (1); 

15 ‘‘(B) identifies administrative and legisla16 tive actions that would improve the efficiency of 

17 the application processes without diminishing 

18 Federal oversight; and 

19 ‘‘(C) describes how the Secretary will imple20 ment administrative actions identified under 

21 subparagraph (B) that do not require an Act of 

22 Congress. 

23 ‘‘(6) PROCEDURES AND TRANSPARENCY.— 


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1 ‘‘(A) PROCEDURES.—The Secretary shall, 

2 with respect to the programs referred to in para3 graph (1)— 

4 ‘‘(i) establish procedures for analyzing 

5 and evaluating applications and for uti6 lizing the recommendations of the Council 

7 on Credit and Finance; 

8 ‘‘(ii) establish procedures for address9 ing late-arriving applications, as applica10 ble, and communicating the Bureau’s deci11 sions for accepting or rejecting late applica12 tions to the applicant and the public; and 

13 ‘‘(iii) document major decisions in the 

14 application evaluation process through a 

15 decision memorandum or similar mecha16 nism that provides a clear rationale for 

17 such decisions. 

18 ‘‘(B) REVIEW.— 

19 ‘‘(i) IN GENERAL.—The Comptroller 

20 General of the United States shall review 

21 the compliance of the Secretary with the re22 quirements of this paragraph. 

23 ‘‘(ii) RECOMMENDATIONS.—The Comp24 troller General may make recommendations 

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1 ance with the requirements of this para2 graph. 

3 ‘‘(iii) REPORT.—Not later than 3 

4 years after the date of enactment of this sec5 tion, the Comptroller General shall submit 

6 to the Committee on Transportation and 

7 Infrastructure of the House of Representa8 tives and the Committee on Environment 

9 and Public Works and the Committee on 

10 Commerce, Science, and Transportation of 

11 the Senate a report on the results of the re12 view conducted under clause (i), including 

13 findings and recommendations for improve14 ment. 

15 ‘‘(e) INNOVATIVE FINANCING BEST PRACTICES.— 

16 ‘‘(1) IN GENERAL.—The Bureau shall work with 

17 the modal administrations within the Department, 

18 the States, and other public and private interests to 

19 develop and promote best practices for innovative fi20 nancing and public-private partnerships. 

21 ‘‘(2) ACTIVITIES.—The Bureau shall carry out 

22 paragraph (1)— 

23 ‘‘(A) by making Federal credit assistance 

24 programs more accessible to eligible recipients; 


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1 ‘‘(B) by providing advice and expertise to 

2 State and local governments that seek to leverage 

3 public and private funding; 

4 ‘‘(C) by sharing innovative financing best 

5 practices and case studies from State and local 

6 governments with other State and local govern7 ments that are interested in utilizing innovative 

8 financing methods; and 

9 ‘‘(D) by developing and monitoring— 

10 ‘‘(i) best practices with respect to 

11 standardized State public-private partner12 ship authorities and practices, including 

13 best practices related to— 

14 ‘‘(I) accurate and reliable as15 sumptions for analyzing public-private 

16 partnership procurements; 

17 ‘‘(II) procedures for the handling 

18 of unsolicited bids; 

19 ‘‘(III) policies with respect to 

20 noncompete clauses; and 

21 ‘‘(IV) other significant terms of 

22 public-private partnership procure23 ments, as determined appropriate by 

24 the Bureau; 


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1 ‘‘(ii) standard contracts for the most 

2 common types of public-private partner3 ships for transportation facilities; and 

4 ‘‘(iii) analytical tools and other tech5 niques to aid State and local governments 

6 in determining the appropriate project de7 livery model, including a value for money 

8 analysis. 

9 ‘‘(3) TRANSPARENCY.—The Bureau shall— 

10 ‘‘(A) ensure transparency of a project re11 ceiving credit assistance under a program identi12 fied in subsection (d)(1) and procured as a pub13 lic-private partnership by— 

14 ‘‘(i) requiring the project sponsor of 

15 such project to undergo a value for money 

16 analysis or a comparable analysis prior to 

17 deciding to advance the project as a public18 private partnership; 

19 ‘‘(ii) requiring the analysis required 

20 under subparagraph (A) and other key 

21 terms of the relevant public-private partner22 ship agreement, to be made publicly avail23 able by the project sponsor at an appro24 priate time; 


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1 ‘‘(iii) not later than 3 years after the 

2 completion of the project, requiring the 

3 project sponsor of such project to conduct a 

4 review regarding whether the private part5 ner is meeting the terms of the relevant pub6 lic private partnership agreement for the 

7 project; and 

8 ‘‘(iv) providing a publicly available 

9 summary of the total level of Federal assist10 ance in such project; and 

11 ‘‘(B) develop guidance to implement this 

12 paragraph that takes into consideration vari13 ations in State and local laws and requirements 

14 related to public-private partnerships. 

