PUBLIC LAW 114–94—DEC. 4, 2015 

FIXING AMERICA’S SURFACE 

TRANSPORTATION ACT 


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129 STAT. 1312 PUBLIC LAW 114–94—DEC. 4, 2015 

Public Law 114–94 

114th Congress 

An Act 

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

programs, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Fixing America’s Surface Transportation Act’’ or the ‘‘FAST Act’’. 

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

is as follows: 

Sec. 1. Short title; table of contents. 

DIVISION A—SURFACE TRANSPORTATION 

Sec. 1001. Definitions. 

Sec. 1002. Reconciliation of funds. 

Sec. 1003. Effective date. 

Sec. 1004. References. 

TITLE I—FEDERAL-AID HIGHWAYS 

Subtitle A—Authorizations and Programs 

Sec. 1101. Authorization of appropriations. 

Sec. 1102. Obligation ceiling. 

Sec. 1103. Definitions. 

Sec. 1104. Apportionment. 

Sec. 1105. Nationally significant freight and highway projects. 

Sec. 1106. National highway performance program. 

Sec. 1107. Emergency relief for federally owned roads. 

Sec. 1108. Railway-highway grade crossings. 

Sec. 1109. Surface transportation block grant program. 

Sec. 1110. Highway use tax evasion projects. 

Sec. 1111. Bundling of bridge projects. 

Sec. 1112. Construction of ferry boats and ferry terminal facilities. 

Sec. 1113. Highway safety improvement program. 

Sec. 1114. Congestion mitigation and air quality improvement program. 

Sec. 1115. Territorial and Puerto Rico highway program. 

Sec. 1116. National highway freight program. 

Sec. 1117. Federal lands and tribal transportation programs. 

Sec. 1118. Tribal transportation program amendment. 

Sec. 1119. Federal lands transportation program. 

Sec. 1120. Federal lands programmatic activities. 

Sec. 1121. Tribal transportation self-governance program. 

Sec. 1122. State flexibility for National Highway System modifications. 

Sec. 1123. Nationally significant Federal lands and tribal projects program. 

Subtitle B—Planning and Performance Management 

Sec. 1201. Metropolitan transportation planning. 

Sec. 1202. Statewide and nonmetropolitan transportation planning. 

Subtitle C—Acceleration of Project Delivery 

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

Fixing America’s 

Surface 

Transportation 

Act. 

23 USC 101 note. 

Dec. 4, 2015 

[H.R. 22] 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1313 

Sec. 1302. Clarification of transportation environmental authorities. 

Sec. 1303. Treatment of certain bridges under preservation requirements. 

Sec. 1304. Efficient environmental reviews for project decisionmaking. 

Sec. 1305. Integration of planning and environmental review. 

Sec. 1306. Development of programmatic mitigation plans. 

Sec. 1307. Technical assistance for States. 

Sec. 1308. Surface transportation project delivery program. 

Sec. 1309. Program for eliminating duplication of environmental reviews. 

Sec. 1310. Application of categorical exclusions for multimodal projects. 

Sec. 1311. Accelerated decisionmaking in environmental reviews. 

Sec. 1312. Improving State and Federal agency engagement in environmental reviews. 

Sec. 1313. Aligning Federal environmental reviews. 

Sec. 1314. Categorical exclusion for projects of limited Federal assistance. 

Sec. 1315. Programmatic agreement template. 

Sec. 1316. Assumption of authorities. 

Sec. 1317. Modernization of the environmental review process. 

Sec. 1318. Assessment of progress on accelerating project delivery. 

Subtitle D—Miscellaneous 

Sec. 1401. Prohibition on the use of funds for automated traffic enforcement. 

Sec. 1402. Highway Trust Fund transparency and accountability. 

Sec. 1403. Additional deposits into Highway Trust Fund. 

Sec. 1404. Design standards. 

Sec. 1405. Justification reports for access points on the Interstate System. 

Sec. 1406. Performance period adjustment. 

Sec. 1407. Vehicle-to-infrastructure equipment. 

Sec. 1408. Federal share payable. 

Sec. 1409. Milk products. 

Sec. 1410. Interstate weight limits. 

Sec. 1411. Tolling; HOV facilities; Interstate reconstruction and rehabilitation. 

Sec. 1412. Projects for public safety relating to idling trains. 

Sec. 1413. National electric vehicle charging and hydrogen, propane, and natural 

gas fueling corridors. 

Sec. 1414. Repeat offender criteria. 

Sec. 1415. Administrative provisions to encourage pollinator habitat and forage on 

transportation rights-of-way. 

Sec. 1416. High priority corridors on National Highway System. 

Sec. 1417. Work zone and guard rail safety training. 

Sec. 1418. Consolidation of programs. 

Sec. 1419. Elimination or modification of certain reporting requirements. 

Sec. 1420. Flexibility for projects. 

Sec. 1421. Productive and timely expenditure of funds. 

Sec. 1422. Study on performance of bridges. 

Sec. 1423. Relinquishment of park-and-ride lot facilities. 

Sec. 1424. Pilot program. 

Sec. 1425. Service club, charitable association, or religious service signs. 

Sec. 1426. Motorcyclist advisory council. 

Sec. 1427. Highway work zones. 

Sec. 1428. Use of durable, resilient, and sustainable materials and practices. 

Sec. 1429. Identification of roadside highway safety hardware devices. 

Sec. 1430. Use of modeling and simulation technology. 

Sec. 1431. National Advisory Committee on Travel and Tourism Infrastructure. 

Sec. 1432. Emergency exemptions. 

Sec. 1433. Report on Highway Trust Fund administrative expenditures. 

Sec. 1434. Availability of reports. 

Sec. 1435. Appalachian development highway system. 

Sec. 1436. Appalachian regional development program. 

Sec. 1437. Border State infrastructure. 

Sec. 1438. Adjustments. 

Sec. 1439. Elimination of barriers to improve at-risk bridges. 

Sec. 1440. At-risk project preagreement authority. 

Sec. 1441. Regional infrastructure accelerator demonstration program. 

Sec. 1442. Safety for users. 

Sec. 1443. Sense of Congress. 

Sec. 1444. Every Day Counts initiative. 

Sec. 1445. Water infrastructure finance and innovation. 

Sec. 1446. Technical corrections. 

TITLE II—INNOVATIVE PROJECT FINANCE 

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

amendments. 


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129 STAT. 1314 PUBLIC LAW 114–94—DEC. 4, 2015 

Sec. 2002. Availability payment concession model. 

TITLE III—PUBLIC TRANSPORTATION 

Sec. 3001. Short title. 

Sec. 3002. Definitions. 

Sec. 3003. Metropolitan and statewide transportation planning. 

Sec. 3004. Urbanized area formula grants. 

Sec. 3005. Fixed guideway capital investment grants. 

Sec. 3006. Enhanced mobility of seniors and individuals with disabilities. 

Sec. 3007. Formula grants for rural areas. 

Sec. 3008. Public transportation innovation. 

Sec. 3009. Technical assistance and workforce development. 

Sec. 3010. Private sector participation. 

Sec. 3011. General provisions. 

Sec. 3012. Project management oversight. 

Sec. 3013. Public transportation safety program. 

Sec. 3014. Apportionments. 

Sec. 3015. State of good repair grants. 

Sec. 3016. Authorizations. 

Sec. 3017. Grants for buses and bus facilities. 

Sec. 3018. Obligation ceiling. 

Sec. 3019. Innovative procurement. 

Sec. 3020. Review of public transportation safety standards. 

Sec. 3021. Study on evidentiary protection for public transportation safety program 

information. 

Sec. 3022. Improved public transportation safety measures. 

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

Sec. 3024. Report on potential of Internet of Things. 

Sec. 3025. Report on parking safety. 

Sec. 3026. Appointment of directors of Washington Metropolitan Area Transit Authority. 

Sec. 3027. Effectiveness of public transportation changes and funding. 

Sec. 3028. Authorization of grants for positive train control. 

Sec. 3029. Amendment to title 5. 

Sec. 3030. Technical and conforming changes. 

TITLE IV—HIGHWAY TRAFFIC SAFETY 

Sec. 4001. Authorization of appropriations. 

Sec. 4002. Highway safety programs. 

Sec. 4003. Highway safety research and development. 

Sec. 4004. High-visibility enforcement program. 

Sec. 4005. National priority safety programs. 

Sec. 4006. Tracking process. 

Sec. 4007. Stop motorcycle checkpoint funding. 

Sec. 4008. Marijuana-impaired driving. 

Sec. 4009. Increasing public awareness of the dangers of drug-impaired driving. 

Sec. 4010. National priority safety program grant eligibility. 

Sec. 4011. Data collection. 

Sec. 4012. Study on the national roadside survey of alcohol and drug use by drivers. 

Sec. 4013. Barriers to data collection report. 

Sec. 4014. Technical corrections. 

Sec. 4015. Effective date for certain programs. 

TITLE V—MOTOR CARRIER SAFETY 

Subtitle A—Motor Carrier Safety Grant Consolidation 

Sec. 5101. Grants to States. 

Sec. 5102. Performance and registration information systems management. 

Sec. 5103. Authorization of appropriations. 

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

Sec. 5105. Extension of Federal motor carrier safety programs for fiscal year 2016. 

Sec. 5106. Motor carrier safety assistance program allocation. 

Sec. 5107. Maintenance of effort calculation. 

Subtitle B—Federal Motor Carrier Safety Administration Reform 

PART I—REGULATORY REFORM

Sec. 5201. Notice of cancellation of insurance. 

Sec. 5202. Regulations. 

Sec. 5203. Guidance. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1315 

Sec. 5204. Petitions. 

Sec. 5205. Inspector standards. 

Sec. 5206. Applications. 

PART II—COMPLIANCE, SAFETY, ACCOUNTABILITY REFORM

Sec. 5221. Correlation study. 

Sec. 5222. Beyond compliance. 

Sec. 5223. Data certification. 

Sec. 5224. Data improvement. 

Sec. 5225. Accident review. 

Subtitle C—Commercial Motor Vehicle Safety 

Sec. 5301. Windshield technology. 

Sec. 5302. Prioritizing statutory rulemakings. 

Sec. 5303. Safety reporting system. 

Sec. 5304. New entrant safety review program. 

Sec. 5305. High risk carrier reviews. 

Sec. 5306. Post-accident report review. 

Sec. 5307. Implementing safety requirements. 

Subtitle D—Commercial Motor Vehicle Drivers 

Sec. 5401. Opportunities for veterans. 

Sec. 5402. Drug-free commercial drivers. 

Sec. 5403. Medical certification of veterans for commercial driver’s licenses. 

Sec. 5404. Commercial driver pilot program. 

Subtitle E—General Provisions 

Sec. 5501. Delays in goods movement. 

Sec. 5502. Emergency route working group. 

Sec. 5503. Household goods consumer protection working group. 

Sec. 5504. Technology improvements. 

Sec. 5505. Notification regarding motor carrier registration. 

Sec. 5506. Report on commercial driver’s license skills test delays. 

Sec. 5507. Electronic logging device requirements. 

Sec. 5508. Technical corrections. 

Sec. 5509. Minimum financial responsibility. 

Sec. 5510. Safety study regarding double-decker motorcoaches. 

Sec. 5511. GAO review of school bus safety. 

Sec. 5512. Access to National Driver Register. 

Sec. 5513. Report on design and implementation of wireless roadside inspection 

systems. 

Sec. 5514. Regulation of tow truck operations. 

Sec. 5515. Study on commercial motor vehicle driver commuting. 

Sec. 5516. Additional State authority. 

Sec. 5517. Report on motor carrier financial responsibility. 

Sec. 5518. Covered farm vehicles. 

Sec. 5519. Operators of hi-rail vehicles. 

Sec. 5520. Automobile transporter. 

Sec. 5521. Ready mix concrete delivery vehicles. 

Sec. 5522. Transportation of construction materials and equipment. 

Sec. 5523. Commercial delivery of light- and medium-duty trailers. 

Sec. 5524. Exemptions from requirements for certain welding trucks used in pipeline industry. 

Sec. 5525. Report. 

TITLE VI—INNOVATION 

Sec. 6001. Short title. 

Sec. 6002. Authorization of appropriations. 

Sec. 6003. Technology and innovation deployment program. 

Sec. 6004. Advanced transportation and congestion management technologies deployment. 

Sec. 6005. Intelligent transportation system goals. 

Sec. 6006. Intelligent transportation system purposes. 

Sec. 6007. Intelligent transportation system program report. 

Sec. 6008. Intelligent transportation system national architecture and standards. 

Sec. 6009. Communication systems deployment report. 

Sec. 6010. Infrastructure development. 

Sec. 6011. Departmental research programs. 

Sec. 6012. Research and Innovative Technology Administration. 

Sec. 6013. Web-based training for emergency responders. 


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129 STAT. 1316 PUBLIC LAW 114–94—DEC. 4, 2015 

Sec. 6014. Hazardous materials research and development. 

Sec. 6015. Office of Intermodalism. 

Sec. 6016. University transportation centers. 

Sec. 6017. Bureau of Transportation Statistics. 

Sec. 6018. Port performance freight statistics program. 

Sec. 6019. Research planning. 

Sec. 6020. Surface transportation system funding alternatives. 

Sec. 6021. Future interstate study. 

Sec. 6022. Highway efficiency. 

Sec. 6023. Transportation technology policy working group. 

Sec. 6024. Collaboration and support. 

Sec. 6025. GAO report. 

Sec. 6026. Traffic congestion. 

Sec. 6027. Smart cities transportation planning study. 

Sec. 6028. Performance management data support program. 

TITLE VII—HAZARDOUS MATERIALS TRANSPORTATION 

Sec. 7001. Short title. 

Subtitle A—Authorizations 

Sec. 7101. Authorization of appropriations. 

Subtitle B—Hazardous Material Safety and Improvement 

Sec. 7201. National emergency and disaster response. 

Sec. 7202. Motor carrier safety permits. 

Sec. 7203. Improving the effectiveness of planning and training grants. 

Sec. 7204. Improving publication of special permits and approvals. 

Sec. 7205. Enhanced reporting. 

Sec. 7206. Wetlines. 

Sec. 7207. GAO study on acceptance of classification examinations. 

Sec. 7208. Hazardous materials endorsement exemption. 

Subtitle C—Safe Transportation of Flammable Liquids by Rail 

Sec. 7301. Community safety grants. 

Sec. 7302. Real-time emergency response information. 

Sec. 7303. Emergency response. 

Sec. 7304. Phase-out of all tank cars used to transport Class 3 flammable liquids. 

Sec. 7305. Thermal blankets. 

Sec. 7306. Minimum requirements for top fittings protection for class DOT–117R 

tank cars. 

Sec. 7307. Rulemaking on oil spill response plans. 

Sec. 7308. Modification reporting. 

Sec. 7309. Report on crude oil characteristics research study. 

Sec. 7310. Hazardous materials by rail liability study. 

Sec. 7311. Study and testing of electronically controlled pneumatic brakes. 

TITLE VIII—MULTIMODAL FREIGHT TRANSPORTATION 

Sec. 8001. Multimodal freight transportation. 

TITLE IX—NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE 

FINANCE BUREAU 

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

Sec. 9002. Council on Credit and Finance. 

TITLE X—SPORT FISH RESTORATION AND RECREATIONAL BOATING 

SAFETY 

Sec. 10001. Allocations. 

Sec. 10002. Recreational boating safety. 

TITLE XI—RAIL 

Sec. 11001. Short title. 

Subtitle A—Authorizations 

Sec. 11101. Authorization of grants to Amtrak. 

Sec. 11102. Consolidated rail infrastructure and safety improvements. 

Sec. 11103. Federal-State partnership for state of good repair. 

Sec. 11104. Restoration and enhancement grants. 

Sec. 11105. Authorization of appropriations for Amtrak Office of Inspector General. 

Sec. 11106. Definitions. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1317 

Subtitle B—Amtrak Reforms 

Sec. 11201. Accounts. 

Sec. 11202. Amtrak grant process. 

Sec. 11203. 5-year business line and asset plans. 

Sec. 11204. State-supported route committee. 

Sec. 11205. Composition of Amtrak’s Board of Directors. 

Sec. 11206. Route and service planning decisions. 

Sec. 11207. Food and beverage reform. 

Sec. 11208. Rolling stock purchases. 

Sec. 11209. Local products and promotional events. 

Sec. 11210. Amtrak pilot program for passengers transporting domesticated cats 

and dogs. 

Sec. 11211. Right-of-way leveraging. 

Sec. 11212. Station development. 

Sec. 11213. Amtrak boarding procedures. 

Sec. 11214. Amtrak debt. 

Sec. 11215. Elimination of duplicative reporting. 

Subtitle C—Intercity Passenger Rail Policy 

Sec. 11301. Consolidated rail infrastructure and safety improvements. 

Sec. 11302. Federal-State partnership for state of good repair. 

Sec. 11303. Restoration and enhancement grants. 

Sec. 11304. Gulf Coast rail service working group. 

Sec. 11305. Northeast Corridor Commission. 

Sec. 11306. Northeast corridor planning. 

Sec. 11307. Competition. 

Sec. 11308. Performance-based proposals. 

Sec. 11309. Large capital project requirements. 

Sec. 11310. Small business participation study. 

Sec. 11311. Shared-use study. 

Sec. 11312. Northeast Corridor through-ticketing and procurement efficiencies. 

Sec. 11313. Data and analysis. 

Sec. 11314. Amtrak Inspector General. 

Sec. 11315. Miscellaneous provisions. 

Sec. 11316. Technical and conforming amendments. 

Subtitle D—Safety 

Sec. 11401. Highway-rail grade crossing safety. 

Sec. 11402. Private highway-rail grade crossings. 

Sec. 11403. Study on use of locomotive horns at highway-rail grade crossings. 

Sec. 11404. Positive train control at grade crossings effectiveness study. 

Sec. 11405. Bridge inspection reports. 

Sec. 11406. Speed limit action plans. 

Sec. 11407. Alerters. 

Sec. 11408. Signal protection. 

Sec. 11409. Commuter rail track inspections. 

Sec. 11410. Post-accident assessment. 

Sec. 11411. Recording devices. 

Sec. 11412. Railroad police officers. 

Sec. 11413. Repair and replacement of damaged track inspection equipment. 

Sec. 11414. Report on vertical track deflection. 

Sec. 11415. Rail passenger liability. 

Subtitle E—Project Delivery 

Sec. 11501. Short title. 

Sec. 11502. Treatment of improvements to rail and transit under preservation requirements. 

Sec. 11503. Efficient environmental reviews. 

Sec. 11504. Railroad rights-of-way. 

Subtitle F—Financing 

Sec. 11601. Short title; references. 

Sec. 11602. Definitions. 

Sec. 11603. Eligible applicants. 

Sec. 11604. Eligible purposes. 

Sec. 11605. Program administration. 

Sec. 11606. Loan terms and repayment. 

Sec. 11607. Credit risk premiums. 

Sec. 11608. Master credit agreements. 

Sec. 11609. Priorities and conditions. 


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129 STAT. 1318 PUBLIC LAW 114–94—DEC. 4, 2015 

Sec. 11610. Savings provisions. 

Sec. 11611. Report on leveraging RRIF. 

DIVISION B—COMPREHENSIVE TRANSPORTATION AND CONSUMER 

PROTECTION ACT OF 2015 

TITLE XXIV—MOTOR VEHICLE SAFETY 

Subtitle A—Vehicle Safety 

Sec. 24101. Authorization of appropriations. 

Sec. 24102. Inspector general recommendations. 

Sec. 24103. Improvements in availability of recall information. 

Sec. 24104. Recall process. 

Sec. 24105. Pilot grant program for state notification to consumers of motor vehicle 

recall status. 

Sec. 24106. Recall obligations under bankruptcy. 

Sec. 24107. Dealer requirement to check for open recall. 

Sec. 24108. Extension of time period for remedy of tire defects. 

Sec. 24109. Rental car safety. 

Sec. 24110. Increase in civil penalties for violations of motor vehicle safety. 

Sec. 24111. Electronic odometer disclosures. 

Sec. 24112. Corporate responsibility for NHTSA reports. 

Sec. 24113. Direct vehicle notification of recalls. 

Sec. 24114. Unattended children warning. 

Sec. 24115. Tire pressure monitoring system. 

Sec. 24116. Information regarding components involved in recall. 

Subtitle B—Research And Development And Vehicle Electronics 

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

Subtitle C—Miscellaneous Provisions 

PART I—DRIVER PRIVACY ACT OF 2015 

Sec. 24301. Short title. 

Sec. 24302. Limitations on data retrieval from vehicle event data recorders. 

Sec. 24303. Vehicle event data recorder study. 

PART II—SAFETY THROUGH INFORMED CONSUMERS ACT OF 2015 

Sec. 24321. Short title. 

Sec. 24322. Passenger motor vehicle information. 

PART III—TIRE EFFICIENCY, SAFETY, AND REGISTRATION ACT OF 2015 

Sec. 24331. Short title. 

Sec. 24332. Tire fuel efficiency minimum performance standards. 

Sec. 24333. Tire registration by independent sellers. 

Sec. 24334. Tire identification study and report. 

Sec. 24335. Tire recall database. 

PART IV—ALTERNATIVE FUEL VEHICLES 

Sec. 24341. Regulatory parity for natural gas vehicles. 

PART V—MOTOR VEHICLE SAFETY WHISTLEBLOWER ACT 

Sec. 24351. Short title. 

Sec. 24352. Motor vehicle safety whistleblower incentives and protections. 

Subtitle D—Additional Motor Vehicle Provisions 

Sec. 24401. Required reporting of NHTSA agenda. 

Sec. 24402. Application of remedies for defects and noncompliance. 

Sec. 24403. Retention of safety records by manufacturers. 

Sec. 24404. Nonapplication of prohibitions relating to noncomplying motor vehicles 

to vehicles used for testing or evaluation. 

Sec. 24405. Treatment of low-volume manufacturers. 

Sec. 24406. Motor vehicle safety guidelines. 

Sec. 24407. Improvement of data collection on child occupants in vehicle crashes. 

DIVISION C—FINANCE 

TITLE XXXI—HIGHWAY TRUST FUND AND RELATED TAXES 

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

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


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1319 

Sec. 31102. Extension of highway-related taxes. 

Subtitle B—Additional Transfers to Highway Trust Fund 

Sec. 31201. Further additional transfers to trust fund. 

Sec. 31202. Transfer to Highway Trust Fund of certain motor vehicle safety penalties. 

Sec. 31203. Appropriation from Leaking Underground Storage Tank Trust Fund. 

TITLE XXXII—OFFSETS 

Subtitle A—Tax Provisions 

Sec. 32101. Revocation or denial of passport in case of certain unpaid taxes. 

Sec. 32102. Reform of rules relating to qualified tax collection contracts. 

Sec. 32103. Special compliance personnel program. 

Sec. 32104. Repeal of modification of automatic extension of return due date for 

certain employee benefit plans. 

Subtitle B—Fees and Receipts 

Sec. 32201. Adjustment for inflation of fees for certain customs services. 

Sec. 32202. Limitation on surplus funds of Federal reserve banks. 

Sec. 32203. Dividends of Federal reserve banks. 

Sec. 32204. Strategic Petroleum Reserve drawdown and sale. 

Sec. 32205. Repeal. 

Subtitle C—Outlays 

Sec. 32301. Interest on overpayment. 

Subtitle D—Budgetary Effects 

Sec. 32401. Budgetary effects. 

DIVISION D—MISCELLANEOUS 

TITLE XLI—FEDERAL PERMITTING IMPROVEMENT 

Sec. 41001. Definitions. 

Sec. 41002. Federal Permitting Improvement Council. 

Sec. 41003. Permitting process improvement. 

Sec. 41004. Interstate compacts. 

Sec. 41005. Coordination of required reviews. 

Sec. 41006. Delegated State permitting programs. 

Sec. 41007. Litigation, judicial review, and savings provision. 

Sec. 41008. Reports. 

Sec. 41009. Funding for governance, oversight, and processing of environmental reviews and permits. 

Sec. 41010. Application. 

Sec. 41011. GAO Report. 

Sec. 41012. Savings provision. 

Sec. 41013. Sunset. 

Sec. 41014. Placement. 

TITLE XLII—ADDITIONAL PROVISIONS 

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

TITLE XLIII—PAYMENTS TO CERTIFIED STATES AND INDIAN TRIBES 

Sec. 43001. Payments from Abandoned Mine Reclamation Fund. 

DIVISION E—EXPORT-IMPORT BANK OF THE UNITED STATES 

Sec. 50001. Short title. 

TITLE LI—TAXPAYER PROTECTION PROVISIONS AND INCREASED 

ACCOUNTABILITY 

Sec. 51001. Reduction in authorized amount of outstanding loans, guarantees, and 

insurance. 

Sec. 51002. Increase in loss reserves. 

Sec. 51003. Review of fraud controls. 

Sec. 51004. Office of Ethics. 

Sec. 51005. Chief Risk Officer. 

Sec. 51006. Risk Management Committee. 

Sec. 51007. Independent audit of bank portfolio. 


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129 STAT. 1320 PUBLIC LAW 114–94—DEC. 4, 2015 

Sec. 51008. Pilot program for reinsurance. 

TITLE LII—PROMOTION OF SMALL BUSINESS EXPORTS 

Sec. 52001. Increase in small business lending requirements. 

Sec. 52002. Report on programs for small- and medium-sized businesses. 

TITLE LIII—MODERNIZATION OF OPERATIONS 

Sec. 53001. Electronic payments and documents. 

Sec. 53002. Reauthorization of information technology updating. 

TITLE LIV—GENERAL PROVISIONS 

Sec. 54001. Extension of authority. 

Sec. 54002. Certain updated loan terms and amounts. 

TITLE LV—OTHER MATTERS 

Sec. 55001. Prohibition on discrimination based on industry. 

Sec. 55002. Negotiations to end export credit financing. 

Sec. 55003. Study of financing for information and communications technology systems. 

DIVISION F—ENERGY SECURITY 

Sec. 61001. Emergency preparedness for energy supply disruptions. 

Sec. 61002. Resolving environmental and grid reliability conflicts. 

Sec. 61003. Critical electric infrastructure security. 

Sec. 61004. Strategic Transformer Reserve. 

Sec. 61005. Energy security valuation. 

DIVISION G—FINANCIAL SERVICES 

TITLE LXXI—IMPROVING ACCESS TO CAPITAL FOR EMERGING GROWTH 

COMPANIES 

Sec. 71001. Filing requirement for public filing prior to public offering. 

Sec. 71002. Grace period for change of status of emerging growth companies. 

Sec. 71003. Simplified disclosure requirements for emerging growth companies. 

TITLE LXXII—DISCLOSURE MODERNIZATION AND SIMPLIFICATION 

Sec. 72001. Summary page for form 10–K. 

Sec. 72002. Improvement of regulation S–K. 

Sec. 72003. Study on modernization and simplification of regulation S–K. 

TITLE LXXIII—BULLION AND COLLECTIBLE COIN PRODUCTION 

EFFICIENCY AND COST SAVINGS 

Sec. 73001. Technical corrections. 

Sec. 73002. American Eagle Silver Bullion 30th Anniversary. 

TITLE LXXIV—SBIC ADVISERS RELIEF 

Sec. 74001. Advisers of SBICs and venture capital funds. 

Sec. 74002. Advisers of SBICs and private funds. 

Sec. 74003. Relationship to State law. 

TITLE LXXV—ELIMINATE PRIVACY NOTICE CONFUSION 

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

TITLE LXXVI—REFORMING ACCESS FOR INVESTMENTS IN STARTUP 

ENTERPRISES 

Sec. 76001. Exempted transactions. 

TITLE LXXVII—PRESERVATION ENHANCEMENT AND SAVINGS 

OPPORTUNITY 

Sec. 77001. Distributions and residual receipts. 

Sec. 77002. Future refinancings. 

Sec. 77003. Implementation. 

TITLE LXXVIII—TENANT INCOME VERIFICATION RELIEF 

Sec. 78001. Reviews of family incomes. 

TITLE LXXIX—HOUSING ASSISTANCE EFFICIENCY 

Sec. 79001. Authority to administer rental assistance. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1321 

Sec. 79002. Reallocation of funds. 

TITLE LXXX—CHILD SUPPORT ASSISTANCE 

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

TITLE LXXXI—PRIVATE INVESTMENT IN HOUSING 

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

TITLE LXXXII—CAPITAL ACCESS FOR SMALL COMMUNITY FINANCIAL 

INSTITUTIONS 

Sec. 82001. Privately insured credit unions authorized to become members of a 

Federal home loan bank. 

Sec. 82002. GAO Report. 

TITLE LXXXIII—SMALL BANK EXAM CYCLE REFORM 

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

TITLE LXXXIV—SMALL COMPANY SIMPLE REGISTRATION 

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

TITLE LXXXV—HOLDING COMPANY REGISTRATION THRESHOLD 

EQUALIZATION 

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

TITLE LXXXVI—REPEAL OF INDEMNIFICATION REQUIREMENTS 

Sec. 86001. Repeal. 

TITLE LXXXVII—TREATMENT OF DEBT OR EQUITY INSTRUMENTS OF 

SMALLER INSTITUTIONS 

Sec. 87001. Date for determining consolidated assets. 

TITLE LXXXVIII—STATE LICENSING EFFICIENCY 

Sec. 88001. Short title. 

Sec. 88002. Background checks. 

TITLE LXXXIX—HELPING EXPAND LENDING PRACTICES IN RURAL 

COMMUNITIES 

Sec. 89001. Short title. 

Sec. 89002. Designation of rural area. 

Sec. 89003. Operations in rural areas. 

DIVISION A—SURFACE 

TRANSPORTATION 

SEC. 1001. DEFINITIONS. 

In this division, the following definitions apply: 

(1) DEPARTMENT.—The term ‘‘Department’’ means the 

Department of Transportation. 

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

of Transportation. 

SEC. 1002. RECONCILIATION OF FUNDS. 

The Secretary shall reduce the amount apportioned or allocated 

for a program, project, or activity under titles I and VI of this 

Act in fiscal year 2016 by amounts apportioned or allocated pursuant to any extension Act of MAP–21, including the amendments 

made by that extension Act, during the period beginning on October 

1, 2015, and ending on the date of enactment of this Act. For 

purposes of making such reductions, funds set aside pursuant to 

section 133(h) of title 23, United States Code, as amended by 

23 USC 101 note. 


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129 STAT. 1322 PUBLIC LAW 114–94—DEC. 4, 2015 

this Act, shall be reduced by the amount set aside pursuant to 

section 213 of such title, as in effect on the day before the date 

of enactment of this Act. 

SEC. 1003. EFFECTIVE DATE. 

Except as otherwise provided, this division, including the 

amendments made by this division, takes effect on October 1, 2015. 

SEC. 1004. REFERENCES. 

Except as expressly provided otherwise, any reference to ‘‘this 

Act’’ contained in this division shall be treated as referring only 

to the provisions of this division. 

TITLE I—FEDERAL-AID HIGHWAYS 

Subtitle A—Authorizations and Programs 

SEC. 1101. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—The following sums are authorized to be 

appropriated out of the Highway Trust Fund (other than the Mass 

Transit Account): 

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

highway performance program under section 119 of title 23, 

United States Code, the surface transportation block grant 

program under section 133 of that title, the highway safety 

improvement program under section 148 of that title, the 

congestion mitigation and air quality improvement program 

under section 149 of that title, the national highway freight 

program under section 167 of that title, and to carry out section 

134 of that title— 

(A) $39,727,500,000 for fiscal year 2016; 

(B) $40,547,805,000 for fiscal year 2017; 

(C) $41,424,020,075 for fiscal year 2018; 

(D) $42,358,903,696 for fiscal year 2019; and 

(E) $43,373,294,311 for fiscal year 2020. 

(2) TRANSPORTATION INFRASTRUCTURE FINANCE AND

INNOVATION PROGRAM.—For credit assistance under the 

transportation infrastructure finance and innovation program 

under chapter 6 of title 23, United States Code— 

(A) $275,000,000 for fiscal year 2016; 

(B) $275,000,000 for fiscal year 2017; 

(C) $285,000,000 for fiscal year 2018; 

(D) $300,000,000 for fiscal year 2019; and 

(E) $300,000,000 for fiscal year 2020. 

(3) FEDERAL LANDS AND TRIBAL TRANSPORTATION PROGRAMS.— 

(A) TRIBAL TRANSPORTATION PROGRAM.—For the tribal 

transportation program under section 202 of title 23, 

United States Code— 

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

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

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

(iv) $495,000,000 for fiscal year 2019; and 

(v) $505,000,000 for fiscal year 2020. 

(B) FEDERAL LANDS TRANSPORTATION PROGRAM.— 

1 USC 1 note. 

5 USC 5313 note. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1323 

(i) IN GENERAL.—For the Federal lands transportation program under section 203 of title 23, United 

States Code— 

(I) $335,000,000 for fiscal year 2016; 

(II) $345,000,000 for fiscal year 2017; 

(III) $355,000,000 for fiscal year 2018; 

(IV) $365,000,000 for fiscal year 2019; and 

(V) $375,000,000 for fiscal year 2020. 

(ii) ALLOCATION.—Of the amount made available 

for a fiscal year under clause (i)— 

(I) the amount for the National Park Service 

is— 

(aa) $268,000,000 for fiscal year 2016; 

(bb) $276,000,000 for fiscal year 2017; 

(cc) $284,000,000 for fiscal year 2018; 

(dd) $292,000,000 for fiscal year 2019; and 

(ee) $300,000,000 for fiscal year 2020. 

(II) the amount for the United States Fish 

and Wildlife Service is $30,000,000 for each of 

fiscal years 2016 through 2020; and 

(III) the amount for the United States Forest 

Service is— 

(aa) $15,000,000 for fiscal year 2016; 

(bb) $16,000,000 for fiscal year 2017; 

(cc) $17,000,000 for fiscal year 2018; 

(dd) $18,000,000 for fiscal year 2019; and 

(ee) $19,000,000 for fiscal year 2020. 

(C) FEDERAL LANDS ACCESS PROGRAM.—For the Federal 

lands access program under section 204 of title 23, United 

States Code— 

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

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

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

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

(v) $270,000,000 for fiscal year 2020. 

(4) TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.— 

For the territorial and Puerto Rico highway program under 

section 165 of title 23, United States Code, $200,000,000 for 

each of fiscal years 2016 through 2020. 

(5) NATIONALLY SIGNIFICANT FREIGHT AND HIGHWAY

PROJECTS.—For nationally significant freight and highway 

projects under section 117 of title 23, United States Code— 

(A) $800,000,000 for fiscal year 2016; 

(B) $850,000,000 for fiscal year 2017; 

(C) $900,000,000 for fiscal year 2018; 

(D) $950,000,000 for fiscal year 2019; and 

(E) $1,000,000,000 for fiscal year 2020. 

(b) DISADVANTAGED BUSINESS ENTERPRISES.— 

(1) FINDINGS.—Congress finds that— 

(A) while significant progress has occurred due to the 

establishment of the disadvantaged business enterprise 

program, discrimination and related barriers continue to 

pose significant obstacles for minority- and women-owned 

businesses seeking to do business in federally assisted surface transportation markets across the United States; 

23 USC 101 note. 


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129 STAT. 1324 PUBLIC LAW 114–94—DEC. 4, 2015 

(B) the continuing barriers described in subparagraph 

(A) merit the continuation of the disadvantaged business 

enterprise program; 

(C) Congress has received and reviewed testimony and 

documentation of race and gender discrimination from 

numerous sources, including congressional hearings and 

roundtables, scientific reports, reports issued by public and 

private agencies, news stories, reports of discrimination 

by organizations and individuals, and discrimination lawsuits, which show that race- and gender-neutral efforts 

alone are insufficient to address the problem; 

(D) the testimony and documentation described in 

subparagraph (C) demonstrate that discrimination across 

the United States poses a barrier to full and fair participation in surface transportation-related businesses of women 

business owners and minority business owners and has 

impacted firm development and many aspects of surface 

transportation-related business in the public and private 

markets; and 

(E) the testimony and documentation described in 

subparagraph (C) provide a strong basis that there is a 

compelling need for the continuation of the disadvantaged 

business enterprise program to address race and gender 

discrimination in surface transportation-related business. 

(2) DEFINITIONS.—In this subsection, the following definitions apply: 

(A) SMALL BUSINESS CONCERN.— 

(i) IN GENERAL.—The term ‘‘small business concern’’ means a small business concern (as the term 

is used in section 3 of the Small Business Act (15 

U.S.C. 632)). 

(ii) EXCLUSIONS.—The term ‘‘small business concern’’ does not include any concern or group of concerns 

controlled by the same socially and economically disadvantaged individual or individuals that have average 

annual gross receipts during the preceding 3 fiscal 

years in excess of $23,980,000, as adjusted annually 

by the Secretary for inflation. 

(B) SOCIALLY AND ECONOMICALLY DISADVANTAGED

INDIVIDUALS.—The term ‘‘socially and economically disadvantaged individuals’’ has the meaning given the term 

in section 8(d) of the Small Business Act (15 U.S.C. 637(d)) 

and relevant subcontracting regulations issued pursuant 

to that Act, except that women shall be presumed to be 

socially and economically disadvantaged individuals for 

purposes of this subsection. 

(3) AMOUNTS FOR SMALL BUSINESS CONCERNS.—Except to 

the extent that the Secretary determines otherwise, not less 

than 10 percent of the amounts made available for any program 

under titles I, II, III, and VI of this Act and section 403 

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

small business concerns owned and controlled by socially and 

economically disadvantaged individuals. 

(4) ANNUAL LISTING OF DISADVANTAGED BUSINESS ENTERPRISES.—Each State shall annually— 

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

concerns referred to in paragraph (3) in the State, including 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1325 

the location of the small business concerns in the State; 

and 

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

of the small business concerns that are controlled by— 

(i) women; 

(ii) socially and economically disadvantaged 

individuals (other than women); and 

(iii) individuals who are women and are otherwise 

socially and economically disadvantaged individuals. 

(5) UNIFORM CERTIFICATION.— 

(A) IN GENERAL.—The Secretary shall establish minimum uniform criteria for use by State governments in 

certifying whether a concern qualifies as a small business 

concern for the purpose of this subsection. 

(B) INCLUSIONS.—The minimum uniform criteria established under subparagraph (A) shall include, with respect 

to a potential small business concern— 

(i) on-site visits; 

(ii) personal interviews with personnel; 

(iii) issuance or inspection of licenses; 

(iv) analyses of stock ownership; 

(v) listings of equipment; 

(vi) analyses of bonding capacity; 

(vii) listings of work completed; 

(viii) examination of the resumes of principal 

owners; 

(ix) analyses of financial capacity; and 

(x) analyses of the type of work preferred. 

(6) REPORTING.—The Secretary shall establish minimum 

requirements for use by State governments in reporting to 

the Secretary— 

(A) information concerning disadvantaged business 

enterprise awards, commitments, and achievements; and 

(B) such other information as the Secretary determines 

to be appropriate for the proper monitoring of the disadvantaged business enterprise program. 

(7) COMPLIANCE WITH COURT ORDERS.—Nothing in this subsection limits the eligibility of an individual or entity to receive 

funds made available under titles I, II, III, and VI of this 

Act and section 403 of title 23, United States Code, if the 

entity or person is prevented, in whole or in part, from complying with paragraph (3) because a Federal court issues a 

final order in which the court finds that a requirement or 

the implementation of paragraph (3) is unconstitutional. 

(8) SENSE OF CONGRESS ON PROMPT PAYMENT OF DBE SUBCONTRACTORS.—It is the sense of Congress that— 

(A) the Secretary should take additional steps to ensure 

that recipients comply with section 26.29 of title 49, Code 

of Federal Regulations (the disadvantaged business enterprises prompt payment rule), or any corresponding regulation, in awarding federally funded transportation contracts 

under laws and regulations administered by the Secretary; 

and 

(B) such additional steps should include increasing 

the Department’s ability to track and keep records of complaints and to make that information publicly available. 


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129 STAT. 1326 PUBLIC LAW 114–94—DEC. 4, 2015 

SEC. 1102. OBLIGATION CEILING. 

(a) GENERAL LIMITATION.—Subject to subsection (e), and notwithstanding any other provision of law, the obligations for Federalaid highway and highway safety construction programs shall not 

exceed— 

(1) $42,361,000,000 for fiscal year 2016; 

(2) $43,266,100,000 for fiscal year 2017; 

(3) $44,234,212,000 for fiscal year 2018; 

(4) $45,268,596,000 for fiscal year 2019; and 

(5) $46,365,092,000 for fiscal year 2020. 

(b) EXCEPTIONS.—The limitations under subsection (a) shall 

not apply to obligations under or for— 

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

(2) section 147 of the Surface Transportation Assistance 

Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714); 

(3) section 9 of the Federal-Aid Highway Act of 1981 (95 

Stat. 1701); 

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

Transportation Assistance Act of 1982 (96 Stat. 2119); 

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

Transportation and Uniform Relocation Assistance Act of 1987 

(101 Stat. 198); 

(6) sections 1103 through 1108 of the Intermodal Surface 

Transportation Efficiency Act of 1991 (105 Stat. 2027); 

(7) section 157 of title 23, United States Code (as in effect 

on June 8, 1998); 

(8) section 105 of title 23, United States Code (as in effect 

for fiscal years 1998 through 2004, but only in an amount 

equal to $639,000,000 for each of those fiscal years); 

(9) Federal-aid highway programs for which obligation 

authority was made available under the Transportation Equity 

Act for the 21st Century (112 Stat. 107) or subsequent Acts 

for multiple years or to remain available until expended, but 

only to the extent that the obligation authority has not lapsed 

or been used; 

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

effect for fiscal years 2005 through 2012, but only in an amount 

equal to $639,000,000 for each of those fiscal years); 

(11) section 1603 of SAFETEA–LU (23 U.S.C. 118 note; 

119 Stat. 1248), to the extent that funds obligated in accordance 

with that section were not subject to a limitation on obligations 

at the time at which the funds were initially made available 

for obligation; 

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

effect for fiscal years 2013 through 2015, but only in an amount 

equal to $639,000,000 for each of those fiscal years); and 

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

fiscal years 2016 through 2020, only in an amount equal to 

$639,000,000 for each of those fiscal years). 

(c) DISTRIBUTION OF OBLIGATION AUTHORITY.—For each of fiscal 

years 2016 through 2020, the Secretary— 

(1) shall not distribute obligation authority provided by 

subsection (a) for the fiscal year for— 

(A) amounts authorized for administrative expenses 

and programs by section 104(a) of title 23, United States 

Code; and 

23 USC 104 note. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1327 

(B) amounts authorized for the Bureau of Transportation Statistics; 

(2) shall not distribute an amount of obligation authority 

provided by subsection (a) that is equal to the unobligated 

balance of amounts— 

(A) made available from the Highway Trust Fund 

(other than the Mass Transit Account) for Federal-aid highway and highway safety construction programs for previous 

fiscal years the funds for which are allocated by the Secretary (or apportioned by the Secretary under section 202 

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

(B) for which obligation authority was provided in a 

previous fiscal year; 

(3) shall determine the proportion that— 

(A) the obligation authority provided by subsection (a) 

for the fiscal year, less the aggregate of amounts not distributed under paragraphs (1) and (2) of this subsection; bears 

to 

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

for the Federal-aid highway and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs (1) 

through (12) of subsection (b) and sums authorized to be 

appropriated for section 119 of title 23, United States Code, 

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

the fiscal year), less the aggregate of the amounts not 

distributed under paragraphs (1) and (2) of this subsection; 

(4) shall distribute the obligation authority provided by 

subsection (a), less the aggregate amounts not distributed under 

paragraphs (1) and (2), for each of the programs (other than 

programs to which paragraph (1) applies) that are allocated 

by the Secretary under this Act and title 23, United States 

Code, or apportioned by the Secretary under sections 202 or 

204 of that title, by multiplying— 

(A) the proportion determined under paragraph (3); 

by 

(B) the amounts authorized to be appropriated for each 

such program for the fiscal year; and 

(5) shall distribute the obligation authority provided by 

subsection (a), less the aggregate amounts not distributed under 

paragraphs (1) and (2) and the amounts distributed under 

paragraph (4), for Federal-aid highway and highway safety 

construction programs that are apportioned by the Secretary 

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

apportioned for the national highway performance program 

in section 119 of title 23, United States Code, that are exempt 

from the limitation under subsection (b)(13) and the amounts 

apportioned under sections 202 and 204 of that title) in the 

proportion that— 

(A) amounts authorized to be appropriated for the programs that are apportioned under title 23, United States 

Code, to each State for the fiscal year; bears to 

(B) the total of the amounts authorized to be appropriated for the programs that are apportioned under title 

23, United States Code, to all States for the fiscal year. 


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129 STAT. 1328 PUBLIC LAW 114–94—DEC. 4, 2015 

(d) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY.—Notwithstanding subsection (c), the Secretary shall, after August 1 

of each of fiscal years 2016 through 2020— 

(1) revise a distribution of the obligation authority made 

available under subsection (c) if an amount distributed cannot 

be obligated during that fiscal year; and 

(2) redistribute sufficient amounts to those States able 

to obligate amounts in addition to those previously distributed 

during that fiscal year, giving priority to those States having 

large unobligated balances of funds apportioned under sections 

144 (as in effect on the day before the date of enactment 

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

States Code. 

(e) APPLICABILITY OF OBLIGATION LIMITATIONS TO TRANSPORTATION RESEARCH PROGRAMS.— 

(1) IN GENERAL.—Except as provided in paragraph (2), 

obligation limitations imposed by subsection (a) shall apply 

to contract authority for transportation research programs carried out under— 

(A) chapter 5 of title 23, United States Code; and 

(B) title VI of this Act. 

(2) EXCEPTION.—Obligation authority made available under 

paragraph (1) shall— 

(A) remain available for a period of 4 fiscal years; 

and 

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

imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years. 

(f) REDISTRIBUTION OF CERTAIN AUTHORIZED FUNDS.— 

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

of distribution of obligation authority under subsection (c) for 

each of fiscal years 2016 through 2020, the Secretary shall 

distribute to the States any funds (excluding funds authorized 

for the program under section 202 of title 23, United States 

Code) that— 

(A) are authorized to be appropriated for the fiscal 

year for Federal-aid highway programs; and 

(B) the Secretary determines will not be allocated to 

the States (or will not be apportioned to the States under 

section 204 of title 23, United States Code), and will not 

be available for obligation, for the fiscal year because of 

the imposition of any obligation limitation for the fiscal 

year. 

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

(1) in the same proportion as the distribution of obligation 

authority under subsection (c)(5). 

(3) AVAILABILITY.—Funds distributed to each State under 

paragraph (1) shall be available for any purpose described 

in section 133(b) of title 23, United States Code. 

SEC. 1103. DEFINITIONS. 

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

(1) by striking paragraph (29); 

(2) by redesignating paragraphs (15) through (28) as paragraphs (16) through (29), respectively; and 

(3) by inserting after paragraph (14) the following: 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1329 

‘‘(15) NATIONAL HIGHWAY FREIGHT NETWORK.—The term 

‘National Highway Freight Network’ means the National Highway Freight Network established under section 167.’’. 

SEC. 1104. APPORTIONMENT. 

(a) ADMINISTRATIVE EXPENSES.—Section 104(a)(1) of title 23, 

United States Code, is amended to read as follows: 

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

from the Highway Trust Fund (other than the Mass Transit 

Account) to be made available to the Secretary for administrative expenses of the Federal Highway Administration— ‘‘(A) $453,000,000 for fiscal year 2016; 

‘‘(B) $459,795,000 for fiscal year 2017; 

‘‘(C) $466,691,925 for fiscal year 2018; 

‘‘(D) $473,692,304 for fiscal year 2019; and 

‘‘(E) $480,797,689 for fiscal year 2020.’’. 

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

APPORTIONMENT.—Section 104(b) of title 23, United States Code, 

is amended— 

(1) by striking ‘‘(b) DIVISION OF’’ and all that follows before 

paragraph (1) and inserting the following: 

‘‘(b) DIVISION AMONG PROGRAMS OF STATE’S SHARE OF BASE

APPORTIONMENT.—The Secretary shall distribute the amount of 

the base apportionment apportioned to a State for a fiscal year 

under subsection (c) among the national highway performance program, the surface transportation block grant program, the highway 

safety improvement program, the congestion mitigation and air 

quality improvement program, the national highway freight program, and to carry out section 134 as follows:’’; 

(2) in paragraphs (1), (2), and (3) by striking ‘‘paragraphs 

(4) and (5)’’ each place it appears and inserting ‘‘paragraphs 

(4), (5), and (6)’’; 

(3) in paragraph (2)— 

(A) in the paragraph heading by striking ‘‘SURFACE

TRANSPORTATION PROGRAM’’ and inserting ‘‘SURFACE

TRANSPORTATION BLOCK GRANT PROGRAM’’; and 

(B) by striking ‘‘surface transportation program’’ and 

inserting ‘‘surface transportation block grant program’’; 

(4) in paragraph (4), in the matter preceding subparagraph 

(A), by striking ‘‘the amount determined for the State under 

subsection (c)’’ and inserting ‘‘the amount of the base apportionment remaining for the State under subsection (c) after making 

the set aside in accordance with paragraph (5)’’; 

(5) by redesignating paragraph (5) as paragraph (6); 

(6) by inserting after paragraph (4) the following: 

‘‘(5) NATIONAL HIGHWAY FREIGHT PROGRAM.— 

‘‘(A) IN GENERAL.—For the national highway freight 

program under section 167, the Secretary shall set aside 

from the base apportionment determined for a State under 

subsection (c) an amount determined for the State under 

subparagraphs (B) and (C). 

‘‘(B) TOTAL AMOUNT.—The total amount set aside for 

the national highway freight program for all States shall 

be— 

‘‘(i) $1,150,000,000 for fiscal year 2016; 

‘‘(ii) $1,100,000,000 for fiscal year 2017; 

‘‘(iii) $1,200,000,000 for fiscal year 2018; 


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129 STAT. 1330 PUBLIC LAW 114–94—DEC. 4, 2015 

‘‘(iv) $1,350,000,000 for fiscal year 2019; and 

‘‘(v) $1,500,000,000 for fiscal year 2020. 

‘‘(C) STATE SHARE.—For each fiscal year, the Secretary 

shall distribute among the States the total set-aside 

amount for the national highway freight program under 

subparagraph (B) so that each State receives the amount 

equal to the proportion that— 

‘‘(i) the total base apportionment determined for 

the State under subsection (c); bears to 

‘‘(ii) the total base apportionments for all States 

under subsection (c). 

‘‘(D) METROPOLITAN PLANNING.—Of the amount set 

aside under this paragraph for a State, the Secretary shall 

use to carry out section 134 an amount determined by 

multiplying the set-aside amount by the proportion that— 

‘‘(i) the amount apportioned to the State to carry 

out section 134 for fiscal year 2009; bears to 

‘‘(ii) the total amount of funds apportioned to the 

State for that fiscal year for the programs referred 

to in section 105(a)(2) (except for the high priority 

projects program referred to in section 105(a)(2)(H)), 

as in effect on the day before the date of enactment 

of MAP–21 (Public Law 112–141; 126 Stat. 405).’’; and 

(7) in paragraph (6) (as so redesignated), in the matter 

preceding subparagraph (A), by striking ‘‘the amount determined for the State under subsection (c)’’ and inserting ‘‘the 

amount of the base apportionment remaining for a State under 

subsection (c) after making the set aside in accordance with 

paragraph (5)’’. 

(c) CALCULATION OF STATE AMOUNTS.—Section 104(c) of title 

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

‘‘(c) CALCULATION OF AMOUNTS.— 

‘‘(1) STATE SHARE.—For each of fiscal years 2016 through 

2020, the amount for each State shall be determined as follows: 

‘‘(A) INITIAL AMOUNTS.—The initial amounts for each 

State shall be determined by multiplying— 

‘‘(i) each of— 

‘‘(I) the base apportionment; 

‘‘(II) supplemental funds reserved under subsection (h)(1) for the national highway performance 

program; and 

‘‘(III) supplemental funds reserved under subsection (h)(2) for the surface transportation block 

grant program; by 

‘‘(ii) the share for each State, which shall be equal 

to the proportion that— 

‘‘(I) the amount of apportionments that the 

State received for fiscal year 2015; bears to 

‘‘(II) the amount of those apportionments 

received by all States for that fiscal year. 

‘‘(B) ADJUSTMENTS TO AMOUNTS.—The initial amounts 

resulting from the calculation under subparagraph (A) shall 

be adjusted to ensure that each State receives an aggregate 

apportionment equal to at least 95 percent of the estimated 

tax payments attributable to highway users in the State 

paid into the Highway Trust Fund (other than the Mass 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1331 

Transit Account) in the most recent fiscal year for which 

data are available. 

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

2016 through 2020, the Secretary shall apportion the sums 

authorized to be appropriated for expenditure on the national 

highway performance program under section 119, the surface 

transportation block grant program under section 133, the highway safety improvement program under section 148, the congestion mitigation and air quality improvement program under 

section 149, the national highway freight program under section 

167, and to carry out section 134 in accordance with paragraph 

(1).’’. 

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

States Code, is amended by adding at the end the following: 

‘‘(h) SUPPLEMENTAL FUNDS.— ‘‘(1) SUPPLEMENTAL FUNDS FOR NATIONAL HIGHWAY

PERFORMANCE PROGRAM.— 

‘‘(A) AMOUNT.—Before making an apportionment for 

a fiscal year under subsection (c), the Secretary shall 

reserve for the national highway performance program 

under section 119 for that fiscal year an amount equal 

to— 

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

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

‘‘(B) TREATMENT OF FUNDS.—Funds reserved under 

subparagraph (A) and apportioned to a State under subsection (c) shall be treated as if apportioned under subsection (b)(1), and shall be in addition to amounts apportioned under that subsection. 

‘‘(2) SUPPLEMENTAL FUNDS FOR SURFACE TRANSPORTATION

BLOCK GRANT PROGRAM.— 

‘‘(A) AMOUNT.—Before making an apportionment for 

a fiscal year under subsection (c), the Secretary shall 

reserve for the surface transportation block grant program 

under section 133 for that fiscal year an amount equal 

to— 

‘‘(i) $835,000,000 for each of fiscal years 2016 and 

2017 pursuant to section 133(h), plus— 

‘‘(I) $55,426,310 for fiscal year 2016; and 

‘‘(II) $89,289,904 for fiscal year 2017; and 

‘‘(ii) $850,000,000 for each of fiscal years 2018 

through 2020 pursuant to section 133(h), plus— 

‘‘(I) $118,013,536 for fiscal year 2018; 

‘‘(II) $130,688,367 for fiscal year 2019; and 

‘‘(III) $170,053,448 for fiscal year 2020. 

‘‘(B) TREATMENT OF FUNDS.—Funds reserved under 

subparagraph (A) and apportioned to a State under subsection (c) shall be treated as if apportioned under subsection (b)(2), and shall be in addition to amounts apportioned under that subsection. 

‘‘(i) BASE APPORTIONMENT DEFINED.—In this section, the term 

‘base apportionment’ means— 

‘‘(1) the combined amount authorized for appropriation for 

the national highway performance program under section 119, 

the surface transportation block grant program under section 

133, the highway safety improvement program under section 

148, the congestion mitigation and air quality improvement 


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129 STAT. 1332 PUBLIC LAW 114–94—DEC. 4, 2015 

program under section 149, the national highway freight program under section 167, and to carry out section 134; minus 

‘‘(2) supplemental funds reserved under subsection (h) for 

the national highway performance program and the surface 

transportation block grant program.’’. 

(e) CONFORMING AMENDMENTS.— 

(1) Section 104(d)(1)(A) of title 23, United States Code, 

is amended by striking ‘‘subsection (b)(5)’’ each place it appears 

and inserting ‘‘paragraphs (5)(D) and (6) of subsection (b)’’. 

(2) Section 120(c)(3) of title 23, United States Code, is 

amended— 

(A) in subparagraph (A) in the matter preceding clause 

(i), by striking ‘‘or (5)’’ and inserting ‘‘(5)(D), or (6)’’; and 

(B) in subparagraph (C)(i) by striking ‘‘and (5)’’ and 

inserting ‘‘(5)(D), and (6)’’. 

(3) Section 135(i) of title 23, United States Code, is 

amended by striking ‘‘section 104(b)(5)’’ and inserting ‘‘paragraphs (5)(D) and (6) of section 104(b)’’. 

(4) Section 136(b) of title 23, United States Code, is 

amended in the first sentence by striking ‘‘paragraphs (1) 

through (5) of section 104(b)’’ and inserting ‘‘paragraphs (1) 

through (6) of section 104(b)’’. 

(5) Section 141(b)(2) of title 23, United States Code, is 

amended by striking ‘‘paragraphs (1) through (5) of section 

104(b)’’ and inserting ‘‘paragraphs (1) through (6) of section 

104(b)’’. 

(6) Section 505(a) of title 23, United States Code, is 

amended in the matter preceding paragraph (1) by striking 

‘‘through (4)’’ and inserting ‘‘through (5)’’. 

SEC. 1105. NATIONALLY SIGNIFICANT FREIGHT AND HIGHWAY 

PROJECTS. 

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

by inserting after section 116 the following: 

‘‘§ 117. Nationally significant freight and highway projects 

‘‘(a) ESTABLISHMENT.— 

‘‘(1) IN GENERAL.—There is established a nationally significant freight and highway projects program to provide financial 

assistance for projects of national or regional significance. 

‘‘(2) GOALS.—The goals of the program shall be to— 

‘‘(A) improve the safety, efficiency, and reliability of 

the movement of freight and people; 

‘‘(B) generate national or regional economic benefits 

and an increase in the global economic competitiveness 

of the United States; 

‘‘(C) reduce highway congestion and bottlenecks; 

‘‘(D) improve connectivity between modes of freight 

transportation; 

‘‘(E) enhance the resiliency of critical highway infrastructure and help protect the environment; 

‘‘(F) improve roadways vital to national energy security; 

and 

‘‘(G) address the impact of population growth on the 

movement of people and freight. 

‘‘(b) GRANT AUTHORITY.— 

23 USC 117. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1333 

‘‘(1) IN GENERAL.—In carrying out the program established 

in subsection (a), the Secretary may make grants, on a competitive basis, in accordance with this section. 

‘‘(2) GRANT AMOUNT.—Except as otherwise provided, each 

grant made under this section shall be in an amount that 

is at least $25,000,000. 

‘‘(c) ELIGIBLE APPLICANTS.— ‘‘(1) IN GENERAL.—The Secretary may make a grant under 

this section to the following: 

‘‘(A) A State or a group of States. 

‘‘(B) A metropolitan planning organization that serves 

an urbanized area (as defined by the Bureau of the Census) 

with a population of more than 200,000 individuals. 

‘‘(C) A unit of local government or a group of local 

governments. 

‘‘(D) A political subdivision of a State or local government. 

‘‘(E) A special purpose district or public authority with 

a transportation function, including a port authority. 

‘‘(F) A Federal land management agency that applies 

jointly with a State or group of States. 

‘‘(G) A tribal government or a consortium of tribal 

governments. 

‘‘(H) A multistate or multijurisdictional group of entities described in this paragraph. 

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

section, an entity specified in paragraph (1) shall submit to 

the Secretary an application in such form, at such time, and 

containing such information as the Secretary determines is 

appropriate. 

‘‘(d) ELIGIBLE PROJECTS.— 

‘‘(1) IN GENERAL.—Except as provided in subsection (e), 

the Secretary may make a grant under this section only for 

a project that— 

‘‘(A) is— 

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

National Highway Freight Network established under 

section 167; 

‘‘(ii) a highway or bridge project carried out on 

the National Highway System, including— 

‘‘(I) a project to add capacity to the Interstate 

System to improve mobility; or 

‘‘(II) a project in a national scenic area; 

‘‘(iii) a freight project that is— 

‘‘(I) a freight intermodal or freight rail project; 

or 

‘‘(II) within the boundaries of a public or private freight rail, water (including ports), or intermodal facility and that is a surface transportation 

infrastructure project necessary to facilitate direct 

intermodal interchange, transfer, or access into 

or out of the facility; or 

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

separation project; and 

‘‘(B) has eligible project costs that are reasonably 

anticipated to equal or exceed the lesser of— 

‘‘(i) $100,000,000; or 


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129 STAT. 1334 PUBLIC LAW 114–94—DEC. 4, 2015 

‘‘(ii) in the case of a project— 

‘‘(I) located in 1 State, 30 percent of the 

amount apportioned under this chapter to the 

State in the most recently completed fiscal year; 

or 

‘‘(II) located in more than 1 State, 50 percent 

of the amount apportioned under this chapter to 

the participating State with the largest apportionment under this chapter in the most recently completed fiscal year. 

‘‘(2) LIMITATION.— ‘‘(A) IN GENERAL.—Not more than $500,000,000 of the 

amounts made available for grants under this section for 

fiscal years 2016 through 2020, in the aggregate, may 

be used to make grants for projects described in paragraph 

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

under this section if— 

‘‘(i) the project will make a significant improvement to freight movements on the National Highway 

Freight Network; and 

‘‘(ii) the Federal share of the project funds only 

elements of the project that provide public benefits. 

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

(A)— 

‘‘(i) shall not apply to a railway-highway grade 

crossing or grade separation project; and 

‘‘(ii) with respect to a multimodal project, shall 

apply only to the non-highway portion or portions of 

the project. 

‘‘(e) SMALL PROJECTS.— 

‘‘(1) IN GENERAL.—The Secretary shall reserve 10 percent 

of the amounts made available for grants under this section 

each fiscal year to make grants for projects described in subsection (d)(1)(A) that do not satisfy the minimum threshold 

under subsection (d)(1)(B). 

‘‘(2) GRANT AMOUNT.—Each grant made under this subsection shall be in an amount that is at least $5,000,000. 

‘‘(3) PROJECT SELECTION CONSIDERATIONS.—In addition to 

other applicable requirements, in making grants under this 

subsection the Secretary shall consider— 

‘‘(A) the cost effectiveness of the proposed project; and 

‘‘(B) the effect of the proposed project on mobility in 

the State and region in which the project is carried out. 

‘‘(f) ELIGIBLE PROJECT COSTS.—Grant amounts received for a 

project under this section may be used for— 

‘‘(1) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, 

preliminary engineering and design work, and other 

preconstruction activities; and 

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

of real property (including land related to the project and 

improvements to the land), environmental mitigation, construction contingencies, acquisition of equipment, and operational 

improvements directly related to improving system performance. 

‘‘(g) PROJECT REQUIREMENTS.—The Secretary may select a 

project described under this section (other than subsection (e)) 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1335 

for funding under this section only if the Secretary determines 

that— 

‘‘(1) the project will generate national or regional economic, 

mobility, or safety benefits; 

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

‘‘(3) the project will contribute to the accomplishment of 

1 or more of the national goals described under section 150 

of this title; 

‘‘(4) the project is based on the results of preliminary 

engineering; 

‘‘(5) with respect to related non-Federal financial commitments— 

‘‘(A) 1 or more stable and dependable sources of funding 

and financing are available to construct, maintain, and 

operate the project; and 

‘‘(B) contingency amounts are available to cover 

unanticipated cost increases; 

‘‘(6) the project cannot be easily and efficiently completed 

without other Federal funding or financial assistance available 

to the project sponsor; and 

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

not later than 18 months after the date of obligation of funds 

for the project. 