15 ‘‘(4) SUPPORT TO PROJECTS SPONSORS.—At the 

16 request of a State or local government, the Bureau 

17 shall provide technical assistance to the State or local 

18 government regarding proposed public-private part19 nership agreements for transportation facilities, in20 cluding assistance in performing a value for money 

21 analysis or comparable analysis. 

22 ‘‘(5) FIXED GUIDEWAY TRANSIT PROCEDURES

23 REPORT.—Not later than 1 year after the date of en24 actment of this section, the Secretary shall submit to 

25 the Committee on Transportation and Infrastructure 


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1 of the House of Representatives and the Committee on 

2 Banking, Housing, and Urban Affairs of the Senate 

3 a report that— 

4 ‘‘(A) evaluates the differences between tradi5 tional design-bid-build, design-build, and public6 private partnership procurements for projects 

7 carried out under the fixed guideway capital in8 vestment program authorized under section 5309; 

9 ‘‘(B) identifies, for project procured as pub10 lic-private partnerships whether the review and 

11 approval process under the program requires 

12 modification to better suit the unique nature of 

13 such procurements; and 

14 ‘‘(C) describes how the Secretary will imple15 ment any administrative actions identified 

16 under subparagraph (B) that do not require an 

17 Act of Congress. 

18 ‘‘(f) ENVIRONMENTAL REVIEW AND PERMITTING.— 

19 ‘‘(1) IN GENERAL.—The Bureau shall take such 

20 actions as are appropriate and consistent with the 

21 goals and policies set forth in this title and title 23, 

22 including with the concurrence of other Federal agen23 cies as required under this title and title 23, to im24 prove delivery timelines for projects. 


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1 ‘‘(2) ACTIVITIES.—The Bureau shall carry out 

2 paragraph (1)— 

3 ‘‘(A) by serving as the Department’s liaison 

4 to the Council on Environmental Quality; 

5 ‘‘(B) by coordinating Department-wide ef6 forts to improve the efficiency and effectiveness of 

7 the environmental review and permitting proc8 ess; 

9 ‘‘(C) by coordinating Department efforts 

10 under section 139 of title 23; 

11 ‘‘(D) by supporting modernization efforts at 

12 Federal agencies to achieve innovative ap13 proaches to the permitting and review of 

14 projects; 

15 ‘‘(E) by providing technical assistance and 

16 training to field and headquarters staff of Fed17 eral agencies on policy changes and innovative 

18 approaches to the delivery of projects; 

19 ‘‘(F) by identifying, developing, and track20 ing metrics for permit reviews and decisions by 

21 Federal agencies for projects under the National 

22 Environmental Policy Act of 1969; and 

23 ‘‘(G) by administering and expanding the 

24 use of Internet-based tools providing for— 


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1 ‘‘(i) the development and posting of 

2 schedules for permit reviews and permit de3 cisions for projects; and 

4 ‘‘(ii) the sharing of best practices re5 lated to efficient permitting and reviews for 

6 projects. 

7 ‘‘(3) SUPPORT TO PROJECT SPONSORS.—At the 

8 request of a State or local government, the Bureau, in 

9 coordination with the other appropriate modal agen10 cies within the Department, shall provide technical 

11 assistance with regard to the compliance of a project 

12 sponsored by the State or local government with the 

13 requirements of the National Environmental Policy 

14 Act 1969 and relevant Federal environmental per15 mits. 

16 ‘‘(g) PROJECT PROCUREMENT.— 

17 ‘‘(1) IN GENERAL.—The Bureau shall promote 

18 best practices in procurement for a project receiving 

19 assistance under a program identified in subsection 

20 (d)(1) by developing, in coordination with the Federal 

21 Highway Administration and other modal agencies as 

22 appropriate, procurement benchmarks in order to en23 sure accountable expenditure of Federal assistance 

24 over the life cycle of such project. 


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1 ‘‘(2) PROCUREMENT BENCHMARKS.—The pro2 curement benchmarks developed under paragraph (1) 

3 shall, to the maximum extent practicable— 

4 ‘‘(A) establish maximum thresholds for ac5 ceptable project cost increases and delays in 

6 project delivery; 

7 ‘‘(B) establish uniform methods for States to 

8 measure cost and delivery changes over the life 

9 cycle of a project; and 

10 ‘‘(C) be tailored, as necessary, to various 

11 types of project procurements, including design12 bid-build, design-build, and public private part13 nerships. 

14 ‘‘(h) ELIMINATION AND CONSOLIDATION OF DUPLICA15 TIVE OFFICES.— 

16 ‘‘(1) ELIMINATION OF OFFICES.—The Secretary 

17 may eliminate any office within the Department if 

18 the Secretary determines that the purposes of the of19 fice are duplicative of the purposes of the Bureau, and 

20 the elimination of such office shall not adversely affect 

21 the obligations of the Secretary under any Federal 

22 law. 

23 ‘‘(2) CONSOLIDATION OF OFFICES.—The Sec24 retary may consolidate any office within the Depart25 ment into the Bureau that the Secretary determines 


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1 has duties, responsibilities, resources, or expertise that 

2 support the purposes of the Bureau. 

3 ‘‘(3) STAFFING AND BUDGETARY RESOURCES.— 

4 ‘‘(A) IN GENERAL.—The Secretary shall en5 sure that the Bureau is adequately staffed and 

6 funded. 

7 ‘‘(B) STAFFING.—The Secretary may trans8 fer to the Bureau a position within the Depart9 ment from any office that is eliminated or con10 solidated under this subsection if the Secretary 

11 determines that the position is necessary to carry 

12 out the purposes of the Bureau. 

13 ‘‘(C) BUDGETARY RESOURCES.— 

14 ‘‘(i) TRANSFER OF FUNDS FROM ELIMI15 NATED OR CONSOLIDATED OFFICES.—The 

16 Secretary may transfer to the Bureau funds 

17 allocated to any office that is eliminated or 

18 consolidated under this subsection to carry 

19 out the purposes of the Bureau. 

20 ‘‘(ii) TRANSFER OF FUNDS ALLOCATED

21 TO ADMINISTRATIVE COSTS.—The Secretary 

22 shall transfer to the Bureau funds allocated 

23 to the administrative costs of processing ap24 plications for the programs referred to in 

25 subsection (d)(1). 


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1 ‘‘(4) REPORT.—Not later than 180 days after the 

2 date of enactment of this section, the Secretary shall 

3 submit to the Committee on Transportation and In4 frastructure of the House of Representatives and the 

5 Committee on Environment and Public Works and 

6 the Committee on Commerce, Science, and Transpor7 tation of the Senate a report that— 

8 ‘‘(A) lists the offices eliminated under para9 graph (1) and provides the rationale for elimi10 nation of the offices; 

11 ‘‘(B) lists the offices consolidated under 

12 paragraph (2) and provides the rationale for 

13 consolidation of the offices; and 

14 ‘‘(C) describes the actions taken under para15 graph (3) and provides the rationale for taking 

16 such actions. 

17 ‘‘(i) SAVINGS PROVISIONS.— 

18 ‘‘(1) LAWS AND REGULATIONS.—Nothing in this 

19 section may be construed to change a law or regula20 tion with respect to a program referred to in sub21 section (d)(1). 

22 ‘‘(2) RESPONSIBILITIES.—Nothing in this section 

23 may be construed to abrogate the responsibilities of 

24 an agency, operating administration, or office within 

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1 tion with other aspects of program administration, 

2 oversight, and project approval or implementation for 

3 the programs and projects subject to this section. 

4 ‘‘(j) DEFINITIONS.—In this section, the following defi5 nitions apply: 

6 ‘‘(1) BUREAU.—The term ‘Bureau’ means the 

7 National Surface Transportation and Innovative Fi8 nance Bureau of the Department. 

9 ‘‘(2) DEPARTMENT.—The term ‘Department’ 

10 means the Department of Transportation. 