‘‘(h) ADDITIONAL CONSIDERATIONS.—In making a grant under 

this section, the Secretary shall consider— 

‘‘(1) utilization of nontraditional financing, innovative 

design and construction techniques, or innovative technologies; 

‘‘(2) utilization of non-Federal contributions; and 

‘‘(3) contributions to geographic diversity among grant 

recipients, including the need for a balance between the needs 

of rural and urban communities. 

‘‘(i) RURAL AREAS.— 

‘‘(1) IN GENERAL.—The Secretary shall reserve not less 

than 25 percent of the amounts made available for grants 

under this section, including the amounts made available under 

subsection (e), each fiscal year to make grants for projects 

located in rural areas. 

‘‘(2) EXCESS FUNDING.—In any fiscal year in which qualified 

applications for grants under this subsection will not allow 

for the amount reserved under paragraph (1) to be fully utilized, 

the Secretary shall use the unutilized amounts to make other 

grants under this section. 

‘‘(3) RURAL AREA DEFINED.—In this subsection, the term 

‘rural area’ means an area that is outside an urbanized area 

with a population of over 200,000. 

‘‘(j) FEDERAL SHARE.— 

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

assisted with a grant under this section may not exceed 60 

percent. 

‘‘(2) MAXIMUM FEDERAL INVOLVEMENT.—Federal assistance 

other than a grant under this section may be used to satisfy 

the non-Federal share of the cost of a project for which such 

a grant is made, except that the total Federal assistance provided for a project receiving a grant under this section may 

not exceed 80 percent of the total project cost. 

‘‘(3) FEDERAL LAND MANAGEMENT AGENCIES.—Notwithstanding any other provision of law, any Federal funds other 


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129 STAT. 1336 PUBLIC LAW 114–94—DEC. 4, 2015 

than those made available under this title or title 49 may 

be used to pay the non-Federal share of the cost of a project 

carried out under this section by a Federal land management 

agency, as described under subsection (c)(1)(F). 

‘‘(k) TREATMENT OF FREIGHT PROJECTS.—Notwithstanding any 

other provision of law, a freight project carried out under this 

section shall be treated as if the project is located on a Federalaid highway. 

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

under this section, the Secretary may use amounts awarded to 

the entity to pay subsidy and administrative costs necessary to 

provide the entity Federal credit assistance under chapter 6 with 

respect to the project for which the grant was awarded. 

‘‘(m) CONGRESSIONAL NOTIFICATION.— 

‘‘(1) NOTIFICATION.— 

‘‘(A) IN GENERAL.—At least 60 days before making a 

grant for a project under this section, the Secretary shall 

notify, in writing, the Committee on Transportation and 

Infrastructure of the House of Representatives and the 

Committee on Environment and Public Works of the Senate 

of the proposed grant. The notification shall include an 

evaluation and justification for the project and the amount 

of the proposed grant award. 

‘‘(B) MULTIMODAL PROJECTS.—In addition to the notice 

required under subparagraph (A), the Secretary shall notify 

the Committee on Commerce, Science, and Transportation 

of the Senate before making a grant for a project described 

in subsection (d)(1)(A)(iii). 

‘‘(2) CONGRESSIONAL DISAPPROVAL.—The Secretary may not 

make a grant or any other obligation or commitment to fund 

a project under this section if a joint resolution is enacted 

disapproving funding for the project before the last day of 

the 60-day period described in paragraph (1). 

‘‘(n) REPORTS.— 

‘‘(1) ANNUAL REPORT.—The Secretary shall make available 

on the Web site of the Department of Transportation at the 

end of each fiscal year an annual report that lists each project 

for which a grant has been provided under this section during 

that fiscal year. 

‘‘(2) COMPTROLLER GENERAL.— 

‘‘(A) ASSESSMENT.—The Comptroller General of the 

United States shall conduct an assessment of the administrative establishment, solicitation, selection, and justification process with respect to the funding of grants under 

this section. 

‘‘(B) REPORT.—Not later than 1 year after the initial 

awarding of grants under this section, the Comptroller 

General shall submit to the Committee on Environment 

and Public Works of the Senate, the Committee on Commerce, Science, and Transportation of the Senate, and the 

Committee on Transportation and Infrastructure of the 

House of Representatives a report that describes— 

‘‘(i) the adequacy and fairness of the process by 

which each project was selected, if applicable; and 

‘‘(ii) the justification and criteria used for the selection of each project, if applicable.’’. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1337 

(b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title 

23, United States Code, is amended by inserting after the item 

relating to section 116 the following: 

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

(c) REPEAL.—Section 1301 of SAFETEA–LU (23 U.S.C. 101 

note), and the item relating to that section in the table of contents 

in section 1(b) of such Act, are repealed. 

SEC. 1106. NATIONAL HIGHWAY PERFORMANCE PROGRAM. 

Section 119 of title 23, United States Code, is amended by 

adding at the end the following: 

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

assistance under chapter 6, the Secretary, at the request of a 

State, may allow the State to use funds apportioned under section 

104(b)(1) to pay subsidy and administrative costs necessary to provide an eligible entity Federal credit assistance under chapter 6 

with respect to a project eligible for assistance under this section. 

‘‘(i) ADDITIONAL FUNDING ELIGIBILITY FOR CERTAIN BRIDGES.— 

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

out the national highway performance program may be obligated for a project for the reconstruction, resurfacing, restoration, rehabilitation, or preservation of a bridge not on the 

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

highway. 

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

under subsection (f) shall ensure such requirements are satisfied in order to use the flexibility under paragraph (1). 

‘‘(j) CRITICAL INFRASTRUCTURE.— 

‘‘(1) CRITICAL INFRASTRUCTURE DEFINED.—In this subsection, the term ‘critical infrastructure’ means those facilities 

the incapacity or failure of which would have a debilitating 

impact on national or regional economic security, national or 

regional energy security, national or regional public health 

or safety, or any combination of those matters. 

‘‘(2) CONSIDERATION.—The asset management plan of a 

State may include consideration of critical infrastructure from 

among those facilities in the State that are eligible under 

subsection (c). 

‘‘(3) RISK REDUCTION.—A State may use funds apportioned 

under this section for projects intended to reduce the risk 

of failure of critical infrastructure in the State.’’. 

SEC. 1107. EMERGENCY RELIEF FOR FEDERALLY OWNED ROADS. 

(a) ELIGIBILITY.—Section 125(d)(3) of title 23, United States 

Code, is amended— 

(1) in subparagraph (A) by striking ‘‘or’’ at the end; 

(2) in subparagraph (B) by striking the period at the end 

and inserting ‘‘; or’’; and 

(3) by adding at the end the following: 

‘‘(C) projects eligible for assistance under this section 

located on tribal transportation facilities, Federal lands 

transportation facilities, or other federally owned roads 

that are open to public travel (as defined in subsection 

(e)(1)).’’. 

(b) DEFINITIONS.—Section 125(e) of title 23, United States Code, 

is amended by striking paragraph (1) and inserting the following: 

23 USC 

prec. 101. 


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129 STAT. 1338 PUBLIC LAW 114–94—DEC. 4, 2015 

‘‘(1) DEFINITIONS.—In this subsection, the following definitions apply: 

‘‘(A) OPEN TO PUBLIC TRAVEL.—The term ‘open to public 

travel’ means, with respect to a road, that, except during 

scheduled periods, extreme weather conditions, or emergencies, the road— 

‘‘(i) is maintained; 

‘‘(ii) is open to the general public; and 

‘‘(iii) can accommodate travel by a standard passenger vehicle, without restrictive gates or prohibitive 

signs or regulations, other than for general traffic control or restrictions based on size, weight, or class of 

registration. 

‘‘(B) STANDARD PASSENGER VEHICLE.—The term 

‘standard passenger vehicle’ means a vehicle with 6 inches 

of clearance from the lowest point of the frame, body, 

suspension, or differential to the ground.’’. 

SEC. 1108. RAILWAY-HIGHWAY GRADE CROSSINGS. 

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

to read as follows: 

‘‘(1) IN GENERAL.— ‘‘(A) SET ASIDE.—Before making an apportionment 

under section 104(b)(3) for a fiscal year, the Secretary 

shall set aside, from amounts made available to carry out 

the highway safety improvement program under section 

148 for such fiscal year, for the elimination of hazards 

and the installation of protective devices at railway-highway crossings at least— ‘‘(i) $225,000,000 for fiscal year 2016; 

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

‘‘(iii) $235,000,000 for fiscal year 2018; 

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

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

‘‘(B) INSTALLATION OF PROTECTIVE DEVICES.—At least 1⁄2 of the funds set aside each fiscal year under subparagraph (A) shall be available for the installation of protective 

devices at railway-highway crossings. 

‘‘(C) OBLIGATION AVAILABILITY.—Sums set aside each 

fiscal year under subparagraph (A) shall be available for 

obligation in the same manner as funds apportioned under 

section 104(b)(1).’’. 

SEC. 1109. SURFACE TRANSPORTATION BLOCK GRANT PROGRAM. 

(a) FINDINGS.—Congress finds that— 

(1) the benefits of the surface transportation block grant 

program accrue principally to the residents of each State and 

municipality where the funds are obligated; 

(2) decisions about how funds should be obligated are best 

determined by the States and municipalities to respond to 

unique local circumstances and implement the most efficient 

solutions; and 

(3) reforms of the program to promote flexibility will 

enhance State and local control over transportation decisions. 

(b) SURFACE TRANSPORTATION BLOCK GRANT PROGRAM.—Section 133 of title 23, United States Code, is amended— 

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

the following: 

23 USC 133 note. 


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

transportation block grant program in accordance with this section 

to provide flexible funding to address State and local transportation 

needs. 

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

section 104(b)(2) for the surface transportation block grant program 

may be obligated for the following: 

‘‘(1) Construction of— 

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

routes of the Appalachian development highway system 

and local access roads under section 14501 of title 40; 

‘‘(B) ferry boats and terminal facilities eligible for 

funding under section 129(c); 

‘‘(C) transit capital projects eligible for assistance under 

chapter 53 of title 49; 

‘‘(D) infrastructure-based intelligent transportation 

systems capital improvements; 

‘‘(E) truck parking facilities eligible for funding under 

section 1401 of MAP–21 (23 U.S.C. 137 note); and 

‘‘(F) border infrastructure projects eligible for funding 

under section 1303 of SAFETEA–LU (23 U.S.C. 101 note). 

‘‘(2) Operational improvements and capital and operating 

costs for traffic monitoring, management, and control facilities 

and programs. 

‘‘(3) Environmental measures eligible under sections 119(g), 

328, and 329 and transportation control measures listed in 

section 108(f)(1)(A) (other than clause (xvi) of that section) 

of the Clean Air Act (42 U.S.C. 7408(f)(1)(A)). 

‘‘(4) Highway and transit safety infrastructure improvements and programs, including railway-highway grade 

crossings. 

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

in accordance with section 137 and carpool projects in accordance with section 146. 

‘‘(6) Recreational trails projects eligible for funding under 

section 206, pedestrian and bicycle projects in accordance with 

section 217 (including modifications to comply with accessibility 

requirements under the Americans with Disabilities Act of 1990 

(42 U.S.C. 12101 et seq.)), and the safe routes to school program 

under section 1404 of SAFETEA–LU (23 U.S.C. 402 note). 

‘‘(7) Planning, design, or construction of boulevards and 

other roadways largely in the right-of-way of former Interstate 

System routes or other divided highways. 

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

management plan for the National Highway System and a 

performance-based management program for other public roads. 

‘‘(9) Protection (including painting, scour countermeasures, 

seismic retrofits, impact protection measures, security countermeasures, and protection against extreme events) for bridges 

(including approaches to bridges and other elevated structures) 

and tunnels on public roads, and inspection and evaluation 

of bridges and tunnels and other highway assets. 

‘‘(10) Surface transportation planning programs, highway 

and transit research and development and technology transfer 

programs, and workforce development, training, and education 

under chapter 5 of this title. 


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‘‘(11) Surface transportation infrastructure modifications 

to facilitate direct intermodal interchange, transfer, and access 

into and out of a port terminal. 

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

pricing, including electronic toll collection and travel demand 

management strategies and programs. 

‘‘(13) At the request of a State, and upon Secretarial 

approval of credit assistance under chapter 6, subsidy and 

administrative costs necessary to provide an eligible entity 

Federal credit assistance under chapter 6 with respect to a 

project eligible for assistance under this section. 

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

to assist in the design, implementation, and oversight of publicprivate partnerships eligible to receive funding under this title 

and chapter 53 of title 49, and the payment of a stipend 

to unsuccessful private bidders to offset their proposal development costs, if necessary to encourage robust competition in 

public-private partnership procurements. 

‘‘(15) Any type of project eligible under this section as 

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

Act, including projects described under section 101(a)(29) as 

in effect on such day. 

‘‘(c) LOCATION OF PROJECTS.—A surface transportation block 

grant project may not be undertaken on a road functionally classified as a local road or a rural minor collector unless the road 

was on a Federal-aid highway system on January 1, 1991, except— 

‘‘(1) for a bridge or tunnel project (other than the construction of a new bridge or tunnel at a new location); 

‘‘(2) for a project described in paragraphs (4) through (11) 

of subsection (b); 

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

effect on the day before the date of enactment of the FAST 

Act; and 

‘‘(4) as approved by the Secretary. 

‘‘(d) ALLOCATIONS OF APPORTIONED FUNDS TO AREAS BASED

ON POPULATION.— 

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

under section 104(b)(2) (after the reservation of funds under 

subsection (h))— 

‘‘(A) the percentage specified in paragraph (6) for a 

fiscal year shall be obligated under this section, in proportion to their relative shares of the population of the State— 

‘‘(i) in urbanized areas of the State with an urbanized area population of over 200,000; 

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

with a population greater than 5,000; and 

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

‘‘(B) the remainder may be obligated in any area of 

the State. 

‘‘(2) METROPOLITAN AREAS.—Funds attributed to an urbanized area under paragraph (1)(A)(i) may be obligated in the 

metropolitan area established under section 134 that encompasses the urbanized area. 

‘‘(3) CONSULTATION WITH REGIONAL TRANSPORTATION PLANNING ORGANIZATIONS.—For purposes of paragraph (1)(A)(iii), 

before obligating funding attributed to an area with a population greater than 5,000 and less than 200,000, a State shall 


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consult with the regional transportation planning organizations 

that represent the area, if any. 

‘‘(4) DISTRIBUTION AMONG URBANIZED AREAS OF OVER 200,000

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

(B), the amount of funds that a State is required to obligate 

under paragraph (1)(A)(i) shall be obligated in urbanized 

areas described in paragraph (1)(A)(i) based on the relative 

population of the areas. 

‘‘(B) OTHER FACTORS.—The State may obligate the 

funds described in subparagraph (A) based on other factors 

if the State and the relevant metropolitan planning 

organizations jointly apply to the Secretary for the permission to base the obligation on other factors and the Secretary grants the request. 

‘‘(5) APPLICABILITY OF PLANNING REQUIREMENTS.—Programming and expenditure of funds for projects under this section 

shall be consistent with sections 134 and 135. 

‘‘(6) PERCENTAGE.—The percentage referred to in paragraph 

(1)(A) is— 

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

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

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

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

‘‘(E) for fiscal year 2020, 55 percent.’’; 

(2) by striking the section heading and inserting ‘‘Surface 

transportation block grant program’’; 

(3) by striking subsection (e); 

(4) by redesignating subsections (f) through (h) as subsections (e) through (g), respectively; 

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

(A) by striking ‘‘104(b)(3)’’ and inserting ‘‘104(b)(2)’’; 

and 

(B) by striking ‘‘fiscal years 2011 through 2014’’ and 

inserting ‘‘fiscal years 2016 through 2020’’; 

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

by striking ‘‘under subsection (d)(1)(A)(iii) for each of fiscal 

years 2013 through 2014’’ and inserting ‘‘under subsection 

(d)(1)(A)(ii) for each of fiscal years 2016 through 2020’’; and 

(7) by adding at the end the following: 

‘‘(h) STP SET-ASIDE.— 

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

to a State under section 104(b)(2) for each fiscal year, the 

Secretary shall reserve an amount such that— 

‘‘(A) the Secretary reserves a total under this subsection of— 

‘‘(i) $835,000,000 for each of fiscal years 2016 and 

2017; and 

‘‘(ii) $850,000,000 for each of fiscal years 2018 

through 2020; and 

‘‘(B) the State’s share of that total is determined by 

multiplying the amount under subparagraph (A) by the 

ratio that— 

‘‘(i) the amount apportioned to the State for the 

transportation enhancements program for fiscal year 

2009 under section 133(d)(2), as in effect on the day 

before the date of enactment of MAP–21; bears to 


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129 STAT. 1342 PUBLIC LAW 114–94—DEC. 4, 2015 

‘‘(ii) the total amount of funds apportioned to all 

States for the transportation enhancements program 

for fiscal year 2009. 

‘‘(2) ALLOCATION WITHIN A STATE.—Funds reserved for a 

State under paragraph (1) shall be obligated within that State 

in the manner described in subsection (d), except that, for 

purposes of this paragraph (after funds are made available 

under paragraph (5))— 

‘‘(A) for each fiscal year, the percentage referred to 

in paragraph (1)(A) of that subsection shall be deemed 

to be 50 percent; and 

‘‘(B) the following provisions shall not apply: 

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

‘‘(ii) Subsection (e). 

‘‘(3) ELIGIBLE PROJECTS.—Funds reserved under this subsection may be obligated for projects or activities described 

in section 101(a)(29) or 213, as such provisions were in effect 

on the day before the date of enactment of the FAST Act. 

‘‘(4) ACCESS TO FUNDS.— 

‘‘(A) IN GENERAL.—A State or metropolitan planning 

organization required to obligate funds in accordance with 

paragraph (2) shall develop a competitive process to allow 

eligible entities to submit projects for funding that achieve 

the objectives of this subsection. A metropolitan planning 

organization for an area described in subsection (d)(1)(A)(i) 

shall select projects under such process in consultation 

with the relevant State. 

‘‘(B) ELIGIBLE ENTITY DEFINED.—In this paragraph, the 

term ‘eligible entity’ means— 

‘‘(i) a local government; 

‘‘(ii) a regional transportation authority; 

‘‘(iii) a transit agency; 

‘‘(iv) a natural resource or public land agency; 

‘‘(v) a school district, local education agency, or 

school; 

‘‘(vi) a tribal government; 

‘‘(vii) a nonprofit entity responsible for the administration of local transportation safety programs; and 

‘‘(viii) any other local or regional governmental 

entity with responsibility for or oversight of transportation or recreational trails (other than a metropolitan 

planning organization or a State agency) that the State 

determines to be eligible, consistent with the goals 

of this subsection. 

‘‘(5) CONTINUATION OF CERTAIN RECREATIONAL TRAILS

PROJECTS.—For each fiscal year, a State shall— 

‘‘(A) obligate an amount of funds reserved under this 

section equal to the amount of the funds apportioned to 

the State for fiscal year 2009 under section 104(h)(2), as 

in effect on the day before the date of enactment of MAP– 

21, for projects relating to recreational trails under section 

206; 

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

for the administration of that program; and 

‘‘(C) comply with the provisions of the administration 

of the recreational trails program under section 206, 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1343 

including the use of apportioned funds described in subsection (d)(3)(A) of that section. 

‘‘(6) STATE FLEXIBILITY.— 

‘‘(A) RECREATIONAL TRAILS.—A State may opt out of 

the recreational trails program under paragraph (5) if the 

Governor of the State notifies the Secretary not later than 

30 days prior to apportionments being made for any fiscal 

year. 

‘‘(B) LARGE URBANIZED AREAS.—A metropolitan planning area may use not to exceed 50 percent of the funds 

reserved under this subsection for an urbanized area 

described in subsection (d)(1)(A)(i) for any purpose eligible 

under subsection (b). 

‘‘(7) ANNUAL REPORTS.— 

‘‘(A) IN GENERAL.—Each State or metropolitan planning 

organization responsible for carrying out the requirements 

of this subsection shall submit to the Secretary an annual 

report that describes— 

‘‘(i) the number of project applications received 

for each fiscal year, including— 

‘‘(I) the aggregate cost of the projects for which 

applications are received; and 

‘‘(II) the types of projects to be carried out, 

expressed as percentages of the total apportionment of the State under this subsection; and 

‘‘(ii) the number of projects selected for funding 

for each fiscal year, including the aggregate cost and 

location of projects selected. 

‘‘(B) PUBLIC AVAILABILITY.—The Secretary shall make 

available to the public, in a user-friendly format on the 

Web site of the Department of Transportation, a copy of 

each annual report submitted under subparagraph (A). 

‘‘(i) TREATMENT OF PROJECTS.—Notwithstanding any other 

provision of law, projects funded under this section (excluding those 

carried out under subsection (h)(5)) shall be treated as projects 

on a Federal-aid highway under this chapter.’’. 

(c) TECHNICAL AND CONFORMING AMENDMENTS.— 

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

Code, is amended— 

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

133(h)’’; and 

(B) by striking ‘‘section 213(c)(1)(B)’’ and inserting ‘‘section 133(h)’’. 

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

Code, is repealed. 

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

Code, is amended by striking ‘‘surface transportation program’’ 

and inserting ‘‘surface transportation block grant program’’. 

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

Code, is amended— 

(A) by striking ‘‘104(b)(3)’’ and inserting ‘‘104(b)(2)’’; 

and 

(B) by striking ‘‘surface transportation program’’ and 

inserting ‘‘surface transportation block grant program’’. 

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

is amended by striking ‘‘surface transportation program’’ each 

23 USC 108,140, 

142,149,165. 


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129 STAT. 1344 PUBLIC LAW 114–94—DEC. 4, 2015 

place it appears and inserting ‘‘surface transportation block 

grant program’’. 

(6) CHAPTER ANALYSES.— 

(A) CHAPTER 1.—The analysis for chapter 1 of title 

23, United States Code, is amended by striking the item 

relating to section 133 and inserting the following: 

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

(B) CHAPTER 2.—The item relating to section 213 in 

the analysis for chapter 2 of title 23, United States Code, 

is repealed. 

(7) OTHER REFERENCES.—Any reference in any other law, 

regulation, document, paper, or other record of the United 

States to the surface transportation program under section 

133 of title 23, United States Code, shall be deemed to be 

a reference to the surface transportation block grant program 

under such section. 

SEC. 1110. HIGHWAY USE TAX EVASION PROJECTS. 

Section 143(b) of title 23, United States Code, is amended— 

(1) by striking paragraph (2)(A) and inserting the following: 

‘‘(A) IN GENERAL.—From administrative funds made 

available under section 104(a), the Secretary may deduct 

such sums as are necessary, not to exceed $4,000,000 for 

each of fiscal years 2016 through 2020, to carry out this 

section.’’; 

(2) in the heading for paragraph (8) by inserting ‘‘BLOCK

GRANT’’ after ‘‘SURFACE TRANSPORTATION’’; and 

(3) in paragraph (9) by inserting ‘‘, the Committee on 

Transportation and Infrastructure of the House of Representatives, and the Committee on Environment and Public Works 

of the Senate’’ after ‘‘the Secretary’’. 

SEC. 1111. BUNDLING OF BRIDGE PROJECTS. 

Section 144 of title 23, United States Code, is amended— 

(1) in subsection (c)(2)(A) by striking ‘‘the natural condition 

of the bridge’’ and inserting ‘‘the natural condition of the water’’; 

(2) by redesignating subsection (j) as subsection (k); 

(3) by inserting after subsection (i) the following: 

‘‘(j) BUNDLING OF BRIDGE PROJECTS.— 

‘‘(1) PURPOSE.—The purpose of this subsection is to save 

costs and time by encouraging States to bundle multiple bridge 

projects as 1 project. 

‘‘(2) ELIGIBLE ENTITY DEFINED.—In this subsection, the term 

‘eligible entity’ means an entity eligible to carry out a bridge 

project under section 119 or 133. 

‘‘(3) BUNDLING OF BRIDGE PROJECTS.—An eligible entity 

may bundle 2 or more similar bridge projects that are— 

‘‘(A) eligible projects under section 119 or 133; 

‘‘(B) included as a bundled project in a transportation 

improvement program under section 134(j) or a statewide 

transportation improvement program under section 135, 

as applicable; and 

‘‘(C) awarded to a single contractor or consultant pursuant to a contract for engineering and design or construction 

between the contractor and an eligible entity. 

23 USC 133 note. 

23 USC 

prec. 201. 

23 USC 

prec. 101. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1345 

‘‘(4) ITEMIZATION.—Notwithstanding any other provision of 

law (including regulations), a bundling of bridge projects under 

this subsection may be listed as— 

‘‘(A) 1 project for purposes of sections 134 and 135; 

and 

‘‘(B) a single project. 

‘‘(5) FINANCIAL CHARACTERISTICS.—Projects bundled under 

this subsection shall have the same financial characteristics, 

including— 

‘‘(A) the same funding category or subcategory; and 

‘‘(B) the same Federal share. 

‘‘(6) ENGINEERING COST REIMBURSEMENT.—The provisions 

of section 102(b) do not apply to projects carried out under 

this subsection.’’; and 

(4) in subsection (k)(2), as redesignated by paragraph (2) 

of this section, by striking ‘‘104(b)(3)’’ and inserting ‘‘104(b)(2)’’. 

SEC. 1112. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL 

FACILITIES. 

(a) CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL

FACILITIES.—Section 147 of title 23, United States Code, is 

amended— 

(1) in subsection (a), in the subsection heading, by striking 

‘‘IN GENERAL.—’’ and inserting ‘‘PROGRAM.—’’; and 

(2) by striking subsections (d) through (g) and inserting 

the following: 

‘‘(d) FORMULA.—Of the amounts allocated under subsection (c)— 

‘‘(1) 35 percent shall be allocated among eligible entities 

in the proportion that— 

‘‘(A) the number of ferry passengers, including passengers in vehicles, carried by each ferry system in the 

most recent calendar year for which data is available; 

bears to 

‘‘(B) the number of ferry passengers, including passengers in vehicles, carried by all ferry systems in the 

most recent calendar year for which data is available; 

‘‘(2) 35 percent shall be allocated among eligible entities 

in the proportion that— 

‘‘(A) the number of vehicles carried by each ferry 

system in the most recent calendar year for which data 

is available; bears to 

‘‘(B) the number of vehicles carried by all ferry systems 

in the most recent calendar year for which data is available; 

and 

‘‘(3) 30 percent shall be allocated among eligible entities 

in the proportion that— 

‘‘(A) the total route nautical miles serviced by each 

ferry system in the most recent calendar year for which 

data is available; bears to 

‘‘(B) the total route nautical miles serviced by all ferry 

systems in the most recent calendar year for which data 

is available. 

‘‘(e) REDISTRIBUTION OF UNOBLIGATED AMOUNTS.—The Secretary shall— 

‘‘(1) withdraw amounts allocated to an eligible entity under 

subsection (c) that remain unobligated by the end of the third 


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129 STAT. 1346 PUBLIC LAW 114–94—DEC. 4, 2015 

fiscal year following the fiscal year for which the amounts 

were allocated; and 

‘‘(2) in the subsequent fiscal year, redistribute the amounts 

referred to in paragraph (1) in accordance with the formula 

under subsection (d) among eligible entities for which no 

amounts were withdrawn under paragraph (1). 

‘‘(f) MINIMUM AMOUNT.—Notwithstanding subsection (c), a State 

with an eligible entity that meets the requirements of this section 

shall receive not less than $100,000 under this section for a fiscal 

year. 

‘‘(g) IMPLEMENTATION.— ‘‘(1) DATA COLLECTION.— ‘‘(A) NATIONAL FERRY DATABASE.—Amounts made available for a fiscal year under this section shall be allocated 

using the most recent data available, as collected and 

imputed in accordance with the national ferry database 

established under section 1801(e) of SAFETEA–LU (23 

U.S.C. 129 note). 

‘‘(B) ELIGIBILITY FOR FUNDING.—To be eligible to 

receive funds under subsection (c), data shall have been 

submitted in the most recent collection of data for the 

national ferry database under section 1801(e) of SAFETEA– 

LU (23 U.S.C. 129 note) for at least 1 ferry service within 

the State. 

‘‘(2) ADJUSTMENTS.—On review of the data submitted under 

paragraph (1)(B), the Secretary may make adjustments to the 

data as the Secretary determines necessary to correct 

misreported or inconsistent data. 

‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

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

the Mass Transit Account) to carry out this section $80,000,000 

for each of fiscal years 2016 through 2020. 

‘‘(i) PERIOD OF AVAILABILITY.—Notwithstanding section 118(b), 

funds made available to carry out this section shall remain available 

until expended. 

‘‘(j) APPLICABILITY.—All provisions of this chapter that are 

applicable to the National Highway System, other than provisions 

relating to apportionment formula and Federal share, shall apply 

to funds made available to carry out this section, except as determined by the Secretary to be inconsistent with this section.’’. 

(b) NATIONAL FERRY DATABASE.—Section 1801(e)(4) of 

SAFETEA–LU (23 U.S.C. 129 note) is amended by striking subparagraph (D) and inserting the following: 

‘‘(D) make available, from the amounts made available 

for each fiscal year to carry out chapter 63 of title 49, 

not more than $500,000 to maintain the database.’’. 

(c) CONFORMING AMENDMENTS.—Section 129(c) of title 23, 

United States Code, is amended— 

(1) in paragraph (2), in the first sentence, by inserting 

‘‘or on a public transit ferry eligible under chapter 53 of title 

49’’ after ‘‘Interstate System’’; 

(2) in paragraph (3)— 

(A) by striking ‘‘(3) Such ferry’’ and inserting ‘‘(3)(A) 

The ferry’’; and 

(B) by adding at the end the following: 

‘‘(B) Any Federal participation shall not involve the 

construction or purchase, for private ownership, of a ferry boat, 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1347 

ferry terminal facility, or other eligible project under this section.’’; 

(3) in paragraph (4) by striking ‘‘and repair,’’ and inserting 

‘‘repair,’’; and 

(4) by striking paragraph (6) and inserting the following: 

‘‘(6) The ferry service shall be maintained in accordance 

with section 116. 

‘‘(7)(A) No ferry boat or ferry terminal with Federal participation under this title may be sold, leased, or otherwise disposed of, except in accordance with part 200 of title 2, Code 

of Federal Regulations. 

‘‘(B) The Federal share of any proceeds from a disposition 

referred to in subparagraph (A) shall be used for eligible purposes under this title.’’. 

SEC. 1113. HIGHWAY SAFETY IMPROVEMENT PROGRAM. 

(a) IN GENERAL.—Section 148 of title 23, United States Code, 

is amended— 

(1) in subsection (a)— 

(A) in paragraph (4)(B)— 

(i) in the matter preceding clause (i), by striking 

‘‘includes, but is not limited to,’’ and inserting ‘‘only 

includes’’; and 

(ii) by adding at the end the following: 

‘‘(xxv) Installation of vehicle-to-infrastructure 

communication equipment. 

‘‘(xxvi) Pedestrian hybrid beacons. 

‘‘(xxvii) Roadway improvements that provide separation between pedestrians and motor vehicles, 

including medians and pedestrian crossing islands. 

‘‘(xxviii) A physical infrastructure safety project 

not described in clauses (i) through (xxvii).’’; 

(B) by striking paragraph (10); and 

(C) by redesignating paragraphs (11) through (13) as 

paragraphs (10) through (12), respectively; 

(2) in subsection (c)(1)(A) by striking ‘‘subsections (a)(12)’’ 

and inserting ‘‘subsections (a)(11)’’; 

(3) in subsection (d)(2)(B)(i) by striking ‘‘subsection (a)(12)’’ 

and inserting ‘‘subsection (a)(11)’’; and 

(4) by adding at the end the following: 

‘‘(k) DATA COLLECTION ON UNPAVED PUBLIC ROADS.— 

‘‘(1) IN GENERAL.—A State may elect not to collect fundamental data elements for the model inventory of roadway elements on public roads that are gravel roads or otherwise 

unpaved if— 

‘‘(A) the State does not use funds provided to carry 

out this section for a project on any such roads until the 

State completes a collection of the required model inventory 

of roadway elements for the applicable road segment; and 

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

with affected Indian tribes before ceasing to collect data 

with respect to such roads that are included in the National 

Tribal Transportation Facility Inventory under section 

202(b)(1) of this title. 

‘‘(2) RULE OF CONSTRUCTION.—Nothing in this subsection 

may be construed to allow a State to cease data collection 

related to serious injuries or fatalities.’’. 


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129 STAT. 1348 PUBLIC LAW 114–94—DEC. 4, 2015 

(b) COMMERCIAL MOTOR VEHICLE SAFETY BEST PRACTICES.— (1) REVIEW.—The Secretary shall conduct a review of best 

practices with respect to the implementation of roadway safety 

infrastructure improvements that— 

(A) are cost effective; and 

(B) reduce the number or severity of accidents involving 

commercial motor vehicles. 

(2) CONSULTATION.—In conducting the review under paragraph (1), the Secretary shall consult with State transportation 

departments and units of local government. 

(3) REPORT.—Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee 

on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public 

Works of the Senate a report describing the results of the 

review conducted under paragraph (1). 

SEC. 1114. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT 

PROGRAM. 

Section 149 of title 23, United States Code, is amended— 

(1) in subsection (b)— 

(A) in paragraph (1)(A)(i)(I) by inserting ‘‘in the designated nonattainment area’’ after ‘‘air quality standard’’; 

(B) in paragraph (3) by inserting ‘‘or maintenance’’ 

after ‘‘likely to contribute to the attainment’’; 

(C) in paragraph (4) by striking ‘‘attainment of’’ and 

inserting ‘‘attainment or maintenance in the area of’’; 

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

(E) in paragraph (8)— 

(i) in subparagraph (A)(ii)— 

(I) in the matter preceding subclause (I) by 

inserting ‘‘or port-related freight operations’’ after 

‘‘construction projects’’; and 

(II) in subclause (II) by inserting ‘‘or chapter 

53 of title 49’’ after ‘‘this title’’; and 

(ii) in subparagraph (B) by striking the period 

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

(F) by adding at the end the following: 

‘‘(9) if the project or program is for the installation of 

vehicle-to-infrastructure communication equipment.’’; 

(2) in subsection (c)(2) by inserting ‘‘(giving priority to 

corridors designated under section 151)’’ after ‘‘at any location 

in the State’’; 

(3) in subsection (d)— 

(A) by striking paragraph (1)(B) and inserting the following: 

‘‘(B) is eligible under the surface transportation block 

grant program under section 133.’’; 

(B) in paragraph (2)— 

(i) in subparagraph (A)— 

(I) in the matter preceding clause (i) by 

inserting ‘‘would otherwise be eligible under subsection (b) if the project were carried out in a 

nonattainment or maintenance area or’’ after ‘‘may 

use for any project that’’; and 

(II) in clause (i) by striking ‘‘paragraph (l)’’ 

and inserting ‘‘subsection (k)(1)’’; and 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1349 

(ii) in subparagraph (B)(i) by striking ‘‘MAP–21t’’ 

and inserting ‘‘MAP–21’’; and 

(C) in paragraph (3) by inserting ‘‘, in a manner consistent with the approach that was in effect on the day 

before the date of enactment of MAP–21,’’ after ‘‘the Secretary shall modify’’; 

(4) in subsection (g)(2)(B) by striking ‘‘not later that’’ and 

inserting ‘‘not later than’’; 

(5) in subsection (k) by adding at the end the following: 

‘‘(3) PM2.5 NONATTAINMENT AND MAINTENANCE IN LOW

POPULATION DENSITY STATES.— ‘‘(A) EXCEPTION.—In any State with a population density of 80 or fewer persons per square mile of land area, 

based on the most recent decennial census, the requirements under subsection (g)(3) and paragraphs (1) and (2) 

of this subsection shall not apply to a nonattainment or 

maintenance area in the State if— 

‘‘(i) the nonattainment or maintenance area does 

not have projects that are part of the emissions analysis of a metropolitan transportation plan or transportation improvement program; and 

‘‘(ii) regional motor vehicle emissions are an 

insignificant contributor to the air quality problem for 

PM2.5 in the nonattainment or maintenance area. 

‘‘(B) CALCULATION.—If subparagraph (A) applies to a 

nonattainment or maintenance area in a State, the percentage of the PM2.5 set-aside under paragraph (1) shall be 

reduced for that State proportionately based on the 

weighted population of the area in fine particulate matter 

nonattainment. 

‘‘(4) PORT-RELATED EQUIPMENT AND VEHICLES.—To meet 

the requirements under paragraph (1), a State or metropolitan 

planning organization may elect to obligate funds to the most 

cost-effective projects to reduce emissions from port-related 

landside nonroad or on-road equipment that is operated within 

the boundaries of a PM2.5 nonattainment or maintenance 

area.’’; 

(6) in subsection (l)(1)(B) by inserting ‘‘air quality and 

traffic congestion’’ before ‘‘performance targets’’; and 

(7) in subsection (m) by striking ‘‘section 104(b)(2)’’ and 

inserting ‘‘section 104(b)(4)’’. 

SEC. 1115. TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM. 

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

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

inserting ‘‘$158,000,000’’; and 

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

‘‘$42,000,000’’. 

SEC. 1116. NATIONAL HIGHWAY FREIGHT PROGRAM. 

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

is amended to read as follows: 

‘‘§ 167. National highway freight program 

‘‘(a) IN GENERAL.— 

‘‘(1) POLICY.—It is the policy of the United States to 

improve the condition and performance of the National Highway 

Freight Network established under this section to ensure that 


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129 STAT. 1350 PUBLIC LAW 114–94—DEC. 4, 2015 

the Network provides the foundation for the United States 

to compete in the global economy and achieve the goals 

described in subsection (b). 

‘‘(2) ESTABLISHMENT.—In support of the goals described 

in subsection (b), the Administrator of the Federal Highway 

Administration shall establish a national highway freight program in accordance with this section to improve the efficient 

movement of freight on the National Highway Freight Network. 

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

are— 

‘‘(1) to invest in infrastructure improvements and to implement operational improvements on the highways of the United 

States that— 

‘‘(A) strengthen the contribution of the National Highway Freight Network to the economic competitiveness of 

the United States; 

‘‘(B) reduce congestion and bottlenecks on the National 

Highway Freight Network; 

‘‘(C) reduce the cost of freight transportation; 

‘‘(D) improve the year-round reliability of freight 

transportation; and 

‘‘(E) increase productivity, particularly for domestic 

industries and businesses that create high-value jobs; 

‘‘(2) to improve the safety, security, efficiency, and resiliency 

of freight transportation in rural and urban areas; 

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

Highway Freight Network; 

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

the safety, efficiency, and reliability of the National Highway 

Freight Network; 

‘‘(5) to improve the efficiency and productivity of the 

National Highway Freight Network; 

‘‘(6) to improve the flexibility of States to support multiState corridor planning and the creation of multi-State 

organizations to increase the ability of States to address highway freight connectivity; and 

‘‘(7) to reduce the environmental impacts of freight movement on the National Highway Freight Network. 

‘‘(c) ESTABLISHMENT OF NATIONAL HIGHWAY FREIGHT NETWORK.— 

‘‘(1) IN GENERAL.—The Administrator shall establish a 

National Highway Freight Network in accordance with this 

section to strategically direct Federal resources and policies 

toward improved performance of the Network. 

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

Freight Network shall consist of— 

‘‘(A) the primary highway freight system, as designated 

under subsection (d); 

‘‘(B) critical rural freight corridors established under 

subsection (e); 

‘‘(C) critical urban freight corridors established under 

subsection (f); and 

‘‘(D) the portions of the Interstate System not designated as part of the primary highway freight system. 

‘‘(d) DESIGNATION AND REDESIGNATION OF THE PRIMARY HIGHWAY FREIGHT SYSTEM.— 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1351 

‘‘(1) INITIAL DESIGNATION OF PRIMARY HIGHWAY FREIGHT

SYSTEM.—The initial designation of the primary highway freight 

system shall be the 41,518-mile network identified during the 

designation process for the primary freight network under section 167(d) of this title, as in effect on the day before the 

date of enactment of the FAST Act. 

‘‘(2) REDESIGNATION OF PRIMARY HIGHWAY FREIGHT

SYSTEM.— 

‘‘(A) IN GENERAL.—Beginning 5 years after the date 

of enactment of the FAST Act, and every 5 years thereafter, 

using the designation factors described in subparagraph 

(E), the Administrator shall redesignate the primary highway freight system. 

‘‘(B) REDESIGNATION MILEAGE.—Each redesignation 

may increase the mileage on the primary highway freight 

system by not more than 3 percent of the total mileage 

of the system. 

‘‘(C) USE OF MEASURABLE DATA.—In redesignating the 

primary highway freight system, to the maximum extent 

practicable, the Administrator shall use measurable data 

to assess the significance of goods movement, including 

consideration of points of origin, destinations, and linking 

components of the United States global and domestic supply 

chains. 

‘‘(D) INPUT.—In redesignating the primary highway 

freight system, the Administrator shall provide an opportunity for State freight advisory committees, as applicable, 

to submit additional miles for consideration. 

‘‘(E) FACTORS FOR REDESIGNATION.—In redesignating 

the primary highway freight system, the Administrator 

shall consider— 

‘‘(i) changes in the origins and destinations of 

freight movement in, to, and from the United States; 

‘‘(ii) changes in the percentage of annual daily 

truck traffic in the annual average daily traffic on 

principal arterials; 

‘‘(iii) changes in the location of key facilities; 

‘‘(iv) land and water ports of entry; 

‘‘(v) access to energy exploration, development, 

installation, or production areas; 

‘‘(vi) access to other freight intermodal facilities, 

including rail, air, water, and pipelines facilities; 

‘‘(vii) the total freight tonnage and value moved 

via highways; 

‘‘(viii) significant freight bottlenecks, as identified 

by the Administrator; 

‘‘(ix) the significance of goods movement on principal arterials, including consideration of global and 

domestic supply chains; 

‘‘(x) critical emerging freight corridors and critical 

commerce corridors; and 

‘‘(xi) network connectivity. 

‘‘(e) CRITICAL RURAL FREIGHT CORRIDORS.— 

‘‘(1) IN GENERAL.—A State may designate a public road 

within the borders of the State as a critical rural freight corridor 

if the public road is not in an urbanized area and— 


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129 STAT. 1352 PUBLIC LAW 114–94—DEC. 4, 2015 

‘‘(A) is a rural principal arterial roadway and has a 

minimum of 25 percent of the annual average daily traffic 

of the road measured in passenger vehicle equivalent units 

from trucks (Federal Highway Administration vehicle class 

8 to 13); 

‘‘(B) provides access to energy exploration, development, installation, or production areas; 

‘‘(C) connects the primary highway freight system, a 

roadway described in subparagraph (A) or (B), or the Interstate System to facilities that handle more than— 

‘‘(i) 50,000 20-foot equivalent units per year; or 

‘‘(ii) 500,000 tons per year of bulk commodities; 

‘‘(D) provides access to— 

‘‘(i) a grain elevator; 

‘‘(ii) an agricultural facility; 

‘‘(iii) a mining facility; 

‘‘(iv) a forestry facility; or 

‘‘(v) an intermodal facility; 

‘‘(E) connects to an international port of entry; 

‘‘(F) provides access to significant air, rail, water, or 

other freight facilities in the State; or 

‘‘(G) is, in the determination of the State, vital to 

improving the efficient movement of freight of importance 

to the economy of the State. 

‘‘(2) LIMITATION.—A State may designate as critical rural 

freight corridors a maximum of 150 miles of highway or 20 

percent of the primary highway freight system mileage in the 

State, whichever is greater. 

‘‘(f) CRITICAL URBAN FREIGHT CORRIDORS.— 

‘‘(1) URBANIZED AREA WITH POPULATION OF 500,000 OR

MORE.—In an urbanized area with a population of 500,000 

or more individuals, the representative metropolitan planning 

organization, in consultation with the State, may designate 

a public road within the borders of that area of the State 

as a critical urban freight corridor. 

‘‘(2) URBANIZED AREA WITH A POPULATION LESS THAN

500,000.—In an urbanized area with a population of less than 

500,000 individuals, the State, in consultation with the representative metropolitan planning organization, may designate 

a public road within the borders of that area of the State 

as a critical urban freight corridor. 

‘‘(3) REQUIREMENTS FOR DESIGNATION.—A designation may 

be made under paragraph (1) or (2) if the public road— 

‘‘(A) is in an urbanized area, regardless of population; 

and 

‘‘(B)(i) connects an intermodal facility to— 

‘‘(I) the primary highway freight system; 

‘‘(II) the Interstate System; or 

‘‘(III) an intermodal freight facility; 

‘‘(ii) is located within a corridor of a route on the 

primary highway freight system and provides an alternative highway option important to goods movement; 

‘‘(iii) serves a major freight generator, logistic center, 

or manufacturing and warehouse industrial land; or 

‘‘(iv) is important to the movement of freight within 

the region, as determined by the metropolitan planning 

organization or the State. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1353 

‘‘(4) LIMITATION.—For each State, a maximum of 75 miles 

of highway or 10 percent of the primary highway freight system 

mileage in the State, whichever is greater, may be designated 

as a critical urban freight corridor under paragraphs (1) and 

(2). 

‘‘(g) DESIGNATION AND CERTIFICATION.— ‘‘(1) DESIGNATION.—States and metropolitan planning 

organizations may designate corridors under subsections (e) 

and (f) and submit the designated corridors to the Administrator on a rolling basis. 

‘‘(2) CERTIFICATION.—Each State or metropolitan planning 

organization that designates a corridor under subsection (e) 

or (f) shall certify to the Administrator that the designated 

corridor meets the requirements of the applicable subsection. 

‘‘(h) HIGHWAY FREIGHT TRANSPORTATION CONDITIONS AND

PERFORMANCE REPORTS.—Not later than 2 years after the date 

of enactment of the FAST Act, and biennially thereafter, the 

Administrator shall prepare and submit to Congress a report that 

describes the conditions and performance of the National Highway 

Freight Network in the United States. 

‘‘(i) USE OF APPORTIONED FUNDS.— 

‘‘(1) IN GENERAL.—A State shall obligate funds apportioned 

to the State under section 104(b)(5) to improve the movement 

of freight on the National Highway Freight Network. 

‘‘(2) FORMULA.—The Administrator shall calculate for each 

State the proportion that— 

‘‘(A) the total mileage in the State designated as part 

of the primary highway freight system; bears to 

‘‘(B) the total mileage of the primary highway freight 

system in all States. 

‘‘(3) USE OF FUNDS.— 

‘‘(A) STATES WITH HIGH PRIMARY HIGHWAY FREIGHT

SYSTEM MILEAGE.—If the proportion of a State under paragraph (2) is greater than or equal to 2 percent, the State 

may obligate funds apportioned to the State under section 

104(b)(5) for projects on— 

‘‘(i) the primary highway freight system; 

‘‘(ii) critical rural freight corridors; and 

‘‘(iii) critical urban freight corridors. 

‘‘(B) STATES WITH LOW PRIMARY HIGHWAY FREIGHT

SYSTEM MILEAGE.—If the proportion of a State under paragraph (2) is less than 2 percent, the State may obligate 

funds apportioned to the State under section 104(b)(5) for 

projects on any component of the National Highway Freight 

Network. 

‘‘(4) FREIGHT PLANNING.—Notwithstanding any other provision of law, effective beginning 2 years after the date of enactment of the FAST Act, a State may not obligate funds apportioned to the State under section 104(b)(5) unless the State 

has developed a freight plan in accordance with section 70202 

of title 49, except that the multimodal component of the plan 

may be incomplete before an obligation may be made under 

this section. 

‘‘(5) ELIGIBILITY.— 

‘‘(A) IN GENERAL.—Except as provided in this subsection, for a project to be eligible for funding under this 

section the project shall— 


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129 STAT. 1354 PUBLIC LAW 114–94—DEC. 4, 2015 

‘‘(i) contribute to the efficient movement of freight 

on the National Highway Freight Network; and 

‘‘(ii) be identified in a freight investment plan 

included in a freight plan of the State that is in effect. 

‘‘(B) OTHER PROJECTS.—For each fiscal year, a State 

may obligate not more than 10 percent of the total apportionment of the State under section 104(b)(5) for freight 

intermodal or freight rail projects, including projects— 

‘‘(i) within the boundaries of public or private 

freight rail or water facilities (including ports); and 

‘‘(ii) that provide surface transportation infrastructure necessary to facilitate direct intermodal interchange, transfer, and access into or out of the facility. 

‘‘(C) ELIGIBLE PROJECTS.—Funds apportioned to the 

State under section 104(b)(5) for the national highway 

freight program may be obligated to carry out 1 or more 

of the following: 

‘‘(i) Development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design 

work, and other preconstruction activities. 

‘‘(ii) Construction, reconstruction, rehabilitation, 

acquisition of real property (including land relating 

to the project and improvements to land), construction 

contingencies, acquisition of equipment, and operational improvements directly relating to improving 

system performance. 

‘‘(iii) Intelligent transportation systems and other 

technology to improve the flow of freight, including 

intelligent freight transportation systems. 

‘‘(iv) Efforts to reduce the environmental impacts 

of freight movement. 

‘‘(v) Environmental and community mitigation for 

freight movement. 

‘‘(vi) Railway-highway grade separation. 

‘‘(vii) Geometric improvements to interchanges and 

ramps. 

‘‘(viii) Truck-only lanes. 

‘‘(ix) Climbing and runaway truck lanes. 

‘‘(x) Adding or widening of shoulders. 

‘‘(xi) Truck parking facilities eligible for funding 

under section 1401 of MAP–21 (23 U.S.C. 137 note). 

‘‘(xii) Real-time traffic, truck parking, roadway 

condition, and multimodal transportation information 

systems. 

‘‘(xiii) Electronic screening and credentialing systems for vehicles, including weigh-in-motion truck 

inspection technologies. 

‘‘(xiv) Traffic signal optimization, including synchronized and adaptive signals. 

‘‘(xv) Work zone management and information systems. 

‘‘(xvi) Highway ramp metering. 

‘‘(xvii) Electronic cargo and border security technologies that improve truck freight movement. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1355 

‘‘(xviii) Intelligent transportation systems that 

would increase truck freight efficiencies inside the 

boundaries of intermodal facilities. 

‘‘(xix) Additional road capacity to address highway 

freight bottlenecks. 

‘‘(xx) Physical separation of passenger vehicles 

from commercial motor freight. 

‘‘(xxi) Enhancement of the resiliency of critical 

highway infrastructure, including highway infrastructure that supports national energy security, to improve 

the flow of freight. 

‘‘(xxii) A highway or bridge project, other than 

a project described in clauses (i) through (xxi), to 

improve the flow of freight on the National Highway 

Freight Network. 

‘‘(xxiii) Any other surface transportation project 

to improve the flow of freight into and out of a facility 

described in subparagraph (B). 

‘‘(6) OTHER ELIGIBLE COSTS.—In addition to the eligible 

projects identified in paragraph (5), a State may use funds 

apportioned under section 104(b)(5) for— 

‘‘(A) carrying out diesel retrofit or alternative fuel 

projects under section 149 for class 8 vehicles; and 

‘‘(B) the necessary costs of— 

‘‘(i) conducting analyses and data collection related 

to the national highway freight program; 

‘‘(ii) developing and updating performance targets 

to carry out this section; and 

‘‘(iii) reporting to the Administrator to comply with 

the freight performance target under section 150. 

‘‘(7) APPLICABILITY OF PLANNING REQUIREMENTS.—Programming and expenditure of funds for projects under this section 

shall be consistent with the requirements of sections 134 and 

135. 

‘‘(j) STATE PERFORMANCE TARGETS.—If the Administrator determines that a State has not met or made significant progress toward 

meeting the performance targets related to freight movement of 

the State established under section 150(d) by the date that is 

2 years after the date of the establishment of the performance 

targets, the State shall include in the next report submitted under 

section 150(e) a description of the actions the State will undertake 

to achieve the targets, including— 

‘‘(1) an identification of significant freight system trends, 

needs, and issues within the State; 

‘‘(2) a description of the freight policies and strategies that 

will guide the freight-related transportation investments of the 

State; 

‘‘(3) an inventory of freight bottlenecks within the State 

and a description of the ways in which the State is allocating 

national highway freight program funds to improve those bottlenecks; and 

‘‘(4) a description of the actions the State will undertake 

to meet the performance targets of the State. 

‘‘(k) INTELLIGENT FREIGHT TRANSPORTATION SYSTEM.— 

‘‘(1) DEFINITION OF INTELLIGENT FREIGHT TRANSPORTATION

SYSTEM.—In this section, the term ‘intelligent freight transportation system’ means— 


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129 STAT. 1356 PUBLIC LAW 114–94—DEC. 4, 2015 

‘‘(A) innovative or intelligent technological transportation systems, infrastructure, or facilities, including elevated freight transportation facilities— 

‘‘(i) in proximity to, or within, an existing right 

of way on a Federal-aid highway; or 

‘‘(ii) that connect land ports-of entry to existing 

Federal-aid highways; or 

‘‘(B) communications or information processing systems 

that improve the efficiency, security, or safety of freight 

movements on the Federal-aid highway system, including 

to improve the conveyance of freight on dedicated intelligent freight lanes. 

‘‘(2) OPERATING STANDARDS.—The Administrator shall 

determine whether there is a need for establishing operating 

standards for intelligent freight transportation systems. 

‘‘(l) TREATMENT OF FREIGHT PROJECTS.—Notwithstanding any 

other provision of law, a freight project carried out under this 

section shall be treated as if the project were on a Federal-aid 

highway.’’. 

(b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title 

23, United States Code, is amended by striking the item relating 

to section 167 and inserting the following: 

‘‘167. National highway freight program.’’. 

(c) REPEALS.—Sections 1116, 1117, and 1118 of MAP–21 (23 

U.S.C. 167 note), and the items relating to such sections in the 

table of contents in section 1(c) of such Act, are repealed. 

SEC. 1117. FEDERAL LANDS AND TRIBAL TRANSPORTATION PROGRAMS. 

(a) TRIBAL DATA COLLECTION.—Section 201(c)(6) of title 23, 

United States Code, is amended by adding at the end the following: 

‘‘(C) TRIBAL DATA COLLECTION.—In addition to the data 

to be collected under subparagraph (A), not later than 

90 days after the last day of each fiscal year, any entity 

carrying out a project under the tribal transportation program under section 202 shall submit to the Secretary and 

the Secretary of the Interior, based on obligations and 

expenditures under the tribal transportation program 

during the preceding fiscal year, the following data: 

‘‘(i) The names of projects and activities carried 

out by the entity under the tribal transportation program during the preceding fiscal year. 

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

identified under clause (i). 

‘‘(iii) The current status of the projects and activities identified under clause (i). 

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

and the number of jobs retained by the projects and 

activities identified under clause (i).’’. 

(b) REPORT ON TRIBAL GOVERNMENT TRANSPORTATION SAFETY

DATA.— 

(1) FINDINGS.—Congress finds that— 

(A) in many States, the Native American population 

is disproportionately represented in fatalities and crash 

statistics; 

23 USC 

prec. 101. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1357 

(B) improved crash reporting by tribal law enforcement 

agencies would facilitate safety planning and would enable 

Indian tribes to apply more successfully for State and Federal funds for safety improvements; 

(C) the causes of underreporting of crashes on Indian 

reservations include— 

(i) tribal law enforcement capacity, including— 

(I) staffing shortages and turnover; and 

(II) lack of equipment, software, and training; 

and 

(ii) lack of standardization in crash reporting forms 

and protocols; and 

(D) without more accurate reporting of crashes on 

Indian reservations, it is difficult or impossible to fully 

understand the nature of the problem and develop appropriate countermeasures, which may include effective 

transportation safety planning and programs aimed at— 

(i) driving under the influence (DUI) prevention; 

(ii) pedestrian safety; 

(iii) roadway safety improvements; 

(iv) seat belt usage; and 

(v) proper use of child restraints. 

(2) REPORT TO CONGRESS.— 

(A) IN GENERAL.—Not later than 1 year after the date 

of enactment of this Act, the Secretary, after consultation 

with the Secretary of Interior, the Secretary of Health 

and Human Services, the Attorney General, and Indian 

tribes, shall submit to the Committee on Environment and 

Public Works and the Committee on Indian Affairs of the 

Senate and the Committee on Transportation and Infrastructure and the Committee on Natural Resources of the 

House of Representatives a report describing the quality 

of transportation safety data collected by States, counties, 

and Indian tribes for transportation safety systems and 

the relevance of that data to improving the collection and 

sharing of data on crashes on Indian reservations. 

(B) PURPOSES.—The purposes of the report are— 

(i) to improve the collection and sharing of data 

on crashes on Indian reservations; and 

(ii) to develop data that Indian tribes can use 

to recover damages to tribal property caused by motorists. 

(C) PAPERLESS DATA REPORTING.—In preparing the 

report, the Secretary shall provide States, counties, and 

Indian tribes with options and best practices for transition 

to a paperless transportation safety data reporting system 

that— 

(i) improves the collection of crash reports; 

(ii) stores, archives, queries, and shares crash 

records; and 

(iii) uses data exclusively— 

(I) to address traffic safety issues on Indian 

reservations; and 

(II) to identify and improve problem areas on 

public roads on Indian reservations. 


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129 STAT. 1358 PUBLIC LAW 114–94—DEC. 4, 2015 

(D) ADDITIONAL BUDGETARY RESOURCES.—The Secretary shall include in the report the identification of Federal transportation funds provided to Indian tribes by agencies in addition to the Department and the Department 

of the Interior. 

(c) STUDY ON BUREAU OF INDIAN AFFAIRS ROAD SAFETY.— Not later than 2 years after the date of enactment of this Act, 

the Secretary, in consultation with the Secretary of Interior, the 

Attorney General, States, and Indian tribes shall— 

(1) complete a study that identifies and evaluates options 

for improving safety on public roads on Indian reservations; 

and 

(2) submit to the Committee on Environment and Public 

Works and the Committee on Indian Affairs of the Senate 

and the Committee on Transportation and Infrastructure and 

the Committee on Natural Resources of the House of Representatives a report describing the results of the study. 

SEC. 1118. TRIBAL TRANSPORTATION PROGRAM AMENDMENT. 

Section 202 of title 23, United States Code, is amended— 

(1) in subsection (a)(6) by striking ‘‘6 percent’’ and inserting 

‘‘5 percent’’; and 

(2) in subsection (d)(2) in the matter preceding subparagraph (A) by striking ‘‘2 percent’’ and inserting ‘‘3 percent’’. 

SEC. 1119. FEDERAL LANDS TRANSPORTATION PROGRAM. 

Section 203 of title 23, United States Code, is amended— 

(1) in subsection (a)(1)— 

(A) in subparagraph (B) by striking ‘‘operation’’ and 

inserting ‘‘capital, operations,’’; and 

(B) in subparagraph (D) by striking ‘‘subparagraph 

(A)(iv)’’ and inserting ‘‘subparagraph (A)(iv)(I)’’; 

(2) in subsection (b)— 

(A) in paragraph (1)(B)— 

(i) in clause (iv) by striking ‘‘and’’ at the end; 

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

end and inserting a semicolon; and 

(iii) by adding at the end the following: 

‘‘(vi) the Bureau of Reclamation; and 

‘‘(vii) independent Federal agencies with natural 

resource and land management responsibilities.’’; and 

(B) in paragraph (2)(B)— 

(i) in the matter preceding clause (i) by inserting 

‘‘performance management, including’’ after ‘‘support’’; 

and 

(ii) in clause (i)(II) by striking ‘‘, and’’ and inserting 

‘‘; and’’; and 

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

‘‘(vi) The Bureau of Reclamation.’’. 

SEC. 1120. FEDERAL LANDS PROGRAMMATIC ACTIVITIES. 

Section 201(c) of title 23, United States Code, is amended— 

(1) in paragraph (6)(A)— 

(A) by redesignating clauses (i) and (ii) as subclauses 

(I) and (II), respectively (and by moving the subclauses 

2 ems to the right); 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1359 

(B) in the matter preceding subclause (I) (as so redesignated), by striking ‘‘The Secretaries’’ and inserting the 

following: 

‘‘(i) IN GENERAL.—The Secretaries’’; 

(C) by inserting a period after ‘‘tribal transportation 

program’’; and 

(D) by striking ‘‘in accordance with’’ and all that follows 

through ‘‘including—’’ and inserting the following: 

‘‘(ii) REQUIREMENT.—Data collected to implement 

the tribal transportation program shall be in accordance with the Indian Self-Determination and Education 

Assistance Act (25 U.S.C. 450 et seq.). 

‘‘(iii) INCLUSIONS.—Data collected under this paragraph includes—’’; and 

(2) by striking paragraph (7) and inserting the following— 

‘‘(7) COOPERATIVE RESEARCH AND TECHNOLOGY DEPLOYMENT.—The Secretary may conduct cooperative research and 

technology deployment in coordination with Federal land 

management agencies, as determined appropriate by the Secretary. 

‘‘(8) FUNDING.— 

‘‘(A) IN GENERAL.—To carry out the activities described 

in this subsection for Federal lands transportation facilities, 

Federal lands access transportation facilities, and other 

federally owned roads open to public travel (as that term 

is defined in section 125(e)), the Secretary shall for each 

fiscal year combine and use not greater than 5 percent 

of the funds authorized for programs under sections 203 

and 204. 

‘‘(B) OTHER ACTIVITIES.—In addition to the activities 

described in subparagraph (A), funds described under that 

subparagraph may be used for— 

‘‘(i) bridge inspections on any federally owned 

bridge even if that bridge is not included on the inventory described under section 203; and 

‘‘(ii) transportation planning activities carried out 

by Federal land management agencies eligible for 

funding under this chapter.’’. 

SEC. 1121. TRIBAL TRANSPORTATION SELF-GOVERNANCE PROGRAM. 

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

is amended by inserting after section 206 the following: 

‘‘§ 207. Tribal transportation self-governance program 

‘‘(a) ESTABLISHMENT.—Subject to the requirements of this section, the Secretary shall establish and carry out a program to 

be known as the tribal transportation self-governance program. 

The Secretary may delegate responsibilities for administration of 

the program as the Secretary determines appropriate. 

‘‘(b) ELIGIBILITY.— 

‘‘(1) IN GENERAL.—Subject to paragraphs (2) and (3), an 

Indian tribe shall be eligible to participate in the program 

if the Indian tribe requests participation in the program by 

resolution or other official action by the governing body of 

the Indian tribe, and demonstrates, for the preceding 3 fiscal 

years, financial stability and financial management capability, 

and transportation program management capability. 

23 USC 207. 


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129 STAT. 1360 PUBLIC LAW 114–94—DEC. 4, 2015 

‘‘(2) CRITERIA FOR DETERMINING FINANCIAL STABILITY AND

FINANCIAL MANAGEMENT CAPACITY.—For the purposes of paragraph (1), evidence that, during the preceding 3 fiscal years, 

an Indian tribe had no uncorrected significant and material 

audit exceptions in the required annual audit of the Indian 

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

agreements with any Federal agency shall be conclusive evidence of the required financial stability and financial management capability. 

‘‘(3) CRITERIA FOR DETERMINING TRANSPORTATION PROGRAM

MANAGEMENT CAPABILITY.—The Secretary shall require an 

Indian tribe to demonstrate transportation program management capability, including the capability to manage and complete projects eligible under this title and projects eligible under 

chapter 53 of title 49, to gain eligibility for the program. 

‘‘(c) COMPACTS.— ‘‘(1) COMPACT REQUIRED.—Upon the request of an eligible 

Indian tribe, and subject to the requirements of this section, 

the Secretary shall negotiate and enter into a written compact 

with the Indian tribe for the purpose of providing for the 

participation of the Indian tribe in the program. 

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

(1) shall set forth the general terms of the government-togovernment relationship between the Indian tribe and the 

United States under the program and other terms that will 

continue to apply in future fiscal years. 

‘‘(3) AMENDMENTS.—A compact entered into with an Indian 

tribe under paragraph (1) may be amended only by mutual 

agreement of the Indian tribe and the Secretary. 

‘‘(d) ANNUAL FUNDING AGREEMENTS.— 

‘‘(1) FUNDING AGREEMENT REQUIRED.—After entering into 

a compact with an Indian tribe under subsection (c), the Secretary shall negotiate and enter into a written annual funding 

agreement with the Indian tribe. 

‘‘(2) CONTENTS.— ‘‘(A) IN GENERAL.— 

‘‘(i) FORMULA FUNDING AND DISCRETIONARY

GRANTS.—A funding agreement entered into with an 

Indian tribe shall authorize the Indian tribe, as determined by the Indian tribe, to plan, conduct, consolidate, 

administer, and receive full tribal share funding, tribal 

transit formula funding, and funding to tribes from 

discretionary and competitive grants administered by 

the Department for all programs, services, functions, 

and activities (or portions thereof) that are made available to Indian tribes to carry out tribal transportation 

programs and programs, services, functions, and activities (or portions thereof) administered by the Secretary 

that are otherwise available to Indian tribes. 

‘‘(ii) TRANSFERS OF STATE FUNDS.— 

‘‘(I) INCLUSION OF TRANSFERRED FUNDS IN

FUNDING AGREEMENT.—A funding agreement 

entered into with an Indian tribe shall include 

Federal-aid funds apportioned to a State under 

chapter 1 if the State elects to provide a portion 

of such funds to the Indian tribe for a project 

eligible under section 202(a). The provisions of this 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1361 

section shall be in addition to the methods for 

making funding contributions described in section 

202(a)(9). Nothing in this section shall diminish 

the authority of the Secretary to provide funds 

to an Indian tribe under section 202(a)(9). 

‘‘(II) METHOD FOR TRANSFERS.—If a State 

elects to provide funds described in subclause (I) 

to an Indian tribe— 

‘‘(aa) the transfer may occur in accordance 

with section 202(a)(9); or 

‘‘(bb) the State shall transfer the funds 

back to the Secretary and the Secretary shall 

transfer the funds to the Indian tribe in 

accordance with this section. 

‘‘(III) RESPONSIBILITY FOR TRANSFERRED

FUNDS.—Notwithstanding any other provision of 

law, if a State provides funds described in subclause (I) to an Indian tribe— 

‘‘(aa) the State shall not be responsible 

for constructing or maintaining a project carried out using the funds or for administering 

or supervising the project or funds during the 

applicable statute of limitations period related 

to the construction of the project; and 

‘‘(bb) the Indian tribe shall be responsible 

for constructing and maintaining a project carried out using the funds and for administering 

and supervising the project and funds in 

accordance with this section during the 

applicable statute of limitations period related 

to the construction of the project. 

‘‘(B) ADMINISTRATION OF TRIBAL SHARES.—The tribal 

shares referred to in subparagraph (A) shall be provided 

without regard to the agency or office of the Department 

within which the program, service, function, or activity 

(or portion thereof) is performed. 

‘‘(C) FLEXIBLE AND INNOVATIVE FINANCING.— 

‘‘(i) IN GENERAL.—A funding agreement entered 

into with an Indian tribe under paragraph (1) shall 

include provisions pertaining to flexible and innovative 

financing if agreed upon by the parties. 

‘‘(ii) TERMS AND CONDITIONS.— 

‘‘(I) AUTHORITY TO ISSUE REGULATIONS.—The 

Secretary may issue regulations to establish the 

terms and conditions relating to the flexible and 

innovative financing provisions referred to in 

clause (i). 

‘‘(II) TERMS AND CONDITIONS IN ABSENCE OF

REGULATIONS.—If the Secretary does not issue 

regulations under subclause (I), the terms and 

conditions relating to the flexible and innovative 

financing provisions referred to in clause (i) shall 

be consistent with— 

‘‘(aa) agreements entered into by the 

Department under— 

‘‘(AA) section 202(b)(7); and 


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129 STAT. 1362 PUBLIC LAW 114–94—DEC. 4, 2015 

‘‘(BB) section 202(d)(5), as in effect 

before the date of enactment of MAP–21 

(Public Law 112–141); or 

‘‘(bb) regulations of the Department of the 

Interior relating to flexible financing contained 

in part 170 of title 25, Code of Federal Regulations, as in effect on the date of enactment 

of the FAST Act. 

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

‘‘(A) terms that generally identify the programs, services, functions, and activities (or portions thereof) to be 

performed or administered by the Indian tribe; and 

‘‘(B) for items identified in subparagraph (A)— 

‘‘(i) the general budget category assigned; 

‘‘(ii) the funds to be provided, including those funds 

to be provided on a recurring basis; 

‘‘(iii) the time and method of transfer of the funds; 

‘‘(iv) the responsibilities of the Secretary and the 

Indian tribe; and 

‘‘(v) any other provision agreed to by the Indian 

tribe and the Secretary. 

‘‘(4) SUBSEQUENT FUNDING AGREEMENTS.— 

‘‘(A) APPLICABILITY OF EXISTING AGREEMENT.—Absent 

notification from an Indian tribe that the Indian tribe 

is withdrawing from or retroceding the operation of 1 or 

more programs, services, functions, or activities (or portions 

thereof) identified in a funding agreement, or unless otherwise agreed to by the parties, each funding agreement 

shall remain in full force and effect until a subsequent 

funding agreement is executed. 

‘‘(B) EFFECTIVE DATE OF SUBSEQUENT AGREEMENT.— 

The terms of the subsequent funding agreement shall be 

retroactive to the end of the term of the preceding funding 

agreement. 

‘‘(5) CONSENT OF INDIAN TRIBE REQUIRED.—The Secretary 

shall not revise, amend, or require additional terms in a new 

or subsequent funding agreement without the consent of the 

Indian tribe that is subject to the agreement unless such terms 

are required by Federal law. 

‘‘(e) GENERAL PROVISIONS.— 

‘‘(1) REDESIGN AND CONSOLIDATION.— 

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

that the Indian tribe considers to be in the best interest 

of the Indian community being served, may— 

‘‘(i) redesign or consolidate programs, services, 

functions, and activities (or portions thereof) included 

in a funding agreement; and 

‘‘(ii) reallocate or redirect funds for such programs, 

services, functions, and activities (or portions thereof), 

if the funds are— 

‘‘(I) expended on projects identified in a 

transportation improvement program approved by 

the Secretary; and 

‘‘(II) used in accordance with the requirements 

in— 

‘‘(aa) appropriations Acts; 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1363 

‘‘(bb) this title and chapter 53 of title 49; 

and 

‘‘(cc) any other applicable law. 

‘‘(B) EXCEPTION.—Notwithstanding subparagraph (A), 

if, pursuant to subsection (d), an Indian tribe receives 

a discretionary or competitive grant from the Secretary 

or receives State apportioned funds, the Indian tribe shall 

use the funds for the purpose for which the funds were 

originally authorized. 

‘‘(2) RETROCESSION.— ‘‘(A) IN GENERAL.— ‘‘(i) AUTHORITY OF INDIAN TRIBES.—An Indian tribe 

may retrocede (fully or partially) to the Secretary programs, services, functions, or activities (or portions 

thereof) included in a compact or funding agreement. 

‘‘(ii) REASSUMPTION OF REMAINING FUNDS.—Following a retrocession described in clause (i), the Secretary may— 

‘‘(I) reassume the remaining funding associated with the retroceded programs, functions, services, and activities (or portions thereof) included 

in the applicable compact or funding agreement; 

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

funds associated with Department of Interior programs, services, functions, or activities (or portions 

thereof) to the Secretary of the Interior to carry 

out transportation services provided by the Secretary of the Interior; and 

‘‘(III) distribute funds not transferred under 

subclause (II) in accordance with applicable law. 

‘‘(iii) CORRECTION OF PROGRAMS.—If the Secretary 

makes a finding under subsection (f)(2)(B) and no funds 

are available under subsection (f)(2)(A)(ii), the Secretary shall not be required to provide additional funds 

to complete or correct any programs, functions, services, or activities (or portions thereof). 

‘‘(B) EFFECTIVE DATE.—Unless the Indian tribe rescinds 

a request for retrocession, the retrocession shall become 

effective within the timeframe specified by the parties in 

the compact or funding agreement. In the absence of such 

a specification, the retrocession shall become effective on— 

‘‘(i) the earlier of— 

‘‘(I) 1 year after the date of submission of 

the request; or 

‘‘(II) the date on which the funding agreement 

expires; or 

‘‘(ii) such date as may be mutually agreed upon 

by the parties and, with respect to Department of 

the Interior programs, functions, services, and activities (or portions thereof), the Secretary of the Interior. 

‘‘(f) PROVISIONS RELATING TO SECRETARY.— ‘‘(1) DECISIONMAKER.—A decision that relates to an appeal 

of the rejection of a final offer by the Department shall be 

made either— 

‘‘(A) by an official of the Department who holds a 

position at a higher organizational level within the Department than the level of the departmental agency in which 


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129 STAT. 1364 PUBLIC LAW 114–94—DEC. 4, 2015 

the decision that is the subject of the appeal was made; 

or 

‘‘(B) by an administrative judge. 

‘‘(2) TERMINATION OF COMPACT OR FUNDING AGREEMENT.— ‘‘(A) AUTHORITY TO TERMINATE.— ‘‘(i) PROVISION TO BE INCLUDED IN COMPACT OR

FUNDING AGREEMENT.—A compact or funding agreement shall include a provision authorizing the Secretary, if the Secretary makes a finding described in 

subparagraph (B), to— 

‘‘(I) terminate the compact or funding agreement (or a portion thereof); and 

‘‘(II) reassume the remaining funding associated with the reassumed programs, functions, services, and activities included in the compact or 

funding agreement. 

‘‘(ii) TRANSFERS OF FUNDS.—Out of any funds reassumed under clause (i)(II), the Secretary may 

transfer the funds associated with Department of the 

Interior programs, functions, services, and activities 

(or portions thereof) to the Secretary of the Interior 

to provide continued transportation services in accordance with applicable law. 

‘‘(B) FINDINGS RESULTING IN TERMINATION.—The 

finding referred to in subparagraph (A) is a specific finding 

of— 

‘‘(i) imminent jeopardy to a trust asset, natural 

resources, or public health and safety that is caused 

by an act or omission of the Indian tribe and that 

arises out of a failure to carry out the compact or 

funding agreement, as determined by the Secretary; 

or 

‘‘(ii) gross mismanagement with respect to funds 

or programs transferred to the Indian tribe under the 

compact or funding agreement, as determined by the 

Secretary in consultation with the Inspector General 

of the Department, as appropriate. 

‘‘(C) PROHIBITION.—The Secretary shall not terminate 

a compact or funding agreement (or portion thereof) 

unless— 

‘‘(i) the Secretary has first provided written notice 

and a hearing on the record to the Indian tribe that 

is subject to the compact or funding agreement; and 

‘‘(ii) the Indian tribe has not taken corrective action 

to remedy the mismanagement of funds or programs 

or the imminent jeopardy to a trust asset, natural 

resource, or public health and safety. 

‘‘(D) EXCEPTION.— 

‘‘(i) IN GENERAL.—Notwithstanding subparagraph 

(C), the Secretary, upon written notification to an 

Indian tribe that is subject to a compact or funding 

agreement, may immediately terminate the compact 

or funding agreement (or portion thereof) if— 

‘‘(I) the Secretary makes a finding of imminent 

substantial and irreparable jeopardy to a trust 

asset, natural resource, or public health and safety; 

and 


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‘‘(II) the jeopardy arises out of a failure to 

carry out the compact or funding agreement. 

‘‘(ii) HEARINGS.—If the Secretary terminates a compact or funding agreement (or portion thereof) under 

clause (i), the Secretary shall provide the Indian tribe 

subject to the compact or agreement with a hearing 

on the record not later than 10 days after the date 

of such termination. 

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

involving a decision to terminate a compact or funding 

agreement (or portion thereof) under this paragraph, the 

Secretary shall have the burden of proof in demonstrating 

by clear and convincing evidence the validity of the grounds 

for the termination. 

‘‘(g) COST PRINCIPLES.—In administering funds received under 

this section, an Indian tribe shall apply cost principles under the 

applicable Office of Management and Budget circular, except as 

modified by section 106 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450j–1), other provisions of law, 

or by any exemptions to applicable Office of Management and 

Budget circulars subsequently granted by the Office of Management 

and Budget. No other audit or accounting standards shall be 

required by the Secretary. Any claim by the Federal Government 

against the Indian tribe relating to funds received under a funding 

agreement based on any audit conducted pursuant to this subsection 

shall be subject to the provisions of section 106(f) of that Act 

(25 U.S.C. 450j–1(f)). 

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

to an Indian tribe under a funding agreement in an amount equal 

to— 

‘‘(1) the sum of the funding that the Indian tribe would 

otherwise receive for the program, function, service, or activity 

in accordance with a funding formula or other allocation method 

established under this title or chapter 53 of title 49; and 

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

equal the amounts that would have been withheld for the 

costs of the Bureau of Indian Affairs for administration of 

the program or project. 

‘‘(i) CONSTRUCTION PROGRAMS.— 

‘‘(1) STANDARDS.—Construction projects carried out under 

programs administered by an Indian tribe with funds transferred to the Indian tribe pursuant to a funding agreement 

entered into under this section shall be constructed pursuant 

to the construction program standards set forth in applicable 

regulations or as specifically approved by the Secretary (or 

the Secretary’s designee). 

‘‘(2) MONITORING.—Construction programs shall be monitored by the Secretary in accordance with applicable regulations. 

‘‘(j) FACILITATION.— 

‘‘(1) SECRETARIAL INTERPRETATION.—Except as otherwise 

provided by law, the Secretary shall interpret all Federal laws, 

Executive orders, and regulations in a manner that will facilitate— 

‘‘(A) the inclusion of programs, services, functions, and 

activities (or portions thereof) and funds associated therewith, in compacts and funding agreements; and 


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‘‘(B) the implementation of the compacts and funding 

agreements. 

‘‘(2) REGULATION WAIVER.— 

‘‘(A) IN GENERAL.—An Indian tribe may submit to the 

Secretary a written request to waive application of a regulation promulgated under this section with respect to a compact or funding agreement. The request shall identify the 

regulation sought to be waived and the basis for the 

request. 

‘‘(B) APPROVALS AND DENIALS.— ‘‘(i) IN GENERAL.—Not later than 90 days after 

the date of receipt of a written request under subparagraph (A), the Secretary shall approve or deny the 

request in writing. 

‘‘(ii) REVIEW.—The Secretary shall review any 

application by an Indian tribe for a waiver bearing 

in mind increasing opportunities for using flexible 

policy approaches at the Indian tribal level. 

‘‘(iii) DEEMED APPROVAL.—If the Secretary does not 

approve or deny a request submitted under subparagraph (A) on or before the last day of the 90-day 

period referred to in clause (i), the request shall be 

deemed approved. 

‘‘(iv) DENIALS.—If the application for a waiver is 

not granted, the agency shall provide the applicant 

with the reasons for the denial as part of the written 

response required in clause (i). 

‘‘(v) FINALITY OF DECISIONS.—A decision by the 

Secretary under this subparagraph shall be final for 

the Department. 

‘‘(k) DISCLAIMERS.— 

‘‘(1) EXISTING AUTHORITY.—Notwithstanding any other 

provision of law, upon the election of an Indian tribe, the 

Secretary shall— 

‘‘(A) maintain current tribal transportation program 

funding agreements and program agreements; or 

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

of section 202(b)(7). 

‘‘(2) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing 

in this section may be construed to impair or diminish the 

authority of the Secretary under section 202(b)(7). 

‘‘(l) APPLICABILITY OF INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT.—Except to the extent in conflict with 

this section (as determined by the Secretary), the following provisions of the Indian Self-Determination and Education Assistance 

Act shall apply to compact and funding agreements (except that 

any reference to the Secretary of the Interior or the Secretary 

of Health and Human Services in such provisions shall be treated 

as a reference to the Secretary of Transportation): 

‘‘(1) Subsections (a), (b), (d), (g), and (h) of section 506 

of such Act (25 U.S.C. 458aaa–5), relating to general provisions. 

‘‘(2) Subsections (b) through (e) and (g) of section 507 

of such Act (25 U.S.C. 458aaa–6), relating to provisions relating 

to the Secretary of Health and Human Services. 

‘‘(3) Subsections (a), (b), (d), (e), (g), (h), (i), and (k) of 

section 508 of such Act (25 U.S.C. 458aaa–7), relating to 

transfer of funds. 


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‘‘(4) Section 510 of such Act (25 U.S.C. 458aaa–9), relating 

to Federal procurement laws and regulations. 

‘‘(5) Section 511 of such Act (25 U.S.C. 458aaa–10), relating 

to civil actions. 

‘‘(6) Subsections (a)(1), (a)(2), and (c) through (f) of section 

512 of such Act (25 U.S.C. 458aaa–11), relating to facilitation, 

except that subsection (c)(1) of that section shall be applied 

by substituting ‘transportation facilities and other facilities’ 

for ‘school buildings, hospitals, and other facilities’. 

‘‘(7) Subsections (a) and (b) of section 515 of such Act 

(25 U.S.C. 458aaa–14), relating to disclaimers. 

‘‘(8) Subsections (a) and (b) of section 516 of such Act 

(25 U.S.C. 458aaa–15), relating to application of title I provisions. 

‘‘(9) Section 518 of such Act (25 U.S.C. 458aaa–17), relating 

to appeals. 

‘‘(m) DEFINITIONS.— 

‘‘(1) IN GENERAL.—In this section, the following definitions 

apply (except as otherwise expressly provided): 

‘‘(A) COMPACT.—The term ‘compact’ means a compact 

between the Secretary and an Indian tribe entered into 

under subsection (c). 

‘‘(B) DEPARTMENT.—The term ‘Department’ means the 

Department of Transportation. 

‘‘(C) ELIGIBLE INDIAN TRIBE.—The term ‘eligible Indian 

tribe’ means an Indian tribe that is eligible to participate 

in the program, as determined under subsection (b). 

‘‘(D) FUNDING AGREEMENT.—The term ‘funding agreement’ means a funding agreement between the Secretary 

and an Indian tribe entered into under subsection (d). 

‘‘(E) INDIAN TRIBE.—The term ‘Indian tribe’ means any 

Indian or Alaska Native tribe, band, nation, pueblo, village, 

or community that is recognized as eligible for the special 

programs and services provided by the United States to 

Indians because of their status as Indians. In any case 

in which an Indian tribe has authorized another Indian 

tribe, an intertribal consortium, or a tribal organization 

to plan for or carry out programs, services, functions, or 

activities (or portions thereof) on its behalf under this 

section, the authorized Indian tribe, intertribal consortium, 

or tribal organization shall have the rights and responsibilities of the authorizing Indian tribe (except as otherwise 

provided in the authorizing resolution or in this title). 

In such event, the term ‘Indian tribe’ as used in this 

section shall include such other authorized Indian tribe, 

intertribal consortium, or tribal organization. 

‘‘(F) PROGRAM.—The term ‘program’ means the tribal 

transportation self-governance program established under 

this section. 

‘‘(G) SECRETARY.—The term ‘Secretary’ means the Secretary of Transportation. 

‘‘(H) TRANSPORTATION PROGRAMS.—The term ‘transportation programs’ means all programs administered or 

financed by the Department under this title and chapter 

53 of title 49. 

‘‘(2) APPLICABILITY OF OTHER DEFINITIONS.—In this section, 

the definitions set forth in sections 4 and 505 of the Indian 


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Self-Determination and Education Assistance Act (25 U.S.C. 

450b; 458aaa) apply, except as otherwise expressly provided 

in this section. 

‘‘(n) REGULATIONS.— ‘‘(1) IN GENERAL.— ‘‘(A) PROMULGATION.—Not later than 90 days after the 

date of enactment of the FAST Act, the Secretary shall 

initiate procedures under subchapter III of chapter 5 of 

title 5 to negotiate and promulgate such regulations as 

are necessary to carry out this section. 

‘‘(B) PUBLICATION OF PROPOSED REGULATIONS.—Proposed regulations to implement this section shall be published in the Federal Register by the Secretary not later 

than 21 months after such date of enactment. 

‘‘(C) EXPIRATION OF AUTHORITY.—The authority to 

promulgate regulations under subparagraph (A) shall 

expire 30 months after such date of enactment. 

‘‘(D) EXTENSION OF DEADLINES.—A deadline set forth 

in subparagraph (B) or (C) may be extended up to 180 

days if the negotiated rulemaking committee referred to 

in paragraph (2) concludes that the committee cannot meet 

the deadline and the Secretary so notifies the appropriate 

committees of Congress. 

‘‘(2) COMMITTEE.— ‘‘(A) IN GENERAL.—A negotiated rulemaking committee 

established pursuant to section 565 of title 5 to carry 

out this subsection shall have as its members only Federal 

and tribal government representatives, a majority of whom 

shall be nominated by and be representatives of Indian 

tribes with funding agreements under this title. 

‘‘(B) REQUIREMENTS.—The committee shall confer with, 

and accommodate participation by, representatives of 

Indian tribes, inter-tribal consortia, tribal organizations, 

and individual tribal members. 

‘‘(C) ADAPTATION OF PROCEDURES.—The Secretary shall 

adapt the negotiated rulemaking procedures to the unique 

context of self-governance and the government-to-government relationship between the United States and Indian 

tribes. 

‘‘(3) EFFECT.—The lack of promulgated regulations shall 

not limit the effect of this section. 

‘‘(4) EFFECT OF CIRCULARS, POLICIES, MANUALS, GUIDANCE, 

AND RULES.—Unless expressly agreed to by the participating 

Indian tribe in the compact or funding agreement, the participating Indian tribe shall not be subject to any agency circular, 

policy, manual, guidance, or rule adopted by the Department, 

except regulations promulgated under this section.’’. 

(b) CLERICAL AMENDMENT.—The analysis for chapter 2 of title 

23, United States Code, is amended by inserting after the item 

relating to section 206 the following: 

‘‘207. Tribal transportation self-governance program.’’. 

SEC. 1122. STATE FLEXIBILITY FOR NATIONAL HIGHWAY SYSTEM 

MODIFICATIONS. 

(a) NATIONAL HIGHWAY SYSTEM FLEXIBILITY.—Not later than 

90 days after the date of enactment of this Act, the Secretary 

shall issue guidance relating to working with State departments 

23 USC 103 note. 

23 USC 

prec. 201. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1369 

of transportation that request assistance from the division offices 

of the Federal Highway Administration— 

(1) to review roads classified as principal arterials in the 

State that were added to the National Highway System as 

of October 1, 2012, so as to comply with section 103 of title 

23, United States Code; and 

(2) to identify any necessary functional classification 

changes to rural and urban principal arterials. 

(b) ADMINISTRATIVE ACTIONS.—The Secretary shall direct the 

division offices of the Federal Highway Administration to work 

with the applicable State department of transportation that 

requests assistance under this section— 

(1) to assist in the review of roads in accordance with 

guidance issued under subsection (a); 

(2) to expeditiously review and facilitate requests from 

States to reclassify roads classified as principal arterials; and 

(3) in the case of a State that requests the withdrawal 

of reclassified roads from the National Highway System under 

section 103(b)(3) of title 23, United States Code, to carry out 

that withdrawal if the inclusion of the reclassified road in 

the National Highway System is not consistent with the needs 

and priorities of the community or region in which the reclassified road is located. 

(c) NATIONAL HIGHWAY SYSTEM MODIFICATION REGULATIONS.— 

The Secretary shall— 

(1) review the National Highway System modification 

process described in appendix D of part 470 of title 23, Code 

of Federal Regulations (or successor regulations); and 

(2) take any action necessary to ensure that a State may 

submit to the Secretary a request to modify the National Highway System by withdrawing a road from the National Highway 

System. 

(d) REPORT TO CONGRESS.—Not later than 1 year after the 

date of enactment of this Act, and annually thereafter, the Secretary 

shall submit to the Committee on Environment and Public Works 

of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes a 

description of— 

(1) each request for reclassification of National Highway 

System roads; 

(2) the status of each request; and 

(3) if applicable, the justification for the denial by the 

Secretary of a request. 

(e) MODIFICATIONS TO THE NATIONAL HIGHWAY SYSTEM.—Section 103(b)(3)(A) of title 23, United States Code, is amended— 

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

(A) by striking ‘‘, including any modification consisting 

of a connector to a major intermodal terminal,’’; and 

(B) by inserting ‘‘, including any modification consisting 

of a connector to a major intermodal terminal or the withdrawal of a road from that system,’’ after ‘‘the National 

Highway System’’; and 

(2) in clause (ii)— 

(A) by striking ‘‘(ii) enhances’’ and inserting ‘‘(ii)(I) 

enhances’’; 

(B) by striking the period at the end and inserting 

‘‘; or’’; and 


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129 STAT. 1370 PUBLIC LAW 114–94—DEC. 4, 2015 

(C) by adding at the end the following: 

‘‘(II) in the case of the withdrawal of a road, is 

reasonable and appropriate.’’. 

SEC. 1123. NATIONALLY SIGNIFICANT FEDERAL LANDS AND TRIBAL 

PROJECTS PROGRAM. 

(a) PURPOSE.—The Secretary shall establish a nationally significant Federal lands and tribal projects program (referred to in this 

section as the ‘‘program’’) to provide funding to construct, 

reconstruct, or rehabilitate nationally significant Federal lands and 

tribal transportation projects. 

(b) ELIGIBLE APPLICANTS.— (1) IN GENERAL.—Except as provided in paragraph (2), entities eligible to receive funds under sections 201, 202, 203, 

and 204 of title 23, United States Code, may apply for funding 

under the program. 

(2) SPECIAL RULE.—A State, county, or unit of local government may only apply for funding under the program if sponsored by an eligible Federal land management agency or Indian 

tribe. 

(c) ELIGIBLE PROJECTS.—An eligible project under the program 

shall be a single continuous project— 

(1) on a Federal lands transportation facility, a Federal 

lands access transportation facility, or a tribal transportation 

facility (as those terms are defined in section 101 of title 23, 

United States Code), except that such facility is not required 

to be included in an inventory described in section 202 or 

203 of such title; 

(2) for which completion of activities required under the 

National Environmental Policy Act of 1969 (42 U.S.C. 4321 

et seq.) has been demonstrated through— 

(A) a record of decision with respect to the project; 

(B) a finding that the project has no significant impact; 

or 

(C) a determination that the project is categorically 

excluded; and 

(3) having an estimated cost, based on the results of 

preliminary engineering, equal to or exceeding $25,000,000, 

with priority consideration given to projects with an estimated 

cost equal to or exceeding $50,000,000. 

(d) ELIGIBLE ACTIVITIES.— 

(1) IN GENERAL.—Subject to paragraph (2), an eligible 

applicant receiving funds under the program may only use 

the funds for construction, reconstruction, and rehabilitation 

activities. 

(2) INELIGIBLE ACTIVITIES.—An eligible applicant may not 

use funds received under the program for activities relating 

to project design. 

(e) APPLICATIONS.—Eligible applicants shall submit to the Secretary an application at such time, in such form, and containing 

such information as the Secretary may require. 

(f) SELECTION CRITERIA.—In selecting a project to receive funds 

under the program, the Secretary shall consider the extent to which 

the project— 

(1) furthers the goals of the Department, including state 

of good repair, economic competitiveness, quality of life, and 

safety; 

23 USC 201 note. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1371 

(2) improves the condition of critical transportation facilities, including multimodal facilities; 

(3) needs construction, reconstruction, or rehabilitation; 

(4) has costs matched by funds that are not provided under 

this section, with projects with a greater percentage of other 

sources of matching funds ranked ahead of lesser matches; 

(5) is included in or eligible for inclusion in the National 

Register of Historic Places; 

(6) uses new technologies and innovations that enhance 

the efficiency of the project; 

(7) is supported by funds, other than the funds received 

under the program, to construct, maintain, and operate the 

facility; 

(8) spans 2 or more States; and 

(9) serves land owned by multiple Federal agencies or 

Indian tribes. 

(g) FEDERAL SHARE.— (1) IN GENERAL.—The Federal share of the cost of a project 

shall be up to 90 percent. 

(2) NON-FEDERAL SHARE.—Notwithstanding any other 

provision of law, any Federal funds other than those made 

available under title 23 or title 49, United States Code, may 

be used to pay the non-Federal share of the cost of a project 

carried out under this section. 

(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section $100,000,000 for each 

of fiscal years 2016 through 2020. Such sums shall remain available 

for a period of 3 fiscal years following the fiscal year for which 

the amounts are appropriated. 

Subtitle B—Planning and Performance 

Management 

SEC. 1201. METROPOLITAN TRANSPORTATION PLANNING. 

Section 134 of title 23, United States Code, is amended— 

(1) in subsection (a)(1)— 

(A) by striking ‘‘people and freight and’’ and inserting 

‘‘people and freight,’’ and 

(B) by inserting ‘‘and take into consideration resiliency 

needs’’ after ‘‘urbanized areas,’’; 

(2) in subsection (c)(2) by striking ‘‘and bicycle transportation facilities’’ and inserting ‘‘, bicycle transportation facilities, 

and intermodal facilities that support intercity transportation, 

including intercity buses and intercity bus facilities and commuter vanpool providers’’; 

(3) in subsection (d)— 

(A) by redesignating paragraphs (3) through (6) as 

paragraphs (4) through (7), respectively; 

(B) by inserting after paragraph (2) the following: 

‘‘(3) REPRESENTATION.— 

‘‘(A) IN GENERAL.—Designation or selection of officials 

or representatives under paragraph (2) shall be determined 

by the metropolitan planning organization according to the 

bylaws or enabling statute of the organization. 

‘‘(B) PUBLIC TRANSPORTATION REPRESENTATIVE.—Subject to the bylaws or enabling statute of the metropolitan 


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planning organization, a representative of a provider of 

public transportation may also serve as a representative 

of a local municipality. 

‘‘(C) POWERS OF CERTAIN OFFICIALS.—An official 

described in paragraph (2)(B) shall have responsibilities, 

actions, duties, voting rights, and any other authority 

commensurate with other officials described in paragraph 

(2).’’; and 

(C) in paragraph (5) as so redesignated by striking 

‘‘paragraph (5)’’ and inserting ‘‘paragraph (6)’’; 

(4) in subsection (e)(4)(B) by striking ‘‘subsection (d)(5)’’ 

and inserting ‘‘subsection (d)(6)’’; 

(5) in subsection (g)(3)(A) by inserting ‘‘tourism, natural 

disaster risk reduction,’’ after ‘‘economic development,’’; 

(6) in subsection (h)— 

(A) in paragraph (1)— 

(i) in subparagraph (G) by striking ‘‘and’’ at the 

end; 

(ii) in subparagraph (H) by striking the period 

at the end and inserting a semicolon; and 

(iii) by adding at the end the following: 

‘‘(I) improve the resiliency and reliability of the 

transportation system and reduce or mitigate stormwater 

impacts of surface transportation; and 

‘‘(J) enhance travel and tourism.’’; and 

(B) in paragraph (2)(A) by striking ‘‘and in section 

5301(c) of title 49’’ and inserting ‘‘and the general purposes 

described in section 5301 of title 49’’; 

(7) in subsection (i)— 

(A) in paragraph (2)— 

(i) in subparagraph (A)(i) by striking ‘‘transit,’’ and 

inserting ‘‘public transportation facilities, intercity bus 

facilities,’’; 

(ii) in subparagraph (G)— 

(I) by striking ‘‘and provide’’ and inserting ‘‘, 

provide’’; and 

(II) by inserting ‘‘, and reduce the vulnerability 

of the existing transportation infrastructure to natural disasters’’ before the period at the end; and 

(iii) in subparagraph (H) by inserting ‘‘including 

consideration of the role that intercity buses may play 

in reducing congestion, pollution, and energy consumption in a cost-effective manner and strategies and 

investments that preserve and enhance intercity bus 

systems, including systems that are privately owned 

and operated’’ before the period at the end; 

(B) in paragraph (6)(A)— 

(i) by inserting ‘‘public ports,’’ before ‘‘freight shippers,’’; and 

(ii) by inserting ‘‘(including intercity bus operators, 

employer-based commuting programs, such as a carpool 

program, vanpool program, transit benefit program, 

parking cash-out program, shuttle program, or 

telework program)’’ after ‘‘private providers of transportation’’; and 

(C) in paragraph (8) by striking ‘‘paragraph (2)(C)’’ 

and inserting ‘‘paragraph (2)(E)’’ each place it appears; 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1373 

(8) in subsection (k)(3)— 

(A) in subparagraph (A) by inserting ‘‘(including intercity bus operators, employer-based commuting programs 

such as a carpool program, vanpool program, transit benefit 

program, parking cash-out program, shuttle program, or 

telework program), job access projects,’’ after ‘‘reduction’’; 

and 

(B) by adding at the end the following: 

‘‘(C) CONGESTION MANAGEMENT PLAN.—A metropolitan 

planning organization serving a transportation management area may develop a plan that includes projects and 

strategies that will be considered in the TIP of such metropolitan planning organization. Such plan shall— 

‘‘(i) develop regional goals to reduce vehicle miles 

traveled during peak commuting hours and improve 

transportation connections between areas with high 

job concentration and areas with high concentrations 

of low-income households; 

‘‘(ii) identify existing public transportation services, employer-based commuter programs, and other 

existing transportation services that support access to 

jobs in the region; and 

‘‘(iii) identify proposed projects and programs to 

reduce congestion and increase job access opportunities. 

‘‘(D) PARTICIPATION.—In developing the plan under 

subparagraph (C), a metropolitan planning organization 

shall consult with employers, private and nonprofit providers of public transportation, transportation management 

organizations, and organizations that provide job access 

reverse commute projects or job-related services to lowincome individuals.’’; 

(9) in subsection (l)— 

(A) by adding a period at the end of paragraph (1); 

and 

(B) in paragraph (2)(D) by striking ‘‘of less than 

200,000’’ and inserting ‘‘with a population of 200,000 or 

less’’; 

(10) in subsection (n)(1) by inserting ‘‘49’’ after ‘‘chapter 

53 of title’’; 

(11) in subsection (p) by striking ‘‘Funds set aside under 

section 104(f)’’ and inserting ‘‘Funds apportioned under paragraphs (5)(D) and (6) of section 104(b)’’; and 

(12) by adding at the end the following: 

‘‘(r) BI-STATE METROPOLITAN PLANNING ORGANIZATION.— 

‘‘(1) DEFINITION OF BI-STATE MPO REGION.—In this subsection, the term ‘Bi-State MPO Region’ has the meaning given 

the term ‘region’ in subsection (a) of Article II of the Lake 

Tahoe Regional Planning Compact (Public Law 96–551; 94 Stat. 

3234). 

‘‘(2) TREATMENT.—For the purpose of this title, the BiState MPO Region shall be treated as— 

‘‘(A) a metropolitan planning organization; 

‘‘(B) a transportation management area under subsection (k); and 


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‘‘(C) an urbanized area, which is comprised of a population of 145,000 in the State of California and a population 

of 65,000 in the State of Nevada. 

‘‘(3) SUBALLOCATED FUNDING.— 

‘‘(A) PLANNING.—In determining the amounts under 

subparagraph (A) of section 133(d)(1) that shall be obligated 

for a fiscal year in the States of California and Nevada 

under clauses (i), (ii), and (iii) of that subparagraph, the 

Secretary shall, for each of those States— 

‘‘(i) calculate the population under each of those 

clauses; 

‘‘(ii) decrease the amount under section 

133(d)(1)(A)(iii) by the population specified in paragraph (2) of this subsection for the Bi-State MPO 

Region in that State; and 

‘‘(iii) increase the amount under section 

133(d)(1)(A)(i) by the population specified in paragraph 

(2) of this subsection for the Bi-State MPO Region 

in that State. 

‘‘(B) STBGP SET ASIDE.—In determining the amounts 

under paragraph (2) of section 133(h) that shall be obligated 

for a fiscal year in the States of California and Nevada, 

the Secretary shall, for the purpose of that subsection, 

calculate the populations for each of those States in a 

manner consistent with subparagraph (A).’’. 

SEC. 1202. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION 

PLANNING. 

Section 135 of title 23, United States Code, is amended— 

(1) in subsection (a)(2) by striking ‘‘and bicycle transportation facilities’’ and inserting, ‘‘, bicycle transportation facilities, and intermodal facilities that support intercity transportation, including intercity buses and intercity bus facilities and 

commuter van pool providers’’; 

(2) in subsection (d)— 

(A) in paragraph (1)— 

(i) in subparagraph (G) by striking ‘‘and’’ at the 

end; 

(ii) in subparagraph (H) by striking the period 

at the end and inserting a semicolon; and 

(iii) by adding at the end the following: 

‘‘(I) improve the resiliency and reliability of the 

transportation system and reduce or mitigate stormwater 

impacts of surface transportation; and 

‘‘(J) enhance travel and tourism.’’; and 

(B) in paragraph (2)— 

(i) in subparagraph (A) by striking ‘‘and in section 

5301(c) of title 49’’ and inserting ‘‘and the general 

purposes described in section 5301 of title 49’’; 

(ii) in subparagraph (B)(ii) by striking ‘‘urbanized’’; 

and 

(iii) in subparagraph (C) by striking ‘‘urbanized’’; 

(3) in subsection (f)— 

(A) in paragraph (3)(A)(ii)— 

(i) by inserting ‘‘public ports,’’ before ‘‘freight shippers,’’; and 


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(ii) by inserting ‘‘(including intercity bus operators, 

employer-based commuting programs, such as a carpool 

program, vanpool program, transit benefit program, 

parking cash-out program, shuttle program, or 

telework program)’’ after ‘‘private providers of transportation’’; and 

(B) in paragraph (7), in the matter preceding subparagraph (A), by striking ‘‘should’’ and inserting ‘‘shall’’; and 

(C) in paragraph (8), by inserting ‘‘, including consideration of the role that intercity buses may play in reducing 

congestion, pollution, and energy consumption in a costeffective manner and strategies and investments that preserve and enhance intercity bus systems, including systems 

that are privately owned and operated’’ before the period 

at the end; and 

(4) in subsection (g)(3)— 

(A) by inserting ‘‘public ports,’’ before ‘‘freight shippers’’; and 

(B) by inserting ‘‘(including intercity bus operators),’’ 

after ‘‘private providers of transportation’’. 

Subtitle C—Acceleration of Project 

Delivery 

SEC. 1301. SATISFACTION OF REQUIREMENTS FOR CERTAIN HISTORIC 

SITES. 

(a) HIGHWAYS.—Section 138 of title 23, United States Code, 

is amended by adding at the end the following: 

‘‘(c) SATISFACTION OF REQUIREMENTS FOR CERTAIN HISTORIC

SITES.— ‘‘(1) IN GENERAL.—The Secretary shall— 

‘‘(A) align, to the maximum extent practicable, with 

the requirements of the National Environmental Policy 

Act of 1969 (42 U.S.C. 4321 et seq.) and section 306108 

of title 54, including implementing regulations; and 

‘‘(B) not later than 90 days after the date of enactment 

of this subsection, coordinate with the Secretary of the 

Interior and the Executive Director of the Advisory Council 

on Historic Preservation (referred to in this subsection 

as the ‘Council’) to establish procedures to satisfy the 

requirements described in subparagraph (A) (including 

regulations). 

‘‘(2) AVOIDANCE ALTERNATIVE ANALYSIS.— ‘‘(A) IN GENERAL.—If, in an analysis required under 

the National Environmental Policy Act of 1969 (42 U.S.C. 

4321 et seq.), the Secretary determines that there is no 

feasible or prudent alternative to avoid use of a historic 

site, the Secretary may— 

‘‘(i) include the determination of the Secretary in 

the analysis required under that Act; 

‘‘(ii) provide a notice of the determination to— 

‘‘(I) each applicable State historic preservation 

officer and tribal historic preservation officer; 

‘‘(II) the Council, if the Council is participating 

in the consultation process under section 306108 

of title 54; and 


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‘‘(III) the Secretary of the Interior; and 

‘‘(iii) request from the applicable preservation 

officer, the Council, and the Secretary of the Interior 

a concurrence that the determination is sufficient to 

satisfy subsection (a)(1). 

‘‘(B) CONCURRENCE.—If the applicable preservation 

officer, the Council, and the Secretary of the Interior each 

provide a concurrence requested under subparagraph 

(A)(iii), no further analysis under subsection (a)(1) shall 

be required. 

‘‘(C) PUBLICATION.—A notice of a determination, 

together with each relevant concurrence to that determination, under subparagraph (A) shall— 

‘‘(i) be included in the record of decision or finding 

of no significant impact of the Secretary; and 

‘‘(ii) be posted on an appropriate Federal website 

by not later than 3 days after the date of receipt 

by the Secretary of all concurrences requested under 

subparagraph (A)(iii). 

‘‘(3) ALIGNING HISTORICAL REVIEWS.— 

‘‘(A) IN GENERAL.—If the Secretary, the applicable 

preservation officer, the Council, and the Secretary of the 

Interior concur that no feasible and prudent alternative 

exists as described in paragraph (2), the Secretary may 

provide to the applicable preservation officer, the Council, 

and the Secretary of the Interior notice of the intent of 

the Secretary to satisfy subsection (a)(2) through the consultation requirements of section 306108 of title 54. 

‘‘(B) SATISFACTION OF CONDITIONS.—To satisfy subsection (a)(2), each individual described in paragraph 

(2)(A)(ii) shall concur in the treatment of the applicable 

historic site described in the memorandum of agreement 

or programmatic agreement developed under section 

306108 of title 54.’’. 

(b) PUBLIC TRANSPORTATION.—Section 303 of title 49, United 

States Code, is amended by adding at the end the following: 

‘‘(e) SATISFACTION OF REQUIREMENTS FOR CERTAIN HISTORIC

SITES.— 

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

‘‘(A) align, to the maximum extent practicable, the 

requirements of this section with the requirements of the 

National Environmental Policy Act of 1969 (42 U.S.C. 4321 

et seq.) and section 306108 of title 54, including implementing regulations; and 

‘‘(B) not later than 90 days after the date of enactment 

of this subsection, coordinate with the Secretary of the 

Interior and the Executive Director of the Advisory Council 

on Historic Preservation (referred to in this subsection 

as the ‘Council’) to establish procedures to satisfy the 

requirements described in subparagraph (A) (including 

regulations). 

‘‘(2) AVOIDANCE ALTERNATIVE ANALYSIS.— 

‘‘(A) IN GENERAL.—If, in an analysis required under 

the National Environmental Policy Act of 1969 (42 U.S.C. 

4321 et seq.), the Secretary determines that there is no 

feasible or prudent alternative to avoid use of a historic 

site, the Secretary may— 


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‘‘(i) include the determination of the Secretary in 

the analysis required under that Act; 

‘‘(ii) provide a notice of the determination to— 

‘‘(I) each applicable State historic preservation 

officer and tribal historic preservation officer; 

‘‘(II) the Council, if the Council is participating 

in the consultation process under section 306108 

of title 54; and 

‘‘(III) the Secretary of the Interior; and 

‘‘(iii) request from the applicable preservation 

officer, the Council, and the Secretary of the Interior 

a concurrence that the determination is sufficient to 

satisfy subsection (c)(1). 

‘‘(B) CONCURRENCE.—If the applicable preservation 

officer, the Council, and the Secretary of the Interior each 

provide a concurrence requested under subparagraph 

(A)(iii), no further analysis under subsection (c)(1) shall 

be required. 

‘‘(C) PUBLICATION.—A notice of a determination, 

together with each relevant concurrence to that determination, under subparagraph (A) shall— 

‘‘(i) be included in the record of decision or finding 

of no significant impact of the Secretary; and 

‘‘(ii) be posted on an appropriate Federal website 

by not later than 3 days after the date of receipt 

by the Secretary of all concurrences requested under 

subparagraph (A)(iii). 

‘‘(3) ALIGNING HISTORICAL REVIEWS.— 

‘‘(A) IN GENERAL.—If the Secretary, the applicable 

preservation officer, the Council, and the Secretary of the 

Interior concur that no feasible and prudent alternative 

exists as described in paragraph (2), the Secretary may 

provide to the applicable preservation officer, the Council, 

and the Secretary of the Interior notice of the intent of 

the Secretary to satisfy subsection (c)(2) through the consultation requirements of section 306108 of title 54. 

‘‘(B) SATISFACTION OF CONDITIONS.—To satisfy subsection (c)(2), the applicable preservation officer, the 

Council, and the Secretary of the Interior shall concur 

in the treatment of the applicable historic site described 

in the memorandum of agreement or programmatic agreement developed under section 306108 of title 54.’’. 

SEC. 1302. CLARIFICATION OF TRANSPORTATION ENVIRONMENTAL 

AUTHORITIES. 

(a) TITLE 23 AMENDMENT.—Section 138 of title 23, United 

States Code, as amended by section 1301, is amended by adding 

at the end the following: 

‘‘(d) REFERENCES TO PAST TRANSPORTATION ENVIRONMENTAL

AUTHORITIES.— 

‘‘(1) SECTION 4(F) REQUIREMENTS.—The requirements of this 

section are commonly referred to as section 4(f) requirements 

(see section 4(f) of the Department of Transportation Act (Public 

Law 89–670; 80 Stat. 934) as in effect before the repeal of 

that section). 

‘‘(2) SECTION 106 REQUIREMENTS.—The requirements of section 306108 of title 54 are commonly referred to as section 


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106 requirements (see section 106 of the National Historic 

Preservation Act of 1966 (Public Law 89–665; 80 Stat. 917) 

as in effect before the repeal of that section).’’. 

(b) TITLE 49 AMENDMENT.—Section 303 of title 49, United 

States Code, as amended by section 1301, is amended by adding 

at the end the following: 

‘‘(f) REFERENCES TO PAST TRANSPORTATION ENVIRONMENTAL

AUTHORITIES.— ‘‘(1) SECTION 4(F) REQUIREMENTS.—The requirements of this 

section are commonly referred to as section 4(f) requirements 

(see section 4(f) of the Department of Transportation Act (Public 

Law 89–670; 80 Stat. 934) as in effect before the repeal of 

that section). 

‘‘(2) SECTION 106 REQUIREMENTS.—The requirements of section 306108 of title 54 are commonly referred to as section 

106 requirements (see section 106 of the National Historic 

Preservation Act of 1966 (Public Law 89–665; 80 Stat. 917) 

as in effect before the repeal of that section).’’. 

SEC. 1303. TREATMENT OF CERTAIN BRIDGES UNDER PRESERVATION 

REQUIREMENTS. 

(a) PRESERVATION OF PARKLANDS.—Section 138 of title 23, 

United States Code, as amended by section 1302, is amended by 

adding at the end the following: 

‘‘(e) BRIDGE EXEMPTION FROM CONSIDERATION.—A common 

post-1945 concrete or steel bridge or culvert (as described in 77 

Fed. Reg. 68790) that is exempt from individual review under 

section 306108 of title 54 shall be exempt from consideration under 

this section.’’. 

(b) POLICY ON LANDS, WILDLIFE AND WATERFOWL REFUGES, AND HISTORIC SITES.—Section 303 of title 49, United States Code, 

as amended by section 1302, is amended by adding at the end 

the following: 

‘‘(g) BRIDGE EXEMPTION FROM CONSIDERATION.—A common 

post-1945 concrete or steel bridge or culvert (as described in 77 

Fed. Reg. 68790) that is exempt from individual review under 

section 306108 of title 54 shall be exempt from consideration under 

this section.’’. 

SEC. 1304. EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT 

DECISIONMAKING. 

(a) DEFINITIONS.—Section 139(a) of title 23, United States Code, 

is amended— 

(1) by striking paragraph (5) and inserting the following: 

‘‘(5) MULTIMODAL PROJECT.—The term ‘multimodal project’ 

means a project that requires the approval of more than 1 

Department of Transportation operating administration or secretarial office.’’; and 

(2) by striking paragraph (6) and inserting the following: 

‘‘(6) PROJECT.— 

‘‘(A) IN GENERAL.—The term ‘project’ means any highway project, public transportation capital project, or 

multimodal project that, if implemented as proposed by 

the project sponsor, would require approval by any operating administration or secretarial office within the Department of Transportation. 

‘‘(B) CONSIDERATIONS.—In determining whether a 

project is a project under subparagraph (A), the Secretary 


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shall take into account, if known, any sources of Federal 

funding or financing identified by the project sponsor, 

including any discretionary grant, loan, and loan guarantee 

programs administered by the Department of Transportation.’’. 

(b) APPLICABILITY.—Section 139(b)(3) of title 23, United States 

Code, is amended— 

(1) in subparagraph (A) in the matter preceding clause 

(i) by striking ‘‘initiate a rulemaking to’’; and 

(2) by striking subparagraph (B) and inserting the following: 

‘‘(B) REQUIREMENTS.—In carrying out subparagraph 

(A), the Secretary shall ensure that programmatic 

reviews— 

‘‘(i) promote transparency, including the transparency of— 

‘‘(I) the analyses and data used in the environmental reviews; 

‘‘(II) the treatment of any deferred issues 

raised by agencies or the public; and 

‘‘(III) the temporal and spatial scales to be 

used to analyze issues under subclauses (I) and 

(II); 

‘‘(ii) use accurate and timely information, including 

through establishment of— 

‘‘(I) criteria for determining the general duration of the usefulness of the review; and 

‘‘(II) a timeline for updating an out-of-date 

review; 

‘‘(iii) describe— 

‘‘(I) the relationship between any programmatic analysis and future tiered analysis; and 

‘‘(II) the role of the public in the creation of 

future tiered analysis; 

‘‘(iv) are available to other relevant Federal and 

State agencies, Indian tribes, and the public; and 

‘‘(v) provide notice and public comment opportunities consistent with applicable requirements.’’. 

(c) FEDERAL LEAD AGENCY.—Section 139(c) of title 23, United 

States Code, is amended— 

(1) in paragraph (1)(A) by inserting ‘‘, or an operating 

administration thereof designated by the Secretary,’’ after 

‘‘Department of Transportation’’; and 

(2) in paragraph (6)— 

(A) in subparagraph (A) by striking ‘‘and’’ at the end; 

(B) in subparagraph (B) by striking the period at the 

end and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(C) to consider and respond to comments received 

from participating agencies on matters within the special 

expertise or jurisdiction of those agencies.’’. 

(d) PARTICIPATING AGENCIES.— 

(1) INVITATION.—Section 139(d)(2) of title 23, United States 

Code, is amended by striking ‘‘The lead agency shall identify, 

as early as practicable in the environmental review process 

for a project,’’ and inserting ‘‘Not later than 45 days after 

the date of publication of a notice of intent to prepare an 


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environmental impact statement or the initiation of an environmental assessment, the lead agency shall identify’’. 

(2) SINGLE NEPA DOCUMENT.—Section 139(d) of title 23, 

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

following: 

‘‘(8) SINGLE NEPA DOCUMENT.— ‘‘(A) IN GENERAL.—Except as inconsistent with paragraph (7), to the maximum extent practicable and consistent with Federal law, all Federal permits and reviews 

for a project shall rely on a single environment document 

prepared under the National Environmental Policy Act of 

1969 (42 U.S.C. 4321 et seq.) under the leadership of the 

lead agency. 

‘‘(B) USE OF DOCUMENT.— ‘‘(i) IN GENERAL.—To the maximum extent practicable, the lead agency shall develop an environmental 

document sufficient to satisfy the requirements for any 

Federal approval or other Federal action required for 

the project, including permits issued by other Federal 

agencies. 

‘‘(ii) COOPERATION OF PARTICIPATING AGENCIES.— 

Other participating agencies shall cooperate with the 

lead agency and provide timely information to help 

the lead agency carry out this subparagraph. 

‘‘(C) TREATMENT AS PARTICIPATING AND COOPERATING

AGENCIES.—A Federal agency required to make an approval 

or take an action for a project, as described in subparagraph 

(B), shall work with the lead agency for the project to 

ensure that the agency making the approval or taking 

the action is treated as being both a participating and 

cooperating agency for the project. 

‘‘(9) PARTICIPATING AGENCY RESPONSIBILITIES.—An agency 

participating in the environmental review process under this 

section shall— 

‘‘(A) provide comments, responses, studies, or methodologies on those areas within the special expertise or 

jurisdiction of the agency; and 

‘‘(B) use the process to address any environmental 

issues of concern to the agency.’’. 

(e) PROJECT INITIATION.—Section 139(e) of title 23, United 

States Code, is amended— 

(1) in paragraph (1) by inserting ‘‘(including any additional 

information that the project sponsor considers to be important 

to initiate the process for the proposed project)’’ after ‘‘general 

location of the proposed project’’; and 

(2) by adding at the end the following: 

‘‘(3) REVIEW OF APPLICATION.—Not later than 45 days after 

the date on which the Secretary receives notification under 

paragraph (1), the Secretary shall provide to the project sponsor 

a written response that, as applicable— 

‘‘(A) describes the determination of the Secretary— 

‘‘(i) to initiate the environmental review process, 

including a timeline and an expected date for the 

publication in the Federal Register of the relevant 

notice of intent; or 

‘‘(ii) to decline the application, including an explanation of the reasons for that decision; or 


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‘‘(B) requests additional information, and provides to 

the project sponsor an accounting regarding what documentation is necessary to initiate the environmental review 

process. 

‘‘(4) REQUEST TO DESIGNATE A LEAD AGENCY.— ‘‘(A) IN GENERAL.—Any project sponsor may submit 

to the Secretary a request to designate the operating 

administration or secretarial office within the Department 

of Transportation with the expertise on the proposed project 

to serve as the Federal lead agency for the project. 

‘‘(B) SECRETARIAL ACTION.— ‘‘(i) IN GENERAL.—If the Secretary receives a 

request under subparagraph (A), the Secretary shall 

respond to the request not later than 45 days after 

the date of receipt. 

‘‘(ii) REQUIREMENTS.—The response under clause 

(i) shall— 

‘‘(I) approve the request; 

‘‘(II) deny the request, with an explanation 

of the reasons for the denial; or 

‘‘(III) require the submission of additional 

information. 

‘‘(iii) ADDITIONAL INFORMATION.—If additional 

information is submitted in accordance with clause 

(ii)(III), the Secretary shall respond to the submission 

not later than 45 days after the date of receipt. 

‘‘(5) ENVIRONMENTAL CHECKLIST.— 

‘‘(A) DEVELOPMENT.—The lead agency for a project, 

in consultation with participating agencies, shall develop, 

as appropriate, a checklist to help project sponsors identify 

potential natural, cultural, and historic resources in the 

area of the project. 

‘‘(B) PURPOSE.—The purposes of the checklist are— 

‘‘(i) to identify agencies and organizations that can 

provide information about natural, cultural, and historic resources; 

‘‘(ii) to develop the information needed to determine the range of alternatives; and 

‘‘(iii) to improve interagency collaboration to help 

expedite the permitting process for the lead agency 

and participating agencies.’’. 

(f) PURPOSE AND NEED.—Section 139(f) of title 23, United States 

Code, is amended— 

(1) in the subsection heading by inserting ‘‘; ALTERNATIVES

ANALYSIS’’ after ‘‘NEED’’; and 

(2) in paragraph (4)— 

(A) by striking subparagraph (A) and inserting the 

following: 

‘‘(A) PARTICIPATION.— 

‘‘(i) IN GENERAL.—As early as practicable during 

the environmental review process, the lead agency 

shall provide an opportunity for involvement by participating agencies and the public in determining the 

range of alternatives to be considered for a project. 

‘‘(ii) COMMENTS OF PARTICIPATING AGENCIES.—To 

the maximum extent practicable and consistent with 

applicable law, each participating agency receiving an 


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opportunity for involvement under clause (i) shall limit 

the comments of the agency to subject matter areas 

within the special expertise or jurisdiction of the 

agency. 

‘‘(iii) EFFECT OF NONPARTICIPATION.—A participating agency that declines to participate in the 

development of the purpose and need and range of 

alternatives for a project shall be required to comply 

with the schedule developed under subsection 

(g)(1)(B).’’; 

(B) in subparagraph (B)— 

(i) by striking ‘‘Following participation under paragraph (1)’’ and inserting the following: 

‘‘(i) DETERMINATION.—Following participation 

under subparagraph (A)’’; and 

(ii) by adding at the end the following: 

‘‘(ii) USE.—To the maximum extent practicable and 

consistent with Federal law, the range of alternatives 

determined for a project under clause (i) shall be used 

for all Federal environmental reviews and permit processes required for the project unless the alternatives 

must be modified— 

‘‘(I) to address significant new information or 

circumstances, and the lead agency and participating agencies agree that the alternatives must 

be modified to address the new information or 

circumstances; or 

‘‘(II) for the lead agency or a participating 

agency to fulfill the responsibilities of the agency 

under the National Environmental Policy Act of 

1969 (42 U.S.C. 4321 et seq.) in a timely manner.’’; 

and 

(C) by adding at the end the following: 

‘‘(E) REDUCTION OF DUPLICATION.— 

‘‘(i) IN GENERAL.—In carrying out this paragraph, 

the lead agency shall reduce duplication, to the maximum extent practicable, between— 

‘‘(I) the evaluation of alternatives under the 

National Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.); and 

‘‘(II) the evaluation of alternatives in the 

metropolitan transportation planning process 

under section 134 or an environmental review 

process carried out under State law (referred to 

in this subparagraph as a ‘State environmental 

review process’). 

‘‘(ii) CONSIDERATION OF ALTERNATIVES.—The lead 

agency may eliminate from detailed consideration an 

alternative proposed in an environmental impact statement regarding a project if, as determined by the lead 

agency— 

‘‘(I) the alternative was considered in a metropolitan planning process or a State environmental 

review process by a metropolitan planning 

organization or a State or local transportation 

agency, as applicable; 


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‘‘(II) the lead agency provided guidance to the 

metropolitan planning organization or State or 

local transportation agency, as applicable, 

regarding analysis of alternatives in the metropolitan planning process or State environmental 

review process, including guidance on the requirements of the National Environmental Policy Act 

of 1969 (42 U.S.C. 4321 et seq.) and any other 

Federal law necessary for approval of the project; 

‘‘(III) the applicable metropolitan planning 

process or State environmental review process 

included an opportunity for public review and comment; 

‘‘(IV) the applicable metropolitan planning 

organization or State or local transportation 

agency rejected the alternative after considering 

public comments; 

‘‘(V) the Federal lead agency independently 

reviewed the alternative evaluation approved by 

the applicable metropolitan planning organization 

or State or local transportation agency; and 

‘‘(VI) the Federal lead agency determined— 

‘‘(aa) in consultation with Federal participating or cooperating agencies, that the alternative to be eliminated from consideration is 

not necessary for compliance with the National 

Environmental Policy Act of 1969 (42 U.S.C. 

4321 et seq.); or 

‘‘(bb) with the concurrence of Federal 

agencies with jurisdiction over a permit or 

approval required for a project, that the alternative to be eliminated from consideration is 

not necessary for any permit or approval under 

any other Federal law.’’. 

(g) COORDINATION AND SCHEDULING.— (1) COORDINATION PLAN.—Section 139(g)(1) of title 23, 

United States Code, is amended— 

(A) in subparagraph (A) by striking ‘‘The lead agency’’ 

and inserting ‘‘Not later than 90 days after the date of 

publication of a notice of intent to prepare an environmental impact statement or the initiation of an environmental assessment, the lead agency’’; and 

(B) in subparagraph (B)(i) by striking ‘‘may establish 

as part of the coordination plan’’ and inserting ‘‘shall establish as part of such coordination plan’’. 

(2) DEADLINES FOR DECISIONS UNDER OTHER LAWS.—Section 

139(g)(3) of title 23, United States Code, is amended in the 

matter preceding subparagraph (A) by inserting ‘‘and publish 

on the Internet’’ after ‘‘House of Representatives’’. 

(h) ISSUE IDENTIFICATION AND RESOLUTION.— 

(1) ISSUE RESOLUTION.—Section 139(h) of title 23, United 

States Code, is amended— 

(A) by redesignating paragraphs (4) through (7) as 

paragraphs (5) through (8), respectively; and 

(B) by inserting after paragraph (3) the following: 

‘‘(4) ISSUE RESOLUTION.—Any issue resolved by the lead 

agency with the concurrence of participating agencies may not 


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be reconsidered unless significant new information or circumstances arise.’’. 

(2) FAILURE TO ASSURE.—Section 139(h)(5)(C) of title 23, 

United States Code (as redesignated by paragraph (1)(A)), is 

amended by striking ‘‘paragraph (5) and’’ and inserting ‘‘paragraph (6)’’. 

(3) FINANCIAL PENALTY PROVISIONS.—Section 139(h)(7)(B) 

of title 23, United States Code (as redesignated by paragraph 

(1)(A)), is amended— 

(A) in clause (i)(I) by striking ‘‘under section 106(i) 

is required’’ and inserting ‘‘is required under subsection 

(h) or (i) of section 106’’; and 

(B) by striking clause (ii) and inserting the following: 

‘‘(ii) DESCRIPTION OF DATE.—The date referred to 

in clause (i) is— 

‘‘(I) the date that is 30 days after the date 

for rendering a decision as described in the project 

schedule established pursuant to subsection 

(g)(1)(B); 

‘‘(II) if no schedule exists, the later of— 

‘‘(aa) the date that is 180 days after the 

date on which an application for the permit, 

license, or approval is complete; and 

‘‘(bb) the date that is 180 days after the 

date on which the Federal lead agency issues 

a decision on the project under the National 

Environmental Policy Act of 1969 (42 U.S.C. 

4321 et seq.); or 

‘‘(III) a modified date in accordance with subsection (g)(1)(D).’’. 

(i) ASSISTANCE TO AFFECTED STATE AND FEDERAL AGENCIES.— 

(1) IN GENERAL.—Section 139(j) of title 23, United States 

Code, is amended by striking paragraph (1) and inserting the 

following: 

‘‘(1) IN GENERAL.— ‘‘(A) AUTHORITY TO PROVIDE FUNDS.—The Secretary 

may allow a public entity receiving financial assistance 

from the Department of Transportation under this title 

or chapter 53 of title 49 to provide funds to Federal agencies 

(including the Department), State agencies, and Indian 

tribes participating in the environmental review process 

for the project or program. 