11 ‘‘(3) MULTIMODAL PROJECT.—The term 

12 ‘multimodal project’ means a project involving the 

13 participation of more than one modal administration 

14 or secretarial office within the Department. 

15 ‘‘(4) PROJECT.—The term ‘project’ means a 

16 highway project, public transportation capital 

17 project, freight or passenger rail project, or 

18 multimodal project.’’. 

19 (b) CLERICAL AMENDMENT.—The analysis for such 

20 chapter is amended by adding at the end the following: 

‘‘116. National Surface Transportation and Innovative Finance Bureau.’’. 

21 SEC. 9002. COUNCIL ON CREDIT AND FINANCE. 

22 (a) IN GENERAL.—Chapter 1 of title 49, United States 

23 Code, as amended by this Act, is further amended by adding 

24 at the end the following: 


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1 ‘‘§ 117. Council on Credit and Finance 

2 ‘‘(a) ESTABLISHMENT.—The Secretary of Transpor3 tation shall establish a Council on Credit and Finance in 

4 accordance with this section. 

5 ‘‘(b) MEMBERSHIP.— 

6 ‘‘(1) IN GENERAL.—The Council shall be com7 posed of the following members: 

8 ‘‘(A) The Under Secretary of Transpor9 tation for Policy. 

10 ‘‘(B) The Chief Financial Officer and As11 sistant Secretary for Budget and Programs. 

12 ‘‘(C) The General Counsel of the Depart13 ment of Transportation. 

14 ‘‘(D) The Assistant Secretary for Transpor15 tation Policy. 

16 ‘‘(E) The Administrator of the Federal 

17 Highway Administration. 

18 ‘‘(F) The Administrator of the Federal 

19 Transit Administration. 

20 ‘‘(G) The Administrator of the Federal 

21 Railroad Administration. 

22 ‘‘(2) ADDITIONAL MEMBERS.—The Secretary 

23 may designate up to 3 additional officials of the De24 partment to serve as at-large members of the Council. 

25 ‘‘(3) CHAIRPERSON AND VICE CHAIRPERSON.— 


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1 ‘‘(A) CHAIRPERSON.—The Under Secretary 

2 of Transportation for Policy shall serve as the 

3 chairperson of the Council. 

4 ‘‘(B) VICE CHAIRPERSON.—The Chief Fi5 nancial Officer and Assistant Secretary for 

6 Budget and Programs shall serve as the vice 

7 chairperson of the Council. 

8 ‘‘(4) EXECUTIVE DIRECTOR.—The Executive Di9 rector of the National Surface Transportation and In10 novative Finance Bureau shall serve as a nonvoting 

11 member of the Council. 

12 ‘‘(c) DUTIES.—The Council shall— 

13 ‘‘(1) review applications for assistance submitted 

14 under the programs referred to in section 116(d)(1); 

15 ‘‘(2) make recommendations to the Secretary re16 garding the selection of projects to receive assistance 

17 under the programs referred to in section 116(d)(1); 

18 ‘‘(3) review, on a regular basis, projects that re19 ceived assistance under the programs referred to in 

20 section 116(d)(1); and 

21 ‘‘(4) carry out such additional duties as the Sec22 retary may prescribe.’’. 

23 (b) CLERICAL AMENDMENT.—The analysis for such 

24 chapter is further amended by adding at the end the fol25 lowing: 

‘‘117. Council on Credit and Finance.’’. 


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1 TITLE X—SPORT FISH RESTORA2 TION AND RECREATIONAL 

3 BOATING SAFETY 

4 SEC. 10001. ALLOCATIONS. 

5 (a) AUTHORIZATION.—Section 3 of the Dingell-John6 son Sport Fish Restoration Act (16 U.S.C. 777b) is amend7 ed by striking ‘‘57 percent’’ and inserting ‘‘58.012 percent’’. 

8 (b) IN GENERAL.—Section 4 of the Dingell-Johnson 

9 Sport Fish Restoration Act (16 U.S.C. 777c) is amended— 

10 (1) in subsection (a)— 

11 (A) in the matter preceding paragraph 

12 (1)— 

13 (i) by striking ‘‘For each’’ and all that 

14 follows through ‘‘the balance’’ and inserting 

15 ‘‘For each fiscal year through fiscal year 

16 2021, the balance’’; and 

17 (ii) by striking ‘‘multistate conserva18 tion grants under section 14’’ and inserting 

19 ‘‘activities under section 14(e)’’; 

20 (B) in paragraph (1), by striking ‘‘18.5’’ 

21 percent and inserting ‘‘18.673 percent’’; 

22 (C) in paragraph (2) by striking ‘‘18.5 per23 cent’’ and inserting ‘‘17.315 percent’’; 

24 (D) by striking paragraphs (3) and (4); 


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1 (E) by redesignating paragraph (5) as 

2 paragraph (4); and 

3 (F) by inserting after paragraph (2) the fol4 lowing: 

5 ‘‘(3) BOATING INFRASTRUCTURE IMPROVE6 MENT.— 

7 ‘‘(A) IN GENERAL.—An amount equal to 4 

8 percent to the Secretary of the Interior for quali9 fied projects under section 5604(c) of the Clean 

10 Vessel Act of 1992 (33 U.S.C. 1322 note) and 

11 section 7404(d) of the Sportfishing and Boating 

12 Safety Act of 1998 (16 U.S.C. 777g–1(d)). 

13 ‘‘(B) LIMITATION.—Not more than 75 per14 cent of the amount under subparagraph (A) shall 

15 be available for projects under either of the sec16 tions referred to in subparagraph (A).’’; 

17 (2) in subsection (b)— 

18 (A) in paragraph (1)(A) by striking ‘‘for 

19 each’’ and all that follows through ‘‘the Sec20 retary’’ and inserting ‘‘for each fiscal year 

21 through fiscal year 2021, the Secretary’’; 

22 (B) by redesignating paragraph (2) as 

23 paragraph (3); 

24 (C) by inserting after paragraph (1) the fol25 lowing: 


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1 ‘‘(2) SET-ASIDE FOR COAST GUARD ADMINISTRA2 TION.— 

3 ‘‘(A) IN GENERAL.—From the annual ap4 propriation made in accordance with section 3, 

5 for each of fiscal years 2016 through 2021, the 

6 Secretary of the department in which the Coast 

7 Guard is operating may use no more than the 

8 amount specified in subparagraph (B) for the 

9 fiscal year for the purposes set forth in section 

10 13107(c) of title 46, United States Code. The 

11 amount specified in subparagraph (B) for a fis12 cal year may not be included in the amount of 

13 the annual appropriation distributed under sub14 section (a) for the fiscal year. 

15 ‘‘(B) AVAILABLE AMOUNTS.—The available 

16 amount referred to in subparagraph (A) is— 

17 ‘‘(i) for fiscal year 2016, $7,800,000; 

18 ‘‘(ii) for fiscal year 2017, $7,900,000; 

19 ‘‘(iii) for fiscal year 2018, $8,000,000; 

20 ‘‘(iv) for fiscal year 2019, $8,100,000; 

21 ‘‘(v) for fiscal year 2020, $8,200,000; 

22 and 

23 ‘‘(vi) for fiscal year 2021, 

24 $8,300,000.’’; and 

25 (D) in paragraph (3), as so redesignated— 


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1 (i) in subparagraph (A), by striking 

2 ‘‘until the end of the fiscal year.’’ and in3 serting ‘‘until the end of the subsequent fis4 cal year.’’; and 

5 (ii) in subparagraph (B) by striking 

6 ‘‘under subsection (e)’’ and inserting ‘‘under 

7 subsection (c)’’; 

8 (3) in subsection (c)— 

9 (A) by striking ‘‘(c) The Secretary’’ and in10 serting ‘‘(c)(1) The Secretary,’’; 

11 (B) by striking ‘‘grants under section 14 of 

12 this title’’ and inserting ‘‘activities under section 

13 14(e)’’; 

14 (C) by striking ‘‘57 percent’’ and inserting 

15 ‘‘58.012 percent’’; and 

16 (D) by adding at the end the following: 

17 ‘‘(2) The Secretary shall deduct from the amount to 

18 be apportioned under paragraph (1) the amounts used for 

19 grants under section 14(a).’’; and 

20 (4) in subsection (e)(1), by striking ‘‘those sub21 sections,’’ and inserting ‘‘those paragraphs,’’. 