‘‘(B) USE OF FUNDS.—Funds referred to in subparagraph (A) may be provided only to support activities that 

directly and meaningfully contribute to expediting and 

improving permitting and review processes, including planning, approval, and consultation processes for the project 

or program.’’. 

(2) ACTIVITIES ELIGIBLE FOR FUNDING.—Section 139(j)(2) 

of title 23, United States Code, is amended by inserting ‘‘activities directly related to the environmental review process,’’ before 

‘‘dedicated staffing,’’. 

(3) AGREEMENT.—Section 139(j) of title 23, United States 

Code, is amended by striking paragraph (6) and inserting the 

following: 

‘‘(6) AGREEMENT.—Prior to providing funds approved by 

the Secretary for dedicated staffing at an affected agency under 


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paragraphs (1) and (2), the affected agency and the requesting 

public entity shall enter into an agreement that establishes 

the projects and priorities to be addressed by the use of the 

funds.’’. 

(j) ACCELERATED DECISIONMAKING; IMPROVING TRANSPARENCY

IN ENVIRONMENTAL REVIEWS.— (1) IN GENERAL.—Section 139 of title 23, United States 

Code, is amended by adding at the end the following: 

‘‘(n) ACCELERATED DECISIONMAKING IN ENVIRONMENTAL

REVIEWS.— 

‘‘(1) IN GENERAL.—In preparing a final environmental 

impact statement under the National Environmental Policy 

Act of 1969 (42 U.S.C. 4321 et seq.), if the lead agency modifies 

the statement in response to comments that are minor and 

are confined to factual corrections or explanations of why the 

comments do not warrant additional agency response, the lead 

agency may write on errata sheets attached to the statement 

instead of rewriting the draft statement, subject to the condition 

that the errata sheets— 

‘‘(A) cite the sources, authorities, and reasons that 

support the position of the agency; and 

‘‘(B) if appropriate, indicate the circumstances that 

would trigger agency reappraisal or further response. 

‘‘(2) SINGLE DOCUMENT.—To the maximum extent practicable, the lead agency shall expeditiously develop a single 

document that consists of a final environmental impact statement and a record of decision, unless— 

‘‘(A) the final environmental impact statement makes 

substantial changes to the proposed action that are relevant 

to environmental or safety concerns; or 

‘‘(B) there is a significant new circumstance or information relevant to environmental concerns that bears on the 

proposed action or the impacts of the proposed action. 

‘‘(o) IMPROVING TRANSPARENCY IN ENVIRONMENTAL REVIEWS.— 

‘‘(1) IN GENERAL.—Not later than 18 months after the date 

of enactment of this subsection, the Secretary shall— 

‘‘(A) use the searchable Internet website maintained 

under section 41003(b) of the FAST Act— 

‘‘(i) to make publicly available the status and 

progress of projects requiring an environmental assessment or an environmental impact statement with 

respect to compliance with applicable requirements of 

the National Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.) and any other Federal, State, 

or local approval required for those projects; and 

‘‘(ii) to make publicly available the names of 

participating agencies not participating in the development of a project purpose and need and range of alternatives under subsection (f); and 

‘‘(B) issue reporting standards to meet the requirements of subparagraph (A). 

‘‘(2) FEDERAL, STATE, AND LOCAL AGENCY PARTICIPATION.— 

‘‘(A) FEDERAL AGENCIES.—A Federal agency participating in the environmental review or permitting process 

for a project shall provide to the Secretary information 

regarding the status and progress of the approval of the 

project for publication on the Internet website referred 


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129 STAT. 1386 PUBLIC LAW 114–94—DEC. 4, 2015 

to in paragraph (1)(A), consistent with the standards established under paragraph (1)(B). 

‘‘(B) STATE AND LOCAL AGENCIES.—The Secretary shall 

encourage State and local agencies participating in the 

environmental review permitting process for a project to 

provide information regarding the status and progress of 

the approval of the project for publication on the Internet 

website referred to in paragraph (1)(A). 

‘‘(3) STATES WITH DELEGATED AUTHORITY.—A State with 

delegated authority for responsibilities under the National 

Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

pursuant to section 327 shall be responsible for supplying to 

the Secretary project development and compliance status for 

all applicable projects.’’. 

(2) CONFORMING AMENDMENT.—Section 1319 of MAP–21 

(42 U.S.C. 4332a), and the item relating to that section in 

the table of contents contained in section 1(c) of that Act, 

are repealed. 

(k) IMPLEMENTATION OF PROGRAMMATIC COMPLIANCE.— 

(1) RULEMAKING.—Not later than 1 year after the date 

of enactment of this Act, the Secretary shall complete a rulemaking to implement the provisions of section 139(b)(3) of 

title 23, United States Code, as amended by this section. 

(2) CONSULTATION.—Before initiating the rulemaking under 

paragraph (1), the Secretary shall consult with relevant Federal 

agencies, relevant State resource agencies, State departments 

of transportation, Indian tribes, and the public on the appropriate use and scope of the programmatic approaches. 

(3) REQUIREMENTS.—In carrying out this subsection, the 

Secretary shall ensure that the rulemaking meets the requirements of section 139(b)(3)(B) of title 23, United States Code, 

as amended by this section. 

(4) COMMENT PERIOD.—The Secretary shall— 

(A) allow not fewer than 60 days for public notice 

and comment on the proposed rule; and 

(B) address any comments received under this subsection. 

SEC. 1305. INTEGRATION OF PLANNING AND ENVIRONMENTAL 

REVIEW. 

Section 168 of title 23, United States Code, is amended to 

read as follows: 

‘‘§ 168. Integration of planning and environmental review 

‘‘(a) DEFINITIONS.—In this section, the following definitions 

apply: 

‘‘(1) ENVIRONMENTAL REVIEW PROCESS.—The term ‘environmental review process’ has the meaning given the term in 

section 139(a). 

‘‘(2) LEAD AGENCY.—The term ‘lead agency’ has the meaning 

given the term in section 139(a). 

‘‘(3) PLANNING PRODUCT.—The term ‘planning product’ 

means a decision, analysis, study, or other documented information that is the result of an evaluation or decisionmaking 

process carried out by a metropolitan planning organization 

or a State, as appropriate, during metropolitan or statewide 

transportation planning under section 134 or 135, respectively. 

23 USC 139 note. 


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‘‘(4) PROJECT.—The term ‘project’ has the meaning given 

the term in section 139(a). 

‘‘(5) PROJECT SPONSOR.—The term ‘project sponsor’ has the 

meaning given the term in section 139(a). 

‘‘(6) RELEVANT AGENCY.—The term ‘relevant agency’ means 

the agency with authority under subparagraph (A) or (B) of 

subsection (b)(1). 

‘‘(b) ADOPTION OR INCORPORATION BY REFERENCE OF PLANNING

PRODUCTS FOR USE IN NEPA PROCEEDINGS.— 

‘‘(1) IN GENERAL.—Subject to subsection (d) and to the 

maximum extent practicable and appropriate, the following 

agencies may adopt or incorporate by reference and use a 

planning product in proceedings relating to any class of action 

in the environmental review process of the project: 

‘‘(A) The lead agency for a project, with respect to 

an environmental impact statement, environmental assessment, categorical exclusion, or other document prepared 

under the National Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.). 

‘‘(B) The cooperating agency with responsibility under 

Federal law, with respect to the process for and completion 

of any environmental permit, approval, review, or study 

required for a project under any Federal law other than 

the National Environmental Policy Act of 1969 (42 U.S.C. 

4321 et seq.), if consistent with that law. 

‘‘(2) IDENTIFICATION.—If the relevant agency makes a determination to adopt or incorporate by reference and use a planning product, the relevant agency shall identify the agencies 

that participated in the development of the planning products. 

‘‘(3) ADOPTION OR INCORPORATION BY REFERENCE OF PLANNING PRODUCTS.—The relevant agency may— 

‘‘(A) adopt or incorporate by reference an entire planning product under paragraph (1); or 

‘‘(B) select portions of a planning project under paragraph (1) for adoption or incorporation by reference. 

‘‘(4) TIMING.—A determination under paragraph (1) with 

respect to the adoption or incorporation by reference of a planning product may— 

‘‘(A) be made at the time the relevant agencies decide 

the appropriate scope of environmental review for the 

project; or 

‘‘(B) occur later in the environmental review process, 

as appropriate. 

‘‘(c) APPLICABILITY.— 

‘‘(1) PLANNING DECISIONS.—The relevant agency in the 

environmental review process may adopt or incorporate by reference decisions from a planning product, including— 

‘‘(A) whether tolling, private financial assistance, or 

other special financial measures are necessary to implement the project; 

‘‘(B) a decision with respect to general travel corridor 

or modal choice, including a decision to implement corridor 

or subarea study recommendations to advance different 

modal solutions as separate projects with independent 

utility; 

‘‘(C) the purpose and the need for the proposed action; 


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‘‘(D) preliminary screening of alternatives and elimination of unreasonable alternatives; 

‘‘(E) a basic description of the environmental setting; 

‘‘(F) a decision with respect to methodologies for analysis; and 

‘‘(G) an identification of programmatic level mitigation 

for potential impacts of a project, including a programmatic 

mitigation plan developed in accordance with section 169, 

that the relevant agency determines are more effectively 

addressed on a national or regional scale, including— 

‘‘(i) measures to avoid, minimize, and mitigate 

impacts at a national or regional scale of proposed 

transportation investments on environmental 

resources, including regional ecosystem and water 

resources; and 

‘‘(ii) potential mitigation activities, locations, and 

investments. 

‘‘(2) PLANNING ANALYSES.—The relevant agency in the 

environmental review process may adopt or incorporate by reference analyses from a planning product, including— 

‘‘(A) travel demands; 

‘‘(B) regional development and growth; 

‘‘(C) local land use, growth management, and development; 

‘‘(D) population and employment; 

‘‘(E) natural and built environmental conditions; 

‘‘(F) environmental resources and environmentally sensitive areas; 

‘‘(G) potential environmental effects, including the 

identification of resources of concern and potential direct, 

indirect, and cumulative effects on those resources; and 

‘‘(H) mitigation needs for a proposed project, or for 

programmatic level mitigation, for potential effects that 

the lead agency determines are most effectively addressed 

at a regional or national program level. 

‘‘(d) CONDITIONS.—The relevant agency in the environmental 

review process may adopt or incorporate by reference a planning 

product under this section if the relevant agency determines, with 

the concurrence of the lead agency and, if the planning product 

is necessary for a cooperating agency to issue a permit, review, 

or approval for the project, with the concurrence of the cooperating 

agency, that the following conditions have been met: 

‘‘(1) The planning product was developed through a planning process conducted pursuant to applicable Federal law. 

‘‘(2) The planning product was developed in consultation 

with appropriate Federal and State resource agencies and 

Indian tribes. 

‘‘(3) The planning process included broad multidisciplinary 

consideration of systems-level or corridor-wide transportation 

needs and potential effects, including effects on the human 

and natural environment. 

‘‘(4) The planning process included public notice that the 

planning products produced in the planning process may be 

adopted during a subsequent environmental review process in 

accordance with this section. 

‘‘(5) During the environmental review process, the relevant 

agency has— 


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‘‘(A) made the planning documents available for public 

review and comment by members of the general public 

and Federal, State, local, and tribal governments that may 

have an interest in the proposed project; 

‘‘(B) provided notice of the intention of the relevant 

agency to adopt or incorporate by reference the planning 

product; and 

‘‘(C) considered any resulting comments. 

‘‘(6) There is no significant new information or new circumstance that has a reasonable likelihood of affecting the 

continued validity or appropriateness of the planning product. 

‘‘(7) The planning product has a rational basis and is based 

on reliable and reasonably current data and reasonable and 

scientifically acceptable methodologies. 

‘‘(8) The planning product is documented in sufficient detail 

to support the decision or the results of the analysis and to 

meet requirements for use of the information in the environmental review process. 

‘‘(9) The planning product is appropriate for adoption or 

incorporation by reference and use in the environmental review 

process for the project and is incorporated in accordance with, 

and is sufficient to meet the requirements of, the National 

Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

and section 1502.21 of title 40, Code of Federal Regulations 

(as in effect on the date of enactment of the FAST Act). 

‘‘(10) The planning product was approved within the 5- 

year period ending on the date on which the information is 

adopted or incorporated by reference. 

‘‘(e) EFFECT OF ADOPTION OR INCORPORATION BY REFERENCE.— 

Any planning product adopted or incorporated by reference by the 

relevant agency in accordance with this section may be— 

‘‘(1) incorporated directly into an environmental review 

process document or other environmental document; and 

‘‘(2) relied on and used by other Federal agencies in carrying out reviews of the project. 

‘‘(f) RULES OF CONSTRUCTION.— 

‘‘(1) IN GENERAL.—This section does not make the environmental review process applicable to the transportation planning 

process conducted under this title and chapter 53 of title 49. 

‘‘(2) TRANSPORTATION PLANNING ACTIVITIES.—Initiation of 

the environmental review process as a part of, or concurrently 

with, transportation planning activities does not subject 

transportation plans and programs to the environmental review 

process. 

‘‘(3) PLANNING PRODUCTS.—This section does not affect the 

use of planning products in the environmental review process 

pursuant to other authorities under any other provision of 

law or restrict the initiation of the environmental review 

process during planning.’’. 

SEC. 1306. DEVELOPMENT OF PROGRAMMATIC MITIGATION PLANS. 

Section 169(f) of title 23, United States Code, is amended— 

(1) by striking ‘‘may use’’ and inserting ‘‘shall give substantial weight to’’; and 

(2) by inserting ‘‘or other Federal environmental law’’ before 

the period at the end. 


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129 STAT. 1390 PUBLIC LAW 114–94—DEC. 4, 2015 

SEC. 1307. TECHNICAL ASSISTANCE FOR STATES. 

Section 326 of title 23, United States Code, is amended— 

(1) in subsection (c)— 

(A) by redesignating paragraphs (2) through (4) as 

paragraphs (3) through (5), respectively; and 

(B) by inserting after paragraph (1) the following: 

‘‘(2) ASSISTANCE TO STATES.—On request of a Governor 

of a State, the Secretary shall provide to the State technical 

assistance, training, or other support relating to— 

‘‘(A) assuming responsibility under subsection (a); 

‘‘(B) developing a memorandum of understanding under 

this subsection; or 

‘‘(C) addressing a responsibility in need of corrective 

action under subsection (d)(1)(B).’’; and 

(2) in subsection (d), by striking paragraph (1) and inserting 

the following: 

‘‘(1) TERMINATION BY SECRETARY.—The Secretary may 

terminate the participation of any State in the program if— 

‘‘(A) the Secretary determines that the State is not 

adequately carrying out the responsibilities assigned to 

the State; 

‘‘(B) the Secretary provides to the State— 

‘‘(i) a notification of the determination of noncompliance; 

‘‘(ii) a period of not less than 120 days to take 

such corrective action as the Secretary determines to 

be necessary to comply with the applicable agreement; 

and 

‘‘(iii) on request of the Governor of the State, a 

detailed description of each responsibility in need of 

corrective action regarding an inadequacy identified 

under subparagraph (A); and 

‘‘(C) the State, after the notification and period 

described in clauses (i) and (ii) of subparagraph (B), fails 

to take satisfactory corrective action, as determined by 

the Secretary.’’. 

SEC. 1308. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM. 

Section 327 of title 23, United States Code, is amended— 

(1) in subsection (a)(2)(B)(iii) by striking ‘‘(42 U.S.C. 13 

4321 et seq.)’’ and inserting ‘‘(42 U.S.C. 4321 et seq.)’’; 

(2) in subsection (c)(4) by inserting ‘‘reasonably’’ before 

‘‘considers necessary’’; 

(3) in subsection (e) by inserting ‘‘and without further 

approval of’’ after ‘‘in lieu of’’; 

(4) in subsection (g)— 

(A) by striking paragraph (1) and inserting the following: 

‘‘(1) IN GENERAL.—To ensure compliance by a State with 

any agreement of the State under subsection (c) (including 

compliance by the State with all Federal laws for which responsibility is assumed under subsection (a)(2)), for each State 

participating in the program under this section, the Secretary 

shall— 

‘‘(A) not later than 180 days after the date of execution 

of the agreement, meet with the State to review 


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implementation of the agreement and discuss plans for 

the first annual audit; 

‘‘(B) conduct annual audits during each of the first 

4 years of State participation; and 

‘‘(C) ensure that the time period for completing an 

annual audit, from initiation to completion (including public 

comment and responses to those comments), does not 

exceed 180 days.’’; and 

(B) by adding at the end the following: 

‘‘(3) AUDIT TEAM.— ‘‘(A) IN GENERAL.—An audit conducted under paragraph (1) shall be carried out by an audit team determined 

by the Secretary, in consultation with the State, in accordance with subparagraph (B). 

‘‘(B) CONSULTATION.—Consultation with the State 

under subparagraph (A) shall include a reasonable opportunity for the State to review and provide comments on 

the proposed members of the audit team.’’; 

(5) in subsection (j) by striking paragraph (1) and inserting 

the following: 

‘‘(1) TERMINATION BY SECRETARY.—The Secretary may 

terminate the participation of any State in the program if— 

‘‘(A) the Secretary determines that the State is not 

adequately carrying out the responsibilities assigned to 

the State; 

‘‘(B) the Secretary provides to the State— 

‘‘(i) a notification of the determination of noncompliance; 

‘‘(ii) a period of not less than 120 days to take 

such corrective action as the Secretary determines to 

be necessary to comply with the applicable agreement; 

and 

‘‘(iii) on request of the Governor of the State, a 

detailed description of each responsibility in need of 

corrective action regarding an inadequacy identified 

under subparagraph (A); and 

‘‘(C) the State, after the notification and period provided under subparagraph (B), fails to take satisfactory 

corrective action, as determined by the Secretary.’’; and 

(6) by adding at the end the following: 

‘‘(k) CAPACITY BUILDING.—The Secretary, in cooperation with 

representatives of State officials, may carry out education, training, 

peer-exchange, and other initiatives as appropriate— 

‘‘(1) to assist States in developing the capacity to participate 

in the assignment program under this section; and 

‘‘(2) to promote information sharing and collaboration 

among States that are participating in the assignment program 

under this section. 

‘‘(l) RELATIONSHIP TO LOCALLY ADMINISTERED PROJECTS.—A 

State granted authority under this section may, as appropriate 

and at the request of a local government— 

‘‘(1) exercise such authority on behalf of the local government for a locally administered project; or 

‘‘(2) provide guidance and training on consolidating and 

minimizing the documentation and environmental analyses necessary for sponsors of a locally administered project to comply 

with the National Environmental Policy Act of 1969 (42 U.S.C. 


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129 STAT. 1392 PUBLIC LAW 114–94—DEC. 4, 2015 

4321 et seq.) and any comparable requirements under State 

law.’’. 

SEC. 1309. PROGRAM FOR ELIMINATING DUPLICATION OF ENVIRONMENTAL REVIEWS. 

(a) PURPOSE.—The purpose of this section is to eliminate 

duplication of environmental reviews and approvals under State 

laws and the National Environmental Policy Act of 1969 (42 U.S.C. 

4321 et seq.). 

(b) IN GENERAL.—Chapter 3 of title 23, United States Code, 

is amended by adding at the end the following: 

‘‘§ 330. Program for eliminating duplication of environmental 

reviews 

‘‘(a) ESTABLISHMENT.— 

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

program to authorize States that have assumed responsibilities 

of the Secretary under section 327 and are approved to participate in the program under this section to conduct environmental reviews and make approvals for projects under State 

environmental laws and regulations instead of the National 

Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 

consistent with the requirements of this section. 

‘‘(2) PARTICIPATING STATES.—The Secretary may select not 

more than 5 States to participate in the program. 

‘‘(3) ALTERNATIVE ENVIRONMENTAL REVIEW AND APPROVAL

PROCEDURES DEFINED.—In this section, the term ‘alternative 

environmental review and approval procedures’ means— 

‘‘(A) substitution of 1 or more State environmental 

laws for— 

‘‘(i) the National Environmental Policy Act of 1969 

(42 U.S.C. 4321 et seq.); 

‘‘(ii) any provisions of section 139 establishing 

procedures for the implementation of the National 

Environmental Policy Act of 1969 (42 U.S.C. 4321 et 

seq.) that are under the authority of the Secretary, 

as the Secretary, in consultation with the State, considers appropriate; and 

‘‘(iii) related regulations and Executive orders; and 

‘‘(B) substitution of 1 or more State environmental 

regulations for— 

‘‘(i) the National Environmental Policy Act of 1969 

(42 U.S.C. 4321 et seq.); 

‘‘(ii) any provisions of section 139 establishing 

procedures for the implementation of the National 

Environmental Policy Act of 1969 (42 U.S.C. 4321 et 

seq.) that are under the authority of the Secretary, 

as the Secretary, in consultation with the State, considers appropriate; and 

‘‘(iii) related regulations and Executive orders. 

‘‘(b) APPLICATION.—To be eligible to participate in the program, 

a State shall submit to the Secretary an application containing 

such information as the Secretary may require, including— 

‘‘(1) a full and complete description of the proposed alternative environmental review and approval procedures of the 

State, including— 

23 USC 330 note. 

23 USC 330 note. 


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‘‘(A) the procedures the State uses to engage the public 

and consider alternatives to the proposed action; and 

‘‘(B) the extent to which the State considers environmental consequences or impacts on resources potentially 

impacted by the proposed action (such as air, water, or 

species); 

‘‘(2) each Federal requirement described in subsection (a)(3) 

that the State is seeking to substitute; 

‘‘(3) each State law or regulation that the State intends 

to substitute for such Federal requirement; 

‘‘(4) an explanation of the basis for concluding that the 

State law or regulation is at least as stringent as the Federal 

requirement described in subsection (a)(3); 

‘‘(5) a description of the projects or classes of projects for 

which the State anticipates exercising the authority that may 

be granted under the program; 

‘‘(6) verification that the State has the financial resources 

necessary to carry out the authority that may be granted under 

the program; 

‘‘(7) evidence of having sought, received, and addressed 

comments on the proposed application from the public; and 

‘‘(8) any such additional information as the Secretary, or, 

with respect to section (d)(1)(A), the Secretary in consultation 

with the Chair, may require. 

‘‘(c) REVIEW OF APPLICATION.—In accordance with subsection 

(d), the Secretary shall— 

‘‘(1) review and accept public comments on an application 

submitted under subsection (b); 

‘‘(2) approve or disapprove the application not later than 

120 days after the date of receipt of an application that the 

Secretary determines is complete; and 

‘‘(3) transmit to the State notice of the approval or disapproval, together with a statement of the reasons for the 

approval or disapproval. 

‘‘(d) APPROVAL OF APPLICATION.— 

‘‘(1) IN GENERAL.—The Secretary shall approve an application submitted under subsection (b) only if— 

‘‘(A) the Secretary, with the concurrence of the Chair 

and after considering any public comments received pursuant to subsection (c), determines that the laws and regulations of the State described in the application are at least 

as stringent as the Federal requirements described in subsection (a)(3); 

‘‘(B) the Secretary, after considering any public comments received pursuant to subsection (c), determines that 

the State has the capacity, including financial and personnel, to assume the responsibility; 

‘‘(C) the State has executed an agreement with the 

Secretary in accordance with section 327; and 

‘‘(D) the State has executed an agreement with the 

Secretary under this section that— 

‘‘(i) has been executed by the Governor or the 

top-ranking transportation official in the State who 

is charged with responsibility for highway construction; 

‘‘(ii) is in such form as the Secretary may prescribe; 

‘‘(iii) provides that the State— 


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‘‘(I) agrees to assume the responsibilities, as 

identified by the Secretary, under this section; 

‘‘(II) expressly consents, on behalf of the State, 

to accept the jurisdiction of the Federal courts 

under subsection (e)(1) for the compliance, discharge, and enforcement of any responsibility 

under this section; 

‘‘(III) certifies that State laws (including regulations) are in effect that— 

‘‘(aa) authorize the State to take the 

actions necessary to carry out the responsibilities being assumed; and 

‘‘(bb) are comparable to section 552 of title 

5, including providing that any decision 

regarding the public availability of a document 

under those State laws is reviewable by a 

court of competent jurisdiction; and 

‘‘(IV) agrees to maintain the financial 

resources necessary to carry out the responsibilities being assumed; 

‘‘(iv) requires the State to provide to the Secretary 

any information the Secretary reasonably considers 

necessary to ensure that the State is adequately carrying out the responsibilities assigned to the State; 

‘‘(v) has a term of not more than 5 years; and 

‘‘(vi) is renewable. 

‘‘(2) EXCLUSION.—The National Environmental Policy Act 

of 1969 (42 U.S.C. 4321 et seq.) shall not apply to a decision 

by the Secretary to approve or disapprove an application submitted under this section. 

‘‘(e) JUDICIAL REVIEW.— 

‘‘(1) IN GENERAL.—The United States district courts shall 

have exclusive jurisdiction over any civil action against a State 

relating to the failure of the State— 

‘‘(A) to meet the requirements of this section; or 

‘‘(B) to follow the alternative environmental review 

and approval procedures approved pursuant to this section. 

‘‘(2) LIMITATION ON REVIEW.— 

‘‘(A) IN GENERAL.—Notwithstanding any other provision of law, a claim seeking judicial review of a permit, 

license, or approval issued by a State under this section 

shall be barred unless the claim is filed not later than 

2 years after the date of publication in the Federal Register 

by the Secretary of a notice that the permit, license, or 

approval is final pursuant to the law under which the 

action is taken. 

‘‘(B) DEADLINES.— 

‘‘(i) NOTIFICATION.—The State shall notify the Secretary of the final action of the State not later than 

10 days after the final action is taken. 

‘‘(ii) PUBLICATION.—The Secretary shall publish 

the notice of final action in the Federal Register not 

later than 30 days after the date of receipt of the 

notice under clause (i). 

‘‘(C) SAVINGS PROVISION.—Nothing in this subsection 

creates a right to judicial review or places any limit on 


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filing a claim that a person has violated the terms of 

a permit, license, or approval. 

‘‘(3) NEW INFORMATION.— 

‘‘(A) IN GENERAL.—A State shall consider new information received after the close of a comment period if the 

information satisfies the requirements for a supplemental 

environmental impact statement under section 771.130 of 

title 23, Code of Federal Regulations (or successor regulations). 

‘‘(B) TREATMENT OF FINAL AGENCY ACTION.— ‘‘(i) IN GENERAL.—The final agency action that follows preparation of a supplemental environmental 

impact statement, if required, shall be considered a 

separate final agency action, and the deadline for filing 

a claim for judicial review of the action shall be 2 

years after the date of publication in the Federal Register by the Secretary of a notice announcing such 

action. 

‘‘(ii) DEADLINES.— 

‘‘(I) NOTIFICATION.—The State shall notify the 

Secretary of the final action of the State not later 

than 10 days after the final action is taken. 

‘‘(II) PUBLICATION.—The Secretary shall publish the notice of final action in the Federal Register not later than 30 days after the date of receipt 

of the notice under subclause (I). 

‘‘(f) ELECTION.—A State participating in the programs under 

this section and section 327, at the discretion of the State, may 

elect to apply the National Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.) instead of the alternative environmental review 

and approval procedures of the State. 

‘‘(g) ADOPTION OR INCORPORATION BY REFERENCE OF DOCUMENTS.—To the maximum extent practicable and consistent with 

Federal law, other Federal agencies with authority over a project 

subject to this section shall adopt or incorporate by reference documents produced by a participating State under this section to satisfy 

the requirements of the National Environmental Policy Act of 1969 

(42 U.S.C. 4321 et seq.). 

‘‘(h) RELATIONSHIP TO LOCALLY ADMINISTERED PROJECTS.— 

‘‘(1) IN GENERAL.—A State with an approved program under 

this section, at the request of a local government, may exercise 

authority under that program on behalf of up to 25 local governments for locally administered projects. 

‘‘(2) SCOPE.—For up to 25 local governments selected by 

a State with an approved program under this section, the 

State shall be responsible for ensuring that any environmental 

review, consultation, or other action required under the 

National Environmental Policy Act of 1969 (42 U.S.C. 4321 

et seq.) or the State program, or both, meets the requirements 

of such Act or program. 

‘‘(i) REVIEW AND TERMINATION.— ‘‘(1) IN GENERAL.—A State program approved under this 

section shall at all times be in accordance with the requirements 

of this section. 

‘‘(2) REVIEW.—The Secretary shall review each State program approved under this section not less than once every 

5 years. 


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‘‘(3) PUBLIC NOTICE AND COMMENT.—In conducting the 

review process under paragraph (2), the Secretary shall provide 

notice and an opportunity for public comment. 

‘‘(4) WITHDRAWAL OF APPROVAL.—If the Secretary, in consultation with the Chair, determines at any time that a State 

is not administering a State program approved under this 

section in accordance with the requirements of this section, 

the Secretary shall so notify the State, and if appropriate 

corrective action is not taken within a reasonable time, not 

to exceed 90 days, the Secretary shall withdraw approval of 

the State program. 

‘‘(5) EXTENSIONS AND TERMINATIONS.—At the conclusion of 

the review process under paragraph (2), the Secretary may 

extend for an additional 5-year period or terminate the 

authority of a State under this section to substitute the laws 

and regulations of the State for the National Environmental 

Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

‘‘(j) REPORT TO CONGRESS.—Not later than 2 years after the 

date of enactment of this section, and annually thereafter, the 

Secretary shall submit to the Committee on Transportation and 

Infrastructure of the House of Representatives and the Committee 

on Environment and Public Works of the Senate a report that 

describes the administration of the program, including— 

‘‘(1) the number of States participating in the program; 

‘‘(2) the number and types of projects for which each State 

participating in the program has used alternative environmental review and approval procedures; 

‘‘(3) a description and assessment of whether implementation of the program has resulted in more efficient review of 

projects; and 

‘‘(4) any recommendations for modifications to the program. 

‘‘(k) SUNSET.—The program shall terminate 12 years after the 

date of enactment of this section. 

‘‘(l) DEFINITIONS.—In this section, the following definitions 

apply: 

‘‘(1) CHAIR.—The term ‘Chair’ means the Chair of the 

Council on Environmental Quality. 

‘‘(2) MULTIMODAL PROJECT.—The term ‘multimodal project’ 

has the meaning given that term in section 139(a). 

‘‘(3) PROGRAM.—The term ‘program’ means the pilot program established under this section. 

‘‘(4) PROJECT.—The term ‘project’ means— 

‘‘(A) a project requiring approval under this title, 

chapter 53 of subtitle III of title 49, or subtitle V of title 

49; and 

‘‘(B) a multimodal project.’’. 

(c) RULEMAKING.— 

(1) IN GENERAL.—Not later than 270 days after the date 

of enactment of this Act, the Secretary, in consultation with 

the Chair of the Council on Environmental Quality, shall 

promulgate regulations to implement the requirements of section 330 of title 23, United States Code, as added by this 

section. 

(2) DETERMINATION OF STRINGENCY.—As part of the rulemaking required under this subsection, the Chair shall— 

(A) establish the criteria necessary to determine that 

a State law or regulation is at least as stringent as a 

23 USC 330 note. 


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Federal requirement described in section 330(a)(3) of title 

23, United States Code; and 

(B) ensure that the criteria, at a minimum— 

(i) provide for protection of the environment; 

(ii) provide opportunity for public participation and 

comment, including access to the documentation necessary to review the potential impact of a project; 

and 

(iii) ensure a consistent review of projects that 

would otherwise have been covered under the National 

Environmental Policy Act of 1969 (42 U.S.C. 4321 et 

seq.). 

(d) CLERICAL AMENDMENT.—The analysis for chapter 3 of title 

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

following: 

‘‘330. Program for eliminating duplication of environmental reviews.’’. 

SEC. 1310. APPLICATION OF CATEGORICAL EXCLUSIONS FOR 

MULTIMODAL PROJECTS. 

Section 304 of title 49, United States Code, is amended— 

(1) in subsection (a)— 

(A) in paragraph (1)— 

(i) by striking ‘‘operating authority that’’ and 

inserting ‘‘operating administration or secretarial office 

that has expertise but’’; and 

(ii) by inserting ‘‘proposed multimodal’’ after ‘‘with 

respect to a’’; and 

(B) by striking paragraph (2) and inserting the following: 

‘‘(2) LEAD AUTHORITY.—The term ‘lead authority’ means 

a Department of Transportation operating administration or 

secretarial office that has the lead responsibility for compliance 

with the National Environmental Policy Act of 1969 (42 U.S.C. 

4321 et seq.) with respect to a proposed multimodal project.’’; 

(2) in subsection (b) by inserting ‘‘or title 23’’ after ‘‘under 

this title’’; 

(3) by striking subsection (c) and inserting the following: 

‘‘(c) APPLICATION OF CATEGORICAL EXCLUSIONS FOR

MULTIMODAL PROJECTS.—In considering the environmental impacts 

of a proposed multimodal project, a lead authority may apply categorical exclusions designated under the National Environmental 

Policy Act of 1969 (42 U.S.C. 4321 et seq.) in implementing regulations or procedures of a cooperating authority for a proposed 

multimodal project, subject to the conditions that— 

‘‘(1) the lead authority makes a determination, with the 

concurrence of the cooperating authority— 

‘‘(A) on the applicability of a categorical exclusion to 

a proposed multimodal project; and 

‘‘(B) that the project satisfies the conditions for a categorical exclusion under the National Environmental Policy 

Act of 1969 (42 U.S.C. 4321 et seq.) and this section; 

‘‘(2) the lead authority follows the implementing regulations 

of the cooperating authority or procedures under that Act; 

and 

‘‘(3) the lead authority determines that— 

23 USC 

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‘‘(A) the proposed multimodal project does not individually or cumulatively have a significant impact on the 

environment; and 

‘‘(B) extraordinary circumstances do not exist that 

merit additional analysis and documentation in an environmental impact statement or environmental assessment 

required under that Act.’’; and 

(4) by striking subsection (d) and inserting the following: 

‘‘(d) COOPERATING AUTHORITY EXPERTISE.—A cooperating 

authority shall provide expertise to the lead authority on aspects 

of the multimodal project in which the cooperating authority has 

expertise.’’. 

SEC. 1311. ACCELERATED DECISIONMAKING IN ENVIRONMENTAL 

REVIEWS. 

(a) IN GENERAL.—Title 49, United States Code, is amended 

by inserting after section 304 the following: 

‘‘§ 304a. Accelerated decisionmaking in environmental 

reviews 

‘‘(a) IN GENERAL.—In preparing a final environmental impact 

statement under the National Environmental Policy Act of 1969 

(42 U.S.C. 4321 et seq.), if the lead agency modifies the statement 

in response to comments that are minor and are confined to factual 

corrections or explanations of why the comments do not warrant 

additional agency response, the lead agency may write on errata 

sheets attached to the statement, instead of rewriting the draft 

statement, subject to the condition that the errata sheets— 

‘‘(1) cite the sources, authorities, and reasons that support 

the position of the agency; and 

‘‘(2) if appropriate, indicate the circumstances that would 

trigger agency reappraisal or further response. 

‘‘(b) SINGLE DOCUMENT.—To the maximum extent practicable, 

the lead agency shall expeditiously develop a single document that 

consists of a final environmental impact statement and a record 

of decision, unless— 

‘‘(1) the final environmental impact statement makes 

substantial changes to the proposed action that are relevant 

to environmental or safety concerns; or 

‘‘(2) there is a significant new circumstance or information 

relevant to environmental concerns that bears on the proposed 

action or the impacts of the proposed action. 

‘‘(c) ADOPTION AND INCORPORATION BY REFERENCE OF DOCUMENTS.— 

‘‘(1) AVOIDING DUPLICATION.—To prevent duplication of 

analyses and support expeditious and efficient decisions, the 

operating administrations of the Department of Transportation 

shall use adoption and incorporation by reference in accordance 

with this subsection. 

‘‘(2) ADOPTION OF DOCUMENTS OF OTHER OPERATING

ADMINISTRATIONS.—An operating administration or a secretarial office within the Department of Transportation may adopt 

a draft environmental impact statement, an environmental 

assessment, or a final environmental impact statement of 

another operating administration for the use of the adopting 

operating administration when preparing an environmental 

assessment or final environmental impact statement for a 

49 USC 304a. 


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project without recirculating the document for public review, 

if— 

‘‘(A) the adopting operating administration certifies 

that the proposed action is substantially the same as the 

project considered in the document to be adopted; 

‘‘(B) the other operating administration concurs with 

such decision; and 

‘‘(C) such actions are consistent with the requirements 

of the National Environmental Policy Act of 1969 (42 U.S.C. 

4321 et seq.). 

‘‘(3) INCORPORATION BY REFERENCE.—An operating administration or secretarial office within the Department of Transportation may incorporate by reference all or portions of a draft 

environmental impact statement, an environmental assessment, 

or a final environmental impact statement for the use of the 

adopting operating administration when preparing an environmental assessment or final environmental impact statement 

for a project if— 

‘‘(A) the incorporated material is cited in the environmental assessment or final environmental impact statement and the contents of the incorporated material are 

briefly described; 

‘‘(B) the incorporated material is reasonably available 

for inspection by potentially interested persons within the 

time allowed for review and comment; and 

‘‘(C) the incorporated material does not include proprietary data that is not available for review and comment.’’. 

(b) CONFORMING AMENDMENT.—The analysis for chapter 3 of 

title 49, United States Code, is amended by inserting after the 

item relating to section 304 the following: 

‘‘304a. Accelerated decisionmaking in environmental reviews.’’. 

SEC. 1312. IMPROVING STATE AND FEDERAL AGENCY ENGAGEMENT 

IN ENVIRONMENTAL REVIEWS. 

(a) IN GENERAL.—Title 49, United States Code, is amended 

by inserting after section 306 the following: 

‘‘§ 307. Improving State and Federal agency engagement in 

environmental reviews 

‘‘(a) IN GENERAL.— 

‘‘(1) REQUESTS TO PROVIDE FUNDS.—A public entity 

receiving financial assistance from the Department of Transportation for 1 or more projects, or for a program of projects, 

for a public purpose may request that the Secretary allow 

the public entity to provide funds to Federal agencies, including 

the Department, State agencies, and Indian tribes participating 

in the environmental planning and review process for the 

project, projects, or program. 

‘‘(2) USE OF FUNDS.—The funds may be provided only to 

support activities that directly and meaningfully contribute 

to expediting and improving permitting and review processes, 

including planning, approval, and consultation processes for 

the project, projects, or program. 

‘‘(b) ACTIVITIES ELIGIBLE FOR FUNDING.—Activities for which 

funds may be provided under subsection (a) include transportation 

planning activities that precede the initiation of the environmental 

review process, activities directly related to the environmental 

49 USC 307 note. 

49 USC 

prec. 301. 


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review process, dedicated staffing, training of agency personnel, 

information gathering and mapping, and development of programmatic agreements. 

‘‘(c) AMOUNTS.—A request under subsection (a) may be approved 

only for the additional amounts that the Secretary determines 

are necessary for the Federal agencies, State agencies, or Indian 

tribes participating in the environmental review process to timely 

conduct the review. 

‘‘(d) AGREEMENTS.—Prior to providing funds approved by the 

Secretary for dedicated staffing at an affected Federal agency under 

subsection (a), the affected Federal agency and the requesting public 

entity shall enter into an agreement that establishes a process 

to identify projects or priorities to be addressed by the use of 

the funds. 

‘‘(e) GUIDANCE.— ‘‘(1) IN GENERAL.—Not later than 180 days after the date 

of enactment of this section, the Secretary shall issue guidance 

to implement this section. 

‘‘(2) FACTORS.—As part of the guidance issued under paragraph (1), the Secretary shall ensure— 

‘‘(A) to the maximum extent practicable, that expediting and improving the process of environmental review 

and permitting through the use of funds accepted and 

expended under this section does not adversely affect the 

timeline for review and permitting by Federal agencies, 

State agencies, or Indian tribes of other entities that have 

not contributed funds under this section; 

‘‘(B) that the use of funds accepted under this section 

will not impact impartial decisionmaking with respect to 

environmental reviews or permits, either substantively or 

procedurally; and 

‘‘(C) that the Secretary maintains, and makes publicly 

available, including on the Internet, a list of projects or 

programs for which such review or permits have been 

carried out using funds authorized under this section. 

‘‘(f) EXISTING AUTHORITY.—Nothing in this section may be construed to conflict with section 139(j) of title 23.’’. 

(b) CONFORMING AMENDMENT.—The analysis for chapter 3 of 

title 49, United States Code, is amended by inserting after the 

item relating to section 306 the following: 

‘‘307. Improving State and Federal agency engagement in environmental reviews.’’. 

SEC. 1313. ALIGNING FEDERAL ENVIRONMENTAL REVIEWS. 

(a) IN GENERAL.—Title 49, United States Code, is amended 

by inserting after section 309 the following: 

‘‘§ 310. Aligning Federal environmental reviews 

‘‘(a) COORDINATED AND CONCURRENT ENVIRONMENTAL

REVIEWS.—Not later than 1 year after the date of enactment of 

this section, the Department of Transportation, in coordination 

with the heads of Federal agencies likely to have substantive review 

or approval responsibilities under Federal law, shall develop a 

coordinated and concurrent environmental review and permitting 

process for transportation projects when initiating an environmental 

impact statement under the National Environmental Policy Act 

of 1969 (42 U.S.C. 4321 et seq.) (in this section referred to as 

‘NEPA’). 

49 USC 310. 

49 USC 

prec. 301. 


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‘‘(b) CONTENTS.—The coordinated and concurrent environmental 

review and permitting process developed under subsection (a) 

shall— 

‘‘(1) ensure that the Department of Transportation and 

agencies of jurisdiction possess sufficient information early in 

the review process to determine a statement of a transportation 

project’s purpose and need and range of alternatives for analysis 

that the lead agency and agencies of jurisdiction will rely 

on for concurrent environmental reviews and permitting 

decisions required for the proposed project; 

‘‘(2) achieve early concurrence or issue resolution during 

the NEPA scoping process on the Department of Transportation’s statement of a project’s purpose and need, and during 

development of the environmental impact statement on the 

range of alternatives for analysis, that the lead agency and 

agencies of jurisdiction will rely on for concurrent environmental reviews and permitting decisions required for the proposed project absent circumstances that require reconsideration 

in order to meet an agency of jurisdiction’s obligations under 

a statute or Executive order; and 

‘‘(3) achieve concurrence or issue resolution in an expedited 

manner if circumstances arise that require a reconsideration 

of the purpose and need or range of alternatives considered 

during any Federal agency’s environmental or permitting 

review in order to meet an agency of jurisdiction’s obligations 

under a statute or Executive order. 

‘‘(c) ENVIRONMENTAL CHECKLIST.— 

‘‘(1) IN GENERAL.—Not later than 90 days after the date 

of enactment of this section, the Secretary of Transportation 

and Federal agencies of jurisdiction likely to have substantive 

review or approval responsibilities on transportation projects 

shall jointly develop a checklist to help project sponsors identify 

potential natural, cultural, and historic resources in the area 

of a proposed project. 

‘‘(2) PURPOSE.—The purpose of the checklist shall be to— 

‘‘(A) identify agencies of jurisdiction and cooperating 

agencies; 

‘‘(B) develop the information needed for the purpose 

and need and alternatives for analysis; and 

‘‘(C) improve interagency collaboration to help expedite 

the permitting process for the lead agency and agencies 

of jurisdiction. 

‘‘(d) INTERAGENCY COLLABORATION.— 

‘‘(1) IN GENERAL.—Consistent with Federal environmental 

statutes, the Secretary of Transportation shall facilitate annual 

interagency collaboration sessions at the appropriate jurisdictional level to coordinate business plans and facilitate coordination of workload planning and workforce management. 

‘‘(2) PURPOSE OF COLLABORATION SESSIONS.—The interagency collaboration sessions shall ensure that agency staff 

is— 

‘‘(A) fully engaged; 

‘‘(B) utilizing the flexibility of existing regulations, policies, and guidance; and 

‘‘(C) identifying additional actions to facilitate high 

quality, efficient, and targeted environmental reviews and 

permitting decisions. 


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129 STAT. 1402 PUBLIC LAW 114–94—DEC. 4, 2015 

‘‘(3) FOCUS OF COLLABORATION SESSIONS.—The interagency 

collaboration sessions, and the interagency collaborations generated by the sessions, shall focus on methods to— 

‘‘(A) work with State and local transportation entities 

to improve project planning, siting, and application quality; 

and 

‘‘(B) consult and coordinate with relevant stakeholders 

and Federal, tribal, State, and local representatives early 

in permitting processes. 

‘‘(4) CONSULTATION.—The interagency collaboration sessions shall include a consultation with groups or individuals 

representing State, tribal, and local governments that are 

engaged in the infrastructure permitting process. 

‘‘(e) PERFORMANCE MEASUREMENT.—Not later than 1 year after 

the date of enactment of this section, the Secretary of Transportation, in coordination with relevant Federal agencies, shall establish a program to measure and report on progress toward aligning 

Federal reviews and reducing permitting and project delivery time 

as outlined in this section. 

‘‘(f) REPORTS.— ‘‘(1) REPORT TO CONGRESS.—Not later than 2 years after 

the date of enactment of this section and biennially thereafter, 

the Secretary of Transportation shall submit to the Committee 

on Commerce, Science, and Transportation of the Senate and 

the Committee on Transportation and Infrastructure of the 

House of Representatives a report that describes— 

‘‘(A) progress in aligning Federal environmental 

reviews under this section; and 

‘‘(B) the impact this section has had on accelerating 

the environmental review and permitting process. 

‘‘(2) INSPECTOR GENERAL REPORT.—Not later than 3 years 

after the date of enactment of this section, the Inspector General of the Department of Transportation shall submit to the 

Committee on Commerce, Science, and Transportation of the 

Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes— 

‘‘(A) progress in aligning Federal environmental 

reviews under this section; and 

‘‘(B) the impact this section has had on accelerating 

the environmental review and permitting process. 

‘‘(g) SAVINGS PROVISION.—This section shall not apply to any 

project subject to section 139 of title 23.’’. 

(b) CONFORMING AMENDMENT.—The analysis for chapter 3 of 

title 49, United States Code, is amended by inserting after the 

item relating to section 309 the following: 

‘‘310. Aligning Federal environmental reviews.’’. 

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

(a) ADJUSTMENT FOR INFLATION.—Section 1317 of MAP–21 (23 

U.S.C. 109 note; Public Law 112–141) is amended— 

(1) in paragraph (1)(A) by inserting ‘‘(as adjusted annually 

by the Secretary to reflect any increases in the Consumer 

Price Index prepared by the Department of Labor)’’ after 

‘‘$5,000,000’’; and 

(2) in paragraph (1)(B) by inserting ‘‘(as adjusted annually 

by the Secretary to reflect any increases in the Consumer 

49 USC 

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Price Index prepared by the Department of Labor)’’ after 

‘‘$30,000,000’’. 

(b) RETROACTIVE APPLICATION.—The first adjustment made 

pursuant to the amendments made by subsection (a) shall— 

(1) be carried out not later than 60 days after the date 

of enactment of this Act; and 

(2) reflect the increase in the Consumer Price Index since 

July 1, 2012. 

SEC. 1315. PROGRAMMATIC AGREEMENT TEMPLATE. 

(a) IN GENERAL.—Section 1318 of MAP–21 (23 U.S.C. 109 note; 

Public Law 112–141) is amended by adding at the end the following: 

‘‘(e) PROGRAMMATIC AGREEMENT TEMPLATE.— ‘‘(1) IN GENERAL.—The Secretary shall develop a template 

programmatic agreement described in subsection (d) that provides for efficient and adequate procedures for evaluating Federal actions described in section 771.117(c) of title 23, Code 

of Federal Regulations (as in effect on the date of enactment 

of this subsection). 

‘‘(2) USE OF TEMPLATE.—The Secretary— 

‘‘(A) on receipt of a request from a State, shall use 

the template programmatic agreement developed under 

paragraph (1) in carrying out this section; and 

‘‘(B) on consent of the applicable State, may modify 

the template as necessary to address the unique needs 

and characteristics of the State. 

‘‘(3) OUTCOME MEASUREMENTS.—The Secretary shall establish a method to verify that actions described in section 

771.117(c) of title 23, Code of Federal Regulations (as in effect 

on the date of enactment of this subsection), are evaluated 

and documented in a consistent manner by the State that 

uses the template programmatic agreement under this subsection.’’. 

(b) CATEGORICAL EXCLUSION DETERMINATIONS.—Not later than 

30 days after the date of enactment of this Act, the Secretary 

shall revise section 771.117(g) of title 23, Code of Federal Regulations, to allow a programmatic agreement under this section to 

include responsibility for making categorical exclusion determinations— 

(1) for actions described in subsections (c) and (d) of section 

771.117 of title 23, Code of Federal Regulations; and 

(2) that meet the criteria for a categorical exclusion under 

section 1508.4 of title 40, Code of Federal Regulations (as 

in effect on the date of enactment of this Act), and are identified 

in the programmatic agreement. 

SEC. 1316. ASSUMPTION OF AUTHORITIES. 

(a) IN GENERAL.—The Secretary shall use the authority under 

section 106(c) of title 23, United States Code, to the maximum 

extent practicable, to allow a State to assume the responsibilities 

of the Secretary for project design, plans, specifications, estimates, 

contract awards, and inspection of projects, on both a project-specific 

and programmatic basis. 

(b) SUBMISSION OF RECOMMENDATIONS.—Not later than 18 

months after the date of enactment of this Act, the Secretary, 

in cooperation with the States, shall submit to the Committee 

on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of 

23 USC 106 note. 

23 USC 109 note. 

23 USC 109 note. 


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129 STAT. 1404 PUBLIC LAW 114–94—DEC. 4, 2015 

the Senate recommendations for legislation to permit the assumption of additional authorities by States, including with respect to 

real estate acquisition and project design. 

SEC. 1317. MODERNIZATION OF THE ENVIRONMENTAL REVIEW 

PROCESS. 

(a) IN GENERAL.—Not later than 180 days after the date of 

enactment of this Act, the Secretary shall examine ways to modernize, simplify, and improve the implementation of the National 

Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) by the 

Department. 

(b) INCLUSIONS.—In carrying out subsection (a), the Secretary 

shall consider— 

(1) the use of technology in the process, such as— 

(A) searchable databases; 

(B) geographic information system mapping tools; 

(C) integration of those tools with fiscal management 

systems to provide more detailed data; and 

(D) other innovative technologies; 

(2) ways to prioritize use of programmatic environmental 

impact statements; 

(3) methods to encourage cooperating agencies to present 

analyses in a concise format; and 

(4) any other improvements that can be made to modernize 

process implementation. 

(c) REPORT.—Not later than 1 year after the date of enactment 

of this Act, the Secretary shall submit to the Committee on 

Transportation and Infrastructure of the House of Representatives 

and the Committee on Environment and Public Works of the Senate 

a report describing the results of the review carried out under 

subsection (a). 

SEC. 1318. ASSESSMENT OF PROGRESS ON ACCELERATING PROJECT 

DELIVERY. 

(a) IN GENERAL.—Not later than 2 years after the date of 

enactment of this Act, the Comptroller General of the United States 

shall assess the progress made under this Act, MAP–21 (Public 

Law 112–141), and SAFETEA–LU (Public Law 109–59), including 

the amendments made by those Acts, to accelerate the delivery 

of Federal-aid highway and highway safety construction projects 

and public transportation capital projects by streamlining the 

environmental review and permitting process. 

(b) CONTENTS.—The assessment required under subsection (a) 

shall evaluate— 

(1) how often the various streamlining provisions have 

been used; 

(2) which of the streamlining provisions have had the 

greatest impact on streamlining the environmental review and 

permitting process; 

(3) what, if any, impact streamlining of the process has 

had on environmental protection; 

(4) how, and the extent to which, streamlining provisions 

have improved and accelerated the process for permitting under 

the Federal Water Pollution Control Act (33 U.S.C. 1251 et 

seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 

et seq.), and other applicable Federal laws; 

(5) what impact actions by the Council on Environmental 

Quality have had on accelerating Federal-aid highway and 


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highway safety construction projects and public transportation 

capital projects; 

(6) the number and percentage of projects that proceed 

under a traditional environmental assessment or environmental 

impact statement, and the number and percentage of projects 

that proceed under categorical exclusions; 

(7) the extent to which the environmental review and 

permitting process remains a significant source of project delay 

and the sources of delays; and 

(8) the costs of conducting environmental reviews and 

issuing permits or licenses for a project, including the cost 

of contractors and dedicated agency staff. 

(c) RECOMMENDATIONS.—The assessment required under subsection (a) shall include recommendations with respect to— 

(1) additional opportunities for streamlining the environmental review process, including regulatory or statutory 

changes to accelerate the processes of Federal agencies (other 

than the Department) with responsibility for reviewing Federalaid highway and highway safety construction projects and 

public transportation capital projects without negatively 

impacting the environment; and 

(2) best practices of other Federal agencies that should 

be considered for adoption by the Department. 

(d) REPORT TO CONGRESS.—The Comptroller General of the 

United States shall submit to the Committee on Transportation 

and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report 

containing the assessment and recommendations required under 

this section. 

Subtitle D—Miscellaneous 

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

TRAFFIC ENFORCEMENT. 

(a) PROHIBITION.—Except as provided in subsection (b), for fiscal 

years 2016 through 2020, funds apportioned to a State under section 

104(b)(3) of title 23, United States Code, may not be used to purchase, operate, or maintain an automated traffic enforcement 

system. 

(b) EXCEPTION.—Subsection (a) does not apply to an automated 

traffic enforcement system located in a school zone. 

(c) AUTOMATED TRAFFIC ENFORCEMENT SYSTEM DEFINED.—In 

this section, the term ‘‘automated traffic enforcement system’’ means 

any camera that captures an image of a vehicle for the purposes 

of traffic law enforcement. 

SEC. 1402. HIGHWAY TRUST FUND TRANSPARENCY AND ACCOUNTABILITY. 

(a) IN GENERAL.—Section 104 of title 23, United States Code, 

is amended by striking subsection (g) and inserting the following: 

‘‘(g) HIGHWAY TRUST FUND TRANSPARENCY AND ACCOUNTABILITY REPORTS.— 

‘‘(1) COMPILATION OF DATA.—Not later than 180 days after 

the date of enactment of the FAST Act, the Secretary shall 

compile data in accordance with this subsection on the use 

of Federal-aid highway funds made available under this title. 


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‘‘(2) REQUIREMENTS.—The Secretary shall ensure that the 

reports required under this subsection are made available in 

a user-friendly manner on the public Internet website of the 

Department of Transportation and can be searched and 

downloaded by users of the website. 

‘‘(3) CONTENTS OF REPORTS.— ‘‘(A) APPORTIONED AND ALLOCATED PROGRAMS.—On a 

semiannual basis, the Secretary shall make available a 

report on funding apportioned and allocated to the States 

under this title that describes— 

‘‘(i) the amount of funding obligated by each State, 

year-to-date, for the current fiscal year; 

‘‘(ii) the amount of funds remaining available for 

obligation by each State; 

‘‘(iii) changes in the obligated, unexpended balance 

for each State, year-to-date, during the current fiscal 

year, including the obligated, unexpended balance at 

the end of the preceding fiscal year and current fiscal 

year expenditures; 

‘‘(iv) the amount and program category of unobligated funding, year-to-date, available for expenditure 

at the discretion of the Secretary; 

‘‘(v) the rates of obligation on and off the National 

Highway System, year-to-date, for the current fiscal 

year of funds apportioned, allocated, or set aside under 

this section, according to— 

‘‘(I) program; 

‘‘(II) funding category or subcategory; 

‘‘(III) type of improvement; 

‘‘(IV) State; and 

‘‘(V) sub-State geographical area, including 

urbanized and rural areas, on the basis of the 

population of each such area; and 

‘‘(vi) the amount of funds transferred by each State, 

year-to-date, for the current fiscal year between programs under section 126. 

‘‘(B) PROJECT DATA.—On an annual basis, the Secretary 

shall make available a report that provides, for any project 

funded under this title (excluding projects for which funds 

are transferred to agencies other than the Federal Highway 

Administration) with an estimated total cost as of the 

start of construction greater than $25,000,000, and to the 

maximum extent practicable, other projects funded under 

this title, project data describing— 

‘‘(i) the specific location of the project; 

‘‘(ii) the total cost of the project; 

‘‘(iii) the amount of Federal funding obligated for 

the project; 

‘‘(iv) the program or programs from which Federal 

funds have been obligated for the project; 

‘‘(v) the type of improvement being made, such 

as categorizing the project as— 

‘‘(I) a road reconstruction project; 

‘‘(II) a new road construction project; 

‘‘(III) a new bridge construction project; 

‘‘(IV) a bridge rehabilitation project; or 

‘‘(V) a bridge replacement project; 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1407 

‘‘(vi) the ownership of the highway or bridge; 

‘‘(vii) whether the project is located in an area 

of the State with a population of— 

‘‘(I) less than 5,000 individuals; 

‘‘(II) 5,000 or more individuals but less than 

50,000 individuals; 

‘‘(III) 50,000 or more individuals but less than 

200,000 individuals; or 

‘‘(IV) 200,000 or more individuals; and 

‘‘(viii) available information on the estimated cost 

of the project as of the start of project construction, 

or the revised cost estimate based on a description 

of revisions to the scope of work or other factors 

affecting project cost other than cost overruns.’’. 

(b) CONFORMING AMENDMENT.—Section 1503 of MAP–21 (23 

U.S.C. 104 note; Public Law 112–141) is amended by striking subsection (c). 

SEC. 1403. ADDITIONAL DEPOSITS INTO HIGHWAY TRUST FUND. 

(a) IN GENERAL.—Chapter 1 of title 23, United States Code, 

is amended by inserting after section 104 the following: 

‘‘§ 105. Additional deposits into Highway Trust Fund 

‘‘(a) IN GENERAL.—If monies are deposited into the Highway 

Account or Mass Transit Account pursuant to a law enacted subsequent to the date of enactment of the FAST Act, the Secretary 

shall make available additional amounts of contract authority under 

subsections (b) and (c). 

‘‘(b) AMOUNT OF ADJUSTMENT.—If monies are deposited into 

the Highway Account or the Mass Transit Account as described 

in subsection (a), on October 1 of the fiscal year following the 

deposit of such monies, the Secretary shall— 

‘‘(1) make available for programs authorized from such 

account for such fiscal year a total amount equal to— 

‘‘(A) the amount otherwise authorized to be appropriated for such programs for such fiscal year; plus 

‘‘(B) an amount equal to such monies deposited into 

such account during the previous fiscal year as described 

in subsection (a); and 

‘‘(2) distribute the additional amount under paragraph 

(1)(B) to each of such programs in accordance with subsection 

(c). 

‘‘(c) DISTRIBUTION OF ADJUSTMENT AMONG PROGRAMS.— 

‘‘(1) IN GENERAL.—In making an adjustment for programs 

authorized to be appropriated from the Highway Account or 

the Mass Transit Account for a fiscal year under subsection 

(b), the Secretary shall— 

‘‘(A) determine the ratio that— 

‘‘(i) the amount authorized to be appropriated for 

a program from the account for the fiscal year; bears 

to 

‘‘(ii) the total amount authorized to be appropriated 

for such fiscal year for all programs under such 

account; 

‘‘(B) multiply the ratio determined under subparagraph 

(A) by the amount of the adjustment determined under 

subsection (b)(1)(B); and 

23 USC 105. 


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129 STAT. 1408 PUBLIC LAW 114–94—DEC. 4, 2015 

‘‘(C) adjust the amount that the Secretary would otherwise have allocated for the program for such fiscal year 

by the amount calculated under subparagraph (B). 

‘‘(2) FORMULA PROGRAMS.—For a program for which funds 

are distributed by formula, the Secretary shall add the adjustment to the amount authorized for the program but for this 

section and make available the adjusted program amount for 

such program in accordance with such formula. 

‘‘(3) AVAILABILITY FOR OBLIGATION.—Adjusted amounts 

under this subsection shall be available for obligation and 

administered in the same manner as other amounts made 

available for the program for which the amount is adjusted. 

‘‘(d) EXCLUSION OF EMERGENCY RELIEF PROGRAM AND COVERED

ADMINISTRATIVE EXPENSES.—The Secretary shall exclude the emergency relief program under section 125 and covered administrative 

expenses from an adjustment of funding under subsection (c)(1). 

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated from the appropriate account or accounts of 

the Highway Trust Fund an amount equal to the amount of an 

adjustment for a fiscal year under subsection (b) for any of fiscal 

years 2017 through 2020. 

‘‘(f) REVISION TO OBLIGATION LIMITATIONS.— 

‘‘(1) IN GENERAL.—If the Secretary makes an adjustment 

under subsection (b) for a fiscal year to an amount subject 

to a limitation on obligations imposed by section 1102 or 3018 

of the FAST Act— 

‘‘(A) such limitation on obligations for such fiscal year 

shall be revised by an amount equal to such adjustment; 

and 

‘‘(B) the Secretary shall distribute such limitation on 

obligations, as revised under subparagraph (A), in accordance with such sections. 

‘‘(2) EXCLUSION OF COVERED ADMINISTRATIVE EXPENSES.— 

The Secretary shall exclude covered administrative expenses 

from— 

‘‘(A) any calculation relating to a revision of a limitation 

on obligations under paragraph (1)(A); and 

‘‘(B) any distribution of a revised limitation on obligations under paragraph (1)(B). 

‘‘(g) DEFINITIONS.—In this section, the following definitions 

apply: 

‘‘(1) COVERED ADMINISTRATIVE EXPENSES.—The term ‘covered administrative expenses’ means the administrative 

expenses of— 

‘‘(A) the Federal Highway Administration, as authorized under section 104(a); 

‘‘(B) the National Highway Traffic Safety Administration, as authorized under section 4001(a)(6) of the FAST 

Act; and 

‘‘(C) the Federal Motor Carrier Safety Administration, 

as authorized under section 31110 of title 49. 

‘‘(2) HIGHWAY ACCOUNT.—The term ‘Highway Account’ 

means the portion of the Highway Trust Fund that is not 

the Mass Transit Account. 

‘‘(3) MASS TRANSIT ACCOUNT.—The term ‘Mass Transit 

Account’ means the Mass Transit Account of the Highway 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1409 

Trust Fund established under section 9503(e)(1) of the Internal 

Revenue Code of 1986.’’. 

(b) CLERICAL AMENDMENT.—The analysis for such chapter is 

amended by inserting after the item relating to section 104 the 

following: 

‘‘105. Additional deposits into Highway Trust Fund.’’. 

SEC. 1404. DESIGN STANDARDS. 