22 (c) SUBMISSION AND APPROVAL OF PLANS AND

23 PROJECTS.—Section 6(d) of the Dingell-Johnson Sport 

24 Fish Restoration Act (16 U.S.C. 777e(d)) is amended by 


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1 striking ‘‘for appropriations’’ and inserting ‘‘from appro2 priations’’. 

3 (d) UNEXPENDED OR UNOBLIGATED FUNDS.—Section 

4 8(b)(2) of the Dingell-Johnson Sport Fish Restoration Act 

5 (16 U.S.C. 777g(b)(2)) is amended by striking ‘‘57 percent’’ 

6 and inserting ‘‘58.012 percent’’. 

7 (e) COOPERATION.—Section 12 of the Dingell-Johnson 

8 Sport Fish Restoration Act (16 U.S.C. 777k) is amended— 

9 (1) by striking ‘‘57 percent’’ and inserting 

10 ‘‘58.012 percent’’; and 

11 (2) by striking ‘‘under section 4(b)’’ and insert12 ing ‘‘under section 4(c)’’. 

13 (f) OTHER ACTIVITIES.—Section 14 of the Dingell14 Johnson Sport Fish Restoration Act (16 U.S.C. 777m) is 

15 amended— 

16 (1) in subsection (a)(1), by striking ‘‘of each an17 nual appropriation made in accordance with the pro18 visions of section 3’’; and 

19 (2) in subsection (e)— 

20 (A) in the matter preceding paragraph (1) 

21 by striking ‘‘Of amounts made available under 

22 section 4(b) for each fiscal year—’’ and inserting 

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1 sions of section 3 shall be distributed to the Sec2 retary of the Interior for use as follows:’’; and 

3 (B) in paragraph (1)(D) by striking ‘‘; 

4 and’’ and inserting a period. 

5 (g) REPEAL.—The Dingell-Johnson Sport Fish Res6 toration Act (16 U.S.C. 777 et seq.) is amended— 

7 (1) by striking section 15; and 

8 (2) by redesignating section 16 as section 15. 

9 SEC. 10002. RECREATIONAL BOATING SAFETY. 

10 Section 13107 of title 46, United States Code, is 

11 amended— 

12 (1) in subsection (a)— 

13 (A) by striking ‘‘(1) Subject to paragraph 

14 (2) and subsection (c),’’ and inserting ‘‘Subject 

15 to subsection (c),’’; 

16 (B) by striking ‘‘the sum of (A) the amount 

17 made available from the Boat Safety Account for 

18 that fiscal year under section 15 of the Dingell19 Johnson Sport Fish Restoration Act and (B)’’; 

20 and 

21 (C) by striking paragraph (2); and 

22 (2) in subsection (c)— 

23 (A) by striking the subsection designation 

24 and paragraph (1) and inserting the following: 


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1 ‘‘(c)(1)(A) The Secretary may use amounts made 

2 available each fiscal year under section 4(b)(2) of the Din3 gell-Johnson Sport Fish Restoration Act (16 U.S.C. 

4 777c(b)(2)) for payment of expenses of the Coast Guard for 

5 investigations, personnel, and activities directly related 

6 to— 

7 ‘‘(i) administering State recreational boating 

8 safety programs under this chapter; or 

9 ‘‘(ii) coordinating or carrying out the national 

10 recreational boating safety program under this title. 

11 ‘‘(B) Of the amounts used by the Secretary each fiscal 

12 year under subparagraph (A)— 

13 ‘‘(i) not less than $2,000,000 is available to en14 sure compliance with chapter 43 of this title; and 

15 ‘‘(ii) not more than $1,500,000 is available to 

16 conduct a survey of levels of recreational boating par17 ticipation and related matters in the United States.’’; 

18 and 

19 (B) in paragraph (2)— 

20 (i) by striking ‘‘No funds’’ and insert21 ing ‘‘On and after October 1, 2016, no 

22 funds’’; and 

23 (ii) by striking ‘‘traditionally’’. 


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Union Calendar No. 241 

114TH CONGRESS 

1ST SESSION H. R. 3763 

[Report No. 114–318] 

A BILL 

To authorize funds for Federal-aid highways, highfor other purposes. way safety programs, and transit programs, and 

OCTOBER 29, 2015 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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