(a) IN GENERAL.—Section 109 of title 23, United States Code, 

is amended— 

(1) in subsection (c)— 

(A) in paragraph (1)— 

(i) in the matter preceding subparagraph (A) by 

striking ‘‘may take into account’’ and inserting ‘‘shall 

consider’’; 

(ii) in subparagraph (B) by striking ‘‘and’’ at the 

end; 

(iii) by redesignating subparagraph (C) as subparagraph (D); and 

(iv) by inserting after subparagraph (B) the following: 

‘‘(C) cost savings by utilizing flexibility that exists in 

current design guidance and regulations; and’’; and 

(B) in paragraph (2)— 

(i) in subparagraph (C) by striking ‘‘and’’ at the 

end; 

(ii) by redesignating subparagraph (D) as subparagraph (F); and 

(iii) by inserting after subparagraph (C) the following: 

‘‘(D) the publication entitled ‘Highway Safety Manual’ 

of the American Association of State Highway and 

Transportation Officials; 

‘‘(E) the publication entitled ‘Urban Street Design 

Guide’ of the National Association of City Transportation 

Officials; and’’; and 

(2) in subsection (f) by inserting ‘‘pedestrian walkways,’’ 

after ‘‘bikeways,’’. 

(b) DESIGN STANDARD FLEXIBILITY.—Notwithstanding section 

109(o) of title 23, United States Code, a State may allow a local 

jurisdiction to use a roadway design publication that is different 

from the roadway design publication used by the State in which 

the local jurisdiction is located for the design of a project on a 

roadway under the ownership of the local jurisdiction (other than 

a highway on the Interstate System) if— 

(1) the local jurisdiction is a direct recipient of Federal 

funds for the project; 

(2) the roadway design publication— 

(A) is recognized by the Federal Highway Administration; and 

(B) is adopted by the local jurisdiction; and 

(3) the design complies with all other applicable Federal 

laws. 

23 USC 109 note. 

23 USC 

prec. 101. 


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129 STAT. 1410 PUBLIC LAW 114–94—DEC. 4, 2015 

SEC. 1405. JUSTIFICATION REPORTS FOR ACCESS POINTS ON THE 

INTERSTATE SYSTEM. 

Section 111(e) of title 23, United States Code, is amended 

by inserting ‘‘(including new or modified freeway-to-crossroad interchanges inside a transportation management area)’’ after ‘‘the Interstate System’’. 

SEC. 1406. PERFORMANCE PERIOD ADJUSTMENT. 

(a) NATIONAL HIGHWAY PERFORMANCE PROGRAM.—Section 119 

of title 23, United States Code, is amended— 

(1) in subsection (e)(7), by striking ‘‘for 2 consecutive reports 

submitted under this paragraph shall include in the next report 

submitted’’ and inserting ‘‘shall include as part of the performance target report under section 150(e)’’; and 

(2) in subsection (f)(1)(A) in the matter preceding clause 

(i) by striking ‘‘If, during 2 consecutive reporting periods, the 

condition of the Interstate System, excluding bridges on the 

Interstate System, in a State falls’’ and inserting ‘‘If a State 

reports that the condition of the Interstate System, excluding 

bridges on the Interstate System, has fallen’’. 

(b) HIGHWAY SAFETY IMPROVEMENT PROGRAM.—Section 148(i) 

of title 23, United States Code, is amended— 

(1) in the matter preceding paragraph (1), by striking 

‘‘performance targets of the State established under section 

150(d) by the date that is 2 years after the date of the establishment of the performance targets’’ and inserting ‘‘safety performance targets of the State established under section 150(d)’’; 

and 

(2) in paragraphs (1) and (2), by inserting ‘‘safety’’ before 

‘‘performance targets’’ each place it appears. 

SEC. 1407. VEHICLE-TO-INFRASTRUCTURE EQUIPMENT. 

(a) NATIONAL HIGHWAY PERFORMANCE PROGRAM.—Section 

119(d)(2)(L) of title 23, United States Code, is amended by inserting 

‘‘, including the installation of vehicle-to-infrastructure communication equipment’’ after ‘‘capital improvements’’. 

(b) SURFACE TRANSPORTATION BLOCK GRANT PROGRAM.—Section 133(b)(1)(D) of title 23, United States Code, is amended by 

inserting ‘‘, including the installation of vehicle-to-infrastructure 

communication equipment’’ after ‘‘capital improvements’’. 

SEC. 1408. FEDERAL SHARE PAYABLE. 

(a) INNOVATIVE PROJECT DELIVERY METHODS.—Section 120(c)(3) 

of title 23, United States Code, is amended— 

(1) in subparagraph (A)(ii)— 

(A) by inserting ‘‘engineering or design approaches,’’ 

after ‘‘technologies,’’; and 

(B) by inserting ‘‘or project delivery’’ after ‘‘or contracting’’; 

(2) in subparagraph (B)— 

(A) in clause (iii) by inserting ‘‘and alternative bidding’’ 

before the semicolon at the end; 

(B) in clause (iv) by striking ‘‘or’’ at the end; 

(C) by redesignating clause (v) as clause (vi); and 

(D) by inserting after clause (iv) the following: 

‘‘(v) innovative pavement materials that have a 

demonstrated life cycle of 75 or more years, are manufactured with reduced greenhouse gas emissions, and 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1411 

reduce construction-related congestion by rapidly 

curing; or’’; and 

(b) EMERGENCY RELIEF.—Section 120(e)(2) of title 23, United 

States Code, is amended by striking ‘‘Federal land access transportation facilities’’ and inserting ‘‘other Federally owned roads that 

are open to public travel’’. 

SEC. 1409. MILK PRODUCTS. 

Section 127(a) of title 23, United States Code, is amended 

by adding at the end the following: 

‘‘(13) MILK PRODUCTS.—A vehicle carrying fluid milk products shall be considered a load that cannot be easily dismantled 

or divided.’’. 

SEC. 1410. INTERSTATE WEIGHT LIMITS. 

Section 127 of title 23, United States Code, is amended by 

adding at the end the following: 

‘‘(m) COVERED HEAVY-DUTY TOW AND RECOVERY VEHICLES.— ‘‘(1) IN GENERAL.—The vehicle weight limitations set forth 

in this section do not apply to a covered heavy-duty tow and 

recovery vehicle. 

‘‘(2) COVERED HEAVY-DUTY TOW AND RECOVERY VEHICLE

DEFINED.—In this subsection, the term ‘covered heavy-duty tow 

and recovery vehicle’ means a vehicle that— 

‘‘(A) is transporting a disabled vehicle from the place 

where the vehicle became disabled to the nearest appropriate repair facility; and 

‘‘(B) has a gross vehicle weight that is equal to or 

exceeds the gross vehicle weight of the disabled vehicle 

being transported. 

‘‘(n) OPERATION OF VEHICLES ON CERTAIN HIGHWAYS IN THE

STATE OF TEXAS.—If any segment in the State of Texas of United 

States Route 59, United States Route 77, United States Route 

281, United States Route 84, Texas State Highway 44, or another 

roadway is designated as Interstate Route 69, a vehicle that could 

operate legally on that segment before the date of the designation 

may continue to operate on that segment, without regard to any 

requirement under this section. 

‘‘(o) CERTAIN LOGGING VEHICLES IN THE STATE OF WISCONSIN.— ‘‘(1) IN GENERAL.—The Secretary shall waive, with respect 

to a covered logging vehicle, the application of any vehicle 

weight limit established under this section. 

‘‘(2) COVERED LOGGING VEHICLE DEFINED.—In this subsection, the term ‘covered logging vehicle’ means a vehicle 

that— 

‘‘(A) is transporting raw or unfinished forest products, 

including logs, pulpwood, biomass, or wood chips; 

‘‘(B) has a gross vehicle weight of not more than 98,000 

pounds; 

‘‘(C) has not less than 6 axles; and 

‘‘(D) is operating on a segment of Interstate Route 

39 in the State of Wisconsin from mile marker 175.8 to 

mile marker 189. 

‘‘(p) OPERATION OF CERTAIN SPECIALIZED VEHICLES ON CERTAIN

HIGHWAYS IN THE STATE OF ARKANSAS.—If any segment of United 

States Route 63 between the exits for highways 14 and 75 in 

the State of Arkansas is designated as part of the Interstate System, 

the single axle weight, tandem axle weight, gross vehicle weight, 


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129 STAT. 1412 PUBLIC LAW 114–94—DEC. 4, 2015 

and bridge formula limits under subsection (a) and the width limitation under section 31113(a) of title 49 shall not apply to that 

segment with respect to the operation of any vehicle that could 

operate legally on that segment before the date of the designation. 

‘‘(q) CERTAIN LOGGING VEHICLES IN THE STATE OF MIN- NESOTA.— 

‘‘(1) IN GENERAL.—The Secretary shall waive, with respect 

to a covered logging vehicle, the application of any vehicle 

weight limit established under this section. 

‘‘(2) COVERED LOGGING VEHICLE DEFINED.—In this subsection, the term ‘covered logging vehicle’ means a vehicle 

that— 

‘‘(A) is transporting raw or unfinished forest products, 

including logs, pulpwood, biomass, or wood chips; 

‘‘(B) has a gross vehicle weight of not more than 99,000 

pounds; 

‘‘(C) has not less than 6 axles; and 

‘‘(D) is operating on a segment of Interstate Route 

35 in the State of Minnesota from mile marker 235.4 to 

mile marker 259.552. 

‘‘(r) EMERGENCY VEHICLES.— 

‘‘(1) IN GENERAL.—Notwithstanding subsection (a), a State 

shall not enforce against an emergency vehicle a vehicle weight 

limit (up to a maximum gross vehicle weight of 86,000 pounds) 

of less than— 

‘‘(A) 24,000 pounds on a single steering axle; 

‘‘(B) 33,500 pounds on a single drive axle; 

‘‘(C) 62,000 pounds on a tandem axle; or 

‘‘(D) 52,000 pounds on a tandem rear drive steer axle. 

‘‘(2) EMERGENCY VEHICLE DEFINED.—In this subsection, the 

term ‘emergency vehicle’ means a vehicle designed to be used 

under emergency conditions— 

‘‘(A) to transport personnel and equipment; and 

‘‘(B) to support the suppression of fires and mitigation 

of other hazardous situations. 

‘‘(s) NATURAL GAS VEHICLES.—A vehicle, if operated by an 

engine fueled primarily by natural gas, may exceed any vehicle 

weight limit (up to a maximum gross vehicle weight of 82,000 

pounds) under this section by an amount that is equal to the 

difference between— 

‘‘(1) the weight of the vehicle attributable to the natural 

gas tank and fueling system carried by that vehicle; and 

‘‘(2) the weight of a comparable diesel tank and fueling 

system.’’. 

SEC. 1411. TOLLING; HOV FACILITIES; INTERSTATE RECONSTRUCTION 

AND REHABILITATION. 

(a) TOLLING.—Section 129(a) of title 23, United States Code, 

is amended— 

(1) in paragraph (3)(A), in the matter preceding clause 

(i)— 

(A) by striking ‘‘shall use’’ and inserting ‘‘shall ensure 

that’’; and 

(B) by inserting ‘‘are used’’ before ‘‘only for’’; 

(2) by striking paragraph (4) and redesignating paragraphs 

(5) through (9) as paragraphs (4) through (8), respectively; 

and 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1413 

(3) in subparagraph (B) of paragraph (4) (as so redesignated) by striking ‘‘Federal-aid system’’ and inserting ‘‘Federalaid highways’’; 

(4) by inserting after paragraph (8) (as so redesignated)— 

‘‘(9) EQUAL ACCESS FOR OVER-THE-ROAD BUSES.—An overthe-road bus that serves the public shall be provided access 

to a toll facility under the same rates, terms, and conditions 

as public transportation buses.’’; and 

(5) in paragraph (10)— 

(A) by redesignating subparagraphs (C) and (D) as 

subparagraphs (D) and (E), respectively; and 

(B) by inserting after subparagraph (B) the following: 

‘‘(C) OVER-THE-ROAD BUS.—The term ‘over-the-road bus’ 

has the meaning given the term in section 301 of the 

Americans with Disabilities Act of 1990 (42 U.S.C. 12181).’’. 

(b) HOV FACILITIES.—Section 166 of title 23, United States 

Code, is amended— 

(1) by striking ‘‘the agency’’ each place it appears and 

inserting ‘‘the authority’’; 

(2) in subsection (a)(1)— 

(A) by striking the paragraph heading and inserting 

‘‘AUTHORITY OF PUBLIC AUTHORITIES’’; and 

(B) by striking ‘‘State agency’’ and inserting ‘‘public 

authority’’; 

(3) in subsection (b)— 

(A) by striking ‘‘State agency’’ each place it appears 

and inserting ‘‘public authority’’; 

(B) in paragraph (3)— 

(i) in subparagraph (A) by striking ‘‘and’’ at the 

end; 

(ii) in subparagraph (B) by striking the period 

at the end and inserting ‘‘; and’’; and 

(iii) by adding at the end the following: 

‘‘(C) provides equal access under the same rates, terms, 

and conditions for all public transportation vehicles and 

over-the-road buses serving the public.’’; 

(C) in paragraph (4)(C)— 

(i) in clause (i) by striking ‘‘and’’ at the end; 

(ii) in clause (ii) by striking the period at the 

end and inserting ‘‘; and’’; and 

(iii) by adding at the end the following: 

‘‘(iii) ensure that over-the-road buses serving the 

public are provided access to the facility under the 

same rates, terms, and conditions as public transportation buses.’’; and 

(D) in paragraph (5)— 

(i) by striking subparagraph (A) and inserting the 

following: 

‘‘(A) SPECIAL RULE.—Before September 30, 2025, if a 

public authority establishes procedures for enforcing the 

restrictions on the use of a HOV facility by vehicles 

described in clauses (i) and (ii), the public authority may 

allow the use of the HOV facility by— 

‘‘(i) alternative fuel vehicles; and 

‘‘(ii) any motor vehicle described in section 

30D(d)(1) of the Internal Revenue Code of 1986.’’; and 


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129 STAT. 1414 PUBLIC LAW 114–94—DEC. 4, 2015 

(ii) in subparagraph (B) by striking ‘‘2017’’ and 

inserting ‘‘2019’’; 

(4) in subsection (c)— 

(A) by striking paragraph (1) and inserting the following: 

‘‘(1) IN GENERAL.—Notwithstanding section 301, tolls may 

be charged under paragraphs (4) and (5) of subsection (b), 

subject to the requirements of section 129.’’; and 

(B) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); 

(5) in subsection (d)— 

(A) by striking ‘‘State agency’’ each place it appears 

and inserting ‘‘public authority’’; 

(B) in paragraph (1)— 

(i) by striking subparagraphs (D) and (E); and 

(ii) by inserting after subparagraph (C) the following: 

‘‘(D) MAINTENANCE OF OPERATING PERFORMANCE.— 

‘‘(i) SUBMISSION OF PLAN.—Not later than 180 days 

after the date on which a facility is degraded under 

paragraph (2), the public authority with jurisdiction 

over the facility shall submit to the Secretary for 

approval a plan that details the actions the public 

authority will take to make significant progress toward 

bringing the facility into compliance with the minimum 

average operating speed performance standard through 

changes to the operation of the facility, including— 

‘‘(I) increasing the occupancy requirement for 

HOV lanes; 

‘‘(II) varying the toll charged to vehicles 

allowed under subsection (b) to reduce demand; 

‘‘(III) discontinuing allowing non-HOV vehicles 

to use HOV lanes under subsection (b); or 

‘‘(IV) increasing the available capacity of the 

HOV facility. 

‘‘(ii) NOTICE OF APPROVAL OR DISAPPROVAL.—Not 

later than 60 days after the date of receipt of a plan 

under clause (i), the Secretary shall provide to the 

public authority a written notice indicating whether 

the Secretary has approved or disapproved the plan 

based on a determination of whether the implementation of the plan will make significant progress toward 

bringing the HOV facility into compliance with the 

minimum average operating speed performance 

standard. 

‘‘(iii) ANNUAL PROGRESS UPDATES.—Until the date 

on which the Secretary determines that the public 

authority has brought the HOV facility into compliance 

with this subsection, the public authority shall submit 

annual updates that describe— 

‘‘(I) the actions taken to bring the HOV facility 

into compliance; and 

‘‘(II) the progress made by those actions. 

‘‘(E) COMPLIANCE.—If the public authority fails to bring 

a facility into compliance under subparagraph (D), the Secretary shall subject the public authority to appropriate 

program sanctions under section 1.36 of title 23, Code 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1415 

of Federal Regulations (or successor regulations), until the 

performance is no longer degraded. 

‘‘(F) WAIVER.— 

‘‘(i) IN GENERAL.—Upon the request of a public 

authority, the Secretary may waive the compliance 

requirements of subparagraph (E), if the Secretary 

determines that— 

‘‘(I) the waiver is in the best interest of the 

traveling public; 

‘‘(II) the public authority is meeting the conditions under subparagraph (D); and 

‘‘(III) the public authority has made a good 

faith effort to improve the performance of the 

facility. 

‘‘(ii) CONDITION.—The Secretary may require, as 

a condition of providing a waiver under this subparagraph, that a public authority take additional actions, 

as determined by the Secretary, to maximize the operating speed performance of the facility, even if such 

performance is below the level set under paragraph 

(2).’’; 

(6) in subsection (f)— 

(A) in paragraph (1), in the matter preceding subparagraph (A), by inserting ‘‘solely’’ before ‘‘operating’’; 

(B) in paragraph (4)(B)(iii) by striking ‘‘State agency’’ 

and inserting ‘‘public authority’’; 

(C) by striking paragraph (5); 

(D) by redesignating paragraph (4) as paragraph (6); 

and 

(E) by inserting after paragraph (3) the following: 

‘‘(4) OVER-THE-ROAD BUS.—The term ‘over-the-road bus’ has 

the meaning given the term in section 301 of the Americans 

with Disabilities Act of 1990 (42 U.S.C. 12181). 

‘‘(5) PUBLIC AUTHORITY.—The term ‘public authority’ as 

used with respect to a HOV facility, means a State, interstate 

compact of States, public entity designated by a State, or local 

government having jurisdiction over the operation of the 

facility.’’; and 

(7) by adding at the end the following: 

‘‘(g) CONSULTATION OF MPO.—If a HOV facility charging tolls 

under paragraph (4) or (5) of subsection (b) is on the Interstate 

System and located in a metropolitan planning area established 

in accordance with section 134, the public authority shall consult 

with the metropolitan planning organization for the area concerning 

the placement and amount of tolls on the facility.’’. 

(c) INTERSTATE SYSTEM RECONSTRUCTION AND REHABILITATION

PILOT PROGRAM.—Section 1216(b) of the Transportation Equity Act 

for the 21st Century (Public Law 105–178) is amended— 

(1) in paragraph (4)— 

(A) in subparagraph (D) by striking ‘‘and’’ at the end; 

(B) in subparagraph (E) by striking the period and 

inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(F) the State has the authority required for the project 

to proceed.’’; 

(2) by redesignating paragraphs (6) through (8) as paragraphs (8) through (10), respectively; and 

23 USC 129 note. 


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129 STAT. 1416 PUBLIC LAW 114–94—DEC. 4, 2015 

(3) by inserting after paragraph (5) the following: 

‘‘(6) REQUIREMENTS FOR PROJECT COMPLETION.— 

‘‘(A) GENERAL TERM FOR EXPIRATION OF PROVISIONAL

APPLICATION.—An application provisionally approved by the 

Secretary under this subsection shall expire 3 years after 

the date on which the application was provisionally 

approved if the State has not— 

‘‘(i) submitted a complete application to the Secretary that fully satisfies the eligibility criteria under 

paragraph (3) and the selection criteria under paragraph (4); 

‘‘(ii) completed the environmental review and 

permitting process under the National Environmental 

Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the 

pilot project; and 

‘‘(iii) executed a toll agreement with the Secretary. 

‘‘(B) EXCEPTIONS TO EXPIRATION.—Notwithstanding 

subparagraph (A), the Secretary may extend the provisional 

approval for not more than 1 additional year if the State 

demonstrates material progress toward implementation of 

the project as evidenced by— 

‘‘(i) substantial progress in completing the environmental review and permitting process for the pilot 

project under the National Environmental Policy Act 

of 1969 (42 U.S.C. 4321 et seq.); 

‘‘(ii) funding and financing commitments for the 

pilot project; 

‘‘(iii) expressions of support for the pilot project 

from State and local governments, community 

interests, and the public; and 

‘‘(iv) submission of a facility management plan 

pursuant to paragraph (3)(D). 

‘‘(C) CONDITIONS FOR PREVIOUSLY PROVISIONALLY

APPROVED APPLICATIONS.—A State with a provisionally 

approved application for a pilot project as of the date of 

enactment of the FAST Act shall have 1 year after that 

date of enactment to meet the requirements of subparagraph (A) or receive an extension from the Secretary under 

subparagraph (B), or the application will expire. 

‘‘(7) DEFINITION.—In this subsection, the term ‘provisional 

approval’ or ‘provisionally approved’ means the approval by 

the Secretary of a partial application under this subsection, 

including the reservation of a slot in the pilot program.’’. 

(d) APPROVAL OF APPLICATIONS.—The Secretary may approve 

an application submitted under section 1604(c) of SAFETEA–LU 

(Public Law 109–59; 119 Stat. 1253) if the application, or any 

part of the application, was submitted before the deadline specified 

in section 1604(c)(8) of that Act. 

SEC. 1412. PROJECTS FOR PUBLIC SAFETY RELATING TO IDLING 

TRAINS. 

Section 130(a) of title 23, United States Code, is amended 

by striking ‘‘and the relocation of highways to eliminate grade 

crossings’’ and inserting ‘‘the relocation of highways to eliminate 

grade crossings, and projects at grade crossings to eliminate hazards 

posed by blocked grade crossings due to idling trains’’. 

23 USC 129 note. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1417 

SEC. 1413. NATIONAL ELECTRIC VEHICLE CHARGING AND HYDROGEN, 

PROPANE, AND NATURAL GAS FUELING CORRIDORS. 

(a) IN GENERAL.—Chapter 1 of title 23, United States Code, 

is amended by inserting after section 150 the following: 

‘‘§ 151. National electric vehicle charging and hydrogen, propane, and natural gas fueling corridors 

‘‘(a) IN GENERAL.—Not later than 1 year after the date of 

enactment of the FAST Act, the Secretary shall designate national 

electric vehicle charging and hydrogen, propane, and natural gas 

fueling corridors that identify the near- and long-term need for, 

and location of, electric vehicle charging infrastructure, hydrogen 

fueling infrastructure, propane fueling infrastructure, and natural 

gas fueling infrastructure at strategic locations along major national 

highways to improve the mobility of passenger and commercial 

vehicles that employ electric, hydrogen fuel cell, propane, and natural gas fueling technologies across the United States. 

‘‘(b) DESIGNATION OF CORRIDORS.—In designating the corridors 

under subsection (a), the Secretary shall— 

‘‘(1) solicit nominations from State and local officials for 

facilities to be included in the corridors; 

‘‘(2) incorporate existing electric vehicle charging, hydrogen 

fueling, propane fueling, and natural gas fueling corridors designated by a State or group of States; and 

‘‘(3) consider the demand for, and location of, existing electric vehicle charging stations, hydrogen fueling stations, propane fueling stations, and natural gas fueling infrastructure. 

‘‘(c) STAKEHOLDERS.—In designating corridors under subsection 

(a), the Secretary shall involve, on a voluntary basis, stakeholders 

that include— 

‘‘(1) the heads of other Federal agencies; 

‘‘(2) State and local officials; 

‘‘(3) representatives of— 

‘‘(A) energy utilities; 

‘‘(B) the electric, fuel cell electric, propane, and natural 

gas vehicle industries; 

‘‘(C) the freight and shipping industry; 

‘‘(D) clean technology firms; 

‘‘(E) the hospitality industry; 

‘‘(F) the restaurant industry; 

‘‘(G) highway rest stop vendors; and 

‘‘(H) industrial gas and hydrogen manufacturers; and 

‘‘(4) such other stakeholders as the Secretary determines 

to be necessary. 

‘‘(d) REDESIGNATION.—Not later than 5 years after the date 

of establishment of the corridors under subsection (a), and every 

5 years thereafter, the Secretary shall update and redesignate 

the corridors. 

‘‘(e) REPORT.—During designation and redesignation of the corridors under this section, the Secretary shall issue a report that— 

‘‘(1) identifies electric vehicle charging infrastructure, 

hydrogen fueling infrastructure, propane fueling infrastructure, 

and natural gas fueling infrastructure and standardization 

needs for electricity providers, industrial gas providers, natural 

gas providers, infrastructure providers, vehicle manufacturers, 

electricity purchasers, and natural gas purchasers; and 

23 USC 151. 


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129 STAT. 1418 PUBLIC LAW 114–94—DEC. 4, 2015 

‘‘(2) establishes an aspirational goal of achieving strategic 

deployment of electric vehicle charging infrastructure, hydrogen 

fueling infrastructure, propane fueling infrastructure, and natural gas fueling infrastructure in those corridors by the end 

of fiscal year 2020.’’. 

(b) CONFORMING AMENDMENT.—The analysis for chapter 1 of 

title 23, United States Code, is amended by inserting after the 

item relating to section 150 the following: 

‘‘151. National electric vehicle charging and hydrogen, propane, and natural gas 

fueling corridors.’’. 

(c) OPERATION OF BATTERY RECHARGING STATIONS IN PARKING

AREAS USED BY FEDERAL EMPLOYEES.— (1) AUTHORIZATION.— (A) IN GENERAL.—The Administrator of General Services may install, construct, operate, and maintain on a 

reimbursable basis a battery recharging station (or allow, 

on a reimbursable basis, the use of a 120-volt electrical 

receptacle for battery recharging) in a parking area that 

is in the custody, control, or administrative jurisdiction 

of the General Services Administration for the use of only 

privately owned vehicles of employees of the General Services Administration, tenant Federal agencies, and others 

who are authorized to park in such area to the extent 

such use by only privately owned vehicles does not interfere 

with or impede access to the equipment by Federal fleet 

vehicles. 

(B) AREAS UNDER OTHER FEDERAL AGENCIES.—The 

Administrator of General Services (on the request of a 

Federal agency) or the head of a Federal agency may 

install, construct, operate, and maintain on a reimbursable 

basis a battery recharging station (or allow, on a reimbursable basis, the use of a 120-volt electrical receptacle for 

battery recharging) in a parking area that is in the custody, 

control, or administrative jurisdiction of the requesting 

Federal agency, to the extent such use by only privately 

owned vehicles does not interfere with or impede access 

to the equipment by Federal fleet vehicles. 

(C) USE OF VENDORS.—The Administrator of General 

Services, with respect to subparagraph (A) or (B), or the 

head of a Federal agency, with respect to subparagraph 

(B), may carry out such subparagraph through a contract 

with a vendor, under such terms and conditions (including 

terms relating to the allocation between the Federal agency 

and the vendor of the costs of carrying out the contract) 

as the Administrator or the head of the Federal agency, 

as the case may be, and the vendor may agree to. 

(2) IMPOSITION OF FEES TO COVER COSTS.— 

(A) FEES.—The Administrator of General Services or 

the head of the Federal agency under paragraph (1)(B) 

shall charge fees to the individuals who use the battery 

recharging station in such amount as is necessary to ensure 

that the respective agency recovers all of the costs such 

agency incurs in installing, constructing, operating, and 

maintaining the station. 

(B) DEPOSIT AND AVAILABILITY OF FEES.—Any fees collected by the Administrator of General Services or the 

42 USC 6364. 

23 USC 

prec. 101. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1419 

Federal agency, as the case may be, under this paragraph 

shall be— 

(i) deposited monthly in the Treasury to the credit 

of the respective agency’s appropriations account for 

the operations of the building where the battery recharging station is located; and 

(ii) available for obligation without further appropriation during— 

(I) the fiscal year collected; and 

(II) the fiscal year following the fiscal year 

collected. 

(3) NO EFFECT ON EXISTING PROGRAMS FOR HOUSE AND

SENATE.—Nothing in this subsection affects the installation, 

construction, operation, or maintenance of battery recharging 

stations by the Architect of the Capitol— 

(A) under Public Law 112–170 (2 U.S.C. 2171), relating 

to employees of the House of Representatives and individuals authorized to park in any parking area under the 

jurisdiction of the House of Representatives on the Capitol 

Grounds; or 

(B) under Public Law 112–167 (2 U.S.C. 2170), relating 

to employees of the Senate and individuals authorized to 

park in any parking area under the jurisdiction of the 

Senate on the Capitol Grounds. 

(4) NO EFFECT ON SIMILAR AUTHORITIES.—Nothing in this 

subsection— 

(A) repeals or limits any existing authorities of a Federal agency to install, construct, operate, or maintain battery recharging stations; or 

(B) requires a Federal agency to seek reimbursement 

for the costs of installing or constructing a battery recharging station— 

(i) that has been installed or constructed prior 

to the date of enactment of this Act; 

(ii) that is installed or constructed for Federal 

fleet vehicles, but that receives incidental use to 

recharge privately owned vehicles; or 

(iii) that is otherwise installed or constructed 

pursuant to appropriations for that purpose. 

(5) ANNUAL REPORT TO CONGRESS.—Not later than 2 years 

after the date of enactment of this Act, and annually thereafter 

for 10 years, the Administrator of General Services shall submit 

to the Committee on Transportation and Infrastructure of the 

House of Representatives and the Committee on Environment 

and Public Works of the Senate a report describing— 

(A) the number of battery recharging stations installed 

by the Administrator on the Administrator’s own initiative 

under this subsection; 

(B) requests from other Federal agencies to install 

battery recharging stations; and 

(C) the status and disposition of requests from other 

Federal agencies. 

(6) FEDERAL AGENCY DEFINED.—In this subsection, the term 

‘‘Federal agency’’ has the meaning given the term ‘‘Executive 

agency’’ in section 105 of title 5, United States Code, and 

includes— 

(A) the United States Postal Service; 


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129 STAT. 1420 PUBLIC LAW 114–94—DEC. 4, 2015 

(B) the Executive Office of the President; 

(C) the military departments (as defined in section 

102 of title 5, United States Code); and 

(D) the judicial branch. 

(7) EFFECTIVE DATE.—This subsection shall apply with 

respect to fiscal year 2016 and each succeeding fiscal year. 

SEC. 1414. REPEAT OFFENDER CRITERIA. 

Section 164(a) of title 23, United States Code, is amended— 

(1) by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively; 

(2) by inserting before paragraph (2), as redesignated, the 

following: 

‘‘(1) 24-7 SOBRIETY PROGRAM.—The term ‘24-7 sobriety program’ has the meaning given the term in section 405(d)(7)(A).’’; 

(3) in paragraph (5), as redesignated— 

(A) in the matter preceding subparagraph (A), by 

inserting ‘‘or combination of laws or programs’’ after ‘‘State 

law’’; 

(B) by amending subparagraph (A) to read as follows: 

‘‘(A) receive, for a period of not less than 1 year— 

‘‘(i) a suspension of all driving privileges; 

‘‘(ii) a restriction on driving privileges that limits 

the individual to operating only motor vehicles with 

an ignition interlock device installed, unless a special 

exception applies; 

‘‘(iii) a restriction on driving privileges that limits 

the individual to operating motor vehicles only if 

participating in, and complying with, a 24-7 sobriety 

program; or 

‘‘(iv) any combination of clauses (i) through (iii);’’; 

(C) by striking subparagraph (B); 

(D) by redesignating subparagraphs (C) and (D) as 

subparagraphs (B) and (C), respectively; and 

(E) in subparagraph (C), as redesignated— 

(i) in clause (i)(II) by inserting before the semicolon 

the following: ‘‘(unless the State certifies that the general practice is that such an individual will be incarcerated)’’; and 

(ii) in clause (ii)(II) by inserting before the period 

at the end the following: ‘‘(unless the State certifies 

that the general practice is that such an individual 

will receive 10 days of incarceration)’’; and 

(4) by adding at the end the following: 

‘‘(6) SPECIAL EXCEPTION.—The term ‘special exception’ 

means an exception under a State alcohol-ignition interlock 

law for the following circumstances: 

‘‘(A) The individual is required to operate an employer’s 

motor vehicle in the course and scope of employment and 

the business entity that owns the vehicle is not owned 

or controlled by the individual. 

‘‘(B) The individual is certified by a medical doctor 

as being unable to provide a deep lung breath sample 

for analysis by an ignition interlock device.’’. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1421 

SEC. 1415. ADMINISTRATIVE PROVISIONS TO ENCOURAGE POLLINATOR HABITAT AND FORAGE ON TRANSPORTATION 

RIGHTS-OF-WAY. 

(a) IN GENERAL.—Section 319 of title 23, United States Code, 

is amended— 

(1) in subsection (a) by inserting ‘‘(including the enhancement of habitat and forage for pollinators)’’ before ‘‘adjacent’’; 

and 

(2) by adding at the end the following: 

‘‘(c) ENCOURAGEMENT OF POLLINATOR HABITAT AND FORAGE

DEVELOPMENT AND PROTECTION ON TRANSPORTATION RIGHTS-OFWAY.—In carrying out any program administered by the Secretary 

under this title, the Secretary shall, in conjunction with willing 

States, as appropriate— 

‘‘(1) encourage integrated vegetation management practices 

on roadsides and other transportation rights-of-way, including 

reduced mowing; and 

‘‘(2) encourage the development of habitat and forage for 

Monarch butterflies, other native pollinators, and honey bees 

through plantings of native forbs and grasses, including 

noninvasive, native milkweed species that can serve as migratory way stations for butterflies and facilitate migrations of 

other pollinators.’’. 

(b) PROVISION OF HABITAT, FORAGE, AND MIGRATORY WAY STATIONS FOR MONARCH BUTTERFLIES, OTHER NATIVE POLLINATORS, 

AND HONEY BEES.—Section 329(a)(1) of title 23, United States 

Code, is amended by inserting ‘‘provision of habitat, forage, and 

migratory way stations for Monarch butterflies, other native pollinators, and honey bees,’’ before ‘‘and aesthetic enhancement’’. 

SEC. 1416. HIGH PRIORITY CORRIDORS ON NATIONAL HIGHWAY 

SYSTEM. 

(a) IDENTIFICATION OF HIGH PRIORITY CORRIDORS ON NATIONAL

HIGHWAY SYSTEM.—Section 1105(c) of the Intermodal Surface 

Transportation Efficiency Act of 1991 (105 Stat. 2032; 112 Stat. 

190; 119 Stat. 1213) is amended— 

(1) by striking paragraph (13) and inserting the following: 

‘‘(13) Raleigh-Norfolk Corridor from Raleigh, North Carolina, through Rocky Mount, Williamston, and Elizabeth City, 

North Carolina, to Norfolk, Virginia.’’; 

(2) in paragraph (18)(D)— 

(A) in clause (ii) by striking ‘‘and’’ at the end; 

(B) in clause (iii) by striking the period at the end 

and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(iv) include Texas State Highway 44 from United 

States Route 59 at Freer, Texas, to Texas State Highway 358.’’; 

(3) by striking paragraph (68) and inserting the following: 

‘‘(68) The Washoe County Corridor and the Intermountain 

West Corridor, which shall generally follow— 

‘‘(A) for the Washoe County Corridor, along Interstate 

Route 580/United States Route 95/United States Route 95A 

from Reno, Nevada, to Las Vegas, Nevada; and 

‘‘(B) for the Intermountain West Corridor, from the 

vicinity of Las Vegas, Nevada, north along United States 

Route 95 terminating at Interstate Route 80.’’; and 


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129 STAT. 1422 PUBLIC LAW 114–94—DEC. 4, 2015 

(4) by adding at the end the following: 

‘‘(81) United States Route 117/Interstate Route 795 from 

United States Route 70 in Goldsboro, Wayne County, North 

Carolina, to Interstate Route 40 west of Faison, Sampson 

County, North Carolina. 

‘‘(82) United States Route 70 from its intersection with 

Interstate Route 40 in Garner, Wake County, North Carolina, 

to the Port at Morehead City, Carteret County, North Carolina. 

‘‘(83) The Sonoran Corridor along State Route 410 connecting Interstate Route 19 and Interstate Route 10 south 

of the Tucson International Airport. 

‘‘(84) The Central Texas Corridor commencing at the logical 

terminus of Interstate Route 10, generally following portions 

of United States Route 190 eastward, passing in the vicinity 

Fort Hood, Killeen, Belton, Temple, Bryan, College Station, 

Huntsville, Livingston, and Woodville, to the logical terminus 

of Texas Highway 63 at the Sabine River Bridge at Burrs 

Crossing. 

‘‘(85) Interstate Route 81 in New York from its intersection 

with Interstate Route 86 to the United States-Canadian border. 

‘‘(86) Interstate Route 70 from Denver, Colorado, to Salt 

Lake City, Utah. 

‘‘(87) The Oregon 99W Newberg-Dundee Bypass Route 

between Newberg, Oregon, and Dayton, Oregon. 

‘‘(88) Interstate Route 205 in Oregon from its intersection 

with Interstate Route 5 to the Columbia River.’’. 

(b) INCLUSION OF CERTAIN ROUTE SEGMENTS ON INTERSTATE

SYSTEM.—Section 1105(e)(5)(A) of the Intermodal Surface Transportation Efficiency Act of 1991 (109 Stat. 597; 118 Stat. 293; 119 

Stat. 1213) is amended in the first sentence— 

(1) by inserting ‘‘subsection (c)(13),’’ after ‘‘subsection 

(c)(9),’’; 

(2) by striking ‘‘subsections (c)(18)’’ and all that follows 

through ‘‘subsection (c)(36)’’ and inserting ‘‘subsection (c)(18), 

subsection (c)(20), subparagraphs (A) and (B)(i) of subsection 

(c)(26), subsection (c)(36)’’; and 

(3) by striking ‘‘and subsection (c)(57)’’ and inserting ‘‘subsection (c)(57), subsection (c)(68)(B), subsection (c)(81), subsection (c)(82), and subsection (c)(83)’’. 

(c) DESIGNATION.—Section 1105(e)(5)(C)(i) of the Intermodal 

Surface Transportation Efficiency Act of 1991 (109 Stat. 598; 126 

Stat. 427) is amended by striking the final sentence and inserting 

the following: ‘‘The routes referred to in subparagraphs (A) and 

(B)(i) of subsection (c)(26) and in subsection (c)(68)(B) are designated 

as Interstate Route I–11. The route referred to in subsection (c)(84) 

is designated as Interstate Route I–14.’’. 

(d) FUTURE INTERSTATE DESIGNATION.—Section 119(a) of the 

SAFETEA–LU Technical Corrections Act of 2008 (122 Stat. 1608) 

is amended by striking ‘‘and, as a future Interstate Route 66 Spur, 

the Natcher Parkway in Owensboro, Kentucky’’ and inserting 

‘‘between Henderson, Kentucky, and Owensboro, Kentucky, and, 

as a future Interstate Route 65 and 66 Spur, the William H. 

Natcher Parkway between Bowling Green, Kentucky, and 

Owensboro, Kentucky’’. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1423 

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

(a) IN GENERAL.—Section 1409 of SAFETEA–LU (23 U.S.C. 

401 note) is amended— 

(1) by striking the section heading and inserting ‘‘WORK

ZONE AND GUARD RAIL SAFETY TRAINING’’; and 

(2) in subsection (b) by adding at the end the following: 

‘‘(4) Development, updating, and delivery of training 

courses on guard rail installation, maintenance, and inspection.’’. 

(b) CLERICAL AMENDMENT.—The table of contents in section 

1(b) of such Act is amended by striking the item relating to section 

1409 and inserting the following: 

‘‘Sec. 1409. Work zone and guard rail safety training.’’. 

SEC. 1418. CONSOLIDATION OF PROGRAMS. 

Section 1519(a) of MAP–21 (126 Stat. 574) is amended by 

striking ‘‘From administrative funds’’ and all that follows through 

‘‘shall be made available’’ and inserting ‘‘For each of fiscal years 

2016 through 2020, before making an apportionment under section 

104(b)(3) of title 23, United States Code, the Secretary shall set 

aside, from amounts made available to carry out the highway safety 

improvement program under section 148 of such title for the fiscal 

year, $3,500,000’’. 

SEC. 1419. ELIMINATION OR MODIFICATION OF CERTAIN REPORTING 

REQUIREMENTS. 

(a) FUNDAMENTAL PROPERTIES OF ASPHALTS REPORT.—Section 

6016(e) of the Intermodal Surface Transportation Efficiency Act 

of 1991 (105 Stat. 2183) is repealed. 

(b) EXPRESS LANES DEMONSTRATION PROGRAM REPORTS.—Section 1604(b)(7)(B) of SAFETEA–LU (23 U.S.C. 129 note) is repealed. 

SEC. 1420. FLEXIBILITY FOR PROJECTS. 

(a) AUTHORITY.—With respect to projects eligible for funding 

under title 23, United States Code, subject to subsection (b) and 

on request by a State, the Secretary may— 

(1) exercise all existing flexibilities under and exceptions 

to— 

(A) the requirements of title 23, United States Code; 

and 

(B) other requirements administered by the Secretary, 

in whole or part; and 

(2) otherwise provide additional flexibility or expedited 

processing with respect to the requirements described in paragraph (1). 

(b) MAINTAINING PROTECTIONS.—Nothing in this section— 

(1) waives the requirements of section 113 or 138 of title 

23, United States Code; 

(2) supersedes, amends, or modifies— 

(A) the National Environmental Policy Act of 1969 

(42 U.S.C. 4321 et seq.) or any other Federal environmental 

law; or 

(B) any requirement of title 23 or title 49, United 

States Code; or 

(3) affects the responsibility of any Federal officer to comply 

with or enforce any law or requirement described in this subsection. 

23 USC 101 note. 


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129 STAT. 1424 PUBLIC LAW 114–94—DEC. 4, 2015 

SEC. 1421. PRODUCTIVE AND TIMELY EXPENDITURE OF FUNDS. 

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary shall develop guidance that encourages the use of programmatic approaches to project delivery, expedited and prudent procurement techniques, and other best practices 

to facilitate productive, effective, and timely expenditure of funds 

for projects eligible for funding under title 23, United States Code. 

(b) IMPLEMENTATION.—The Secretary shall work with States 

to ensure that any guidance developed under subsection (a) is 

consistently implemented by States and the Federal Highway 

Administration to— 

(1) avoid unnecessary delays in completing projects; 

(2) minimize cost overruns; and 

(3) ensure the effective use of Federal funding. 

SEC. 1422. STUDY ON PERFORMANCE OF BRIDGES. 

(a) IN GENERAL.—Subject to subsection (c), the Administrator 

of the Federal Highway Administration (referred to in this section 

as the ‘‘Administrator’’) shall commission the Transportation 

Research Board of the National Academy of Sciences to conduct 

a study on the performance of bridges that received funding under 

the innovative bridge research and construction program (referred 

to in this section as the ‘‘program’’) under section 503(b) of title 

23, United States Code (as in effect on the day before the date 

of enactment of SAFETEA–LU (Public Law 109–59; 119 Stat. 1144)) 

in meeting the goals of that program, which included— 

(1) the development of new, cost-effective innovative material highway bridge applications; 

(2) the reduction of maintenance costs and lifecycle costs 

of bridges, including the costs of new construction, replacement, 

or rehabilitation of deficient bridges; 

(3) the development of construction techniques to increase 

safety and reduce construction time and traffic congestion; 

(4) the development of engineering design criteria for 

innovative products and materials for use in highway bridges 

and structures; 

(5) the development of cost-effective and innovative techniques to separate vehicle and pedestrian traffic from railroad 

traffic; 

(6) the development of highway bridges and structures 

that will withstand natural disasters, including alternative 

processes for the seismic retrofit of bridges; and 

(7) the development of new nondestructive bridge evaluation technologies and techniques. 

(b) CONTENTS.—The study commissioned under subsection (a) 

shall include— 

(1) an analysis of the performance of bridges that received 

funding under the program in meeting the goals described 

in paragraphs (1) through (7) of subsection (a); 

(2) an analysis of the utility, compared to conventional 

materials and technologies, of each of the innovative materials 

and technologies used in projects for bridges under the program 

in meeting the needs of the United States in 2015 and in 

the future for a sustainable and low lifecycle cost transportation 

system; 

(3) recommendations to Congress on how the installed and 

lifecycle costs of bridges could be reduced through the use 

23 USC 101 note. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1425 

of innovative materials and technologies, including, as appropriate, any changes in the design and construction of bridges 

needed to maximize the cost reductions; and 

(4) a summary of any additional research that may be 

needed to further evaluate innovative approaches to reducing 

the installed and lifecycle costs of highway bridges. 

(c) PUBLIC COMMENT.—Before commissioning the study under 

subsection (a), the Administrator shall provide an opportunity for 

public comment on the study proposal. 

(d) DATA FROM STATES.—Each State that received funds under 

the program shall provide to the Transportation Research Board 

any relevant data needed to carry out the study commissioned 

under subsection (a). 

(e) DEADLINE.—The Administrator shall submit to Congress 

the study commissioned under subsection (a) not later than 3 years 

after the date of enactment of this Act. 

SEC. 1423. RELINQUISHMENT OF PARK-AND-RIDE LOT FACILITIES. 

A State transportation agency may relinquish park-and-ride 

lot facilities or portions of park-and-ride lot facilities to a local 

government agency for highway purposes if authorized to do so 

under State law if the agreement providing for the relinquishment 

provides that— 

(1) rights-of-way on the Interstate System will remain 

available for future highway improvements; and 

(2) modifications to the facilities that could impair the 

highway or interfere with the free and safe flow of traffic 

are subject to the approval of the Secretary. 

SEC. 1424. PILOT PROGRAM. 

(a) IN GENERAL.—The Administrator of the Federal Highway 

Administration (referred to in this section as the ‘‘Administrator’’) 

may establish a pilot program that allows a State to utilize innovative approaches to maintain the right-of-way of Federal-aid highways within the State. 

(b) LIMITATION.—A pilot program established under subsection 

(a) shall— 

(1) terminate after not more than 4 years; 

(2) include not more than 5 States; and 

(3) be subject to guidelines published by the Administrator. 

(c) REPORT.—If the Administrator establishes a pilot program 

under subsection (a), the Administrator shall, not more than 1 

year after the completion of the pilot program, submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works 

of the Senate a report on the results of the pilot program. 

(d) SAVINGS PROVISION.—Nothing in this section may be construed to affect the requirements of section 111 of title 23, United 

States Code. 

SEC. 1425. SERVICE CLUB, CHARITABLE ASSOCIATION, OR RELIGIOUS 

SERVICE SIGNS. 

Notwithstanding section 131 of title 23, United States Code, 

and part 750 of title 23, Code of Federal Regulations (or successor 

regulations), if a State notifies the Federal Highway Administration, 

the State may allow the maintenance of a sign of a service club, 

charitable association, or religious service organization— 

23 USC 131 note. 

23 USC 116 note. 

23 USC 137 note. 


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129 STAT. 1426 PUBLIC LAW 114–94—DEC. 4, 2015 

(1) that exists on the date of enactment of this Act (or 

was removed in the 3-year period ending on such date of 

enactment); and 

(2) the area of which is less than or equal to 32 square 

feet. 

SEC. 1426. MOTORCYCLIST ADVISORY COUNCIL. 

The Secretary, acting through the Administrator of the Federal 

Highway Administration, shall appoint a Motorcyclist Advisory 

Council to coordinate with and advise the Administrator on infrastructure issues of concern to motorcyclists, including— 

(1) barrier design; 

(2) road design, construction, and maintenance practices; 

and 

(3) the architecture and implementation of intelligent 

transportation system technologies. 

SEC. 1427. HIGHWAY WORK ZONES. 

It is the sense of Congress that the Federal Highway Administration should— 

(1) do all within its power to protect workers in highway 

work zones; and 

(2) move rapidly to finalize regulations, as directed in section 1405 of MAP–21 (126 Stat. 560), to protect the lives and 

safety of construction workers in highway work zones from 

vehicle intrusions. 

SEC. 1428. USE OF DURABLE, RESILIENT, AND SUSTAINABLE MATERIALS AND PRACTICES. 

To the extent practicable, the Secretary shall encourage the 

use of durable, resilient, and sustainable materials and practices, 

including the use of geosynthetic materials and other innovative 

technologies, in carrying out the activities of the Federal Highway 

Administration. 

SEC. 1429. IDENTIFICATION OF ROADSIDE HIGHWAY SAFETY HARDWARE DEVICES. 

(a) STUDY.—The Secretary shall conduct a study on methods 

for identifying roadside highway safety hardware devices to improve 

the data collected on the devices, as necessary for in-service evaluation of the devices. 

(b) CONTENTS.—In conducting the study under subsection (a), 

the Secretary shall evaluate identification methods based on the 

ability of the method— 

(1) to convey information on the devices, including manufacturing date, factory of origin, product brand, and model; 

(2) to withstand roadside conditions; and 

(3) to connect to State and regional inventories of similar 

devices. 

(c) IDENTIFICATION METHODS.—The identification methods to 

be studied under this section include stamped serial numbers, radiofrequency identification, and such other methods as the Secretary 

determines appropriate. 

(d) REPORT TO CONGRESS.—Not later than January 1, 2018, 

the Secretary shall submit to Congress a report on the results 

of the study under subsection (a). 

23 USC 101 note. 

23 USC 101 note. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1427 

SEC. 1430. USE OF MODELING AND SIMULATION TECHNOLOGY. 

It is the sense of Congress that the Department should utilize, 

to the fullest and most economically feasible extent practicable, 

modeling and simulation technology to analyze highway and public 

transportation projects authorized by this Act to ensure that these 

projects— 

(1) will increase transportation capacity and safety, 

alleviate congestion, and reduce travel time and environmental 

impacts; and 

(2) are as cost effective as practicable. 

SEC. 1431. NATIONAL ADVISORY COMMITTEE ON TRAVEL AND 

TOURISM INFRASTRUCTURE. 

(a) FINDINGS.—Congress finds that— 

(1) 1 out of every 9 jobs in the United States depends 

on travel and tourism, and the industry supports 15,000,000 

jobs in the United States; 

(2) the travel and tourism industry employs individuals 

in all 50 States, the District of Columbia, and all of the territories of the United States; 

(3) international travel to the United States is the single 

largest export industry in the United States, generating a trade 

surplus balance of approximately $74,000,000,000; 

(4) travel and tourism provide significant economic benefits to the United States by generating nearly $2,100,000,000,000 

in annual economic output; and 

(5) the United States intermodal transportation network 

facilitates the large-scale movement of business and leisure 

travelers, and is the most important asset of the travel industry. 

(b) ESTABLISHMENT.—Not later than 180 days after the date 

of enactment of this Act, the Secretary shall establish an advisory 

committee to be known as the National Advisory Committee on 

Travel and Tourism Infrastructure (referred to in this section as 

the ‘‘Committee’’) to provide information, advice, and recommendations to the Secretary on matters relating to the role of intermodal 

transportation in facilitating mobility related to travel and tourism 

activities. 

(c) MEMBERSHIP.—The Committee shall— 

(1) be composed of members appointed by the Secretary 

for terms of not more than 3 years; and 

(2) include a representative cross-section of public and private sector stakeholders involved in the travel and tourism 

industry, including representatives of— 

(A) the travel and tourism industry, product and 

service providers, and travel and tourism-related associations; 

(B) travel, tourism, and destination marketing 

organizations; 

(C) the travel and tourism-related workforce; 

(D) State tourism offices; 

(E) State departments of transportation; 

(F) regional and metropolitan planning organizations; 

and 

(G) local governments. 

(d) ROLE OF COMMITTEE.—The Committee shall— 

(1) advise the Secretary on current and emerging priorities, 

issues, projects, and funding needs related to the use of the 

49 USC 301 note. 


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129 STAT. 1428 PUBLIC LAW 114–94—DEC. 4, 2015 

intermodal transportation network of the United States to facilitate travel and tourism; 

(2) serve as a forum for discussion for travel and tourism 

stakeholders on transportation issues affecting interstate and 

interregional mobility of passengers; 

(3) promote the sharing of information between the private 

and public sectors on transportation issues impacting travel 

and tourism; 

(4) gather information, develop technical advice, and make 

recommendations to the Secretary on policies that improve 

the condition and performance of an integrated national 

transportation system that— 

(A) is safe, economical, and efficient; and 

(B) maximizes the benefits to the United States generated through the travel and tourism industry; 

(5) identify critical transportation facilities and corridors 

that facilitate and support the interstate and interregional 

transportation of passengers for tourism, commercial, and recreational activities; 

(6) provide for development of measures of condition, safety, 

and performance for transportation related to travel and 

tourism; 

(7) provide for development of transportation investment, 

data, and planning tools to assist Federal, State, and local 

officials in making investment decisions relating to transportation projects that improve travel and tourism; and 

(8) address other issues of transportation policy and programs impacting the movement of travelers for tourism and 

recreational purposes, including by making legislative recommendations. 

(e) NATIONAL TRAVEL AND TOURISM INFRASTRUCTURE STRATEGIC PLAN.—Not later than 3 years after the date of enactment 

of this Act, the Secretary, in consultation with the Committee, 

State departments of transportation, and other appropriate public 

and private transportation stakeholders, shall develop and post 

on the public Internet website of the Department a national travel 

and tourism infrastructure strategic plan that includes— 

(1) an assessment of the condition and performance of 

the national transportation network; 

(2) an identification of the issues on the national transportation network that create significant congestion problems and 

barriers to long-haul passenger travel and tourism; 

(3) forecasts of long-haul passenger travel and tourism 

volumes for the 20-year period beginning in the year during 

which the plan is issued; 

(4) an identification of the major transportation facilities 

and corridors for current and forecasted long-haul travel and 

tourism volumes, the identification of which shall be revised, 

as appropriate, in subsequent plans; 

(5) an assessment of statutory, regulatory, technological, 

institutional, financial, and other barriers to improved longhaul passenger travel performance (including opportunities for 

overcoming the barriers); 

(6) best practices for improving the performance of the 

national transportation network; and 

(7) strategies to improve intermodal connectivity for longhaul passenger travel and tourism. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1429 

SEC. 1432. EMERGENCY EXEMPTIONS. 

(a) IN GENERAL.—Any road, highway, railway, bridge, or transit 

facility that is damaged by an emergency that is declared by the 

Governor of the State, with the concurrence of the Secretary of 

Homeland Security, or declared as an emergency by the President 

pursuant to the Robert T. Stafford Disaster Relief and Emergency 

Assistance Act (42 U.S.C. 5121 et seq.), and that is in operation 

or under construction on the date on which the emergency occurs 

may be reconstructed in the same location with the same capacity, 

dimensions, and design as before the emergency subject to the 

exemptions and expedited procedures under subsection (b). 

(b) EXEMPTIONS AND EXPEDITED PROCEDURES.— 

(1) ALTERNATIVE ARRANGEMENTS.—Alternative arrangements for an emergency under section 1506.11 of title 40, 

Code of Federal Regulations (as in effect on the date of enactment of this Act) shall apply to reconstruction under subsection 

(a), and the reconstruction shall be considered necessary to 

control the immediate impacts of the emergency. 

(2) STORMWATER DISCHARGE PERMITS.—A general permit 

for stormwater discharges from construction activities, if available, issued by the Administrator of the Environmental Protection Agency or the director of a State program under section 

402(p) of the Federal Water Pollution Control Act (33 U.S.C. 

1342(p)), as applicable, shall apply to reconstruction under 

subsection (a), on submission of a notice of intent to be subject 

to the permit. 

(3) EMERGENCY PROCEDURES.—The emergency procedures 

for issuing permits in accordance with section 325.2(e)(4) of 

title 33, Code of Federal Regulations (as in effect on the date 

of enactment of this Act) shall apply to reconstruction under 

subsection (a), and the reconstruction shall be considered an 

emergency under that regulation. 

(4) NATIONAL HISTORIC PRESERVATION ACT EXEMPTION.— 

Reconstruction under subsection (a) is eligible for an exemption 

from the requirements of the National Historic Preservation 

Act of 1966 pursuant to part 78 of title 36, Code of Federal 

Regulations (as in effect on the date of enactment of this 

Act). 

(5) ENDANGERED SPECIES ACT EXEMPTION.—An exemption 

from the requirements of the Endangered Species Act of 1973 

(16 U.S.C. 1531 et seq.) pursuant to section 7(p) of that Act 

(16 U.S.C. 1536(p)) shall apply to reconstruction under subsection (a) and, if the President makes the determination 

required under section 7(p) of that Act, the determinations 

required under subsections (g) and (h) of that section shall 

be deemed to be made. 

(6) EXPEDITED CONSULTATION UNDER ENDANGERED SPECIES

ACT.—Expedited consultation pursuant to section 402.05 of title 

50, Code of Federal Regulations (as in effect on the date of 

enactment of this Act) shall apply to reconstruction under subsection (a). 

(7) OTHER EXEMPTIONS.—Any reconstruction that is exempt 

under paragraph (5) shall also be exempt from requirements 

under— 

(A) the Migratory Bird Treaty Act (16 U.S.C. 703 et 

seq.); 

23 USC 109 note. 


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129 STAT. 1430 PUBLIC LAW 114–94—DEC. 4, 2015 

(B) the Wild and Scenic Rivers Act (16 U.S.C. 1271 

et seq.); and 

(C) the Fish and Wildlife Coordination Act (16 U.S.C. 

661 et seq.). 

SEC. 1433. REPORT ON HIGHWAY TRUST FUND ADMINISTRATIVE 

EXPENDITURES. 

(a) INITIAL REPORT.—Not later than 150 days after the date 

of enactment of this Act, the Comptroller General of the United 

States shall submit to Congress a report describing the administrative expenses of the Federal Highway Administration funded from 

the Highway Trust Fund during the 3 most recent fiscal years. 

(b) UPDATES.—Not later than 5 years after the date on which 

the report is submitted under subsection (a) and every 5 years 

thereafter, the Comptroller General shall submit to Congress a 

report that updates the information provided in the report under 

that subsection for the preceding 5-year period. 

(c) INCLUSIONS.—Each report submitted under subsection (a) 

or (b) shall include a description of— 

(1) the types of administrative expenses of programs and 

offices funded by the Highway Trust Fund; 

(2) the tracking and monitoring of administrative expenses; 

(3) the controls in place to ensure that funding for administrative expenses is used as efficiently as practicable; and 

(4) the flexibility of the Department to reallocate amounts 

from the Highway Trust Fund between full-time equivalent 

employees and other functions. 

SEC. 1434. AVAILABILITY OF REPORTS. 

(a) IN GENERAL.—The Secretary shall make available to the 

public on the website of the Department any report required to 

be submitted by the Secretary to Congress after the date of enactment of this Act. 

(b) DEADLINE.—Each report described in subsection (a) shall 

be made available on the website not later than 30 days after 

the report is submitted to Congress. 

SEC. 1435. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM. 

Section 1528 of MAP–21 (40 U.S.C. 14501 note; Public Law 

112–141) is amended— 

(1) by striking ‘‘2021’’ each place it appears and inserting 

‘‘2050’’; and 

(2) by striking ‘‘shall be 100 percent’’ each place it appears 

and inserting ‘‘shall be up to 100 percent, as determined by 

the State’’. 

SEC. 1436. APPALACHIAN REGIONAL DEVELOPMENT PROGRAM. 

(a) HIGH-SPEED BROADBAND DEVELOPMENT INITIATIVE.— (1) IN GENERAL.—Subchapter I of chapter 145 of subtitle 

IV of title 40, United States Code, is amended by adding 

at the end the following: 

‘‘§ 14509. High-speed broadband deployment initiative 

‘‘(a) IN GENERAL.—The Appalachian Regional Commission may 

provide technical assistance, make grants, enter into contracts, 

or otherwise provide amounts to individuals or entities in the Appalachian region for projects and activities— 

40 USC 14509. 

49 USC 308 note. 

23 USC 101 note. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1431 

‘‘(1) to increase affordable access to broadband networks 

throughout the Appalachian region; 

‘‘(2) to conduct research, analysis, and training to increase 

broadband adoption efforts in the Appalachian region; 

‘‘(3) to provide technology assets, including computers, 

smartboards, and video projectors to educational systems 

throughout the Appalachian region; 

‘‘(4) to increase distance learning opportunities throughout 

the Appalachian region; 

‘‘(5) to increase the use of telehealth technologies in the 

Appalachian region; and 

‘‘(6) to promote e-commerce applications in the Appalachian 

region. 

‘‘(b) LIMITATION ON AVAILABLE AMOUNTS.—Of the cost of any 

activity eligible for a grant under this section— 

‘‘(1) not more than 50 percent may be provided from 

amounts appropriated to carry out this section; and 

‘‘(2) notwithstanding paragraph (1)— 

‘‘(A) in the case of a project to be carried out in a 

county for which a distressed county designation is in 

effect under section 14526, not more than 80 percent may 

be provided from amounts appropriated to carry out this 

section; and 

‘‘(B) in the case of a project to be carried out in a 

county for which an at-risk designation is in effect under 

section 14526, not more than 70 percent may be provided 

from amounts appropriated to carry out this section. 

‘‘(c) SOURCES OF ASSISTANCE.—Subject to subsection (b), a grant 

provided under this section may be provided from amounts made 

available to carry out this section in combination with amounts 

made available— 

‘‘(1) under any other Federal program; or 

‘‘(2) from any other source. 

‘‘(d) FEDERAL SHARE.—Notwithstanding any provision of law 

limiting the Federal share under any other Federal program, 

amounts made available to carry out this section may be used 

to increase that Federal share, as the Appalachian Regional 

Commission determines to be appropriate.’’. 

(2) CONFORMING AMENDMENT.—The analysis for chapter 

145 of title 40, United States Code, is amended by inserting 

after the item relating to section 14508 the following: 

‘‘14509. High-speed broadband deployment initiative.’’. 

(b) AUTHORIZATION OF APPROPRIATIONS.—Section 14703 of title 

40, United States Code, is amended— 

(1) in subsection (a)(5), by striking ‘‘fiscal year 2012’’ and 

inserting ‘‘each of fiscal years 2012 through 2020’’; 

(2) by redesignating subsections (c) and (d) as subsections 

(d) and (e), respectively; and 

(3) by inserting after subsection (b) the following: 

‘‘(c) HIGH-SPEED BROADBAND DEPLOYMENT INITIATIVE.—Of the 

amounts made available under subsection (a), $10,000,000 may 

be used to carry out section 14509 for each of fiscal years 2016 

through 2020.’’. 

(c) TERMINATION.—Section 14704 of title 40, United States 

Code, is amended by striking ‘‘2012’’ and inserting ‘‘2020’’. 

40 USC 

prec. 14501. 


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129 STAT. 1432 PUBLIC LAW 114–94—DEC. 4, 2015 

(d) EFFECTIVE DATE.—This section and the amendments made 

by this section take effect on October 1, 2015. 

SEC. 1437. BORDER STATE INFRASTRUCTURE. 

(a) IN GENERAL.—After consultation with relevant transportation planning organizations, the Governor of a State that shares 

a land border with Canada or Mexico may designate for each 

fiscal year not more than 5 percent of the funds made available 

to the State under section 133(d)(1)(B) of title 23, United States 

Code, for border infrastructure projects eligible under section 1303 

of SAFETEA–LU (23 U.S.C. 101 note; 119 Stat. 1207). 

(b) USE OF FUNDS.—Funds designated under this section shall 

be available under the requirements of section 1303 of SAFETEA– 

LU (23 U.S.C. 101 note; 119 Stat. 1207). 

(c) CERTIFICATION.—Before making a designation under subsection (a), the Governor shall certify that the designation is consistent with transportation planning requirements under title 23, 

United States Code. 

(d) NOTIFICATION.—Not later than 30 days after making a 

designation under subsection (a), the Governor shall submit to 

the relevant transportation planning organizations within the 

border region a written notification of any suballocated or distributed amount of funds available for obligation by jurisdiction. 

(e) LIMITATION.—This section applies only to funds apportioned 

to a State after the date of enactment of this Act. 

(f) DEADLINE FOR DESIGNATION.—A designation under subsection (a) shall— 

(1) be submitted to the Secretary not later than 30 days 

before the first day of the fiscal year for which the designation 

is being made; and 

(2) remain in effect for the funds designated under subsection (a) for a fiscal year until the Governor of the State 

notifies the Secretary of the termination of the designation. 

(g) UNOBLIGATED FUNDS AFTER TERMINATION.—Effective beginning on the date of a termination under subsection (f)(2), all 

remaining unobligated funds that were designated under subsection 

(a) for the fiscal year for which the designation is being terminated 

shall be made available to the State for the purposes described 

in section 133(d)(1)(B) of title 23, United States Code. 

SEC. 1438. ADJUSTMENTS. 

(a) IN GENERAL.—On July 1, 2020, of the unobligated balances 

of funds apportioned among the States under chapter 1 of title 

23, United States Code, a total of $7,569,000,000 is permanently 

rescinded. 

(b) EXCLUSIONS FROM RESCISSION.—The rescission under subsection (a) shall not apply to funds distributed in accordance with— 

(1) sections 104(b)(3) and 130(f) of title 23, United States 

Code; 

(2) section 133(d)(1)(A) of such title; 

(3) the first sentence of section 133(d)(3)(A) of such title, 

as in effect on the day before the date of enactment of MAP– 

21 (Public Law 112–141); 

(4) sections 133(d)(1) and 163 of such title, as in effect 

on the day before the date of enactment of SAFETEA–LU 

(Public Law 109–59); and 

23 USC 101 note. 

40 USC 14509 

note. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1433 

(5) section 104(b)(5) of such title, as in effect on the day 

before the date of enactment of MAP–21 (Public Law 112– 

141). 

(c) DISTRIBUTION AMONG STATES.—The amount to be rescinded 

under this section from a State shall be determined by multiplying 

the total amount of the rescission in subsection (a) by the ratio 

that— 

(1) the unobligated balances subject to the rescission as 

of September 30, 2019, for the State; bears to 

(2) the unobligated balances subject to the rescission as 

of September 30, 2019, for all States. 

(d) DISTRIBUTION WITHIN EACH STATE.—The amount to be 

rescinded under this section from each program to which the rescission applies within a State shall be determined by multiplying 

the required rescission amount calculated under subsection (c) for 

such State by the ratio that— 

(1) the unobligated balance as of September 30, 2019, for 

such program in such State; bears to 

(2) the unobligated balances as of September 30, 2019, 

for all programs to which the rescission applies in such State. 

SEC. 1439. ELIMINATION OF BARRIERS TO IMPROVE AT-RISK BRIDGES. 

(a) TEMPORARY AUTHORIZATION.— 

(1) IN GENERAL.—Until the Secretary of the Interior takes 

the action described in subsection (b), the take of nesting swallows to facilitate a construction project on a bridge eligible 

for funding under title 23, United States Code, with any component condition rating of 3 or less (as defined by the National 

Bridge Inventory General Condition Guidance issued by the 

Federal Highway Administration) is authorized under the 

Migratory Bird Treaty Act (16 U.S.C. 703 et seq.) between 

April 1 and August 31. 

(2) MEASURES TO MINIMIZE IMPACTS.— 

(A) NOTIFICATION BEFORE TAKING.—Prior to the taking 

of nesting swallows authorized under paragraph (1), any 

person taking that action shall submit to the Secretary 

of the Interior a document that contains— 

(i) the name of the person acting under the 

authority of paragraph (1) to take nesting swallows; 

(ii) a list of practicable measures that will be 

undertaken to minimize or mitigate significant adverse 

impacts on the population of that species; 

(iii) the time period during which activities will 

be carried out that will result in the taking of that 

species; and 

(iv) an estimate of the number of birds, by species, 

to be taken in the proposed action. 

(B) NOTIFICATION AFTER TAKING.—Not later than 60 

days after the taking of nesting swallows authorized under 

paragraph (1), any person taking that action shall submit 

to the Secretary of the Interior a document that contains 

the number of birds, by species, taken in the action. 

(b) AUTHORIZATION OF TAKE.— 

(1) IN GENERAL.—The Secretary of the Interior, in consultation with the Secretary, shall promulgate a regulation under 

the authority of section 3 of the Migratory Bird Treaty Act 

16 USC 703 note. 


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129 STAT. 1434 PUBLIC LAW 114–94—DEC. 4, 2015 

(16 U.S.C. 704) authorizing the take of nesting swallows to 

facilitate bridge repair, maintenance, or construction— 

(A) without individual permit requirements; and 

(B) under terms and conditions determined to be consistent with treaties relating to migratory birds that protect 

swallow species occurring in the United States. 

(2) TERMINATION.—On the effective date of a final rule 

under this subsection by the Secretary of the Interior, subsection (a) shall have no force or effect. 

(c) SUSPENSION OR WITHDRAWAL OF TAKE AUTHORIZATION.— If the Secretary of the Interior, in consultation with the Secretary, 

determines that taking of nesting swallows carried out under the 

authority provided in subsection (a)(1) is having a significant 

adverse impact on swallow populations, the Secretary of the Interior 

may suspend that authority through publication in the Federal 

Register. 

SEC. 1440. AT-RISK PROJECT PREAGREEMENT AUTHORITY. 

(a) DEFINITION OF PRELIMINARY ENGINEERING.—In this section, 

the term ‘‘preliminary engineering’’ means allowable 

preconstruction project development and engineering costs. 

(b) AT-RISK PROJECT PREAGREEMENT AUTHORITY.—A recipient 

or subrecipient of Federal-aid funds under title 23, United States 

Code, may— 

(1) incur preliminary engineering costs for an eligible 

project under title 23, United States Code, before receiving 

project authorization from the State, in the case of a subrecipient, and the Secretary to proceed with the project; and 

(2) request reimbursement of applicable Federal funds after 

the project authorization is received. 

(c) ELIGIBILITY.—The Secretary may reimburse preliminary 

engineering costs incurred by a recipient or subrecipient under 

subsection (b)— 

(1) if the costs meet all applicable requirements under 

title 23, United States Code, at the time the costs are incurred 

and the Secretary concurs that the requirements have been 

met; 

(2) in the case of a project located within a designated 

nonattainment or maintenance area for air quality, if the conformity requirements of the Clean Air Act (42 U.S.C. 7401 

et seq.) have been met; and 

(3) if the costs would have been allowable if incurred after 

the date of the project authorization by the Department. 

(d) AT-RISK.—A recipient or subrecipient that elects to use 

the authority provided under this section shall— 

(1) assume all risk for preliminary engineering costs 

incurred prior to project authorization; and 

(2) be responsible for ensuring and demonstrating to the 

Secretary that all applicable cost eligibility conditions are met 

after the authorization is received. 

(e) RESTRICTIONS.—Nothing in this section— 

(1) allows a recipient or subrecipient to use the authority 

under this section to advance a project beyond preliminary 

engineering prior to the completion of the environmental review 

process; 

(2) waives the applicability of Federal requirements to a 

project other than the reimbursement of preliminary 

23 USC 121 note. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1435 

engineering costs incurred prior to an authorization to proceed 

in accordance with this section; or 

(3) guarantees Federal funding of the project or the eligibility of the project for future Federal-aid highway funding. 

SEC. 1441. REGIONAL INFRASTRUCTURE ACCELERATOR DEMONSTRATION PROGRAM. 

(a) IN GENERAL.—The Secretary shall establish a regional infrastructure demonstration program (referred to in this section as 

the ‘‘program’’) to assist entities in developing improved infrastructure priorities and financing strategies for the accelerated development of a project that is eligible for funding under the TIFIA 

program under chapter 6 of title 23, United States Code. 

(b) DESIGNATION OF REGIONAL INFRASTRUCTURE ACCELERATORS.—In carrying out the program, the Secretary may designate 

regional infrastructure accelerators that will— 

(1) serve a defined geographic area; and 

(2) act as a resource in the geographic area to qualified 

entities in accordance with this section. 

(c) APPLICATION.—To be eligible for a designation under subsection (b), a proposed regional infrastructure accelerator shall 

submit to the Secretary a proposal at such time, in such manner, 

and containing such information as the Secretary may require. 

(d) CRITERIA.—In evaluating a proposal submitted under subsection (c), the Secretary shall consider— 

(1) the need for geographic diversity among regional infrastructure accelerators; and 

(2) the ability of the proposal to promote investment in 

covered infrastructure projects, which shall include a plan— 

(A) to evaluate and promote innovative financing 

methods for local projects, including the use of the TIFIA 

program under chapter 6 of title 23, United States Code; 

(B) to build capacity of State, local, and tribal governments to evaluate and structure projects involving the 

investment of private capital; 

(C) to provide technical assistance and information 

on best practices with respect to financing the projects; 

(D) to increase transparency with respect to infrastructure project analysis and using innovative financing for 

public infrastructure projects; 

(E) to deploy predevelopment capital programs 

designed to facilitate the creation of a pipeline of infrastructure projects available for investment; 

(F) to bundle smaller-scale and rural projects into 

larger proposals that may be more attractive for investment; and 

(G) to reduce transaction costs for public project sponsors. 

(e) ANNUAL REPORT.—Not less frequently than once each year, 

the Secretary shall submit to Congress a report that describes 

the findings and effectiveness of the program. 

(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out the program $12,000,000, of which 

the Secretary shall use— 

(1) $11,750,000 for initial grants to regional infrastructure 

accelerators under subsection (b); and 

23 USC 601 note. 


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129 STAT. 1436 PUBLIC LAW 114–94—DEC. 4, 2015 

(2) $250,000 for administrative costs of carrying out the 

program. 

SEC. 1442. SAFETY FOR USERS. 

(a) IN GENERAL.—The Secretary shall encourage each State 

and metropolitan planning organization to adopt standards for the 

design of Federal surface transportation projects that provide for 

the safe and adequate accommodation (as determined by the State) 

of all users of the surface transportation network, including motorized and nonmotorized users, in all phases of project planning, 

development, and operation. 

(b) REPORT.—Not later than 2 years after the date of enactment 

of this Act, the Secretary shall make available to the public a 

report cataloging examples of State law or State transportation 

policy that provide for the safe and adequate accommodation of 

all users of the surface transportation network, in all phases of 

project planning, development, and operation. 

(c) BEST PRACTICES.—Based on the report under subsection 

(b), the Secretary shall identify and disseminate examples of best 

practices where States have adopted measures that have successfully provided for the safe and adequate accommodation of all 

users of the surface transportation network in all phases of project 

planning, development, and operation. 

SEC. 1443. SENSE OF CONGRESS. 

It is the sense of Congress that the engineering industry of 

the United States continues to provide critical technical expertise, 

innovation, and local knowledge to Federal and State agencies 

in order to efficiently deliver surface transportation projects to 

the public, and Congress recognizes the valuable contributions made 

by the engineering industry of the United States and urges the 

Secretary to reinforce those partnerships by encouraging State and 

local agencies to take full advantage of engineering industry 

capabilities to strengthen project performance, improve domestic 

competitiveness, and create jobs. 

SEC. 1444. EVERY DAY COUNTS INITIATIVE. 

(a) IN GENERAL.—It is in the national interest for the Department, State departments of transportation, and all other recipients 

of Federal transportation funds— 

(1) to identify, accelerate, and deploy innovation aimed 

at shortening project delivery, enhancing the safety of the roadways of the United States, and protecting the environment; 

(2) to ensure that the planning, design, engineering, 

construction, and financing of transportation projects is done 

in an efficient and effective manner; 

(3) to promote the rapid deployment of proven solutions 

that provide greater accountability for public investments and 

encourage greater private sector involvement; and 

(4) to create a culture of innovation within the highway 

community. 

(b) EVERY DAY COUNTS INITIATIVE.—To advance the policy 

described in subsection (a), the Administrator of the Federal Highway Administration shall continue the Every Day Counts initiative 

to work with States, local transportation agencies, and industry 

stakeholders to identify and deploy proven innovative practices 

and products that— 

(1) accelerate innovation deployment; 

23 USC 101 note. 

23 USC 109 note. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1437 

(2) shorten the project delivery process; 

(3) improve environmental sustainability; 

(4) enhance roadway safety; and 

(5) reduce congestion. 

(c) INNOVATION DEPLOYMENT.— (1) IN GENERAL.—At least every 2 years, the Administrator 

shall work collaboratively with stakeholders to identify a new 

collection of innovations, best practices, and data to be deployed 

to highway stakeholders through case studies, webinars, and 

demonstration projects. 

(2) REQUIREMENTS.—In identifying a collection described 

in paragraph (1), the Secretary shall take into account market 

readiness, impacts, benefits, and ease of adoption of the innovation or practice. 

(d) PUBLICATION.—Each collection identified under subsection 

(c) shall be published by the Administrator on a publicly available 

Web site. 

SEC. 1445. WATER INFRASTRUCTURE FINANCE AND INNOVATION. 

Section 5028(a) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 3907(a)) is amended— 

(1) by striking paragraph (5); and 

(2) by redesignating paragraphs (6) and (7) as paragraphs 

(5) and (6), respectively. 

SEC. 1446. TECHNICAL CORRECTIONS. 

(a) TITLE 23.—Title 23, United States Code, is amended as 

follows: 

(1) Section 119(d)(1)(A) is amended by striking ‘‘mobility,’’ 

and inserting ‘‘congestion reduction, system reliability,’’. 

(2) Section 126(b)(1) is amended by striking ‘‘133(d)’’ and 

inserting ‘‘133(d)(1)(A)’’. 

(3) Section 127(a)(3) is amended by striking ‘‘118(b)(2) of 

this title’’ and inserting ‘‘118(b)’’. 

(4) Section 150(b)(5) is amended by striking ‘‘national 

freight network’’ and inserting ‘‘National Highway Freight Network’’. 

(5) Section 150(c)(3)(B) is amended by striking the semicolon at the end and inserting a period. 

(6) Section 150(e)(4) is amended by striking ‘‘National 

Freight Strategic Plan’’ and inserting ‘‘national freight strategic 

plan’’. 

(7) Section 153(h)(2) is amended by striking ‘‘paragraphs 

(1) through (3)’’ and inserting ‘‘paragraphs (1), (2), and (4)’’. 

(8) Section 154(c) is amended— 

(A) in paragraph (1) by striking ‘‘paragraphs (1), (3), 

and (4)’’ and inserting ‘‘paragraphs (1), (2), and (4)’’; 

(B) in paragraph (3)(A) by striking ‘‘transferred’’ and 

inserting ‘‘reserved’’; and 

(C) in paragraph (5)— 

(i) in the matter preceding subparagraph (A) by 

inserting ‘‘or released’’ after ‘‘transferred’’; and 

(ii) in subparagraph (A) by striking ‘‘under section 

104(b)(l)’’ and inserting ‘‘under section 104(b)(1)’’. 

(9) Section 163(f)(2) is amended by striking ‘‘118(b)(2)’’ and 

inserting ‘‘118(b)’’. 

(10) Section 164(b) is amended— 


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129 STAT. 1438 PUBLIC LAW 114–94—DEC. 4, 2015 

(A) in paragraph (3)(A) by striking ‘‘transferred’’ and 

inserting ‘‘reserved’’; and 

(B) in paragraph (5) by inserting ‘‘or released’’ after 

‘‘transferred’’. 

(11) Section 165(c)(7) is amended by striking ‘‘paragraphs 

(2), (4), (7), (8), (14), and (19) of section 133(b)’’ and inserting 

‘‘paragraphs (1) through (4) of section 133(c) and section 

133(b)(12)’’. 

(12) Section 202(b)(3) is amended— 

(A) in subparagraph (A)(i), in the matter preceding 

subclause (I), by inserting ‘‘(a)(6),’’ after ‘‘subsections’’; and 

(B) in subparagraph (C)(ii)(IV), by striking ‘‘(III).]’’ and 

inserting ‘‘(III).’’. 

(13) Section 217(a) is amended by striking ‘‘104(b)(3)’’ and 

inserting ‘‘104(b)(4)’’. 

(14) Section 515 is amended by striking ‘‘this chapter’’ 

each place it appears and inserting ‘‘sections 512 through 518’’. 

(b) TITLE 49.—Section 6302(b)(3)(B)(vi)(III) of title 49, United 

States Code, is amended by striking ‘‘6310’’ and inserting ‘‘6309’’. 

(c) SAFETEA–LU.—Section 4407 of SAFETEA–LU (Public Law 

109–59; 119 Stat. 1777) is amended by striking ‘‘hereby enacted 

into law’’ and inserting ‘‘granted’’. 

(d) MAP–21.—Effective as of July 6, 2012, and as if included 

therein as enacted, MAP–21 (Public Law 112–141) is amended 

as follows: 

(1) Section 1109(a)(2) (126 Stat. 444) is amended by striking 

‘‘fourth’’ and inserting ‘‘fifth’’. 

(2) Section 1203 (126 Stat. 524) is amended— 

(A) in subsection (a) by striking ‘‘Section 150 of title 

23, United States Code, is amended to read as follows’’ 

and inserting ‘‘Title 23, United States Code, is amended 

by inserting after section 149 the following’’; and 

(B) in subsection (b) by striking ‘‘by striking the item 

relating to section 150 and inserting’’ and inserting ‘‘by 

inserting after the item relating to section 149’’. 

(3) Section 1313(a)(1) (126 Stat. 545) is amended to read 

as follows: 

‘‘(1) in the section heading by striking ‘pilot’; and’’. 

(4) Section 1314(b) (126 Stat. 549) is amended— 

(A) by inserting ‘‘chapter 3 of’’ after ‘‘analysis for’’; 

and 

(B) by inserting a period at the end of the matter 

proposed to be inserted. 

(5) Section 1519(c) (126 Stat. 575) is amended— 

(A) by striking paragraph (3); 

(B) by redesignating paragraphs (4) through (12) as 

paragraphs (3) through (11), respectively; 

(C) in paragraph (7), as redesignated by subparagraph 

(B)— 

(i) by striking the period at the end of the matter 

proposed to be struck; and 

(ii) by adding a period at the end; and 

(D) in paragraph (8)(A)(i)(I), as redesignated by 

subparagraph (B), by striking ‘‘than rail’’ in the matter 

proposed to be struck and inserting ‘‘than on rail’’. 

(e) TRANSPORTATION RESEARCH AND INNOVATIVE TECHNOLOGY

ACT OF 2012.—Section 51001(a)(1) of the Transportation Research 

23 USC 142. 

23 USC 133. 

23 USC 109, 118, 

130, 131, 133, 

142, 145, 218, 

610. 

23 USC 104. 

23 USC 104. 

49 USC 

prec. 101. 

23 USC 327. 

23 USC 

prec. 101. 

23 USC 150. 

23 USC 140. 

23 USC 104 note. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1439 

and Innovative Technology Act of 2012 (126 Stat. 864) is amended 

by striking ‘‘sections 503(b), 503(d), and 509’’ and inserting ‘‘section 

503(b)’’. 

TITLE II—INNOVATIVE PROJECT 

FINANCE 

SEC. 2001. TRANSPORTATION INFRASTRUCTURE FINANCE AND 

INNOVATION ACT OF 1998 AMENDMENTS. 

(a) DEFINITIONS.—Section 601(a) of title 23, United States Code, 

is amended— 

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

(A) by striking ‘‘In this chapter, the’’ and inserting 

‘‘The’’; and 

(B) by inserting ‘‘to sections 601 through 609’’ after 

‘‘apply’’; 

(2) in paragraph (2)— 

(A) in subparagraph (B) by striking ‘‘and’’ at the end; 

(B) in subparagraph (C) by striking the period at the 

end and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(D) capitalizing a rural projects fund.’’; 

(3) in paragraph (3) by striking ‘‘this chapter’’ and inserting 

‘‘the TIFIA program’’; 

(4) in paragraph (10)— 

(A) by striking ‘‘(10) MASTER CREDIT AGREEMENT.— ’’ and all that follows before subparagraph (A) and inserting 

the following: 

‘‘(10) MASTER CREDIT AGREEMENT.—The term ‘master credit 

agreement’ means a conditional agreement to extend credit 

assistance for a program of related projects secured by a 

common security pledge covered under section 602(b)(2)(A) or 

for a single project covered under section 602(b)(2)(B) that 

does not provide for a current obligation of Federal funds, 

and that would—’’; 

(B) in subparagraph (A) by striking ‘‘subject to the 

availability of future funds being made available to carry 

out this chapter;’’ and inserting ‘‘subject to— 

‘‘(i) the availability of future funds being made 

available to carry out the TIFIA program; and 

‘‘(ii) the satisfaction of all of the conditions for 

the provision of credit assistance under the TIFIA program, including section 603(b)(1);’’; and 

(C) in subparagraph (D)— 

(i) by redesignating clauses (ii) and (iii) as clauses 

(iii) and (iv), respectively; 

(ii) by inserting after clause (i) the following: 

‘‘(ii) receiving an investment grade rating from 

a rating agency;’’; 

(iii) in clause (iii) (as so redesignated) by striking 

‘‘in section 602(c)’’ and inserting ‘‘under the TIFIA 

program, including sections 602(c) and 603(b)(1)’’; and 

(iv) in clause (iv) (as so redesignated) by striking 

‘‘this chapter’’ and inserting ‘‘the TIFIA program’’; 

(5) in paragraph (12)— 

(A) in subparagraph (C) by striking ‘‘and’’ at the end; 


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129 STAT. 1440 PUBLIC LAW 114–94—DEC. 4, 2015 

(B) in subparagraph (D)(iv) by striking the period at 

the end and inserting a semicolon; and 

(C) by adding at the end the following: 

‘‘(E) a project to improve or construct public infrastructure that is located within walking distance of, and accessible to, a fixed guideway transit facility, passenger rail 

station, intercity bus station, or intermodal facility, 

including a transportation, public utility, or capital project 

described in section 5302(3)(G)(v) of title 49, and related 

infrastructure; and 

‘‘(F) the capitalization of a rural projects fund.’’; 

(6) in paragraph (15) by striking ‘‘means’’ and all that 

follows through the period at the end and inserting ‘‘means 

a surface transportation infrastructure project located in an 

area that is outside of an urbanized area with a population 

greater than 150,000 individuals, as determined by the Bureau 

of the Census.’’; 

(7) by redesignating paragraphs (16), (17), (18), (19), and 

(20) as paragraphs (17), (18), (20), (21), and (22), respectively; 

(8) by inserting after paragraph (15) the following: 

‘‘(16) RURAL PROJECTS FUND.—The term ‘rural projects fund’ 

means a fund— 

‘‘(A) established by a State infrastructure bank in 

accordance with section 610(d)(4); 

‘‘(B) capitalized with the proceeds of a secured loan 

made to the bank in accordance with sections 602 and 

603; and 

‘‘(C) for the purpose of making loans to sponsors of 

rural infrastructure projects in accordance with section 

610.’’; 

(9) by inserting after paragraph (18) (as so redesignated) 

the following: 

‘‘(19) STATE INFRASTRUCTURE BANK.—The term ‘State infrastructure bank’ means an infrastructure bank established under 

section 610.’’; and 

(10) in paragraph (22) (as so redesignated), by inserting 

‘‘established under sections 602 through 609’’ after ‘‘Department’’. 

(b) DETERMINATION OF ELIGIBILITY AND PROJECT SELECTION.— 

Section 602 of title 23, United States Code, is amended— 

(1) in subsection (a)— 

(A) in paragraph (1) in the matter preceding subparagraph (A), by striking ‘‘this chapter’’ and inserting ‘‘the 

TIFIA program’’; 

(B) in paragraph (2)(A) by striking ‘‘this chapter’’ and 

inserting ‘‘the TIFIA program’’; 

(C) in paragraph (3) by striking ‘‘this chapter’’ and 

inserting ‘‘the TIFIA program’’; 

(D) in paragraph (5)— 

(i) by striking the paragraph heading and inserting 

‘‘ELIGIBLE PROJECT COST PARAMETERS.—’’; 

(ii) in subparagraph (A)— 

(I) in the matter preceding clause (i), by 

striking ‘‘subparagraph (B), to be eligible for assistance under this chapter, a project’’ and inserting 

‘‘subparagraph (B), a project under the TIFIA program’’; 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1441 

(II) by striking clause (i) and inserting the 

following: 

‘‘(i) $50,000,000; and’’; and 

(III) in clause (ii) by striking ‘‘assistance’’; and 

(iii) in subparagraph (B)— 

(I) by striking the subparagraph designation 

and heading and all that follows through ‘‘In the 

case’’ and inserting the following: 

‘‘(B) EXCEPTIONS.— 

‘‘(i) INTELLIGENT TRANSPORTATION SYSTEMS.—In 

the case’’; and 

(II) by adding at the end the following: 

‘‘(ii) TRANSIT-ORIENTED DEVELOPMENT PROJECTS.— 

In the case of a project described in section 

601(a)(12)(E), eligible project costs shall be reasonably 

anticipated to equal or exceed $10,000,000. 

‘‘(iii) RURAL PROJECTS.—In the case of a rural infrastructure project or a project capitalizing a rural 

projects fund, eligible project costs shall be reasonably 

anticipated to equal or exceed $10,000,000, but not 

to exceed $100,000,000. 

‘‘(iv) LOCAL INFRASTRUCTURE PROJECTS.—Eligible 

project costs shall be reasonably anticipated to equal 

or exceed $10,000,000 in the case of a project or program of projects— 

‘‘(I) in which the applicant is a local government, public authority, or instrumentality of local 

government; 

‘‘(II) located on a facility owned by a local 

government; or 

‘‘(III) for which the Secretary determines that 

a local government is substantially involved in 

the development of the project.’’; 

(E) in paragraph (9), in the matter preceding subparagraph (A), by striking ‘‘this chapter’’ and inserting ‘‘the 

TIFIA program’’; and 

(F) in paragraph (10)— 

(i) by striking ‘‘To be eligible’’ and inserting the 

following: 

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

(B), to be eligible’’; 

(ii) by striking ‘‘this chapter’’ each place it appears 

and inserting ‘‘the TIFIA program’’; 

(iii) by striking ‘‘not later than’’ and inserting ‘‘no 

later than’’; and 

(iv) by adding at the end the following: 

‘‘(B) RURAL PROJECTS FUND.—In the case of a project 

capitalizing a rural projects fund, the State infrastructure 

bank shall demonstrate, not later than 2 years after the 

date on which a secured loan is obligated for the project 

under the TIFIA program, that the bank has executed 

a loan agreement with a borrower for a rural infrastructure 

project in accordance with section 610. After the demonstration is made, the bank may draw upon the secured loan. 

At the end of the 2-year period, to the extent the bank 

has not used the loan commitment, the Secretary may 


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129 STAT. 1442 PUBLIC LAW 114–94—DEC. 4, 2015 

extend the term of the loan or withdraw the loan commitment.’’; 

(2) in subsection (b) by striking paragraph (2) and inserting 

the following: 

‘‘(2) MASTER CREDIT AGREEMENTS.— ‘‘(A) PROGRAM OF RELATED PROJECTS.—The Secretary 

may enter into a master credit agreement for a program 

of related projects secured by a common security pledge 

on terms acceptable to the Secretary. 

‘‘(B) ADEQUATE FUNDING NOT AVAILABLE.—If the Secretary fully obligates funding to eligible projects for a fiscal 

year and adequate funding is not available to fund a credit 

instrument, a project sponsor of an eligible project may 

elect to enter into a master credit agreement and wait 

to execute a credit instrument until the fiscal year for 

which additional funds are available to receive credit assistance.’’; 

(3) in subsection (c)(1), in the matter preceding subparagraph (A), by striking ‘‘this chapter’’ and inserting ‘‘the TIFIA 

program’’; and 

(4) in subsection (e) by striking ‘‘this chapter’’ and inserting 

‘‘the TIFIA program’’. 

(c) SECURED LOAN TERMS AND LIMITATIONS.—Section 603 of 

title 23, United States Code, is amended— 

(1) in subsection (a) by striking paragraph (2) and inserting 

the following: 

‘‘(2) LIMITATION ON REFINANCING OF INTERIM CONSTRUCTION

FINANCING.—A loan under paragraph (1) shall not refinance 

interim construction financing under paragraph (1)(B)— 

‘‘(A) if the maturity of such interim construction 

financing is later than 1 year after the substantial completion of the project; and 

‘‘(B) later than 1 year after the date of substantial 

completion of the project.’’; 

(2) in subsection (b)— 

(A) in paragraph (2)— 

(i) by striking ‘‘The amount of’’ and inserting the 

following: 

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

(B), the amount of’’; and 

(ii) by adding at the end the following: 

‘‘(B) RURAL PROJECTS FUND.—In the case of a project 

capitalizing a rural projects fund, the maximum amount 

of a secured loan made to a State infrastructure bank 

shall be determined in accordance with section 

602(a)(5)(B)(iii).’’; 

(B) in paragraph (3)(A)(i)— 

(i) in subclause (III) by striking ‘‘or’’ at the end; 

(ii) in subclause (IV) by striking ‘‘and’’ at the end 

and inserting ‘‘or’’; and 

(iii) by adding at the end the following: 

‘‘(V) in the case of a secured loan for a project 

capitalizing a rural projects fund, any other dedicated revenue sources available to a State infrastructure bank, including repayments from loans 

made by the bank for rural infrastructure projects; 

and’’; 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1443 

(C) in paragraph (4)(B)— 

(i) in clause (i) by striking ‘‘under this chapter’’ 

and inserting ‘‘or a rural projects fund under the TIFIA 

program’’; and 

(ii) in clause (ii) by inserting ‘‘and rural project 

funds’’ after ‘‘rural infrastructure projects’’; 

(D) in paragraph (5)— 

(i) by redesignating subparagraphs (A) and (B) 

as clauses (i) and (ii), respectively, and indenting 

appropriately; 

(ii) in the matter preceding clause (i) (as so redesignated) by striking ‘‘The final’’ and inserting the following: 

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

(B), the final’’; and 

(iii) by adding at the end the following: 

‘‘(B) RURAL PROJECTS FUND.—In the case of a project 

capitalizing a rural projects fund, the final maturity date 

of the secured loan shall not exceed 35 years after the 

date on which the secured loan is obligated.’’; 

(E) in paragraph (8) by striking ‘‘this chapter’’ and 

inserting ‘‘the TIFIA program’’; and 

(F) in paragraph (9)— 

(i) by striking ‘‘The total Federal assistance provided on a project receiving a loan under this chapter’’ 

and inserting the following: 

‘‘(A) IN GENERAL.—The total Federal assistance provided for a project receiving a loan under the TIFIA program’’; and 

(ii) by adding at the end the following: 

‘‘(B) RURAL PROJECTS FUND.—A project capitalizing a 

rural projects fund shall satisfy subparagraph (A) through 

compliance with the Federal share requirement described 

in section 610(e)(3)(B).’’; and 

(3) by adding at the end the following: 

‘‘(f) STREAMLINED APPLICATION PROCESS.— 

‘‘(1) IN GENERAL.—Not later than 180 days after the date 

of enactment of the FAST Act, the Secretary shall make available an expedited application process or processes available 

at the request of entities seeking secured loans under the 

TIFIA program that use a set or sets of conventional terms 

established pursuant to this section. 

‘‘(2) TERMS.—In establishing the streamlined application 

process required by this subsection, the Secretary may include 

terms commonly included in prior credit agreements and allow 

for an expedited application period, including— 

‘‘(A) the secured loan is in an amount of not greater 

than $100,000,000; 

‘‘(B) the secured loan is secured and payable from 

pledged revenues not affected by project performance, such 

as a tax-backed revenue pledge, tax increment financing, 

or a system-backed pledge of project revenues; and 

‘‘(C) repayment of the loan commences not later than 

5 years after disbursement.’’. 

(d) PROGRAM ADMINISTRATION.—Section 605 of title 23, United 

States Code, is amended— 


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129 STAT. 1444 PUBLIC LAW 114–94—DEC. 4, 2015 

(1) by striking ‘‘this chapter’’ each place it appears and 

inserting ‘‘the TIFIA program’’; and 

(2) by adding at the end the following: 

‘‘(f) ASSISTANCE TO SMALL PROJECTS.— ‘‘(1) RESERVATION OF FUNDS.—Of the funds made available 

to carry out the TIFIA program for each fiscal year, and after 

the set aside under section 608(a)(5), not less than $2,000,000 

shall be made available for the Secretary to use in lieu of 

fees collected under subsection (b) for projects under the TIFIA 

program having eligible project costs that are reasonably anticipated not to equal or exceed $75,000,000. 

‘‘(2) RELEASE OF FUNDS.—Any funds not used under paragraph (1) in a fiscal year shall be made available on October 

1 of the following fiscal year to provide credit assistance to 

any project under the TIFIA program.’’. 

(e) STATE AND LOCAL PERMITS.—Section 606 of title 23, United 

States Code, is amended in the matter preceding paragraph (1) 

by striking ‘‘this chapter’’ and inserting ‘‘the TIFIA program’’. 

(f) REGULATIONS.—Section 607 of title 23, United States Code, 

is amended by striking ‘‘this chapter’’ and inserting ‘‘the TIFIA 

program’’. 

(g) FUNDING.—Section 608 of title 23, United States Code, 

is amended— 

(1) by striking ‘‘this chapter’’ each place it appears and 

inserting ‘‘the TIFIA program’’; and 

(2) in subsection (a)— 

(A) in paragraph (2) by inserting ‘‘of’’ after ‘‘504(f)’’; 

(B) in paragraph (3)— 

(i) in subparagraph (A), by inserting ‘‘or rural 

projects funds’’ after ‘‘rural infrastructure projects’’; 

and 

(ii) in subparagraph (B), by inserting ‘‘or rural 

projects funds’’ after ‘‘rural infrastructure projects’’; 

(C) by striking paragraphs (4) and (6) and redesignating paragraph (5) as paragraph (4); and 

(D) by inserting at the end the following: 

‘‘(5) ADMINISTRATIVE COSTS.—Of the amounts made available to carry out the TIFIA program, the Secretary may use 

not more than $6,875,000 for fiscal year 2016, $7,081,000 for 

fiscal year 2017, $7,559,000 for fiscal year 2018, $8,195,000 

for fiscal year 2019, and $8,441,000 for fiscal year 2020 for 

the administration of the TIFIA program.’’. 

(h) REPORTS TO CONGRESS.—Section 609 of title 23, United 

States Code, is amended by striking ‘‘this chapter (other than 

section 610)’’ each place it appears and inserting ‘‘the TIFIA program’’. 

(i) STATE INFRASTRUCTURE BANK PROGRAM.—Section 610 of 

title 23, United States Code, is amended— 

(1) in subsection (a) by adding at the end the following: 

‘‘(11) RURAL INFRASTRUCTURE PROJECT.—The term ‘rural 

infrastructure project’ has the meaning given the term in section 601. 

‘‘(12) RURAL PROJECTS FUND.—The term ‘rural projects fund’ 

has the meaning given the term in section 601.’’; 

(2) in subsection (d)— 

(A) in paragraph (1)(A) by striking ‘‘each of fiscal years’’ 

and all that follows through the end of subparagraph (A) 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1445 

and inserting ‘‘each of fiscal years 2016 through 2020 under 

each of paragraphs (1), (2), and (5) of section 104(b); and’’; 

(B) in paragraph (2) by striking ‘‘fiscal years 2005 

through 2009’’ and inserting ‘‘fiscal years 2016 through 

2020’’; 

(C) in paragraph (3) by striking ‘‘fiscal years 2005 

through 2009’’ and inserting ‘‘fiscal years 2016 through 

2020’’; 

(D) by redesignating paragraphs (4) through (6) as 

paragraphs (5) through (7), respectively; 

(E) by inserting after paragraph (3) the following: 

‘‘(4) RURAL PROJECTS FUND.—Subject to subsection (j), the 

Secretary may permit a State entering into a cooperative agreement under this section to establish a State infrastructure 

bank to deposit into the rural projects fund of the bank the 

proceeds of a secured loan made to the bank in accordance 

with sections 602 and 603.’’; and 

(F) in paragraph (6) (as so redesignated) by striking 

‘‘section 133(d)(3)’’ and inserting ‘‘section 133(d)(1)(A)(i)’’; 

(3) by striking subsection (e) and inserting the following: 

‘‘(e) FORMS OF ASSISTANCE FROM STATE INFRASTRUCTURE

BANKS.— 

‘‘(1) IN GENERAL.—A State infrastructure bank established 

under this section may— 

‘‘(A) with funds deposited into the highway account, 

transit account, or rail account of the bank, make loans 

or provide other forms of credit assistance to a public 

or private entity to carry out a project eligible for assistance 

under this section; and 

‘‘(B) with funds deposited into the rural projects fund, 

make loans to a public or private entity to carry out a 

rural infrastructure project. 

‘‘(2) SUBORDINATION OF LOAN.—The amount of a loan or 

other form of credit assistance provided for a project described 

in paragraph (1) may be subordinated to any other debt 

financing for the project. 

‘‘(3) MAXIMUM AMOUNT OF ASSISTANCE.—A State infrastructure bank established under this section may— 

‘‘(A) with funds deposited into the highway account, 

transit account, or rail account of the bank, make loans 

or provide other forms of credit assistance to a public 

or private entity in an amount up to 100 percent of the 

cost of carrying out a project eligible for assistance under 

this section; and 

‘‘(B) with funds deposited into the rural projects fund, 

make loans to a public or private entity in an amount 

not to exceed 80 percent of the cost of carrying out a 

rural infrastructure project. 

‘‘(4) INITIAL ASSISTANCE.—Initial assistance provided with 

respect to a project from Federal funds deposited into a State 

infrastructure bank under this section may not be made in 

the form of a grant.’’; 

(4) in subsection (g)— 

(A) in paragraph (1) by striking ‘‘each account’’ and 

inserting ‘‘the highway account, the transit account, and 

the rail account’’; and 


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129 STAT. 1446 PUBLIC LAW 114–94—DEC. 4, 2015 

(B) in paragraph (4) by inserting ‘‘, except that any 

loan funded from the rural projects fund of the bank shall 

bear interest at or below the interest rate charged for 

the TIFIA loan provided to the bank under section 603’’ 

after ‘‘feasible’’; and 

(5) in subsection (k) by striking ‘‘fiscal years 2005 through 

2009’’ and inserting ‘‘fiscal years 2016 through 2020’’. 

SEC. 2002. AVAILABILITY PAYMENT CONCESSION MODEL. 

(a) PAYMENT TO STATES FOR CONSTRUCTION.—Section 121(a) 

of title 23, United States Code, is amended by inserting ‘‘(including 

payments made pursuant to a long-term concession agreement, 

such as availability payments)’’ after ‘‘a project’’. 

(b) PROJECT APPROVAL AND OVERSIGHT.—Section 106(b)(1) of 

title 23, United States Code, is amended by inserting ‘‘(including 

payments made pursuant to a long-term concession agreement, 

such as availability payments)’’ after ‘‘construction of the project’’. 

TITLE III—PUBLIC TRANSPORTATION 

SEC. 3001. SHORT TITLE. 

This title may be cited as the ‘‘Federal Public Transportation 

Act of 2015’’. 

SEC. 3002. DEFINITIONS. 

Section 5302 of title 49, United States Code, is amended— 

(1) in paragraph (1)— 

(A) in subparagraph (C) by inserting ‘‘functional’’ before 

‘‘landscaping and’’; and 

(B) in subparagraph (E) by striking ‘‘bicycle storage 

facilities and installing equipment’’ and inserting ‘‘bicycle 

storage shelters and parking facilities and the installation 

of equipment’’; 

(2) in paragraph (3)— 

(A) by striking subparagraph (F) and inserting the 

following: 

‘‘(F) leasing equipment or a facility for use in public 

transportation;’’; 

(B) in subparagraph (G)— 

(i) in clause (iv) by adding ‘‘and’’ at the end; 

(ii) in clause (v) by striking ‘‘and’’ at the end; 

and 

(iii) by striking clause (vi); 

(C) by striking subparagraph (I) and inserting the following: 

‘‘(I) the provision of nonfixed route paratransit 

transportation services in accordance with section 223 of 

the Americans with Disabilities Act of 1990 (42 U.S.C. 

12143), but only for grant recipients that are in compliance 

with applicable requirements of that Act, including both 

fixed route and demand responsive service, and only for 

amounts— 

‘‘(i) not to exceed 10 percent of such recipient’s 

annual formula apportionment under sections 5307 and 

5311; or 

‘‘(ii) not to exceed 20 percent of such recipient’s 

annual formula apportionment under sections 5307 and 

49 USC 5101 

note. 

Federal Public 

Transportation 

Act of 2015. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1447 

5311, if, consistent with guidance issued by the Secretary, the recipient demonstrates that the recipient 

meets at least 2 of the following requirements: 

‘‘(I) Provides an active fixed route travel 

training program that is available for riders with 

disabilities. 

‘‘(II) Provides that all fixed route and paratransit operators participate in a passenger safety, 

disability awareness, and sensitivity training class 

on at least a biennial basis. 

‘‘(III) Has memoranda of understanding in 

place with employers and the American Job Center 

to increase access to employment opportunities for 

people with disabilities.’’; 

(D) in subparagraph (K) by striking ‘‘or’’ at the end; 

(E) in subparagraph (L) by striking the period at the 

end and inserting a semicolon; and 

(F) by adding at the end the following: 

‘‘(M) associated transit improvements; or 

‘‘(N) technological changes or innovations to modify 

low or no emission vehicles (as defined in section 5339(c)) 

or facilities.’’; and 

(3) by adding at the end the following: 

‘‘(24) VALUE CAPTURE.—The term ‘value capture’ means 

recovering the increased property value to property located 

near public transportation resulting from investments in public 

transportation.’’. 

SEC. 3003. METROPOLITAN AND STATEWIDE TRANSPORTATION PLANNING. 

(a) IN GENERAL.—Section 5303 of title 49, United States Code, 

is amended— 

(1) in subsection (a)(1) by inserting ‘‘resilient’’ after 

‘‘development of’’; 

(2) in subsection (c)(2) by striking ‘‘and bicycle transportation facilities’’ and inserting ‘‘, bicycle transportation facilities, 

and intermodal facilities that support intercity transportation, 

including intercity buses and intercity bus facilities and commuter vanpool providers’’; 

(3) in subsection (d)— 

(A) by redesignating paragraphs (3) through (6) as 

paragraphs (4) through (7), respectively; 

(B) by inserting after paragraph (2) the following: 

‘‘(3) REPRESENTATION.— 

‘‘(A) IN GENERAL.—Designation or selection of officials 

or representatives under paragraph (2) shall be determined 

by the metropolitan planning organization according to the 

bylaws or enabling statute of the organization. 

‘‘(B) PUBLIC TRANSPORTATION REPRESENTATIVE.—Subject to the bylaws or enabling statute of the metropolitan 

planning organization, a representative of a provider of 

public transportation may also serve as a representative 

of a local municipality. 

‘‘(C) POWERS OF CERTAIN OFFICIALS.—An official 

described in paragraph (2)(B) shall have responsibilities, 

actions, duties, voting rights, and any other authority 


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commensurate with other officials described in paragraph 

(2).’’; and 

(C) in paragraph (5), as so redesignated, by striking 

‘‘paragraph (5)’’ and inserting ‘‘paragraph (6)’’; 

(4) in subsection (e)(4)(B) by striking ‘‘subsection (d)(5)’’ 

and inserting ‘‘subsection (d)(6)’’; 

(5) in subsection (g)(3)(A) by inserting ‘‘tourism, natural 

disaster risk reduction,’’ after ‘‘economic development,’’; 

(6) in subsection (h)(1)— 

(A) in subparagraph (G) by striking ‘‘and’’ at the end; 

(B) in subparagraph (H) by striking the period at the 

end and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(I) improve the resiliency and reliability of the 

transportation system.’’; 

(7) in subsection (i)— 

(A) in paragraph (2)— 

(i) in subparagraph (A)(i) by striking ‘‘transit’’ and 

inserting ‘‘public transportation facilities, intercity bus 

facilities’’; 

(ii) in subparagraph (G)— 

(I) by striking ‘‘and provide’’ and inserting ‘‘, 

provide’’; and 

(II) by inserting before the period at the end 

the following: ‘‘, and reduce the vulnerability of 

the existing transportation infrastructure to natural disasters’’; and 

(iii) in subparagraph (H) by inserting before the 

period at the end the following: ‘‘, including consideration of the role that intercity buses may play in 

reducing congestion, pollution, and energy consumption 

in a cost-effective manner and strategies and investments that preserve and enhance intercity bus systems, including systems that are privately owned and 

operated’’; 

(B) in paragraph (6)(A)— 

(i) by inserting ‘‘public ports,’’ before ‘‘freight shippers,’’; and 

(ii) by inserting ‘‘(including intercity bus operators, 

employer-based commuting programs, such as a carpool 

program, vanpool program, transit benefit program, 

parking cash-out program, shuttle program, or 

telework program)’’ after ‘‘private providers of transportation’’; and 

(C) in paragraph (8) by striking ‘‘paragraph (2)(C)’’ 

each place it appears and inserting ‘‘paragraph (2)(E)’’; 

(8) in subsection (k)(3)— 

(A) in subparagraph (A) by inserting ‘‘(including intercity bus operators, employer-based commuting programs, 

such as a carpool program, vanpool program, transit benefit 

program, parking cash-out program, shuttle program, or 

telework program), job access projects,’’ after ‘‘reduction’’; 

and 

(B) by adding at the end the following: 

‘‘(C) CONGESTION MANAGEMENT PLAN.—A metropolitan 

planning organization serving a transportation management area may develop a plan that includes projects and 


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strategies that will be considered in the TIP of such metropolitan planning organization. Such plan shall— 

‘‘(i) develop regional goals to reduce vehicle miles 

traveled during peak commuting hours and improve 

transportation connections between areas with high 

job concentration and areas with high concentrations 

of low-income households; 

‘‘(ii) identify existing public transportation services, employer-based commuter programs, and other 

existing transportation services that support access to 

jobs in the region; and 

‘‘(iii) identify proposed projects and programs to 

reduce congestion and increase job access opportunities. 

‘‘(D) PARTICIPATION.—In developing the plan under 

subparagraph (C), a metropolitan planning organization 

shall consult with employers, private and non-profit providers of public transportation, transportation management 

organizations, and organizations that provide job access 

reverse commute projects or job-related services to lowincome individuals.’’; 

(9) in subsection (l)— 

(A) by adding a period at the end of paragraph (1); 

and 

(B) in paragraph (2)(D) by striking ‘‘of less than 

200,000’’ and inserting ‘‘with a population of 200,000 or 

less’’; 

(10) in subsection (p) by striking ‘‘Funds set aside under 

section 104(f)’’ and inserting ‘‘Funds apportioned under section 

104(b)(5)’’; and 

(11) by adding at the end the following: 

‘‘(r) BI-STATE METROPOLITAN PLANNING ORGANIZATION.— 

‘‘(1) DEFINITION OF BI-STATE MPO REGION.—In this subsection, the term ‘Bi-State Metropolitan Planning Organization’ 

has the meaning given the term ‘region’ in subsection (a) of 

Article II of the Lake Tahoe Regional Planning Compact (Public 

Law 96–551; 94 Stat. 3234). 

‘‘(2) TREATMENT.—For the purpose of this title, the BiState Metropolitan Planning Organization shall be treated as— 

‘‘(A) a metropolitan planning organization; 

‘‘(B) a transportation management area under subsection (k); and 

‘‘(C) an urbanized area, which is comprised of a population of 145,000 in the State of California and a population 

of 65,000 in the State of Nevada.’’. 

(b) STATEWIDE AND NONMETROPOLITAN TRANSPORTATION PLANNING.—Section 5304 of title 49, United States Code, is amended— 

(1) in subsection (a)(2) by striking ‘‘and bicycle transportation facilities’’ and inserting ‘‘, bicycle transportation facilities, 

and intermodal facilities that support intercity transportation, 

including intercity buses and intercity bus facilities and commuter vanpool providers’’; 

(2) in subsection (d)— 

(A) in paragraph (1)— 

(i) in subparagraph (G) by striking ‘‘and’’ at the 

end; 


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(ii) in subparagraph (H) by striking the period 

at the end and inserting ‘‘; and’’; and 

(iii) by adding at the end the following: 

‘‘(I) improve the resiliency and reliability of the 

transportation system.’’; and 

(B) in paragraph (2)— 

(i) in subparagraph (B)(ii) by striking ‘‘urbanized’’; 

and 

(ii) in subparagraph (C) by striking ‘‘urbanized’’; 

and 

(3) in subsection (f)(3)(A)(ii)— 

(A) by inserting ‘‘public ports,’’ before ‘‘freight shippers,’’; and 

(B) by inserting ‘‘(including intercity bus operators, 

employer-based commuting programs, such as a carpool 

program, vanpool program, transit benefit program, 

parking cash-out program, shuttle program, or telework 

program)’’ after ‘‘private providers of transportation’’. 

SEC. 3004. URBANIZED AREA FORMULA GRANTS. 

Section 5307 of title 49, United States Code, is amended— 

(1) in subsection (a)— 

(A) in paragraph (2) by inserting ‘‘or demand response 

service, excluding ADA complementary paratransit 

service,’’ before ‘‘during’’ each place it appears; and 

(B) by adding at the end the following: 

‘‘(3) EXCEPTION TO THE SPECIAL RULE.—Notwithstanding 

paragraph (2), if a public transportation system described in 

such paragraph executes a written agreement with 1 or more 

other public transportation systems within the urbanized area 

to allocate funds for the purposes described in the paragraph 

by a method other than by measuring vehicle revenue hours, 

each public transportation system that is a party to the written 

agreement may follow the terms of the written agreement without regard to measured vehicle revenue hours referred to in 

the paragraph.’’; and 

(2) in subsection (c)(1)— 

(A) in subparagraph (C), by inserting ‘‘in accordance 

with the recipient’s transit asset management plan’’ after 

‘‘equipment and facilities’’; and 

(B) in subparagraph (K), by striking ‘‘Census—’’ and 

all that follows through clause (ii) and inserting the following: ‘‘Census, will submit an annual report listing 

projects carried out in the preceding fiscal year under this 

section for associated transit improvements as defined in 

section 5302; and’’. 

SEC. 3005. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS. 

(a) IN GENERAL.—Section 5309 of title 49, United States Code, 

is amended— 

(1) in subsection (a)— 

(A) in paragraph (3), by striking ‘‘and weekend days’’; 

(B) in paragraph (6)— 

(i) in subparagraph (A) by inserting ‘‘, small start 

projects,’’ after ‘‘new fixed guideway capital projects’’; 

and 

(ii) by striking subparagraph (B) and inserting 

the following: 


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‘‘(B) 2 or more projects that are any combination of 

new fixed guideway capital projects, small start projects, 

and core capacity improvement projects.’’; and 

(C) in paragraph (7)— 

(i) in subparagraph (A), by striking ‘‘$75,000,000’’ 

and inserting ‘‘$100,000,000’’; and 

(ii) in subparagraph (B), by striking ‘‘$250,000,000’’ 

and inserting ‘‘$300,000,000’’; 

(2) in subsection (d)— 

(A) in paragraph (1)(B) by striking ‘‘, policies and land 

use patterns that promote public transportation,’’; and 

(B) in paragraph (2)(A)— 

(i) in clause (iii) by adding ‘‘and’’ after the semicolon; 

(ii) by striking clause (iv); and 

(iii) by redesignating clause (v) as clause (iv); 

(3) in subsection (g)(2)(A)(i) by striking ‘‘the policies and 

land use patterns that support public transportation,’’; 

(4) in subsection (h)(6)— 

(A) by striking ‘‘In carrying out’’ and inserting the 

following: 

‘‘(A) IN GENERAL.—In carrying out’’; and 

(B) by adding at the end the following: 

‘‘(B) OPTIONAL EARLY RATING.—At the request of the 

project sponsor, the Secretary shall evaluate and rate the 

project in accordance with paragraphs (4) and (5) and 

subparagraph (A) of this paragraph upon completion of 

the analysis required under the National Environmental 

Policy Act of 1969 (42 U.S.C. 4321 et seq.).’’; 

(5) in subsection (i)— 

(A) in paragraph (1) by striking ‘‘subsection (d) or 

(e)’’ and inserting ‘‘subsection (d), (e), or (h)’’; 

(B) in paragraph (2)— 

(i) in the matter preceding subparagraph (A) by 

inserting ‘‘new fixed guideway capital project or core 

capacity improvement’’ after ‘‘federally funded’’; 

(ii) by striking subparagraph (D) and inserting 

the following: 

‘‘(D) the program of interrelated projects, when evaluated as a whole— 

‘‘(i) meets the requirements of subsection (d)(2), 

subsection (e)(2), or paragraphs (3) and (4) of subsection (h), as applicable, if the program is comprised 

entirely of— 

‘‘(I) new fixed guideway capital projects; 

‘‘(II) core capacity improvement projects; or 

‘‘(III) small start projects; or 

‘‘(ii) meets the requirements of subsection (d)(2) 

if the program is comprised of any combination of 

new fixed guideway capital projects, small start 

projects, and core capacity improvement projects;’’; and 

(iii) in subparagraph (F), by inserting ‘‘or subsection (h)(5), as applicable’’ after ‘‘subsection (f)’’; and 

(C) by striking paragraph (3)(A) and inserting the following: 


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129 STAT. 1452 PUBLIC LAW 114–94—DEC. 4, 2015 

‘‘(A) PROJECT ADVANCEMENT.—A project receiving a 

grant under this section that is part of a program of interrelated projects may not advance— 

‘‘(i) in the case of a small start project, from the 

project development phase to the construction phase 

unless the Secretary determines that the program of 

interrelated projects meets the applicable requirements 

of this section and there is a reasonable likelihood 

that the program will continue to meet such requirements; or 

‘‘(ii) in the case of a new fixed guideway capital 

project or a core capacity improvement project, from 

the project development phase to the engineering 

phase, or from the engineering phase to the construction phase, unless the Secretary determines that the 

program of interrelated projects meets the applicable 

requirements of this section and there is a reasonable 

likelihood that the program will continue to meet such 

requirements.’’; 

(6) in subsection (l)— 

(A) by striking paragraph (1) and inserting the following: 

‘‘(1) IN GENERAL.— 

‘‘(A) ESTIMATION OF NET CAPITAL PROJECT COST.—Based 

on engineering studies, studies of economic feasibility, and 

information on the expected use of equipment or facilities, 

the Secretary shall estimate the net capital project cost. 

‘‘(B) GRANTS.— 

‘‘(i) GRANT FOR NEW FIXED GUIDEWAY CAPITAL

PROJECT.—A grant for a new fixed guideway capital 

project shall not exceed 80 percent of the net capital 

project cost. 

‘‘(ii) FULL FUNDING GRANT AGREEMENT FOR NEW

FIXED GUIDEWAY CAPITAL PROJECT.—A full funding 

grant agreement for a new fixed guideway capital 

project shall not include a share of more than 60 percent from the funds made available under this section. 

‘‘(iii) GRANT FOR CORE CAPACITY IMPROVEMENT

PROJECT.—A grant for a core capacity improvement 

project shall not exceed 80 percent of the net capital 

project cost of the incremental cost to increase the 

capacity in the corridor. 

‘‘(iv) GRANT FOR SMALL START PROJECT.—A grant 

for a small start project shall not exceed 80 percent 

of the net capital project costs.’’; and 

(B) by striking paragraph (4) and inserting the following: 

‘‘(4) REMAINING COSTS.—The remainder of the net capital 

project costs shall be provided— 

‘‘(A) in cash from non-Government sources; 

‘‘(B) from revenues from the sale of advertising and 

concessions; or 

‘‘(C) from an undistributed cash surplus, a replacement 

or depreciation cash fund or reserve, or new capital.’’; 

(7) by striking subsection (n) and inserting the following: 

‘‘(n) AVAILABILITY OF AMOUNTS.— 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1453 

‘‘(1) IN GENERAL.—An amount made available or appropriated for a new fixed guideway capital project or core capacity 

improvement project shall remain available to that project for 

4 fiscal years, including the fiscal year in which the amount 

is made available or appropriated. Any amounts that are unobligated to the project at the end of the 4-fiscal-year period may 

be used by the Secretary for any purpose under this section. 

‘‘(2) USE OF DEOBLIGATED AMOUNTS.—An amount available 

under this section that is deobligated may be used for any 

purpose under this section.’’; and 

(8) by adding at the end the following: 

‘‘(p) SPECIAL RULE.—For the purposes of calculating the cost 

effectiveness of a project described in subsection (d) or (e), the 

Secretary shall not reduce or eliminate the capital costs of art 

and non-functional landscaping elements from the annualized capital cost calculation. 

‘‘(q) JOINT PUBLIC TRANSPORTATION AND INTERCITY PASSENGER

RAIL PROJECTS.— 

‘‘(1) IN GENERAL.—The Secretary may make grants for new 

fixed guideway capital projects and core capacity improvement 

projects that provide both public transportation and intercity 

passenger rail service. 

‘‘(2) ELIGIBLE COSTS.—Eligible costs for a project under 

this subsection shall be limited to the net capital costs of 

the public transportation costs attributable to the project based 

on projected use of the new segment or expanded capacity 

of the project corridor, not including project elements designed 

to achieve or maintain a state of good repair, as determined 

by the Secretary under paragraph (4). 

‘‘(3) PROJECT JUSTIFICATION AND LOCAL FINANCIAL COMMITMENT.—A project under this subsection shall be evaluated for 

project justification and local financial commitment under subsections (d), (e), (f), and (h), as applicable to the project, based 

on— 

‘‘(A) the net capital costs of the public transportation 

costs attributable to the project as determined under paragraph (4); and 

‘‘(B) the share of funds dedicated to the project from 

sources other than this section included in the unified 

finance plan for the project. 

‘‘(4) CALCULATION OF NET CAPITAL PROJECT COST.—The Secretary shall estimate the net capital costs of a project under 

this subsection based on— 

‘‘(A) engineering studies; 

‘‘(B) studies of economic feasibility; 

‘‘(C) the expected use of equipment or facilities; and 

‘‘(D) the public transportation costs attributable to the 

project. 

‘‘(5) GOVERNMENT SHARE OF NET CAPITAL PROJECT COST.— 

‘‘(A) GOVERNMENT SHARE.—The Government share 

shall not exceed 80 percent of the net capital cost attributable to the public transportation costs of a project under 

this subsection as determined under paragraph (4). 

‘‘(B) NON-GOVERNMENT SHARE.—The remainder of the 

net capital cost attributable to the public transportation 

costs of a project under this subsection shall be provided 


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129 STAT. 1454 PUBLIC LAW 114–94—DEC. 4, 2015 

from an undistributed cash surplus, a replacement or 

depreciation cash fund or reserve, or new capital.’’. 

(b) EXPEDITED PROJECT DELIVERY FOR CAPITAL INVESTMENT

GRANTS PILOT PROGRAM.— 

(1) DEFINITIONS.—In this subsection, the following definitions shall apply: 

(A) APPLICANT.—The term ‘‘applicant’’ means a State 

or local governmental authority that applies for a grant 

under this subsection. 

(B) CAPITAL PROJECT; FIXED GUIDEWAY; LOCAL GOVERNMENTAL AUTHORITY; PUBLIC TRANSPORTATION; STATE; STATE

OF GOOD REPAIR.—The terms ‘‘capital project’’, ‘‘fixed guideway’’, ‘‘local governmental authority’’, ‘‘public transportation’’, ‘‘State’’, and ‘‘state of good repair’’ have the 

meanings given those terms in section 5302 of title 49, 

United States Code. 

(C) CORE CAPACITY IMPROVEMENT PROJECT.—The term 

‘‘core capacity improvement project’’— 

(i) means a substantial corridor-based capital 

investment in an existing fixed guideway system that 

increases the capacity of a corridor by not less than 

10 percent; and 

(ii) may include project elements designed to aid 

the existing fixed guideway system in making substantial progress towards achieving a state of good repair. 

(D) CORRIDOR-BASED BUS RAPID TRANSIT PROJECT.— 

The term ‘‘corridor-based bus rapid transit project’’ means 

a small start project utilizing buses in which the project 

represents a substantial investment in a defined corridor 

as demonstrated by features that emulate the services provided by rail fixed guideway public transportation systems— 

(i) including— 

(I) defined stations; 

(II) traffic signal priority for public transportation vehicles; 

(III) short headway bidirectional services for 

a substantial part of weekdays; and 

(IV) any other features the Secretary may 

determine support a long-term corridor investment; and 

(ii) the majority of which does not operate in a 

separated right-of-way dedicated for public transportation use during peak periods. 

(E) ELIGIBLE PROJECT.—The term ‘‘eligible project’’ 

means a new fixed guideway capital project, a small start 

project, or a core capacity improvement project that has 

not entered into a full funding grant agreement with the 

Federal Transit Administration before the date of enactment of this Act. 

(F) FIXED GUIDEWAY BUS RAPID TRANSIT PROJECT.— 

The term ‘‘fixed guideway bus rapid transit project’’ means 

a bus capital project— 

(i) in which the majority of the project operates 

in a separated right-of-way dedicated for public 

transportation use during peak periods; 

49 USC 5309 

note. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1455 

(ii) that represents a substantial investment in 

a single route in a defined corridor or subarea; and 

(iii) that includes features that emulate the services provided by rail fixed guideway public transportation systems, including— 

(I) defined stations; 

(II) traffic signal priority for public transportation vehicles; 

(III) short headway bidirectional services for 

a substantial part of weekdays and weekend days; 

and 

(IV) any other features the Secretary may 

determine are necessary to produce high-quality 

public transportation services that emulate the 

services provided by rail fixed guideway public 

transportation systems. 

(G) NEW FIXED GUIDEWAY CAPITAL PROJECT.—The term 

‘‘new fixed guideway capital project’’ means— 

(i) a fixed guideway capital project that is a minimum operable segment or extension to an existing 

fixed guideway system; or 

(ii) a fixed guideway bus rapid transit project that 

is a minimum operable segment or an extension to 

an existing bus rapid transit system. 

(H) RECIPIENT.—The term ‘‘recipient’’ means a 

recipient of funding under chapter 53 of title 49, United 

States Code. 

(I) SMALL START PROJECT.—The term ‘‘small start 

project’’ means a new fixed guideway capital project, a 

fixed guideway bus rapid transit project, or a corridorbased bus rapid transit project for which— 

(i) the Federal assistance provided or to be provided under this subsection is less than $75,000,000; 

and 

(ii) the total estimated net capital cost is less than $300,000,000. 

(2) GENERAL AUTHORITY.—The Secretary may make grants 

under this subsection to States and local governmental authorities to assist in financing— 

(A) new fixed guideway capital projects or small start 

projects, including the acquisition of real property, the 

initial acquisition of rolling stock for the system, the 

acquisition of rights-of-way, and relocation, for projects in 

the advanced stages of planning and design; and 

(B) core capacity improvement projects, including the 

acquisition of real property, the acquisition of rights-ofway, double tracking, signalization improvements, electrification, expanding system platforms, acquisition of 

rolling stock associated with corridor improvements 

increasing capacity, construction of infill stations, and such 

other capacity improvement projects as the Secretary determines are appropriate to increase the capacity of an 

existing fixed guideway system corridor by not less than 

10 percent. Core capacity improvement projects do not 

include elements to improve general station facilities or 

parking, or acquisition of rolling stock alone. 

(3) GRANT REQUIREMENTS.— 


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129 STAT. 1456 PUBLIC LAW 114–94—DEC. 4, 2015 

(A) IN GENERAL.—The Secretary may make not more 

than 8 grants under this subsection for eligible projects 

if the Secretary determines that— 

(i) the eligible project is part of an approved 

transportation plan required under sections 5303 and 

5304 of title 49, United States Code; 

(ii) the applicant has, or will have— 

(I) the legal, financial, and technical capacity 

to carry out the eligible project, including the 

safety and security aspects of the eligible project; 

(II) satisfactory continuing control over the use 

of the equipment or facilities; 

(III) the technical and financial capacity to 

maintain new and existing equipment and facilities; and 

(IV) advisors providing guidance to the 

applicant on the terms and structure of the project 

that are independent from investors in the project; 

(iii) the eligible project is supported, or will be 

supported, in part, through a public-private partnership, provided such support is determined by local 

policies, criteria, and decisionmaking under section 

5306(a) of title 49, United States Code; 

(iv) the eligible project is justified based on findings 

presented by the project sponsor to the Secretary, 

including— 

(I) mobility improvements attributable to the 

project; 

(II) environmental benefits associated with the 

project; 

(III) congestion relief associated with the 

project; 

(IV) economic development effects derived as 

a result of the project; and 

(V) estimated ridership projections; 

(v) the eligible project is supported by an acceptable degree of local financial commitment (including 

evidence of stable and dependable financing sources); 

and 

(vi) the eligible project will be operated and maintained by employees of an existing provider of fixed 

guideway or bus rapid transit public transportation 

in the service area of the project, or if none exists, 

by employees of an existing public transportation provider in the service area. 

(B) CERTIFICATION.—An applicant that has submitted 

the certifications required under subparagraphs (A), (B), 

(C), and (H) of section 5307(c)(1) of title 49, United States 

Code, shall be deemed to have provided sufficient information upon which the Secretary may make the determinations required under this paragraph. 

(C) TECHNICAL CAPACITY.—The Secretary shall use an 

expedited technical capacity review process for applicants 

that have recently and successfully completed not less than 

1 new fixed guideway capital project, small start project, 

or core capacity improvement project, if— 


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(i) the applicant achieved budget, cost, and ridership outcomes for the project that are consistent with 

or better than projections; and 

(ii) the applicant demonstrates that the applicant 

continues to have the staff expertise and other 

resources necessary to implement a new project. 

(D) FINANCIAL COMMITMENT.— 

(i) REQUIREMENTS.—In determining whether an 

eligible project is supported by an acceptable degree 

of local financial commitment and shows evidence of 

stable and dependable financing sources for purposes 

of subparagraph (A)(v), the Secretary shall require 

that— 

(I) each proposed source of capital and operating financing is stable, reliable, and available 

within the proposed eligible project timetable; and 

(II) resources are available to recapitalize, 

maintain, and operate the overall existing and proposed public transportation system, including 

essential feeder bus and other services necessary, 

without degradation to the existing level of public 

transportation services. 

(ii) CONSIDERATIONS.—In assessing the stability, 

reliability, and availability of proposed sources of 

financing under clause (i), the Secretary shall consider— 

(I) the reliability of the forecasting methods 

used to estimate costs and revenues made by the 

applicant and the contractors to the applicant; 

(II) existing grant commitments; 

(III) the degree to which financing sources 

are dedicated to the proposed eligible project; 

(IV) any debt obligation that exists or is proposed by the applicant, for the proposed eligible 

project or other public transportation purpose; and 

(V) private contributions to the eligible project, 

including cost-effective project delivery, management or transfer of project risks, expedited project 

schedule, financial partnering, and other publicprivate partnership strategies. 

(E) LABOR STANDARDS.—The requirements under section 5333 of title 49, United States Code, shall apply to 

each recipient of a grant under this subsection. 

(4) PROJECT ADVANCEMENT.—An applicant that desires a 

grant under this subsection and meets the requirements of 

paragraph (3) shall submit to the Secretary, and the Secretary 

shall approve for advancement, a grant request that contains— 

(A) identification of an eligible project; 

(B) a schedule and finance plan for the construction 

and operation of the eligible project; 

(C) an analysis of the efficiencies of the proposed 

eligible project development and delivery methods and 

innovative financing arrangement for the eligible project, 

including any documents related to the— 

(i) public-private partnership required under paragraph (3)(A)(iii); and 


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(ii) project justification required under paragraph 

(3)(A)(iv); and 

(D) a certification that the existing public transportation system of the applicant or, in the event that the 

applicant does not operate a public transportation system, 

the public transportation system to which the proposed 

project will be attached, is in a state of good repair. 

(5) WRITTEN NOTICE FROM THE SECRETARY.— 

(A) IN GENERAL.—Not later than 120 days after the 

date on which the Secretary receives a grant request of 

an applicant under paragraph (4), the Secretary shall provide written notice to the applicant— 

(i) of approval of the grant request; or 

(ii) if the grant request does not meet the requirements under paragraph (4), of disapproval of the grant 

request, including a detailed explanation of the reasons 

for the disapproval. 

(B) CONCURRENT NOTICE.—The Secretary shall provide 

concurrent notice of an approval or disapproval of a grant 

request under subparagraph (A) to the Committee on 

Banking, Housing, and Urban Affairs of the Senate and 

the Committee on Transportation and Infrastructure of 

the House of Representatives. 

(6) WAIVER.—The Secretary may grant a waiver to an 

applicant that does not comply with paragraph (4)(D) if— 

(A) the eligible project meets the definition of a core 

capacity improvement project; and 

(B) the Secretary certifies that the eligible project will 

allow the applicant to make substantial progress in 

achieving a state of good repair. 

(7) SELECTION CRITERIA.—The Secretary may enter into 

a full funding grant agreement with an applicant under this 

subsection for an eligible project for which an application has 

been submitted and approved for advancement by the Secretary 

under paragraph (4), only if the applicant has completed the 

planning and activities required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

(8) LETTERS OF INTENT AND FULL FUNDING GRANT AGREEMENTS.— 

(A) LETTERS OF INTENT.— 

(i) AMOUNTS INTENDED TO BE OBLIGATED.—The 

Secretary may issue a letter of intent to an applicant 

announcing an intention to obligate, for an eligible 

project under this subsection, an amount from future 

available budget authority specified in law that is not 

more than the amount stipulated as the financial 

participation of the Secretary in the eligible project. 

When a letter is issued for an eligible project under 

this subsection, the amount shall be sufficient to complete at least an operable segment. 

(ii) TREATMENT.—The issuance of a letter under 

clause (i) is deemed not to be an obligation under 

section 1108(c), 1501, or 1502(a) of title 31, United 

States Code, or an administrative commitment. 

(B) FULL FUNDING GRANT AGREEMENTS.— 


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(i) IN GENERAL.—Except as provided in clause (v), 

an eligible project shall be carried out under this subsection through a full funding grant agreement. 

(ii) CRITERIA.—The Secretary shall enter into a 

full funding grant agreement, based on the requirements of this subparagraph, with each applicant 

receiving assistance for an eligible project that has 

received a written notice of approval under paragraph 

(5)(A)(i). 

(iii) TERMS.—A full funding grant agreement 

shall— 

(I) establish the terms of participation by the 

Federal Government in the eligible project; 

(II) establish the maximum amount of Federal 

financial assistance for the eligible project; 

(III) include the period of time for completing 

construction of the eligible project, consistent with 

the terms of the public-private partnership agreement, even if that period extends beyond the period 

of an authorization; and 

(IV) make timely and efficient management 

of the eligible project easier according to the law 

of the United States. 

(iv) SPECIAL FINANCIAL RULES.— 

(I) IN GENERAL.—A full funding grant agreement under this subparagraph obligates an 

amount of available budget authority specified in 

law and may include a commitment, contingent 

on amounts to be specified in law in advance for 

commitments under this subparagraph, to obligate 

an additional amount from future available budget 

authority specified in law. 

(II) STATEMENT OF CONTINGENT COMMITMENT.—A full funding grant agreement shall state 

that the contingent commitment is not an obligation of the Federal Government. 

(III) INTEREST AND OTHER FINANCING COSTS.— 

Interest and other financing costs of efficiently 

carrying out a part of the eligible project within 

a reasonable time are a cost of carrying out the 

eligible project under a full funding grant agreement, except that eligible costs may not be more 

than the cost of the most favorable financing terms 

reasonably available for the eligible project at the 

time of borrowing. The applicant shall certify, in 

a way satisfactory to the Secretary, that the 

applicant has shown reasonable diligence in 

seeking the most favorable financing terms. 

(IV) COMPLETION OF OPERABLE SEGMENT.—The 

amount stipulated in an agreement under this 

subparagraph for a new fixed guideway capital 

project, core capacity improvement project, or 

small start project shall be sufficient to complete 

at least an operable segment. 

(v) EXCEPTION.— (I) IN GENERAL.—The Secretary, to the maximum extent practicable, shall provide Federal 


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assistance under this subsection for a small start 

project in a single grant. If the Secretary cannot 

provide such a single grant, the Secretary may 

execute an expedited grant agreement in order 

to include a commitment on the part of the Secretary to provide funding for the project in future 

fiscal years. 

(II) TERMS OF EXPEDITED GRANT AGREE- MENTS.—In executing an expedited grant agreement under this clause, the Secretary may include 

in the agreement terms similar to those established under clause (iii). 

(C) LIMITATION ON AMOUNTS.— (i) IN GENERAL.—The Secretary may enter into 

full funding grant agreements under this paragraph 

for eligible projects that contain contingent commitments to incur obligations in such amounts as the 

Secretary determines are appropriate. 

(ii) APPROPRIATION REQUIRED.—An obligation may 

be made under this paragraph only when amounts 

are appropriated for obligation. 

(D) NOTIFICATION TO CONGRESS.— 

(i) IN GENERAL.—Not later than 30 days before 

the date on which the Secretary issues a letter of 

intent or enters into a full funding grant agreement 

for an eligible project under this paragraph, the Secretary shall notify, in writing, the Committee on 

Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the 

Committee on Appropriations of the House of Representatives of the proposed letter of intent or full 

funding grant agreement. 

(ii) CONTENTS.—The written notification under 

clause (i) shall include a copy of the proposed letter 

of intent or full funding grant agreement for the 

eligible project. 

(9) GOVERNMENT SHARE OF NET CAPITAL PROJECT COST.— 

(A) IN GENERAL.—A grant for an eligible project shall 

not exceed 25 percent of the net capital project cost. 

(B) REMAINDER OF NET CAPITAL PROJECT COST.—The 

remainder of the net capital project cost shall be provided 

from an undistributed cash surplus, a replacement or 

depreciation cash fund or reserve, or new capital. 

(C) LIMITATION ON STATUTORY CONSTRUCTION.— 

Nothing in this subsection shall be construed as authorizing 

the Secretary to require a non-Federal financial commitment for a project that is more than 75 percent of the 

net capital project cost. 

(D) SPECIAL RULE FOR ROLLING STOCK COSTS.—In addition to amounts allowed pursuant to subparagraph (A), 

a planned extension to a fixed guideway system may 

include the cost of rolling stock previously purchased if 

the applicant satisfies the Secretary that only amounts 

other than amounts provided by the Federal Government 

were used and that the purchase was made for use on 

the extension. A refund or reduction of the remainder may 


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be made only if a refund of a proportional amount of 

the grant of the Federal Government is made at the same 

time. 

(E) FAILURE TO CARRY OUT PROJECT.—If an applicant 

does not carry out an eligible project for reasons within 

the control of the applicant, the applicant shall repay all 

Federal funds awarded for the eligible project from all 

Federal funding sources, for all eligible project activities, 

facilities, and equipment, plus reasonable interest and penalty charges allowable by law. 

(F) CREDITING OF FUNDS RECEIVED.—Any funds 

received by the Federal Government under this paragraph, 

other than interest and penalty charges, shall be credited 

to the appropriation account from which the funds were 

originally derived. 

(10) AVAILABILITY OF AMOUNTS.— (A) IN GENERAL.—An amount made available for an 

eligible project shall remain available to that eligible project 

for 4 fiscal years, including the fiscal year in which the 

amount is made available. Any amounts that are unobligated to the eligible project at the end of the 4-fiscalyear period may be used by the Secretary for any purpose 

under this subsection. 

(B) USE OF DEOBLIGATED AMOUNTS.—An amount available under this subsection that is deobligated may be used 

for any purpose under this subsection. 

(11) ANNUAL REPORT ON EXPEDITED PROJECT DELIVERY FOR

CAPITAL INVESTMENT GRANTS.—Not later than the first Monday 

in February of each year, the Secretary shall submit to the 

Committee on Banking, Housing, and Urban Affairs and the 

Committee on Appropriations of the Senate and the Committee 

on Transportation and Infrastructure and the Committee on 

Appropriations of the House of Representatives a report that 

includes a proposed amount to be available to finance grants 

for anticipated projects under this subsection. 

(12) BEFORE AND AFTER STUDY AND REPORT.— 

(A) STUDY REQUIRED.—Each recipient shall conduct a 

study that— 

(i) describes and analyzes the impacts of the 

eligible project on public transportation services and 

public transportation ridership; 

(ii) describes and analyzes the consistency of predicted and actual benefits and costs of the innovative 

project development and delivery methods or innovative financing for the eligible project; and 

(iii) identifies reasons for any differences between 

predicted and actual outcomes for the eligible project. 

(B) SUBMISSION OF REPORT.—Not later than 2 years 

after an eligible project that is selected under this subsection begins revenue operations, the recipient shall 

submit to the Secretary a report on the results of the 

study conducted under subparagraph (A). 

(13) RULE OF CONSTRUCTION.—Nothing in this subsection 

shall be construed to— 

(A) require the privatization of the operation or maintenance of any project for which an applicant seeks funding 

under this subsection; 


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(B) revise the determinations by local policies, criteria, 

and decisionmaking under section 5306(a) of title 49, 

United States Code; 

(C) alter the requirements for locally developed, coordinated, and implemented transportation plans under sections 5303 and 5304 of title 49, United States Code; or 

(D) alter the eligibilities or priorities for assistance 

under this subsection or section 5309 of title 49, United 

States Code. 

SEC. 3006. ENHANCED MOBILITY OF SENIORS AND INDIVIDUALS WITH 

DISABILITIES. 

(a) IN GENERAL.—Section 5310 of title 49, United States Code, 

is amended— 

(1) in subsection (a), by striking paragraph (1) and inserting 

the following: 

‘‘(1) RECIPIENT.—The term ‘recipient’ means— 

‘‘(A) a designated recipient or a State that receives 

a grant under this section directly; or 

‘‘(B) a State or local governmental entity that operates 

a public transportation service.’’; and 

(2) by adding at the end the following: 

‘‘(i) BEST PRACTICES.—The Secretary shall collect from, review, 

and disseminate to public transportation agencies— 

‘‘(1) innovative practices; 

‘‘(2) program models; 

‘‘(3) new service delivery options; 

‘‘(4) findings from activities under subsection (h); and 

‘‘(5) transit cooperative research program reports.’’. 

(b) PILOT PROGRAM FOR INNOVATIVE COORDINATED ACCESS AND

MOBILITY.— 

(1) DEFINITIONS.—In this subsection— 

(A) the term ‘‘eligible project’’ has the meaning given 

the term ‘‘capital project’’ in section 5302 of title 49, United 

States Code; and 

(B) the term ‘‘eligible recipient’’ means a recipient or 

subrecipient, as those terms are defined in section 5310 

of title 49, United States Code. 

(2) GENERAL AUTHORITY.—The Secretary may make grants 

under this subsection to eligible recipients to assist in financing 

innovative projects for the transportation disadvantaged that 

improve the coordination of transportation services and nonemergency medical transportation services, including— 

(A) the deployment of coordination technology; 

(B) projects that create or increase access to community 

One-Call/One-Click Centers; and 

(C) such other projects as determined appropriate by 

the Secretary. 

(3) APPLICATION.—An eligible recipient shall submit to the 

Secretary an application that, at a minimum, contains— 

(A) a detailed description of the eligible project; 

(B) an identification of all eligible project partners 

and their specific role in the eligible project, including— 

(i) private entities engaged in the coordination of 

nonemergency medical transportation services for the 

transportation disadvantaged; or 

49 USC 5310 

note. 


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(ii) nonprofit entities engaged in the coordination 

of nonemergency medical transportation services for 

the transportation disadvantaged; 

(C) a description of how the eligible project would— 

(i) improve local coordination or access to coordinated transportation services; 

(ii) reduce duplication of service, if applicable; and 

(iii) provide innovative solutions in the State or 

community; and 

(D) specific performance measures the eligible project 

will use to quantify actual outcomes against expected outcomes. 

(4) REPORT.—The Secretary shall make publicly available 

an annual report on the pilot program carried out under this 

subsection for each fiscal year, not later than December 31 

of the calendar year in which that fiscal year ends. The report 

shall include a detailed description of the activities carried 

out under the pilot program, and an evaluation of the program, 

including an evaluation of the performance measures described 

in paragraph (3)(D). 

(5) GOVERNMENT SHARE OF COSTS.— 

(A) IN GENERAL.—The Government share of the cost 

of an eligible project carried out under this subsection 

shall not exceed 80 percent. 

(B) NON-GOVERNMENT SHARE.—The non-Government 

share of the cost of an eligible project carried out under 

this subsection may be derived from in-kind contributions. 

(6) RULE OF CONSTRUCTION.—For purposes of this subsection, nonemergency medical transportation services shall be 

limited to services eligible under Federal programs other than 

programs authorized under chapter 53 of title 49, United States 

Code. 

(c) COORDINATED MOBILITY.— 

(1) DEFINITIONS.—In this subsection, the following definitions apply: 

(A) ALLOCATED COST MODEL.—The term ‘‘allocated cost 

model’’ means a method of determining the cost of trips 

by allocating the cost to each trip purpose served by a 

transportation provider in a manner that is proportional 

to the level of transportation service that the transportation 

provider delivers for each trip purpose, to the extent permitted by applicable Federal laws. 

(B) COUNCIL.—The term ‘‘Council’’ means the Interagency Transportation Coordinating Council on Access and 

Mobility established under Executive Order No. 13330 (49 

U.S.C. 101 note). 

(2) STRATEGIC PLAN.—Not later than 1 year after the date 

of enactment of this Act, the Council shall publish a strategic 

plan for the Council that— 

(A) outlines the role and responsibilities of each Federal agency with respect to local transportation coordination, including nonemergency medical transportation; 

(B) identifies a strategy to strengthen interagency 

collaboration; 

(C) addresses any outstanding recommendations made 

by the Council in the 2005 Report to the President relating 


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to the implementation of Executive Order No. 13330, 

including— 

(i) a cost-sharing policy endorsed by the Council; 

and 

(ii) recommendations to increase participation by 

recipients of Federal grants in locally developed, coordinated planning processes; 

(D) to the extent feasible, addresses recommendations 

by the Comptroller General concerning local coordination 

of transportation services; 

(E) examines and proposes changes to Federal regulations that will eliminate Federal barriers to local transportation coordination, including non-emergency medical 

transportation; and 

(F) recommends to Congress changes to Federal laws, 

including chapter 7 of title 42, United States Code, that 

will eliminate Federal barriers to local transportation 

coordination, including nonemergency medical transportation. 

(3) DEVELOPMENT OF COST-SHARING POLICY IN COMPLIANCE

WITH APPLICABLE FEDERAL LAWS.—In establishing the costsharing policy required under paragraph (2), the Council may 

consider, to the extent practicable— 

(A) the development of recommended strategies for 

grantees of programs funded by members of the Council, 

including strategies for grantees of programs that fund 

nonemergency medical transportation, to use the costsharing policy in a manner that does not violate applicable 

Federal laws; and 

(B) incorporation of an allocated cost model to facilitate 

local coordination efforts that comply with applicable 

requirements of programs funded by members of the 

Council, such as— 

(i) eligibility requirements; 

(ii) service delivery requirements; and 

(iii) reimbursement requirements. 

(4) REPORT.—The Council shall, concurrently with submission to the President of a report containing final recommendations of the Council, transmit such report to the Committee 

on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and 

Urban Affairs of the Senate. 

SEC. 3007. FORMULA GRANTS FOR RURAL AREAS. 

(a) IN GENERAL.—Section 5311 of title 49, United States Code, 

is amended— 

(1) in subsection (c)(1), by striking subparagraphs (A) and 

(B) and inserting the following: 

‘‘(A) $5,000,000 for each fiscal year shall be distributed 

on a competitive basis by the Secretary. 

‘‘(B) $30,000,000 for each fiscal year shall be apportioned as formula grants, as provided in subsection (j).’’; 

(2) in subsection (g)(3)— 

(A) by redesignating subparagraphs (A) through (D) 

as subparagraphs (C) through (F), respectively; 

(B) by inserting before subparagraph (C) (as so redesignated) the following: 


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‘‘(A) may be provided in cash from non-Government 

sources; 

‘‘(B) may be provided from revenues from the sale 

of advertising and concessions;’’; 

(C) in subparagraph (F) (as so redesignated) by 

inserting ‘‘, including all operating and capital costs of 

such service whether or not offset by revenue from such 

service,’’ after ‘‘the costs of a private operator for the unsubsidized segment of intercity bus service’’; and 

(3) in subsection (j)(1)— 

(A) in subparagraph (A)(iii), by striking ‘‘(as defined 

by the Bureau of the Census)’’ and inserting ‘‘(American 

Indian Areas, Alaska Native Areas, and Hawaiian Home 

Lands, as defined by the Bureau of the Census)’’; and 

(B) by adding at the end the following: 

‘‘(E) ALLOCATION BETWEEN MULTIPLE INDIAN TRIBES.— If more than 1 Indian tribe provides public transportation 

service on tribal lands in a single Tribal Statistical Area, 

and the Indian tribes do not determine how to allocate 

the funds apportioned under clause (iii) of subparagraph 

(A) between the Indian tribes, the Secretary shall allocate 

the funds so that each Indian tribe shall receive an amount 

equal to the total amount apportioned under such clause 

(iii) multiplied by the ratio of the number of annual 

unlinked passenger trips provided by each Indian tribe, 

as reported to the National Transit Database, to the total 

unlinked passenger trips provided by all Indian tribes in 

the Tribal Statistical Area.’’. 

(b) CONFORMING AMENDMENTS.—Section 5311 of such title is 

further amended— 

(1) in subsection (b) by striking ‘‘5338(a)(2)(E)’’ and 

inserting ‘‘5338(a)(2)(F)’’; 

(2) in subsection (c)— 

(A) in paragraph (1), in the matter preceding subparagraph (A), by striking ‘‘5338(a)(2)(E)’’ and inserting 

‘‘5338(a)(2)(F)’’; 

(B) in paragraph (2)(C), by striking ‘‘5338(a)(2)(E)’’ and 

inserting ‘‘5338(a)(2)(F)’’; and 

(C) in paragraph (3)(A), by striking ‘‘5338(a)(2)(E)’’ and 

inserting ‘‘5338(a)(2)(F)’’. 

SEC. 3008. PUBLIC TRANSPORTATION INNOVATION. 

(a) CONSOLIDATION OF PROGRAMS.—Section 5312 of title 49, 

United States Code, is amended— 

(1) by striking the section designation and heading and 

inserting the following: 

‘‘§ 5312. Public transportation innovation’’; 

(2) by redesignating subsections (a) through (f) as subsections (b) through (g), respectively; 

(3) by inserting before subsection (b) (as so redesignated) 

the following: 

‘‘(a) IN GENERAL.—The Secretary shall provide assistance for 

projects and activities to advance innovative public transportation 

research and development in accordance with the requirements 

of this section.’’; 

(4) in subsection (e) (as so redesignated)— 


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(A) in paragraph (3)— 

(i) in the matter preceding subparagraph (A), by 

inserting ‘‘demonstration, deployment, or evaluation’’ 

before ‘‘project that’’; 

(ii) in subparagraph (A), by striking ‘‘and’’ at the 

end; 

(iii) in subparagraph (B), by striking the period 

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

(iv) by adding at the end the following: 

‘‘(C) the deployment of low or no emission vehicles, 

zero emission vehicles, or associated advanced technology.’’; 

and 

(B) by striking paragraph (5) and inserting the following: 

‘‘(5) PROHIBITION.—The Secretary may not make grants 

under this subsection for the demonstration, deployment, or 

evaluation of a vehicle that is in revenue service unless the 

Secretary determines that the project makes significant technological advancements in the vehicle. 

‘‘(6) DEFINITIONS.—In this subsection— 

‘‘(A) the term ‘direct carbon emissions’ means the 

quantity of direct greenhouse gas emissions from a vehicle, 

as determined by the Administrator of the Environmental 

Protection Agency; 

‘‘(B) the term ‘low or no emission vehicle’ means— 

‘‘(i) a passenger vehicle used to provide public 

transportation that the Secretary determines sufficiently reduces energy consumption or harmful emissions, including direct carbon emissions, when compared to a comparable standard vehicle; or 

‘‘(ii) a zero emission vehicle used to provide public 

transportation; and 

‘‘(C) the term ‘zero emission vehicle’ means a low or 

no emission vehicle that produces no carbon or particulate 

matter.’’; 

(5) by adding at the end the following: 

‘‘(h) LOW OR NO EMISSION VEHICLE COMPONENT ASSESSMENT.— 

‘‘(1) DEFINITIONS.—In this subsection— 

‘‘(A) the term ‘covered institution of higher education’ 

means an institution of higher education with which the 

Secretary enters into a contract or cooperative agreement, 

or to which the Secretary makes a grant, under paragraph 

(2)(B) to operate a facility selected under paragraph (2)(A); 

‘‘(B) the terms ‘direct carbon emissions’ and ‘low or 

no emission vehicle’ have the meanings given those terms 

in subsection (e)(6); 

‘‘(C) the term ‘institution of higher education’ has the 

meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002); and 

‘‘(D) the term ‘low or no emission vehicle component’ 

means an item that is separately installed in and removable 

from a low or no emission vehicle. 

‘‘(2) ASSESSING LOW OR NO EMISSION VEHICLE COMPONENTS.— 

‘‘(A) IN GENERAL.—The Secretary shall competitively 

select at least one facility to conduct testing, evaluation, 


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and analysis of low or no emission vehicle components 

intended for use in low or no emission vehicles. 

‘‘(B) OPERATION AND MAINTENANCE.— 

‘‘(i) IN GENERAL.—The Secretary shall enter into 

a contract or cooperative agreement with, or make 

a grant to, at least one institution of higher education 

to operate and maintain a facility selected under 

subparagraph (A). 

‘‘(ii) REQUIREMENTS.—An institution of higher education described in clause (i) shall have— 

‘‘(I) capacity to carry out transportationrelated advanced component and vehicle evaluation; 

‘‘(II) laboratories capable of testing and evaluation; and 

‘‘(III) direct access to or a partnership with 

a testing facility capable of emulating real-world 

circumstances in order to test low or no emission 

vehicle components installed on the intended 

vehicle. 

‘‘(C) FEES.—A covered institution of higher education 

shall establish and collect fees, which shall be approved 

by the Secretary, for the assessment of low or no emission 

vehicle components at the applicable facility selected under 

subparagraph (A). 

‘‘(D) AVAILABILITY OF AMOUNTS TO PAY FOR ASSESSMENT.—The Secretary shall enter into a contract or 

cooperative agreement with, or make a grant to an institution of higher education under which— 

‘‘(i) the Secretary shall pay 50 percent of the cost 

of assessing a low or no emission vehicle component 

at the applicable facility selected under subparagraph 

(A) from amounts made available to carry out this 

section; and 

‘‘(ii) the remaining 50 percent of such cost shall 

be paid from amounts recovered through the fees established and collected pursuant to subparagraph (C). 

‘‘(E) VOLUNTARY TESTING.—A manufacturer of a low 

or no emission vehicle component is not required to assess 

the low or no emission vehicle component at a facility 

selected under subparagraph (A). 

‘‘(F) COMPLIANCE WITH SECTION 5318.—Notwithstanding 

whether a low or no emission vehicle component is assessed 

at a facility selected under subparagraph (A), each new 

bus model shall comply with the requirements under section 5318. 

‘‘(G) SEPARATE FACILITY.—A facility selected under 

subparagraph (A) shall be separate and distinct from the 

facility operated and maintained under section 5318. 

‘‘(3) LOW OR NO EMISSION VEHICLE COMPONENT PERFORMANCE REPORTS.—Not later than 2 years after the date of enactment of the Federal Public Transportation Act of 2015, and 

annually thereafter, the Secretary shall issue a report on low 

or no emission vehicle component assessments conducted at 

each facility selected under paragraph (2)(A), which shall 

include information related to the maintainability, reliability, 


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performance, structural integrity, efficiency, and noise of those 

low or no emission vehicle components. 

‘‘(4) PUBLIC AVAILABILITY OF ASSESSMENTS.—Each assessment conducted at a facility selected under paragraph (2)(A) 

shall be made publicly available, including to affected industries. 

‘‘(5) RULE OF CONSTRUCTION.—Nothing in this subsection 

shall be construed to require— 

‘‘(A) a low or no emission vehicle component to be 

tested at a facility selected under paragraph (2)(A); or 

‘‘(B) the development or disclosure of a privately funded 

component assessment.’’. 

(6) in subsection (f) (as so redesignated)— 

(A) by striking ‘‘(f)’’ and all that follows before paragraph (1) and inserting the following: 

‘‘(g) ANNUAL REPORT ON RESEARCH.—Not later than the first 

Monday in February of each year, the Secretary shall make available to the public on the Web site of the Department of Transportation, a report that includes—’’; and 

(B) in paragraph (1) by adding ‘‘and’’ at the end; 

(C) in paragraph (2) by striking ‘‘; and’’ and inserting 

a period; and 

(D) by striking paragraph (3); and 

(7) by adding at the end the following: 

‘‘(i) TRANSIT COOPERATIVE RESEARCH PROGRAM.— 

‘‘(1) IN GENERAL.—The amounts made available under section 5338(a)(2)(G)(ii) are available for a public transportation 

cooperative research program. 

‘‘(2) INDEPENDENT GOVERNING BOARD.— 

‘‘(A) ESTABLISHMENT.—The Secretary shall establish 

an independent governing board for the program under 

this subsection. 

‘‘(B) RECOMMENDATIONS.—The board shall recommend 

public transportation research, development, and technology transfer activities the Secretary considers appropriate. 

‘‘(3) FEDERAL ASSISTANCE.—The Secretary may make grants 

to, and enter into cooperative agreements with, the National 

Academy of Sciences to carry out activities under this subsection that the Secretary considers appropriate. 

‘‘(4) GOVERNMENT SHARE OF COSTS.—If there would be a 

clear and direct financial benefit to an entity under a grant 

or contract financed under this subsection, the Secretary shall 

establish a Government share consistent with that benefit. 

‘‘(5) LIMITATION ON APPLICABILITY.—Subsections (f) and (g) 

shall not apply to activities carried out under this subsection.’’. 

(b) CONFORMING AMENDMENTS.—Section 5312 of such title (as 

amended by subsection (a) of this section) is further amended— 

(1) in subsection (c)(1) by striking ‘‘subsection (a)(2)’’ and 

inserting ‘‘subsection (b)(2)’’; 

(2) in subsection (d)— 

(A) in paragraph (1) by striking ‘‘subsection (a)(2)’’ 

and inserting ‘‘subsection (b)(2)’’; and 

(B) in paragraph (2)(A) by striking ‘‘subsection (b)’’ 

and inserting ‘‘subsection (c)’’; 


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(3) in subsection (e)(2) in each of subparagraphs (A) and 

(B) by striking ‘‘subsection (a)(2)’’ and inserting ‘‘subsection 

(b)(2)’’; and 

(4) in subsection (f)(2) by striking ‘‘subsection (d)(4)’’ and 

inserting ‘‘subsection (e)(4)’’. 

(c) CLERICAL AMENDMENT.—The analysis for chapter 53 of such 

title is amended by striking the item relating to section 5312 

and inserting the following: 

‘‘5312. Public transportation innovation.’’. 

SEC. 3009. TECHNICAL ASSISTANCE AND WORKFORCE DEVELOPMENT. 

(a) IN GENERAL.—Section 5314 of title 49, United States Code, 

is amended to read as follows: 

‘‘§ 5314. Technical assistance and workforce development 

‘‘(a) TECHNICAL ASSISTANCE AND STANDARDS.— 

‘‘(1) TECHNICAL ASSISTANCE AND STANDARDS DEVELOPMENT.— 

‘‘(A) IN GENERAL.—The Secretary may make grants 

and enter into contracts, cooperative agreements, and other 

agreements (including agreements with departments, agencies, and instrumentalities of the Government) to carry 

out activities that the Secretary determines will assist 

recipients of assistance under this chapter to— 

‘‘(i) more effectively and efficiently provide public 

transportation service; 

‘‘(ii) administer funds received under this chapter 

in compliance with Federal law; and 

‘‘(iii) improve public transportation. 

‘‘(B) ELIGIBLE ACTIVITIES.—The activities carried out 

under subparagraph (A) may include— 

‘‘(i) technical assistance; and 

‘‘(ii) the development of voluntary and consensusbased standards and best practices by the public 

transportation industry, including standards and best 

practices for safety, fare collection, intelligent transportation systems, accessibility, procurement, security, 

asset management to maintain a state of good repair, 

operations, maintenance, vehicle propulsion, communications, and vehicle electronics. 

‘‘(2) TECHNICAL ASSISTANCE.—The Secretary, through a 

competitive bid process, may enter into contracts, cooperative 

agreements, and other agreements with national nonprofit 

organizations that have the appropriate demonstrated capacity 

to provide public-transportation-related technical assistance 

under this subsection. The Secretary may enter into such contracts, cooperative agreements, and other agreements to assist 

providers of public transportation to— 

‘‘(A) comply with the Americans with Disabilities Act 

of 1990 (42 U.S.C. 12101 et seq.) through technical assistance, demonstration programs, research, public education, 

and other activities related to complying with such Act; 

‘‘(B) comply with human services transportation 

coordination requirements and to enhance the coordination 

of Federal resources for human services transportation with 

49 USC 

prec. 5301. 


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those of the Department of Transportation through technical assistance, training, and support services related to 

complying with such requirements; 

‘‘(C) meet the transportation needs of elderly individuals; 

‘‘(D) increase transit ridership in coordination with 

metropolitan planning organizations and other entities 

through development around public transportation stations 

through technical assistance and the development of tools, 

guidance, and analysis related to market-based development around transit stations; 

‘‘(E) address transportation equity with regard to the 

effect that transportation planning, investment, and operations have for low-income and minority individuals; 

‘‘(F) facilitate best practices to promote bus driver 

safety; 

‘‘(G) meet the requirements of sections 5323(j) and 

5323(m); 

‘‘(H) assist with the development and deployment of 

low or no emission vehicles (as defined in section 5339(c)(1)) 

or low or no emission vehicle components (as defined in 

section 5312(h)(1)); and 

‘‘(I) any other technical assistance activity that the 

Secretary determines is necessary to advance the interests 

of public transportation. 

‘‘(3) ANNUAL REPORT ON TECHNICAL ASSISTANCE.—Not later 

than the first Monday in February of each year, the Secretary 

shall submit to the Committee on Banking, Housing, and Urban 

Affairs and the Committee on Appropriations of the Senate 

and the Committee on Transportation and Infrastructure, the 

Committee on Science, Space, and Technology, and the Committee on Appropriations of the House of Representatives a 

report that includes— 

‘‘(A) a description of each project that received assistance under this subsection during the preceding fiscal year; 

‘‘(B) an evaluation of the activities carried out by each 

organization that received assistance under this subsection 

during the preceding fiscal year; 

‘‘(C) a proposal for allocations of amounts for assistance 

under this subsection for the subsequent fiscal year; and 

‘‘(D) measurable outcomes and impacts of the programs 

funded under subsections (b) and (c). 

‘‘(4) GOVERNMENT SHARE OF COSTS.— 

‘‘(A) IN GENERAL.—The Government share of the cost 

of an activity carried out using a grant under this subsection may not exceed 80 percent. 

‘‘(B) NON-GOVERNMENT SHARE.—The non-Government 

share of the cost of an activity carried out using a grant 

under this subsection may be derived from in-kind contributions. 

‘‘(b) HUMAN RESOURCES AND TRAINING.— 

‘‘(1) IN GENERAL.—The Secretary may undertake, or make 

grants and contracts for, programs that address human 

resource needs as they apply to public transportation activities. 

A program may include— 

‘‘(A) an employment training program; 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1471 

‘‘(B) an outreach program to increase employment for 

veterans, females, individuals with a disability, minorities 

(including American Indians or Alaska Natives, Asian, 

Black or African Americans, native Hawaiians or other 

Pacific Islanders, and Hispanics) in public transportation 

activities; 

‘‘(C) research on public transportation personnel and 

training needs; 

‘‘(D) training and assistance for veteran and minority 

business opportunities; and 

‘‘(E) consensus-based national training standards and 

certifications in partnership with industry stakeholders. 

‘‘(2) INNOVATIVE PUBLIC TRANSPORTATION FRONTLINE

WORKFORCE DEVELOPMENT PROGRAM.— 

‘‘(A) IN GENERAL.—The Secretary shall establish a 

competitive grant program to assist the development of 

innovative activities eligible for assistance under paragraph 

(1). 

‘‘(B) ELIGIBLE PROGRAMS.—A program eligible for 

assistance under paragraph (1) shall— 

‘‘(i) develop apprenticeships, on-the-job training, 

and instructional training for public transportation 

maintenance and operations occupations; 

‘‘(ii) build local, regional, and statewide public 

transportation training partnerships with local public 

transportation operators, labor union organizations, 

workforce development boards, and State workforce 

agencies to identify and address workforce skill gaps; 

‘‘(iii) improve safety, security, and emergency 

preparedness in local public transportation systems 

through improved safety culture and workforce communication with first responders and the riding public; 

and 

‘‘(iv) address current or projected workforce shortages by developing partnerships with high schools, 

community colleges, and other community organizations. 

‘‘(C) SELECTION OF RECIPIENTS.—To the maximum 

extent feasible, the Secretary shall select recipients that— 

‘‘(i) are geographically diverse; 

‘‘(ii) address the workforce and human resources 

needs of large public transportation providers; 

‘‘(iii) address the workforce and human resources 

needs of small public transportation providers; 

‘‘(iv) address the workforce and human resources 

needs of urban public transportation providers; 

‘‘(v) address the workforce and human resources 

needs of rural public transportation providers; 

‘‘(vi) advance training related to maintenance of 

low or no emission vehicles and facilities used in public 

transportation; 

‘‘(vii) target areas with high rates of unemployment; 

‘‘(viii) advance opportunities for minorities, women, 

veterans, individuals with disabilities, low-income 

populations, and other underserved populations; and 


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129 STAT. 1472 PUBLIC LAW 114–94—DEC. 4, 2015 

‘‘(ix) address in-demand industry sector or occupation, as such term is defined in section 3 of the 

Workforce Innovation and Opportunity Act (29 U.S.C. 

3102). 

‘‘(D) PROGRAM OUTCOMES.—A recipient of assistance 

under this subsection shall demonstrate outcomes for any 

program that includes skills training, on-the-job training, 

and work-based learning, including— 

‘‘(i) the impact on reducing public transportation 

workforce shortages in the area served; 

‘‘(ii) the diversity of training participants; 

‘‘(iii) the number of participants obtaining certifications or credentials required for specific types of 

employment; 

‘‘(iv) employment outcomes, including job placement, job retention, and wages, using performance 

metrics established in consultation with the Secretary 

and the Secretary of Labor and consistent with metrics 

used by programs under the Workforce Innovation and 

Opportunity Act (29 U.S.C. 3101 et seq.); and 

‘‘(v) to the extent practical, evidence that the program did not preclude workers who are participating 

in skills training, on-the-job training, and work-based 

learning from being referred to, or hired on, projects 

funded under this chapter without regard to the length 

of time of their participation in the program. 

‘‘(E) REPORT TO CONGRESS.—The Secretary shall make 

publicly available a report on the Frontline Workforce 

Development Program for each fiscal year, not later than 

December 31 of the calendar year in which that fiscal 

year ends. The report shall include a detailed description 

of activities carried out under this paragraph, an evaluation 

of the program, and policy recommendations to improve 

program effectiveness. 

‘‘(3) GOVERNMENT’S SHARE OF COSTS.—The Government 

share of the cost of a project carried out using a grant under 

paragraph (1) or (2) shall be 50 percent. 

‘‘(4) AVAILABILITY OF AMOUNTS.—Not more than 0.5 percent 

of amounts made available to a recipient under sections 5307, 

5337, and 5339 is available for expenditures by the recipient, 

with the approval of the Secretary, to pay not more than 

80 percent of the cost of eligible activities under this subsection. 

‘‘(c) NATIONAL TRANSIT INSTITUTE.— 

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

national transit institute and award grants to a public 4-year 

degree-granting institution of higher education, as defined in 

section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 

1001(a)), in order to carry out the duties of the institute. 

‘‘(2) DUTIES.— 

‘‘(A) IN GENERAL.—In cooperation with the Federal 

Transit Administration, State transportation departments, 

public transportation authorities, and national and international entities, the institute established under paragraph 

(1) shall develop and conduct training and educational 

programs for Federal, State, and local transportation 

employees, United States citizens, and foreign nationals 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1473 

engaged or to be engaged in Government-aid public 

transportation work. 

‘‘(B) TRAINING AND EDUCATIONAL PROGRAMS.—The 

training and educational programs developed under 

subparagraph (A) may include courses in recent developments, techniques, and procedures related to— 

‘‘(i) intermodal and public transportation planning; 

‘‘(ii) management; 

‘‘(iii) environmental factors; 

‘‘(iv) acquisition and joint use rights-of-way; 

‘‘(v) engineering and architectural design; 

‘‘(vi) procurement strategies for public transportation systems; 

‘‘(vii) turnkey approaches to delivering public 

transportation systems; 

‘‘(viii) new technologies; 

‘‘(ix) emission reduction technologies; 

‘‘(x) ways to make public transportation accessible 

to individuals with disabilities; 

‘‘(xi) construction, construction management, 

insurance, and risk management; 

‘‘(xii) maintenance; 

‘‘(xiii) contract administration; 

‘‘(xiv) inspection; 

‘‘(xv) innovative finance; 

‘‘(xvi) workplace safety; and 

‘‘(xvii) public transportation security. 

‘‘(3) PROVISION FOR EDUCATION AND TRAINING.—Education 

and training of Government, State, and local transportation 

employees under this subsection shall be provided— 

‘‘(A) by the Secretary at no cost to the States and 

local governments for subjects that are a Government program responsibility; or 

‘‘(B) when the education and training are paid under 

paragraph (4), by the State, with the approval of the Secretary, through grants and contracts with public and private agencies, other institutions, individuals, and the 

institute. 

‘‘(4) AVAILABILITY OF AMOUNTS.— 

‘‘(A) IN GENERAL.—Not more than 0.5 percent of 

amounts made available to a recipient under sections 5307, 

5337, and 5339 is available for expenditures by the 

recipient, with the approval of the Secretary, to pay not 

more than 80 percent of the cost of eligible activities under 

this subsection. 

‘‘(B) EXISTING PROGRAMS.—A recipient may use 

amounts made available under subparagraph (A) to carry 

out existing local education and training programs for 

public transportation employees supported by the Secretary, the Department of Labor, or the Department of 

Education.’’. 

(b) CLERICAL AMENDMENT.—The analysis for chapter 53 of such 

title is amended by striking the item relating to section 5314 

and inserting the following: 

‘‘5314. Technical assistance and workforce development.’’. 

49 USC 

prec. 5301. 


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129 STAT. 1474 PUBLIC LAW 114–94—DEC. 4, 2015 

SEC. 3010. PRIVATE SECTOR PARTICIPATION. 

(a) IN GENERAL.—Section 5315 of title 49, United States Code, 

is amended by adding at the end the following: 

‘‘(d) RULE OF CONSTRUCTION.—Nothing in this section shall 

be construed to alter— 

‘‘(1) the eligibilities, requirements, or priorities for assistance provided under this chapter; or 

‘‘(2) the requirements of section 5306(a).’’. 

(b) MAP–21 TECHNICAL CORRECTION.—Section 20013(d) of 

MAP–21 (Public Law 112–141; 126 Stat. 694) is amended by striking 

‘‘5307(c)’’ and inserting ‘‘5307(b)’’. 

SEC. 3011. GENERAL PROVISIONS. 

Section 5323 of title 49, United States Code, is amended— 

(1) in subsection (h)— 

(A) in paragraph (1), by striking ‘‘or’’ at the end; 

(B) by redesignating paragraph (2) as paragraph (3); 

and 

(C) by inserting after paragraph (1) the following: 

‘‘(2) pay incremental costs of incorporating art or nonfunctional landscaping into facilities, including the costs of 

an artist on the design team; or’’; 

(2) in subsection (j)— 

(A) in paragraph (2), by striking subparagraph (C) 

and inserting the following: 

‘‘(C) when procuring rolling stock (including train control, communication, traction power equipment, and rolling 

stock prototypes) under this chapter— 

‘‘(i) the cost of components and subcomponents 

produced in the United States— 

‘‘(I) for fiscal years 2016 and 2017, is more 

than 60 percent of the cost of all components of 

the rolling stock; 

‘‘(II) for fiscal years 2018 and 2019, is more 

than 65 percent of the cost of all components of 

the rolling stock; and 

‘‘(III) for fiscal year 2020 and each fiscal year 

thereafter, is more than 70 percent of the cost 

of all components of the rolling stock; and 

‘‘(ii) final assembly of the rolling stock has occurred 

in the United States; or’’; 

(B) by redesignating paragraphs (5) through (9) as 

paragraphs (7) through (11), respectively; 

(C) by inserting after paragraph (4) the following: 

‘‘(5) ROLLING STOCK FRAMES OR CAR SHELLS.—In carrying 

out paragraph (2)(C) in the case of a rolling stock procurement 

receiving assistance under this chapter in which the average 

cost of a rolling stock vehicle in the procurement is more 

than $300,000, if rolling stock frames or car shells are not 

produced in the United States, the Secretary shall include 

in the calculation of the domestic content of the rolling stock 

the cost of steel or iron that is produced in the United States 

and used in the rolling stock frames or car shells. 

‘‘(6) CERTIFICATION OF DOMESTIC SUPPLY AND DISCLOSURE.— 

‘‘(A) CERTIFICATION OF DOMESTIC SUPPLY.—If the Secretary denies an application for a waiver under paragraph 

49 USC 5303 

note. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1475 

(2), the Secretary shall provide to the applicant a written 

certification that— 

‘‘(i) the steel, iron, or manufactured goods, as 

applicable, (referred to in this subparagraph as the 

‘item’) is produced in the United States in a sufficient 

and reasonably available amount; 

‘‘(ii) the item produced in the United States is 

of a satisfactory quality; and 

‘‘(iii) includes a list of known manufacturers in 

the United States from which the item can be obtained. 

‘‘(B) DISCLOSURE.—The Secretary shall disclose the 

waiver denial and the written certification to the public 

in an easily identifiable location on the website of the 

Department of Transportation.’’; 

(D) in paragraph (8), as so redesignated, by striking 

‘‘Federal Public Transportation Act of 2012’’ and inserting 

‘‘Federal Public Transportation Act of 2015’’; and 

(E) by inserting after paragraph (11), as so redesignated, the following: 

‘‘(12) STEEL AND IRON.—For purposes of this subsection, 

steel and iron meeting the requirements of section 661.5(b) 

of title 49, Code of Federal Regulations may be considered 

produced in the United States. 

‘‘(13) DEFINITION OF SMALL PURCHASE.—For purposes of 

determining whether a purchase qualifies for a general public 

interest waiver under paragraph (2)(A) of this subsection, 

including under any regulation promulgated under that paragraph, the term ‘small purchase’ means a purchase of not 

more than $150,000.’’; 

(3) in subsection (q)(1), by striking the second sentence; 

and 

(4) by adding at the end the following: 

‘‘(s) VALUE CAPTURE REVENUE ELIGIBLE FOR LOCAL SHARE.— 

Notwithstanding any other provision of law, a recipient of assistance 

under this chapter may use the revenue generated from value 

capture financing mechanisms as local matching funds for capital 

projects and operating costs eligible under this chapter. 

‘‘(t) SPECIAL CONDITION ON CHARTER BUS TRANSPORTATION

SERVICE.—If, in a fiscal year, the Secretary is prohibited by law 

from enforcing regulations related to charter bus service under 

part 604 of title 49, Code of Federal Regulations, for any transit 

agency that during fiscal year 2008 was both initially granted 

a 60-day period to come into compliance with such part 604, and 

then was subsequently granted an exception from such part— 

‘‘(1) the transit agency shall be precluded from receiving 

its allocation of urbanized area formula grant funds for such 

fiscal year; and 

‘‘(2) any amounts withheld pursuant to paragraph (1) shall 

be added to the amount that the Secretary may apportion 

under section 5336 in the following fiscal year.’’. 

SEC. 3012. PROJECT MANAGEMENT OVERSIGHT. 

Section 5327 of title 49, United States Code, is amended— 

(1) in subsection (c) by striking ‘‘section 5338(i)’’ and 

inserting section ‘‘5338(f)’’ ; and 

(2) in subsection (d)— 

(A) in paragraph (1)— 


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129 STAT. 1476 PUBLIC LAW 114–94—DEC. 4, 2015 

(i) by striking ‘‘section 5338(i)’’ and inserting section 5338(f); and 

(ii) by striking ‘‘and’’ at the end; and 

(B) by striking paragraph (2) and inserting the following: 

‘‘(2) a requirement that oversight— 

‘‘(A) begin during the project development phase of 

a project, unless the Secretary finds it more appropriate 

to begin the oversight during another phase of the project, 

to maximize the transportation benefits and cost savings 

associated with project management oversight; and 

‘‘(B) be limited to quarterly reviews of compliance by 

the recipient with the project management plan approved 

under subsection (b) unless the Secretary finds that the 

recipient requires more frequent oversight because the 

recipient has failed to meet the requirements of such plan 

and the project may be at risk of going over budget or 

becoming behind schedule; and 

‘‘(3) a process for recipients that the Secretary has found 

require more frequent oversight to return to quarterly reviews 

for purposes of paragraph (2)(B).’’. 

SEC. 3013. PUBLIC TRANSPORTATION SAFETY PROGRAM. 

Section 5329 of title 49, United States Code, is amended— 

(1) in subsection (b)(2)— 

(A) in subparagraph (C) by striking ‘‘and’’ at the end; 

(B) by redesignating subparagraph (D) as subparagraph (E); and 

(C) by inserting after subparagraph (C) the following: 

‘‘(D) minimum safety standards to ensure the safe operation of public transportation systems that— 

‘‘(i) are not related to performance standards for 

public transportation vehicles developed under 

subparagraph (C); and 

‘‘(ii) to the extent practicable, take into consideration— 

‘‘(I) relevant recommendations of the National 

Transportation Safety Board; 

‘‘(II) best practices standards developed by the 

public transportation industry; 

‘‘(III) any minimum safety standards or 

performance criteria being implemented across the 

public transportation industry; 

‘‘(IV) relevant recommendations from the 

report under section 3020 of the Federal Public 

Transportation Act of 2015; and 

‘‘(V) any additional information that the Secretary determines necessary and appropriate; 

and’’; 

(2) in subsection (e)— 

(A) by redesignating paragraphs (8) and (9) as paragraphs (9) and (10), respectively; and 

(B) by inserting after paragraph (7) the following: 

‘‘(8) FEDERAL SAFETY MANAGEMENT.— 

‘‘(A) IN GENERAL.—If the Secretary determines that 

a State safety oversight program is not being carried out 

in accordance with this section, has become inadequate 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1477 

to ensure the enforcement of Federal safety regulation, 

or is incapable of providing adequate safety oversight consistent with the prevention of substantial risk of death, 

or personal injury, the Secretary shall administer the State 

safety oversight program until the eligible State develops 

a State safety oversight program certified by the Secretary 

in accordance with this subsection. 

‘‘(B) TEMPORARY FEDERAL OVERSIGHT.—In making a 

determination under subparagraph (A), the Secretary 

shall— 

‘‘(i) transmit to the eligible State and affected 

recipient or recipients, a written explanation of the 

determination or subsequent finding, including any 

intention to withhold funding under this section, the 

amount of funds proposed to be withheld, and if 

applicable, a formal notice of a withdrawal of State 

safety oversight program approval; and 

‘‘(ii) require the State to submit a State safety 

oversight program or modification for certification by 

the Secretary that meets the requirements of this subsection. 

‘‘(C) FAILURE TO CORRECT.—If the Secretary determines 

in accordance with subparagraph (A), that a State safety 

oversight program or modification required pursuant to 

subparagraph (B)(ii), submitted by a State is not sufficient, 

the Secretary may— 

‘‘(i) withhold funds available under paragraph (6) 

in an amount determined by the Secretary; 

‘‘(ii) beginning 1 year after the date of the determination, withhold not more than 5 percent of the 

amount required to be appropriated for use in a State 

or an urbanized area in the State under section 5307, 

until the State safety oversight program or modification has been certified; and 

‘‘(iii) use any other authorities authorized under 

this chapter considered necessary and appropriate. 

‘‘(D) ADMINISTRATIVE AND OVERSIGHT ACTIVITIES.—To 

carry out administrative and oversight activities authorized 

by this paragraph, the Secretary may use grant funds 

apportioned to an eligible State, under paragraph (6), to 

develop or carry out a State safety oversight program.’’; 

(3) in subsection (f)(2), by inserting ‘‘or the public transportation industry generally’’ after ‘‘recipients’’; 

(4) in subsection (g)(1)— 

(A) in the matter preceding subparagraph (A) by 

striking ‘‘an eligible State, as defined in subsection (e),’’ 

and inserting ‘‘a recipient’’; 

(B) in subparagraph (C) by striking ‘‘and’’ at the end; 

(C) in subparagraph (D) by striking the period at the 

end and inserting ‘‘; and’’; and 

(D) by adding at the end the following: 

‘‘(E) withholding not more than 25 percent of financial 

assistance under section 5307.’’; 

(5) in subsection (g)(2)(A)— 

(A) by inserting after ‘‘funds’’ the following: ‘‘or withhold funds’’; and 


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129 STAT. 1478 PUBLIC LAW 114–94—DEC. 4, 2015 

(B) by inserting ‘‘or (1)(E)’’ after ‘‘paragraph (1)(D)’’; 

and 

(6) by striking subsection (h) and inserting the following: 

‘‘(h) RESTRICTIONS AND PROHIBITIONS.— ‘‘(1) RESTRICTIONS AND PROHIBITIONS.—The Secretary shall 

issue restrictions and prohibitions by whatever means are 

determined necessary and appropriate, without regard to section 5334(c), if, through testing, inspection, investigation, audit, 

or research carried out under this chapter, the Secretary determines that an unsafe condition or practice, or a combination 

of unsafe conditions and practices, exist such that there is 

a substantial risk of death or personal injury. 

‘‘(2) NOTICE.—The notice of restriction or prohibition shall 

describe the condition or practice, the subsequent risk and 

the standards and procedures required to address the restriction or prohibition. 

‘‘(3) CONTINUED AUTHORITY.—Nothing in this subsection 

shall be construed as limiting the Secretary’s authority to maintain a restriction or prohibition for as long as is necessary 

to ensure that the risk has been substantially addressed.’’. 

SEC. 3014. APPORTIONMENTS. 

Section 5336 of title 49, United States Code, is amended— 

(1) in subsection (a) in the matter preceding paragraph 

(1) by striking ‘‘subsection (h)(4)’’ and inserting ‘‘subsection 

(h)(5)’’; 

(2) in subsection (b)(2)(E) by striking ‘‘22.27 percent’’ and 

inserting ‘‘27 percent’’; and 

(3) in subsection (h)— 

(A) by striking paragraph (1) and inserting the following: 

‘‘(1) $30,000,000 shall be set aside each fiscal year to carry 

out section 5307(h);’’; and 

(B) by striking paragraph (3) and inserting the following: 

‘‘(3) of amounts not apportioned under paragraphs (1) and 

(2)— 

‘‘(A) for fiscal years 2016 through 2018, 1.5 percent 

shall be apportioned to urbanized areas with populations 

of less than 200,000 in accordance with subsection (i); 

and 

‘‘(B) for fiscal years 2019 and 2020, 2 percent shall 

be apportioned to urbanized areas with populations of less 

than 200,000 in accordance with subsection (i);’’. 

SEC. 3015. STATE OF GOOD REPAIR GRANTS. 

(a) IN GENERAL.—Section 5337 of title 49, United States Code, 

is amended— 

(1) in subsection (c)(2)(B), by inserting ‘‘the provisions of’’ 

before ‘‘section 5336(b)(1)’’; 

(2) in subsection (d)— 

(A) in paragraph (2) by inserting ‘‘vehicle’’ after 

‘‘motorbus’’; and 

(B) by adding at the end the following: 

‘‘(5) USE OF FUNDS.—Amounts apportioned under this subsection may be used for any project that is an eligible project 

under subsection (b)(1).’’; and 

(3) by adding at the end the following: 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1479 

‘‘(e) GOVERNMENT SHARE OF COSTS.— ‘‘(1) CAPITAL PROJECTS.—A grant for a capital project under 

this section shall be for 80 percent of the net project cost 

of the project. The recipient may provide additional local 

matching amounts. 

‘‘(2) REMAINING COSTS.—The remainder of the net project 

cost shall be provided— 

‘‘(A) in cash from non-Government sources; 

‘‘(B) from revenues derived from the sale of advertising 

and concessions; or 

‘‘(C) from an undistributed cash surplus, a replacement 

or depreciation cash fund or reserve, or new capital.’’. 

(b) CONFORMING AMENDMENTS.—Section 5337 of such title is 

further amended— 

(1) in subsection (c)(1) by striking ‘‘5338(a)(2)(I)’’ and 

inserting ‘‘5338(a)(2)(K)’’; and 

(2) in subsection (d)(2) by striking ‘‘5338(a)(2)(I)’’ and 

inserting ‘‘5338(a)(2)(K)’’. 

SEC. 3016. AUTHORIZATIONS. 

Section 5338 of title 49, United States Code, is amended to 

read as follows: 

‘‘SEC. 5338. AUTHORIZATIONS. 

‘‘(a) GRANTS.— ‘‘(1) IN GENERAL.—There shall be available from the Mass 

Transit Account of the Highway Trust Fund to carry out sections 5305, 5307, 5310, 5311, 5312, 5314, 5318, 5335, 5337, 

5339, and 5340, section 20005(b) of the Federal Public 

Transportation Act of 2012, and sections 3006(b) of the Federal 

Public Transportation Act of 2015— ‘‘(A) $9,347,604,639 for fiscal year 2016; 

‘‘(B) $9,534,706,043 for fiscal year 2017; 

‘‘(C) $9,733,353,407 for fiscal year 2018; 

‘‘(D) $9,939,380,030 for fiscal year 2019; and 

‘‘(E) $10,150,348,462 for fiscal year 2020. 

‘‘(2) ALLOCATION OF FUNDS.—Of the amounts made available under paragraph (1)— ‘‘(A) $130,732,000 for fiscal year 2016, $133,398,933 for fiscal year 2017, $136,200,310 for fiscal year 2018, 

$139,087,757 for fiscal year 2019, and $142,036,417 for 

fiscal year 2020, shall be available to carry out section 

5305; ‘‘(B) $10,000,000 for each of fiscal years 2016 through 

2020 shall be available to carry out section 20005(b) of 

the Federal Public Transportation Act of 2012; ‘‘(C) $4,538,905,700 for fiscal year 2016, $4,629,683,814 for fiscal year 2017, $4,726,907,174 for fiscal year 2018, 

$4,827,117,606 for fiscal year 2019, and $4,929,452,499 

for fiscal year 2020 shall be allocated in accordance with 

section 5336 to provide financial assistance for urbanized 

areas under section 5307; 

‘‘(D) $262,949,400 for fiscal year 2016, $268,208,388 for fiscal year 2017, $273,840,764 for fiscal year 2018, 

$279,646,188 for fiscal year 2019, and $285,574,688 for 

fiscal year 2020 shall be available to provide financial 

assistance for services for the enhanced mobility of seniors 

and individuals with disabilities under section 5310; 


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129 STAT. 1480 PUBLIC LAW 114–94—DEC. 4, 2015 

‘‘(E) $2,000,000 for fiscal year 2016, $3,000,000 for 

fiscal year 2017, $3,250,000 for fiscal year 2018, $3,500,000 

for fiscal year 2019 and $3,500,000 for fiscal year 2020 

shall be available for the pilot program for innovative 

coordinated access and mobility under section 3006(b) of 

the Federal Public Transportation Act of 2015; 

‘‘(F) $619,956,000 for fiscal year 2016, $632,355,120 

for fiscal year 2017, $645,634,578 for fiscal year 2018, 

$659,322,031 for fiscal year 2019, and $673,299,658 for 

fiscal year 2020 shall be available to provide financial 

assistance for rural areas under section 5311, of which 

not less than— 

‘‘(i) $35,000,000 for each of fiscal years 2016 

through 2020 shall be available to carry out section 

5311(c)(1); and 

‘‘(ii) $20,000,000 for each of fiscal years 2016 

through 2020 shall be available to carry out section 

5311(c)(2); 

‘‘(G) $28,000,000 for each of fiscal years 2016 through 

2020 shall be available to carry out section 5312, of which— 

‘‘(i) $3,000,000 for each of fiscal years 2016 through 

2020 shall be available to carry out section 5312(h); 

and 

‘‘(ii) $5,000,000 for each of fiscal years 2016 

through 2020 shall be available to carry out section 

5312(i); 

‘‘(H) $9,000,000 for each of fiscal years 2016 through 

2020 shall be available to carry out section 5314; of which 

$5,000,000 shall be available for the national transit 

institute under section 5314(c); 

‘‘(I) $3,000,000 for each of fiscal years 2016 through 

2020 shall be available for bus testing under section 5318; 

‘‘(J) $4,000,000 for each of fiscal years 2016 through 

2020 shall be available to carry out section 5335; 

‘‘(K) $2,507,000,000 for fiscal year 2016, $2,549,670,000 

for fiscal year 2017, $2,593,703,558 for fiscal year 2018, 

$2,638,366,859 for fiscal year 2019, and $2,683,798,369 

for fiscal year 2020 shall be available to carry out section 

5337; 

‘‘(L) $427,800,000 for fiscal year 2016, $436,356,000 

for fiscal year 2017, $445,519,476 for fiscal year 2018, 

$454,964,489 for fiscal year 2019, and $464,609,736 for 

fiscal year 2020 shall be available for the bus and buses 

facilities program under section 5339(a); 

‘‘(M) $268,000,000 for fiscal year 2016, $283,600,000 

for fiscal year 2017, $301,514,000 for fiscal year 2018, 

$322,059,980 for fiscal year 2019, and $344,044,179 for 

fiscal year 2020 shall be available for buses and bus facilities competitive grants under section 5339(b) and no or 

low emission grants under section 5339(c), of which 

$55,000,000 for each of fiscal years 2016 through 2020 

shall be available to carry out section 5339(c); and 

‘‘(N) $536,261,539 for fiscal year 2016, $544,433,788 

for fiscal year 2017, $552,783,547 for fiscal year 2018, 

$561,315,120 for fiscal year 2019 and $570,032,917 for 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1481 

fiscal year 2020, to carry out section 5340 to provide financial assistance for urbanized areas under section 5307 and 

rural areas under section 5311, of which— 

‘‘(i) $272,297,083 for fiscal year 2016, $279,129,510 

for fiscal year 2017, $286,132,747 for fiscal year 2018, 

$293,311,066 for fiscal year 2019, $300,668,843 for 

fiscal year 2020 shall be for growing States under 

section 5340(c); and 

‘‘(ii) $263,964,457 for fiscal year 2016, 

$265,304,279 for fiscal year 2017, $266,650,800 for 

fiscal year 2018, $268,004,054 for fiscal year 2019, 

$269,364,074 for fiscal year 2020 shall be for high 

density States under section 5340(d). 

‘‘(b) RESEARCH, DEVELOPMENT, DEMONSTRATION, AND DEPLOYMENT PROGRAM.—There are authorized to be appropriated to carry 

out section 5312, other than subsections (h) and (i) of that section, 

$20,000,000 for each of fiscal years 2016 through 2020. 

‘‘(c) TECHNICAL ASSISTANCE AND TRAINING.—There are authorized to be appropriated to carry out section 5314, $5,000,000 for 

each of fiscal years 2016 through 2020. 

‘‘(d) CAPITAL INVESTMENT GRANTS.—There are authorized to 

be appropriated to carry out section 5309 of this title and section 

3005(b) of the Federal Public Transportation Act of 2015, 

$2,301,785,760 for each of fiscal years 2016 through 2020. 

‘‘(e) ADMINISTRATION.— 

‘‘(1) IN GENERAL.—There are authorized to be appropriated 

to carry out section 5334, $115,016,543 for each of fiscal years 

2016 through 2020. 

‘‘(2) SECTION 5329.—Of the amounts authorized to be appropriated under paragraph (1), not less than $5,000,000 for each 

of fiscal years 2016 through 2020 shall be available to carry 

out section 5329. 

‘‘(3) SECTION 5326.—Of the amounts made available under 

paragraph (2), not less than $2,000,000 for each of fiscal years 

2016 through 2020 shall be available to carry out section 5326. 

‘‘(f) OVERSIGHT.— 

‘‘(1) IN GENERAL.—Of the amounts made available to carry 

out this chapter for a fiscal year, the Secretary may use not 

more than the following amounts for the activities described 

in paragraph (2): 

‘‘(A) 0.5 percent of amounts made available to carry 

out section 5305. 

‘‘(B) 0.75 percent of amounts made available to carry 

out section 5307. 

‘‘(C) 1 percent of amounts made available to carry 

out section 5309. 

‘‘(D) 1 percent of amounts made available to carry 

out section 601 of the Passenger Rail Investment and 

Improvement Act of 2008 (Public Law 110–432; 126 Stat. 

4968). 

‘‘(E) 0.5 percent of amounts made available to carry 

out section 5310. 

‘‘(F) 0.5 percent of amounts made available to carry 

out section 5311. 

‘‘(G) 1 percent of amounts made available to carry 

out section 5337, of which not less than 0.25 percent of 


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129 STAT. 1482 PUBLIC LAW 114–94—DEC. 4, 2015 

amounts made available for this subparagraph shall be 

available to carry out section 5329. 

‘‘(H) 0.75 percent of amounts made available to carry 

out section 5339. 

‘‘(2) ACTIVITIES.—The activities described in this paragraph 

are as follows: 

‘‘(A) Activities to oversee the construction of a major 

capital project. 

‘‘(B) Activities to review and audit the safety and security, procurement, management, and financial compliance 

of a recipient or subrecipient of funds under this chapter. 

‘‘(C) Activities to provide technical assistance generally, 

and to provide technical assistance to correct deficiencies 

identified in compliance reviews and audits carried out 

under this section. 

‘‘(3) GOVERNMENT SHARE OF COSTS.—The Government shall 

pay the entire cost of carrying out a contract under this subsection. 

‘‘(4) AVAILABILITY OF CERTAIN FUNDS.—Funds made available under paragraph (1)(C) shall be made available to the 

Secretary before allocating the funds appropriated to carry 

out any project under a full funding grant agreement. 

‘‘(g) GRANTS AS CONTRACTUAL OBLIGATIONS.— 

‘‘(1) GRANTS FINANCED FROM HIGHWAY TRUST FUND.—A 

grant or contract that is approved by the Secretary and financed 

with amounts made available from the Mass Transit Account 

of the Highway Trust Fund pursuant to this section is a contractual obligation of the Government to pay the Government share 

of the cost of the project. 

‘‘(2) GRANTS FINANCED FROM GENERAL FUND.—A grant or 

contract that is approved by the Secretary and financed with 

amounts appropriated in advance from the General Fund of 

the Treasury pursuant to this section is a contractual obligation 

of the Government to pay the Government share of the cost 

of the project only to the extent that amounts are appropriated 

for such purpose by an Act of Congress. 

‘‘(h) AVAILABILITY OF AMOUNTS.—Amounts made available by 

or appropriated under this section shall remain available until 

expended.’’. 

SEC. 3017. GRANTS FOR BUSES AND BUS FACILITIES. 

(a) IN GENERAL.—Section 5339 of title 49, United States Code, 

is amended to read as follows: 

‘‘§ 5339. Grants for buses and bus facilities 

‘‘(a) FORMULA GRANTS.— 

‘‘(1) DEFINITIONS.—In this subsection— 

‘‘(A) the term ‘low or no emission vehicle’ has the 

meaning given that term in subsection (c)(1); 

‘‘(B) the term ‘State’ means a State of the United 

States; and 

‘‘(C) the term ‘territory’ means the District of Columbia, 

Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the United States Virgin Islands. 

‘‘(2) GENERAL AUTHORITY.—The Secretary may make grants 

under this subsection to assist eligible recipients described 

in paragraph (4)(A) in financing capital projects— 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1483 

‘‘(A) to replace, rehabilitate, and purchase buses and 

related equipment, including technological changes or 

innovations to modify low or no emission vehicles or facilities; and 

‘‘(B) to construct bus-related facilities. 

‘‘(3) GRANT REQUIREMENTS.—The requirements of— 

‘‘(A) section 5307 shall apply to recipients of grants 

made in urbanized areas under this subsection; and 

‘‘(B) section 5311 shall apply to recipients of grants 

made in rural areas under this subsection. 

‘‘(4) ELIGIBLE RECIPIENTS.— ‘‘(A) RECIPIENTS.—Eligible recipients under this subsection are— 

‘‘(i) designated recipients that allocate funds to 

fixed route bus operators; or 

‘‘(ii) State or local governmental entities that 

operate fixed route bus service. 

‘‘(B) SUBRECIPIENTS.—A recipient that receives a grant 

under this subsection may allocate amounts of the grant 

to subrecipients that are public agencies or private nonprofit organizations engaged in public transportation. 

‘‘(5) DISTRIBUTION OF GRANT FUNDS.—Funds allocated 

under section 5338(a)(2)(L) shall be distributed as follows: 

‘‘(A) NATIONAL DISTRIBUTION.—$90,500,000 for each of 

fiscal years 2016 through 2020 shall be allocated to all 

States and territories, with each State receiving $1,750,000 

for each such fiscal year and each territory receiving 

$500,000 for each such fiscal year. 

‘‘(B) DISTRIBUTION USING POPULATION AND SERVICE FACTORS.—The remainder of the funds not otherwise distributed under subparagraph (A) shall be allocated pursuant 

to the formula set forth in section 5336 other than subsection (b). 

‘‘(6) TRANSFERS OF APPORTIONMENTS.— 

‘‘(A) TRANSFER FLEXIBILITY FOR NATIONAL DISTRIBUTION

FUNDS.—The Governor of a State may transfer any part 

of the State’s apportionment under paragraph (5)(A) to 

supplement amounts apportioned to the State under section 

5311(c) or amounts apportioned to urbanized areas under 

subsections (a) and (c) of section 5336. 

‘‘(B) TRANSFER FLEXIBILITY FOR POPULATION AND

SERVICE FACTORS FUNDS.—The Governor of a State may 

expend in an urbanized area with a population of less 

than 200,000 any amounts apportioned under paragraph 

(5)(B) that are not allocated to designated recipients in 

urbanized areas with a population of 200,000 or more. 

‘‘(7) GOVERNMENT SHARE OF COSTS.— 

‘‘(A) CAPITAL PROJECTS.—A grant for a capital project 

under this subsection shall be for 80 percent of the net 

capital costs of the project. A recipient of a grant under 

this subsection may provide additional local matching 

amounts. 

‘‘(B) REMAINING COSTS.—The remainder of the net 

project cost shall be provided— 

‘‘(i) in cash from non-Government sources other 

than revenues from providing public transportation 

services; 


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129 STAT. 1484 PUBLIC LAW 114–94—DEC. 4, 2015 

‘‘(ii) from revenues derived from the sale of advertising and concessions; 

‘‘(iii) from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new 

capital; 

‘‘(iv) from amounts received under a service agreement with a State or local social service agency or 

private social service organization; or 

‘‘(v) from revenues generated from value capture 

financing mechanisms. 

‘‘(8) PERIOD OF AVAILABILITY TO RECIPIENTS.—Amounts 

made available under this subsection may be obligated by a 

recipient for 3 fiscal years after the fiscal year in which the 

amount is apportioned. Not later than 30 days after the end 

of the 3-fiscal-year period described in the preceding sentence, 

any amount that is not obligated on the last day of such 

period shall be added to the amount that may be apportioned 

under this subsection in the next fiscal year. 

‘‘(9) PILOT PROGRAM FOR COST-EFFECTIVE CAPITAL INVESTMENT.— 

‘‘(A) IN GENERAL.—For each of fiscal years 2016 

through 2020, the Secretary shall carry out a pilot program 

under which an eligible recipient (as described in paragraph 

(4)) in an urbanized area with population of not less than 

200,000 and not more than 999,999 may elect to participate 

in a State pool in accordance with this paragraph. 

‘‘(B) PURPOSE OF STATE POOLS.—The purpose of a State 

pool shall be to allow for transfers of formula grant funds 

made available under this subsection among the designated 

recipients participating in the State pool in a manner that 

supports the transit asset management plans of the designated recipients under section 5326. 

‘‘(C) REQUESTS FOR PARTICIPATION.—A State, and 

eligible recipients in the State described in subparagraph 

(A), may submit to the Secretary a request for participation 

in the program under procedures to be established by the 

Secretary. An eligible recipient for a multistate area may 

participate in only 1 State pool. 

‘‘(D) ALLOCATIONS TO PARTICIPATING STATES.—For each 

fiscal year, the Secretary shall allocate to each State 

participating in the program the total amount of funds 

that otherwise would be allocated to the urbanized areas 

of the eligible recipients participating in the State’s pool 

for that fiscal year pursuant to the formulas referred to 

in paragraph (5). 

‘‘(E) ALLOCATIONS TO ELIGIBLE RECIPIENTS IN STATE

POOLS.—A State shall distribute the amount that is allocated to the State for a fiscal year under subparagraph 

(D) among the eligible recipients participating in the State’s 

pool in a manner that supports the transit asset management plans of the recipients under section 5326. 

‘‘(F) ALLOCATION PLANS.—A State participating in the 

program shall develop an allocation plan for the period 

of fiscal years 2016 through 2020 to ensure that an eligible 

recipient participating in the State’s pool receives under 

the program an amount of funds that equals the amount 

of funds that would have otherwise been available to the 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1485 

eligible recipient for that period pursuant to the formulas 

referred to in paragraph (5). 

‘‘(G) GRANTS.—The Secretary shall make grants under 

this subsection for a fiscal year to an eligible recipient 

participating in a State pool following notification by the 

State of the allocation amount determined under subparagraph (E). 

‘‘(b) BUSES AND BUS FACILITIES COMPETITIVE GRANTS.— ‘‘(1) IN GENERAL.—The Secretary may make grants under 

this subsection to eligible recipients (as described in subsection 

(a)(4)) to assist in the financing of buses and bus facilities 

capital projects, including— 

‘‘(A) replacing, rehabilitating, purchasing, or leasing 

buses or related equipment; and 

‘‘(B) rehabilitating, purchasing, constructing, or leasing 

bus-related facilities. 

‘‘(2) GRANT CONSIDERATIONS.—In making grants under this 

subsection, the Secretary shall consider the age and condition 

of buses, bus fleets, related equipment, and bus-related facilities. 

‘‘(3) STATEWIDE APPLICATIONS.—A State may submit a 

statewide application on behalf of a public agency or private 

nonprofit organization engaged in public transportation in rural 

areas or other areas for which the State allocates funds. The 

submission of a statewide application shall not preclude the 

submission and consideration of any application under this 

subsection from other eligible recipients (as described in subsection (a)(4)) in an urbanized area in a State. 

‘‘(4) REQUIREMENTS FOR THE SECRETARY.—The Secretary 

shall— 

‘‘(A) disclose all metrics and evaluation procedures to 

be used in considering grant applications under this subsection upon issuance of the notice of funding availability 

in the Federal Register; and 

‘‘(B) publish a summary of final scores for selected 

projects, metrics, and other evaluations used in awarding 

grants under this subsection in the Federal Register. 

‘‘(5) RURAL PROJECTS.—Not less than 10 percent of the 

amounts made available under this subsection in a fiscal year 

shall be distributed to projects in rural areas. 

‘‘(6) GRANT REQUIREMENTS.— 

‘‘(A) IN GENERAL.—A grant under this subsection shall 

be subject to the requirements of— 

‘‘(i) section 5307 for eligible recipients of grants 

made in urbanized areas; and 

‘‘(ii) section 5311 for eligible recipients of grants 

made in rural areas. 

‘‘(B) GOVERNMENT SHARE OF COSTS.—The Government 

share of the cost of an eligible project carried out under 

this subsection shall not exceed 80 percent. 

‘‘(7) AVAILABILITY OF FUNDS.—Any amounts made available 

to carry out this subsection— 

‘‘(A) shall remain available for 3 fiscal years after 

the fiscal year for which the amount is made available; 

and 

‘‘(B) that remain unobligated at the end of the period 

described in subparagraph (A) shall be added to the amount 


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129 STAT. 1486 PUBLIC LAW 114–94—DEC. 4, 2015 

made available to an eligible project in the following fiscal 

year. 

‘‘(8) LIMITATION.—Of the amounts made available under 

this subsection, not more than 10 percent may be awarded 

to a single grantee. 

‘‘(c) LOW OR NO EMISSION GRANTS.— ‘‘(1) DEFINITIONS.—In this subsection— 

‘‘(A) the term ‘direct carbon emissions’ means the 

quantity of direct greenhouse gas emissions from a vehicle, 

as determined by the Administrator of the Environmental 

Protection Agency; 

‘‘(B) the term ‘eligible project’ means a project or program of projects in an eligible area for— 

‘‘(i) acquiring low or no emission vehicles; 

‘‘(ii) leasing low or no emission vehicles; 

‘‘(iii) acquiring low or no emission vehicles with 

a leased power source; 

‘‘(iv) constructing facilities and related equipment 

for low or no emission vehicles; 

‘‘(v) leasing facilities and related equipment for 

low or no emission vehicles; 

‘‘(vi) constructing new public transportation facilities to accommodate low or no emission vehicles; or 

‘‘(vii) rehabilitating or improving existing public 

transportation facilities to accommodate low or no 

emission vehicles; 

‘‘(C) the term ‘leased power source’ means a removable 

power source, as defined in subsection (c)(3) of section 

3019 of the Federal Public Transportation Act of 2015 

that is made available through a capital lease under such 

section; 

‘‘(D) the term ‘low or no emission bus’ means a bus 

that is a low or no emission vehicle; 

‘‘(E) the term ‘low or no emission vehicle’ means— 

‘‘(i) a passenger vehicle used to provide public 

transportation that the Secretary determines sufficiently reduces energy consumption or harmful emissions, including direct carbon emissions, when compared to a comparable standard vehicle; or 

‘‘(ii) a zero emission vehicle used to provide public 

transportation; 

‘‘(F) the term ‘recipient’ means a designated recipient, 

a local governmental authority, or a State that receives 

a grant under this subsection for an eligible project; and 

‘‘(G) the term ‘zero emission vehicle’ means a low or 

no emission vehicle that produces no carbon or particulate 

matter. 

‘‘(2) GENERAL AUTHORITY.—The Secretary may make grants 

to recipients to finance eligible projects under this subsection. 

‘‘(3) GRANT REQUIREMENTS.— 

‘‘(A) IN GENERAL.—A grant under this subsection shall 

be subject to the requirements of section 5307. 

‘‘(B) GOVERNMENT SHARE OF COSTS FOR CERTAIN

PROJECTS.—Section 5323(i) applies to eligible projects carried out under this subsection, unless the recipient requests 

a lower grant percentage. 

‘‘(C) COMBINATION OF FUNDING SOURCES.— 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1487 

‘‘(i) COMBINATION PERMITTED.—An eligible project 

carried out under this subsection may receive funding 

under section 5307 or any other provision of law. 

‘‘(ii) GOVERNMENT SHARE.—Nothing in this 

subparagraph shall be construed to alter the Government share required under paragraph (7), section 5307, 

or any other provision of law. 

‘‘(4) COMPETITIVE PROCESS.—The Secretary shall— 

‘‘(A) not later than 30 days after the date on which 

amounts are made available for obligation under this subsection for a full fiscal year, solicit grant applications for 

eligible projects on a competitive basis; and 

‘‘(B) award a grant under this subsection based on 

the solicitation under subparagraph (A) not later than the 

earlier of— 

‘‘(i) 75 days after the date on which the solicitation 

expires; or 

‘‘(ii) the end of the fiscal year in which the Secretary solicited the grant applications. 

‘‘(5) CONSIDERATION.—In awarding grants under this subsection, the Secretary shall only consider eligible projects 

relating to the acquisition or leasing of low or no emission 

buses or bus facilities that— 

‘‘(A) make greater reductions in energy consumption 

and harmful emissions, including direct carbon emissions, 

than comparable standard buses or other low or no emission buses; and 

‘‘(B) are part of a long-term integrated fleet management plan for the recipient. 

‘‘(6) AVAILABILITY OF FUNDS.—Any amounts made available 

to carry out this subsection— 

‘‘(A) shall remain available to an eligible project for 

3 fiscal years after the fiscal year for which the amount 

is made available; and 

‘‘(B) that remain unobligated at the end of the period 

described in subparagraph (A) shall be added to the amount 

made available to an eligible project in the following fiscal 

year. 

‘‘(7) GOVERNMENT SHARE OF COSTS.— 

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

an eligible project carried out under this subsection shall 

not exceed 80 percent. 

‘‘(B) NON-FEDERAL SHARE.—The non-Federal share of 

the cost of an eligible project carried out under this subsection may be derived from in-kind contributions.’’. 

(b) TECHNICAL AND CONFORMING AMENDMENT.—The analysis 

for chapter 53 of title 49, United States Code, is amended by 

striking the item relating to section 5339 and inserting the following: 

‘‘5339. Grants for buses and bus facilities.’’. 

SEC. 3018. OBLIGATION CEILING. 

Notwithstanding any other provision of law, the total of all 

obligations from amounts made available from the Mass Transit 

Account of the Highway Trust Fund by subsection (a) of section 

5338 of title 49, United States Code, and section 3028 of the 

Federal Public Transportation Act of 2015 shall not exceed— 

49 USC 5338 

note. 

49 USC 

prec. 5301. 


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129 STAT. 1488 PUBLIC LAW 114–94—DEC. 4, 2015 

(1) $9,347,604,639 in fiscal year 2016; 

(2) $9,733,706,043 in fiscal year 2017; 

(3) $9,733,353,407 in fiscal year 2018; 

(4) $9,939,380,030 in fiscal year 2019; and 

(5) $10,150,348,462 in fiscal year 2020. 

SEC. 3019. INNOVATIVE PROCUREMENT. 

(a) DEFINITION.—In this section, the term ‘‘grantee’’ means 

a recipient or subrecipient of assistance under chapter 53 of title 

49, United States Code. 

(b) COOPERATIVE PROCUREMENT.— (1) DEFINITIONS; GENERAL RULES.— (A) DEFINITIONS.—In this subsection— 

(i) the term ‘‘cooperative procurement contract’’ 

means a contract— 

(I) entered into between a State government 

or eligible nonprofit entity and 1 or more vendors; 

and 

(II) under which the vendors agree to provide 

an option to purchase rolling stock and related 

equipment to multiple participants; 

(ii) the term ‘‘eligible nonprofit entity’’ means— 

(I) a nonprofit cooperative purchasing 

organization that is not a grantee; or 

(II) a consortium of entities described in subclause (I); 

(iii) the terms ‘‘lead nonprofit entity’’ and ‘‘lead 

procurement agency’’ mean an eligible nonprofit entity 

or a State government, respectively, that acts in an 

administrative capacity on behalf of each participant 

in a cooperative procurement contract; 

(iv) the term ‘‘participant’’ means a grantee that 

participates in a cooperative procurement contract; and 

(v) the term ‘‘participate’’ means to purchase 

rolling stock and related equipment under a cooperative procurement contract using assistance provided 

under chapter 53 of title 49, United States Code. 

(B) GENERAL RULES.— 

(i) PROCUREMENT NOT LIMITED TO INTRASTATE

PARTICIPANTS.—A grantee may participate in a 

cooperative procurement contract without regard to 

whether the grantee is located in the same State as 

the parties to the contract. 

(ii) VOLUNTARY PARTICIPATION.—Participation by 

grantees in a cooperative procurement contract shall 

be voluntary. 

(iii) CONTRACT TERMS.—The lead procurement 

agency or lead nonprofit entity for a cooperative 

procurement contract shall develop the terms of the 

contract. 

(iv) DURATION.—A cooperative procurement contract— 

(I) subject to subclauses (II) and (III), may 

be for an initial term of not more than 2 years; 

(II) may include not more than 3 optional 

extensions for terms of not more than 1 year each; 

and 

49 USC 5325 

note. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1489 

(III) may be in effect for a total period of 

not more than 5 years, including each extension 

authorized under subclause (II). 

(v) ADMINISTRATIVE EXPENSES.—A lead procurement agency or lead nonprofit entity, as applicable, 

that enters into a cooperative procurement contract— 

(I) may charge the participants in the contract 

for the cost of administering, planning, and providing technical assistance for the contract in an 

amount that is not more than 1 percent of the 

total value of the contract; and 

(II) with respect to the cost described in subclause (I), may incorporate the cost into the price 

of the contract or directly charge the participants 

for the cost, but not both. 

(2) STATE COOPERATIVE PROCUREMENT SCHEDULES.— (A) AUTHORITY.—A State government may enter into 

a cooperative procurement contract with 1 or more vendors 

if— 

(i) the vendors agree to provide an option to purchase rolling stock and related equipment to the State 

government and any other participant; and 

(ii) the State government acts throughout the term 

of the contract as the lead procurement agency. 

(B) APPLICABILITY OF POLICIES AND PROCEDURES.—In 

procuring rolling stock and related equipment under a 

cooperative procurement contract under this subsection, 

a State government shall comply with the policies and 

procedures that apply to procurement by the State government when using non-Federal funds, to the extent that 

the policies and procedures are in conformance with 

applicable Federal law. 

(3) PILOT PROGRAM FOR NONPROFIT COOPERATIVE PROCUREMENTS.— 

(A) ESTABLISHMENT.—The Secretary shall establish 

and carry out a pilot program to demonstrate the effectiveness of cooperative procurement contracts administered by 

eligible nonprofit entities. 

(B) DESIGNATION.—In carrying out the program under 

this paragraph, the Secretary shall designate not less than 

3 eligible nonprofit entities to enter into a cooperative 

procurement contract under which the eligible nonprofit 

entity acts throughout the term of the contract as the 

lead nonprofit entity. 

(C) NOTICE OF INTENT TO PARTICIPATE.—At a time 

determined appropriate by the lead nonprofit entity, each 

participant in a cooperative procurement contract under 

this paragraph shall submit to the lead nonprofit entity 

a nonbinding notice of intent to participate. 

(4) JOINT PROCUREMENT CLEARINGHOUSE.— 

(A) IN GENERAL.—The Secretary shall establish a 

clearinghouse for the purpose of allowing grantees to aggregate planned rolling stock purchases and identify joint 

procurement participants. 

(B) NONPROFIT CONSULTATION.—In establishing the 

clearinghouse under subparagraph (A), the Secretary may 

consult with nonprofit entities with expertise in public 


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129 STAT. 1490 PUBLIC LAW 114–94—DEC. 4, 2015 

transportation or procurement, and other stakeholders as 

the Secretary determines appropriate. 

(C) INFORMATION ON PROCUREMENTS.—The clearinghouse may include information on bus size, engine type, 

floor type, and any other attributes necessary to identify 

joint procurement participants. 

(D) LIMITATIONS.— 

(i) ACCESS.—The clearinghouse shall only be accessible to the Federal Transit Administration, a nonprofit 

entity coordinating for such clearinghouse with the 

Secretary, and grantees. 

(ii) PARTICIPATION.—No grantee shall be required 

to submit procurement information to the database. 

(c) LEASING ARRANGEMENTS.— 

(1) CAPITAL LEASE DEFINED.— 

(A) IN GENERAL.—In this subsection, the term ‘‘capital 

lease’’ means any agreement under which a grantee 

acquires the right to use rolling stock or related equipment 

for a specified period of time, in exchange for a periodic 

payment. 

(B) MAINTENANCE.—A capital lease may require that 

the lessor provide maintenance of the rolling stock or 

related equipment covered by the lease. 

(2) PROGRAM TO SUPPORT INNOVATIVE LEASING ARRANGEMENTS.— 

(A) AUTHORITY.—A grantee may use assistance provided under chapter 53 of title 49, United States Code, 

to enter into a capital lease if— 

(i) the rolling stock or related equipment covered 

under the lease is eligible for capital assistance under 

such chapter; and 

(ii) there is or will be no Federal interest in the 

rolling stock or related equipment covered under the 

lease as of the date on which the lease takes effect. 

(B) GRANTEE REQUIREMENTS.—A grantee that enters 

into a capital lease shall— 

(i) maintain an inventory of the rolling stock or 

related equipment acquired under the lease; and 

(ii) maintain on the accounting records of the 

grantee the liability of the grantee under the lease. 

(C) ELIGIBLE LEASE COSTS.—The costs for which a 

grantee may use assistance under chapter 53 of title 49, 

United States Code, with respect to a capital lease, 

include— 

(i) the cost of the rolling stock or related equipment; 

(ii) associated financing costs, including interest, 

legal fees, and financial advisor fees; 

(iii) ancillary costs such as delivery and installation charges; and 

(iv) maintenance costs. 

(D) TERMS.—A grantee shall negotiate the terms of 

any lease agreement that the grantee enters into. 

(E) APPLICABILITY OF PROCUREMENT REQUIREMENTS.— 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1491 

(i) LEASE REQUIREMENTS.—Part 639 of title 49, 

Code of Federal Regulations, or any successor regulation, and implementing guidance applicable to leasing 

shall not apply to a capital lease. 

(ii) BUY AMERICA.—The requirements under section 5323(j) of title 49, United States Code, shall apply 

to a capital lease. 

(3) CAPITAL LEASING OF CERTAIN ZERO EMISSION VEHICLE

COMPONENTS.— 

(A) DEFINITIONS.—In this paragraph— 

(i) the term ‘‘removable power source’’— 

(I) means a power source that is separately 

installed in, and removable from, a zero emission 

vehicle; and 

(II) may include a battery, a fuel cell, an ultracapacitor, or other advanced power source used 

in a zero emission vehicle; and 

(ii) the term ‘‘zero emission vehicle’’ has the 

meaning given the term in section 5339(c) of title 49, 

United States Code. 

(B) LEASED POWER SOURCES.—Notwithstanding any 

other provision of law, for purposes of this subsection, 

the cost of a removable power source that is necessary 

for the operation of a zero emission vehicle shall not be 

treated as part of the cost of the vehicle if the removable 

power source is acquired using a capital lease. 

(C) ELIGIBLE CAPITAL LEASE.—A grantee may acquire 

a removable power source by itself through a capital lease. 

(D) PROCUREMENT REGULATIONS.—For purposes of this 

section, a removable power source shall be subject to section 

200.88 of title 2, Code of Federal Regulations. 

(4) REPORTING REQUIREMENT.—Not later than 3 years after 

the date on which a grantee enters into a capital lease under 

this subsection, the grantee shall submit to the Secretary a 

report that contains— 

(A) an evaluation of the overall costs and benefits 

of leasing rolling stock; and 

(B) a comparison of the expected short-term and longterm maintenance costs of leasing versus buying rolling 

stock. 

(5) REPORT.—The Secretary shall make publicly available 

an annual report on this subsection for each fiscal year, not 

later than December 31 of the calendar year in which that 

fiscal year ends. The report shall include a detailed description 

of the activities carried out under this subsection, and evaluation of the program including the evaluation of the data 

reported in paragraph (4). 

(d) BUY AMERICA.—The requirements of section 5323(j) of title 

49, United States Code, shall apply to all procurements under 

this section. 

SEC. 3020. REVIEW OF PUBLIC TRANSPORTATION SAFETY STANDARDS. 

(a) REVIEW REQUIRED.— 

(1) IN GENERAL.—Not later than 90 days after the date 

of enactment of this Act, the Secretary shall begin a review 


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of the safety standards and protocols used in public transportation systems in the United States that examines the efficacy 

of existing standards and protocols. 

(2) CONTENTS OF REVIEW.—In conducting the review under 

this paragraph, the Secretary shall review— 

(A) minimum safety performance standards developed 

by the public transportation industry; 

(B) safety performance standards, practices, or protocols in use by rail fixed guideway public transportation 

systems, including— 

(i) written emergency plans and procedures for 

passenger evacuations; 

(ii) training programs to ensure public transportation personnel compliance and readiness in emergency situations; 

(iii) coordination plans approved by recipients with 

local emergency responders having jurisdiction over 

a rail fixed guideway public transportation system, 

including— 

(I) emergency preparedness training, drills, 

and familiarization programs for the first 

responders; and 

(II) the scheduling of regular field exercises 

to ensure appropriate response and effective radio 

and public safety communications; 

(iv) maintenance, testing, and inspection programs 

to ensure the proper functioning of— 

(I) tunnel, station, and vehicle ventilation systems; 

(II) signal and train control systems, track, 

mechanical systems, and other infrastructure; and 

(III) other systems as necessary; 

(v) certification requirements for train and bus 

operators and control center employees; 

(vi) consensus-based standards, practices, or protocols available to the public transportation industry; 

and 

(vii) any other standards, practices, or protocols 

the Secretary determines appropriate; and 

(C) rail and bus safety standards, practices, or protocols 

in use by public transportation systems, regarding— 

(i) rail and bus design and the workstation of 

rail and bus operators, as it relates to— 

(I) the reduction of blindspots that contribute 

to accidents involving pedestrians; and 

(II) protecting rail and bus operators from the 

risk of assault; 

(ii) scheduling fixed route rail and bus service 

with adequate time and access for operators to use 

restroom facilities; 

(iii) fatigue management; and 

(iv) crash avoidance and worthiness. 

(b) EVALUATION.—After conducting the review under subsection 

(a), the Secretary shall, in consultation with representatives of 

the public transportation industry, evaluate the need to establish 

additional Federal minimum public transportation safety standards. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1493 

(c) REPORT.—After completing the review and evaluation 

required under subsections (a) and (b), and not later than 1 year 

after the date of enactment of this Act, the Secretary shall make 

available on a publicly accessible Web site, a report that includes— 

(1) findings based on the review conducted under subsection 

(a); 

(2) the outcome of the evaluation conducted under subsection (b); 

(3) a comprehensive set of recommendations to improve 

the safety of the public transportation industry, including recommendations for statutory changes if applicable; and 

(4) actions that the Secretary will take to address the 

recommendations provided under paragraph (3), including, if 

necessary, the authorities under section 5329(b)(2)(D) of title 

49, United States Code. 

SEC. 3021. STUDY ON EVIDENTIARY PROTECTION FOR PUBLIC 

TRANSPORTATION SAFETY PROGRAM INFORMATION. 

(a) STUDY.—The Secretary shall enter into an agreement with 

the Transportation Research Board of the National Academies of 

Sciences, Engineering, and Medicine, to conduct a study to evaluate 

whether it is in the public interest, including public safety and 

the legal rights of persons injured in public transportation accidents, 

to withhold from discovery or admission into evidence in a Federal 

or State court proceeding any plan, report, data, or other information or portion thereof, submitted to, developed, produced, collected, 

or obtained by the Secretary or the Secretary’s representative for 

purposes of complying with the requirements under section 5329 

of title 49, United States Code, including information related to 

a recipient’s safety plan, safety risks, and mitigation measures. 

(b) COORDINATION.—In conducting the study under subsection 

(a), the Transportation Research Board shall coordinate with the 

legal research entities of the National Academies of Sciences, 

Engineering, and Medicine, including the Committee on Law and 

Justice and the Committee on Science, Technology, and Law, and 

include members of those committees on the research committee 

established for the purposes of this section. 

(c) INPUT.—In conducting the study under subsection (a), the 

relevant entities of the National Academies of Sciences, 

Engineering, and Medicine shall solicit input from the public 

transportation recipients, public transportation nonprofit employee 

labor organizations, and impacted members of the general public. 

(d) REPORT.—Not later than 18 months after the date of enactment of this Act, the National Academies of Sciences, Engineering, 

and Medicine shall issue a report, with the findings of the study 

under subsection (a), including any recommendations on statutory 

changes regarding evidentiary protections that will increase public 

transportation safety. 

SEC. 3022. IMPROVED PUBLIC TRANSPORTATION SAFETY MEASURES. 

(a) REQUIREMENTS.—Not later than 90 days after publication 

of the report required in section 3020, the Secretary shall issue 

a notice of proposed rulemaking on protecting public transportation 

operators from the risk of assault. 

(b) CONSIDERATION.—In the proposed rulemaking, the Secretary 

shall consider— 

(1) different safety needs of drivers of different modes; 

(2) differences in operating environments; 

49 USC 5329 

note. 


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129 STAT. 1494 PUBLIC LAW 114–94—DEC. 4, 2015 

(3) the use of technology to mitigate driver assault risks; 

(4) existing experience, from both agencies and operators 

that already are using or testing driver assault mitigation 

infrastructure; and 

(5) the impact of the rule on future rolling stock procurements and vehicles currently in revenue service. 

(c) SAVINGS CLAUSE.—Nothing in this section may be construed 

as prohibiting the Secretary from issuing different comprehensive 

worker protections, including standards for mitigating assaults. 

SEC. 3023. PARATRANSIT SYSTEM UNDER FTA APPROVED COORDINATED PLAN. 

Notwithstanding the provisions of section 37.131(c) of title 49, 

Code of Federal Regulations, any paratransit system currently 

coordinating complementary paratransit service for more than 40 

fixed route agencies shall be permitted to continue using an existing 

tiered, distance-based coordinated paratransit fare system, if the 

fare for the existing tiered, distance-based coordinated paratransit 

fare system is not increased by a greater percentage than any 

increase to the fixed route fare for the largest transit agency in 

the complementary paratransit service area. 

SEC. 3024. REPORT ON POTENTIAL OF INTERNET OF THINGS. 

(a) REPORT.—Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress a report 

on the potential of the Internet of Things to improve transportation 

services in rural, suburban, and urban areas. 

(b) CONTENTS.—The report required under subsection (a) shall 

include— 

(1) a survey of the communities, cities, and States that 

are using innovative transportation systems to meet the needs 

of ageing populations; 

(2) best practices to protect privacy and security, as determined as a result of such survey; and 

(3) recommendations with respect to the potential of the 

Internet of Things to assist local, State, and Federal planners 

to develop more efficient and accurate projections of the 

transportation needs of rural, suburban, and urban communities. 

SEC. 3025. REPORT ON PARKING SAFETY. 

(a) STUDY.—The Secretary shall conduct a study on the safety 

of certain transportation facilities and locations, focusing on any 

property damage, injuries, deaths, and other incidents that occur 

or originate at locations intended to encourage public use of alternative transportation, including— 

(1) carpool lots; 

(2) mass transit lots; 

(3) local, State, or regional rail stations; 

(4) rest stops; 

(5) college or university lots; 

(6) bike paths or walking trails; and 

(7) any other locations that the Secretary considers appropriate. 

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

42 USC 12143 

note. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1495 

on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs 

of the Senate a report on the results of the study. 

(c) RECOMMENDATIONS.—The Secretary shall include in the 

report recommendations to Congress on the best ways to use innovative technologies to increase safety and ensure a better response 

by transit security and local, State, and Federal law enforcement 

to address threats to public safety. 

SEC. 3026. APPOINTMENT OF DIRECTORS OF WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY. 

(a) DEFINITIONS.—In this section, the following definitions 

apply: 

(1) COMPACT.—The term ‘‘Compact’’ means the Washington 

Metropolitan Area Transit Authority Compact (Public Law 89– 

774; 80 Stat. 1324). 

(2) FEDERAL DIRECTOR.—The term ‘‘Federal Director’’ 

means— 

(A) a voting member of the Board of Directors of the 

Transit Authority who represents the Federal Government; 

and 

(B) a nonvoting member of the Board of Directors 

of the Transit Authority who serves as an alternate for 

a member described in subparagraph (A). 

(3) TRANSIT AUTHORITY.—The term ‘‘Transit Authority’’ 

means the Washington Metropolitan Area Transit Authority 

established under Article III of the Compact. 

(b) APPOINTMENT BY SECRETARY OF TRANSPORTATION.— 

(1) IN GENERAL.—For any appointment made on or after 

the date of enactment of this Act, the Secretary of Transportation shall have sole authority to appoint Federal Directors 

to the Board of Directors of the Transit Authority. 

(2) AMENDMENT TO COMPACT.—The signatory parties to 

the Compact shall amend the Compact as necessary in accordance with paragraph (1). 

SEC. 3027. EFFECTIVENESS OF PUBLIC TRANSPORTATION CHANGES 

AND FUNDING. 

Not later than 18 months after the date of enactment of this 

Act, the Comptroller General shall examine and evaluate the impact 

of the changes that MAP–21 had on public transportation, 

including— 

(1) the ability and effectiveness of public transportation 

agencies to provide public transportation to low-income workers 

in accessing jobs and being able to use reverse commute services; 

(2) whether services to low-income riders declined after 

MAP–21 was implemented; and 

(3) if guidance provided by the Federal Transit Administration encouraged public transportation agencies to maintain and 

support services to low-income riders to allow them to access 

jobs, medical services, and other life necessities. 

SEC. 3028. AUTHORIZATION OF GRANTS FOR POSITIVE TRAIN CONTROL. 

(a) IN GENERAL.—There shall be available from the Mass 

Transit Account of the Highway Trust Fund to carry out this 

section $199,000,000 for fiscal year 2017 to assist in financing 


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129 STAT. 1496 PUBLIC LAW 114–94—DEC. 4, 2015 

the installation of positive train control systems required under 

section 20157 of title 49, United States Code. 

(b) USES.—The amounts made available under subsection (a) 

of this section shall be awarded by the Secretary on a competitive 

basis, and grant funds awarded under this section shall not exceed 

80 percent of the total cost of a project. 

(c) CREDIT ASSISTANCE.—At the request of an eligible applicant 

under this section, the Secretary may use amounts awarded to 

the entity to pay the subsidy and administrative costs necessary 

to provide the entity Federal credit assistance under sections 502 

through 504 of the Railroad Revitalization and Regulatory Reform 

Act of 1976 (45 U.S.C. 801 et seq.), with respect to the project 

for which the grant was awarded. 

(d) ELIGIBLE RECIPIENTS.—The amounts made available under 

subsection (a) of this section may be used only to assist a recipient 

of funds under chapter 53 of title 49, United States Code. 

(e) PROJECT MANAGEMENT OVERSIGHT.—The Secretary may 

withhold up to 1 percent from the amounts made available under 

subsection (a) of this section for the costs of project management 

oversight of grants authorized under that subsection. 

(f) SAVINGS CLAUSE.—Nothing in this section may be construed 

as authorizing the amounts appropriated under subsection (a) to 

be used for any purpose other than financing the installation of 

positive train control systems. 

(g) GRANTS FINANCED FROM HIGHWAY TRUST FUND.—A grant 

that is approved by the Secretary and financed with amounts made 

available from the Mass Transit Account of the Highway Trust 

Fund under this section is a contractual obligation of the Government to pay the Government share of the cost of the project. 

(h) AVAILABILITY OF AMOUNTS.—Notwithstanding subsection (j), 

amounts made available under this section shall remain available 

until expended. 

(i) OBLIGATION LIMITATION.—Funds made available under this 

section shall be subject to obligation limit of section 3018 of the 

Federal Public Transportation Act of 2015. 

(j) SUNSET.—The Secretary of Transportation shall provide the 

grants, direct loans, and loan guarantees under subsections (b) 

and (c) by September 30, 2018. 

SEC. 3029. AMENDMENT TO TITLE 5. 

(a) IN GENERAL.—Section 5313 of title 5, United States Code, 

is amended by adding at the end the following: 

‘‘Federal Transit Administrator.’’. 

(b) CONFORMING AMENDMENT.—Section 5314 of title 5, United 

States Code, is amended by striking ‘‘Federal Transit Administrator.’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on the first day of the first pay period beginning 

on or after the first day of the first fiscal year beginning after 

the date of enactment of this Act. 

SEC. 3030. TECHNICAL AND CONFORMING CHANGES. 

(a) REPEAL.—Section 20008(b) of MAP–21 (49 U.S.C. 5309 note) 

is repealed. 

(b) REPEAL SECTION 5313.—Section 5313 of title 49, United 

States Code, and the item relating to that section in the analysis 

49 USC for chapter 53 of such title, are repealed. 

prec. 5301. 

5 USC 5313 note. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1497 

(c) REPEAL OF SECTION 5319.—Section 5319 of title 49, United 

States Code, and the item relating to that section in the analysis 

for chapter 53 of such title, are repealed. 

(d) REPEAL OF SECTION 5322.—Section 5322 of title 49, United 

States Code, and the item relating to that section in the analysis 

for chapter 53 of such title, are repealed. 

(e) SECTION 5325.—Section 5325 of title 49, United States Code 

is amended— 

(1) in subsection (e)(2), by striking ‘‘at least two’’; and 

(2) in subsection (h), by striking ‘‘Federal Public Transportation Act of 2012’’ and inserting ‘‘Federal Public Transportation 

Act of 2015’’. 

(f) SECTION 5340.—Section 5340 of title 49, United States Code, 

is amended— 

(1) by striking subsection (b); and 

(2) by inserting the following: 

‘‘(b) ALLOCATION.—The Secretary shall apportion the amounts 

made available under section 5338(b)(2)(N) in accordance with subsection (c) and subsection (d).’’. 

(g) CHAPTER 105 OF TITLE 49, UNITED STATES CODE.—Section 

10501(c) of title 49, United States Code, is amended— 

(1) in paragraph (1)— 

(A) in subparagraph (A)(i), by striking ‘‘section 5302(a)’’ 

and inserting ‘‘section 5302’’; and 

(B) in subparagraph (B)— 

(i) by striking ‘‘mass transportation’’ and inserting 

‘‘public transportation’’; and 

(ii) by striking ‘‘section 5302(a)’’ and inserting ‘‘section 5302’’; and 

(2) in paragraph (2)(A), by striking ‘‘mass transportation’’ 

and inserting ‘‘public transportation’’. 

TITLE IV—HIGHWAY TRAFFIC SAFETY 

SEC. 4001. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—The following sums are authorized to be 

appropriated out of the Highway Trust Fund (other than the Mass 

Transit Account): 

(1) HIGHWAY SAFETY PROGRAMS.—For carrying out section 

402 of title 23, United States Code— 

(A) $243,500,000 for fiscal year 2016; 

(B) $252,300,000 for fiscal year 2017; 

(C) $261,200,000 for fiscal year 2018; 

(D) $270,400,000 for fiscal year 2019; and 

(E) $279,800,000 for fiscal year 2020. 

(2) HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.—For 

carrying out section 403 of title 23, United States Code— 

(A) $137,800,000 for fiscal year 2016; 

(B) $140,700,000 for fiscal year 2017; 

(C) $143,700,000 for fiscal year 2018; 

(D) $146,700,000 for fiscal year 2019; and 

(E) $149,800,000 for fiscal year 2020. 

(3) NATIONAL PRIORITY SAFETY PROGRAMS.—For carrying 

out section 405 of title 23, United States Code— 

(A) $274,700,000 for fiscal year 2016; 

(B) $277,500,000 for fiscal year 2017; 

49 USC 

prec. 5301. 

49 USC 

prec. 5301. 


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129 STAT. 1498 PUBLIC LAW 114–94—DEC. 4, 2015 

(C) $280,200,000 for fiscal year 2018; 

(D) $283,000,000 for fiscal year 2019; and 

(E) $285,900,000 for fiscal year 2020. 

(4) NATIONAL DRIVER REGISTER.—For the National Highway 

Traffic Safety Administration to carry out chapter 303 of title 

49, United States Code— 

(A) $5,100,000 for fiscal year 2016; 

(B) $5,200,000 for fiscal year 2017; 

(C) $5,300,000 for fiscal year 2018; 

(D) $5,400,000 for fiscal year 2019; and 

(E) $5,500,000 for fiscal year 2020. 

(5) HIGH-VISIBILITY ENFORCEMENT PROGRAM.—For carrying 

out section 404 of title 23, United States Code— 

(A) $29,300,000 for fiscal year 2016; 

(B) $29,500,000 for fiscal year 2017; 

(C) $29,900,000 for fiscal year 2018; 

(D) $30,200,000 for fiscal year 2019; and 

(E) $30,500,000 for fiscal year 2020. 

(6) ADMINISTRATIVE EXPENSES.—For administrative and 

related operating expenses of the National Highway Traffic 

Safety Administration in carrying out chapter 4 of title 23, 

United States Code, and this title— 

(A) $25,832,000 for fiscal year 2016; 

(B) $26,072,000 for fiscal year 2017; 

(C) $26,329,000 for fiscal year 2018; 

(D) $26,608,000 for fiscal year 2019; and 

(E) $26,817,000 for fiscal year 2020. 

(b) PROHIBITION ON OTHER USES.—Except as otherwise provided in chapter 4 of title 23, United States Code, and chapter 

303 of title 49, United States Code, the amounts made available 

from the Highway Trust Fund (other than the Mass Transit 

Account) for a program under such chapters— 

(1) shall only be used to carry out such program; and 

(2) may not be used by States or local governments for 

construction purposes. 

(c) APPLICABILITY OF TITLE 23.—Except as otherwise provided 

in chapter 4 of title 23, United States Code, and chapter 303 

of title 49, United States Code, amounts made available under 

subsection (a) for fiscal years 2016 through 2020 shall be available 

for obligation in the same manner as if such funds were apportioned 

under chapter 1 of title 23, United States Code. 

(d) REGULATORY AUTHORITY.—Grants awarded under this title 

shall be carried out in accordance with regulations issued by the 

Secretary. 

(e) STATE MATCHING REQUIREMENTS.—If a grant awarded under 

chapter 4 of title 23, United States Code, requires a State to 

share in the cost, the aggregate of all expenditures for highway 

safety activities made during a fiscal year by the State and its 

political subdivisions (exclusive of Federal funds) for carrying out 

the grant (other than planning and administration) shall be available for the purpose of crediting the State during such fiscal year 

for the non-Federal share of the cost of any other project carried 

out under chapter 4 of title 23, United States Code (other than 

planning or administration), without regard to whether such 

expenditures were made in connection with such project. 

(f) GRANT APPLICATION AND DEADLINE.—To receive a grant 

under chapter 4 of title 23, United States Code, a State shall 

23 USC 402 note. 

23 USC 402 note. 

23 USC 401 note. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1499 

submit an application, and the Secretary shall establish a single 

deadline for such applications to enable the award of grants early 

in the next fiscal year. 

SEC. 4002. HIGHWAY SAFETY PROGRAMS. 

Section 402 of title 23, United States Code, is amended— 

(1) in subsection (a)(2)(A)— 

(A) in clause (vi) by striking ‘‘and’’ at the end; 

(B) in clause (vii) by inserting ‘‘and’’ after the semicolon; and 

(C) by adding at the end the following: 

‘‘(viii) to increase driver awareness of commercial 

motor vehicles to prevent crashes and reduce injuries 

and fatalities;’’; 

(2) in subsection (c)(4), by adding at the end the following: 

‘‘(C) SURVEY.—A State in which an automated traffic 

enforcement system is installed shall expend funds apportioned to that State under this section to conduct a biennial 

survey that the Secretary shall make publicly available 

through the Internet Web site of the Department of 

Transportation that includes— 

‘‘(i) a list of automated traffic enforcement systems 

in the State; 

‘‘(ii) adequate data to measure the transparency, 

accountability, and safety attributes of each automated 

traffic enforcement system; and 

‘‘(iii) a comparison of each automated traffic 

enforcement system with— 

‘‘(I) Speed Enforcement Camera Systems Operational Guidelines (DOT HS 810 916, March 2008); 

and 

‘‘(II) Red Light Camera Systems Operational 

Guidelines (FHWA–SA–05–002, January 2005).’’; 

(3) by striking subsection (g) and inserting the following: 

‘‘(g) RESTRICTION.—Nothing in this section may be construed 

to authorize the appropriation or expenditure of funds for highway 

construction, maintenance, or design (other than design of safety 

features of highways to be incorporated into guidelines).’’; 

(4) in subsection (k)— 

(A) by redesignating paragraphs (3) through (5) as 

paragraphs (4) through (6), respectively; 

(B) by inserting after paragraph (2) the following: 

‘‘(3) ELECTRONIC SUBMISSION.—The Secretary, in coordination with the Governors Highway Safety Association, shall 

develop procedures to allow States to submit highway safety 

plans under this subsection, including any attachments to the 

plans, in electronic form.’’; and 

(C) in paragraph (6)(A), as so redesignated, by striking 

‘‘60 days’’ and inserting ‘‘45 days’’; and 

(5) in subsection (m)(2)(B)— 

(A) in clause (vii) by striking ‘‘and’’ at the end; 

(B) in clause (viii) by striking the period at the end 

and inserting a semicolon; and 

(C) by adding at the end the following: 

‘‘(ix) increase driver awareness of commercial 

motor vehicles to prevent crashes and reduce injuries 

and fatalities; and 


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129 STAT. 1500 PUBLIC LAW 114–94—DEC. 4, 2015 

‘‘(x) support for school-based driver’s education 

classes to improve teen knowledge about— 

‘‘(I) safe driving practices; and 

‘‘(II) State graduated driving license requirements, including behind-the-wheel training 

required to meet those requirements.’’. 

SEC. 4003. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT. 

Section 403 of title 23, United States Code, is amended— 

(1) in subsection (h)— 

(A) in paragraph (1) by striking ‘‘may’’ and inserting 

‘‘shall’’; 

(B) by striking paragraph (2) and inserting the following: 

‘‘(2) FUNDING.—The Secretary shall obligate from funds 

made available to carry out this section for the period covering 

fiscal years 2017 through 2020 not more than $21,248,000 

to conduct the research described in paragraph (1).’’; 

(C) in paragraph (3) by striking ‘‘If the Administrator 

utilizes the authority under paragraph (1), the’’ and 

inserting ‘‘The’’; and 

(D) in paragraph (4) by striking ‘‘If the Administrator 

conducts the research authorized under paragraph (1), the’’ 

and inserting ‘‘The’’; and 

(2) by adding at the end the following: 

‘‘(i) LIMITATION ON DRUG AND ALCOHOL SURVEY DATA.—The 

Secretary shall establish procedures and guidelines to ensure that 

any person participating in a program or activity that collects 

data on drug or alcohol use by drivers of motor vehicles and is 

carried out under this section is informed that the program or 

activity is voluntary. 

‘‘(j) FEDERAL SHARE.—The Federal share of the cost of any 

project or activity carried out under this section may be not more 

than 100 percent.’’. 

SEC. 4004. HIGH-VISIBILITY ENFORCEMENT PROGRAM. 

(a) IN GENERAL.—Section 404 of title 23, United States Code, 

is amended to read as follows: 

‘‘§ 404. High-visibility enforcement program 

‘‘(a) IN GENERAL.—The Secretary shall establish and administer 

a program under which not less than 3 campaigns will be carried 

out in each of fiscal years 2016 through 2020. 

‘‘(b) PURPOSE.—The purpose of each campaign carried out under 

this section shall be to achieve outcomes related to not less than 

1 of the following objectives: 

‘‘(1) Reduce alcohol-impaired or drug-impaired operation 

of motor vehicles. 

‘‘(2) Increase use of seatbelts by occupants of motor vehicles. 

‘‘(c) ADVERTISING.—The Secretary may use, or authorize the 

use of, funds available to carry out this section to pay for the 

development, production, and use of broadcast and print media 

advertising and Internet-based outreach in carrying out campaigns 

under this section. In allocating such funds, consideration shall 

be given to advertising directed at non-English speaking populations, including those who listen to, read, or watch nontraditional 

media. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1501 

‘‘(d) COORDINATION WITH STATES.—The Secretary shall coordinate with States in carrying out the campaigns under this section, 

including advertising funded under subsection (c), with consideration given to— 

‘‘(1) relying on States to provide law enforcement resources 

for the campaigns out of funding made available under sections 

402 and 405; and 

‘‘(2) providing, out of National Highway Traffic Safety 

Administration resources, most of the means necessary for 

national advertising and education efforts associated with the 

campaigns. 

‘‘(e) USE OF FUNDS.—Funds made available to carry out this 

section may be used only for activities described in subsection 

(c). 

‘‘(f) DEFINITIONS.—In this section, the following definitions 

apply: 

‘‘(1) CAMPAIGN.—The term ‘campaign’ means a high-visibility traffic safety law enforcement campaign. 

‘‘(2) STATE.—The term ‘State’ has the meaning given that 

term in section 401.’’. 

(b) CLERICAL AMENDMENT.—The analysis for chapter 4 of title 

23, United States Code, is amended by striking the item relating 

to section 404 and inserting the following: 

‘‘404. High-visibility enforcement program.’’. 

SEC. 4005. NATIONAL PRIORITY SAFETY PROGRAMS. 

(a) GENERAL AUTHORITY.—Section 405(a) of title 23, United 

States Code, is amended to read as follows: 

‘‘(a) GENERAL AUTHORITY.—Subject to the requirements of this 

section, the Secretary shall manage programs to address national 

priorities for reducing highway deaths and injuries. Funds shall 

be allocated according to the following: 

‘‘(1) OCCUPANT PROTECTION.—In each fiscal year, 13 percent 

of the funds provided under this section shall be allocated 

among States that adopt and implement effective occupant 

protection programs to reduce highway deaths and injuries 

resulting from individuals riding unrestrained or improperly 

restrained in motor vehicles (as described in subsection (b)). 

‘‘(2) STATE TRAFFIC SAFETY INFORMATION SYSTEM IMPROVEMENTS.—In each fiscal year, 14.5 percent of the funds provided 

under this section shall be allocated among States that meet 

requirements with respect to State traffic safety information 

system improvements (as described in subsection (c)). 

‘‘(3) IMPAIRED DRIVING COUNTERMEASURES.—In each fiscal 

year, 52.5 percent of the funds provided under this section 

shall be allocated among States that meet requirements with 

respect to impaired driving countermeasures (as described in 

subsection (d)). 

‘‘(4) DISTRACTED DRIVING.—In each fiscal year, 8.5 percent 

of the funds provided under this section shall be allocated 

among States that adopt and implement effective laws to reduce 

distracted driving (as described in subsection (e)). 

‘‘(5) MOTORCYCLIST SAFETY.—In each fiscal year, 1.5 percent 

of the funds provided under this section shall be allocated 

among States that implement motorcyclist safety programs (as 

described in subsection (f)). 

23 USC 

prec. 401. 


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129 STAT. 1502 PUBLIC LAW 114–94—DEC. 4, 2015 

‘‘(6) STATE GRADUATED DRIVER LICENSING LAWS.—In each 

fiscal year, 5 percent of the funds provided under this section 

shall be allocated among States that adopt and implement 

graduated driver licensing laws (as described in subsection 

(g)). 

‘‘(7) NONMOTORIZED SAFETY.—In each fiscal year, 5 percent 

of the funds provided under this section shall be allocated 

among States that meet requirements with respect to nonmotorized safety (as described in subsection (h)). 

‘‘(8) TRANSFERS.—Notwithstanding paragraphs (1) through 

(7), the Secretary shall reallocate, before the last day of any 

fiscal year, any amounts remaining available to carry out any 

of the activities described in subsections (b) through (h) to 

increase the amount made available under section 402, in order 

to ensure, to the maximum extent possible, that all such 

amounts are obligated during such fiscal year. 

‘‘(9) MAINTENANCE OF EFFORT.— 

‘‘(A) CERTIFICATION.—As part of the grant application 

required in section 402(k)(3)(F), a State receiving a grant 

in any fiscal year under subsection (b), (c), or (d) of this 

section shall provide certification that the lead State agency 

responsible for programs described in any of those subsections is maintaining aggregate expenditures at or above 

the average level of such expenditures in the 2 fiscal years 

prior to the date of enactment of the FAST Act. 

‘‘(B) WAIVER.—Upon the request of a State, the Secretary may waive or modify the requirements under 

subparagraph (A) for not more than 1 fiscal year if the 

Secretary determines that such a waiver would be equitable 

due to exceptional or uncontrollable circumstances. 

‘‘(10) POLITICAL SUBDIVISIONS.—A State may provide the 

funds awarded under this section to a political subdivision 

of the State or an Indian tribal government.’’. 

(b) HIGH SEATBELT USE RATE.—Section 405(b)(4)(B) of title 

23, United States Code, is amended by striking ‘‘75 percent’’ and 

inserting ‘‘100 percent’’. 

(c) IMPAIRED DRIVING COUNTERMEASURES.—Section 405(d) of 

title 23, United States Code, is amended— 

(1) by striking paragraph (4) and inserting the following: 

‘‘(4) USE OF GRANT AMOUNTS.— 

‘‘(A) REQUIRED PROGRAMS.—High-range States shall 

use grant funds for— 

‘‘(i) high-visibility enforcement efforts; and 

‘‘(ii) any of the activities described in subparagraph 

(B) if— 

‘‘(I) the activity is described in the statewide 

plan; and 

‘‘(II) the Secretary approves the use of funding 

for such activity. 

‘‘(B) AUTHORIZED PROGRAMS.—Medium-range and lowrange States may use grant funds for— 

‘‘(i) any of the purposes described in subparagraph 

(A); 

‘‘(ii) hiring a full-time or part-time impaired 

driving coordinator of the State’s activities to address 

the enforcement and adjudication of laws regarding 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1503 

driving while impaired by alcohol, drugs, or the combination of alcohol and drugs; 

‘‘(iii) court support of high-visibility enforcement 

efforts, training and education of criminal justice 

professionals (including law enforcement, prosecutors, 

judges, and probation officers) to assist such professionals in handling impaired driving cases, hiring 

traffic safety resource prosecutors, hiring judicial outreach liaisons, and establishing driving while intoxicated courts; 

‘‘(iv) alcohol ignition interlock programs; 

‘‘(v) improving blood-alcohol concentration testing 

and reporting; 

‘‘(vi) paid and earned media in support of highvisibility enforcement efforts, conducting standardized 

field sobriety training, advanced roadside impaired 

driving evaluation training, and drug recognition 

expert training for law enforcement, and equipment 

and related expenditures used in connection with 

impaired driving enforcement in accordance with criteria established by the National Highway Traffic 

Safety Administration; 

‘‘(vii) training on the use of alcohol and drug 

screening and brief intervention; 

‘‘(viii) training for and implementation of impaired 

driving assessment programs or other tools designed 

to increase the probability of identifying the recidivism 

risk of a person convicted of driving under the influence 

of alcohol, drugs, or a combination of alcohol and drugs 

and to determine the most effective mental health 

or substance abuse treatment or sanction that will 

reduce such risk; 

‘‘(ix) developing impaired driving information systems; and 

‘‘(x) costs associated with a 24-7 sobriety program. 

‘‘(C) OTHER PROGRAMS.—Low-range States may use 

grant funds for any expenditure designed to reduce 

impaired driving based on problem identification and may 

use not more than 50 percent of funds made available 

under this subsection for any project or activity eligible 

for funding under section 402. Medium-range and highrange States may use funds for any expenditure designed 

to reduce impaired driving based on problem identification 

upon approval by the Secretary.’’; 

(2) in paragraph (6)— 

(A) by amending the paragraph heading to read as 

follows: ‘‘ADDITIONAL GRANTS.—’’; 

(B) in subparagraph (A) by amending the subparagraph 

heading to read as follows: ‘‘GRANTS TO STATES WITH

ALCOHOL-IGNITION INTERLOCK LAWS.—’’; 

(C) by redesignating subparagraphs (B) through (D) 

as subparagraphs (C) through (E), respectively; 

(D) by inserting after subparagraph (A), the following: 

‘‘(B) GRANTS TO STATES WITH 24-7 SOBRIETY PROGRAMS.—The Secretary shall make a separate grant under 

this subsection to each State that— 


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129 STAT. 1504 PUBLIC LAW 114–94—DEC. 4, 2015 

‘‘(i) adopts and is enforcing a law that requires 

all individuals convicted of driving under the influence 

of alcohol or of driving while intoxicated to receive 

a restriction on driving privileges; and 

‘‘(ii) provides a 24-7 sobriety program.’’; 

(E) in subparagraph (C), as redesignated, by inserting 

‘‘and subparagraph (B)’’ after ‘‘subparagraph (A)’’; 

(F) in subparagraph (D), as redesignated, by inserting 

‘‘and subparagraph (B)’’ after ‘‘subparagraph (A)’’; 

(G) by amending subparagraph (E), as redesignated, 

to read as follows: 

‘‘(E) FUNDING.— 

‘‘(i) FUNDING FOR GRANTS TO STATES WITH

ALCOHOL-IGNITION INTERLOCK LAWS.—Not more than 

12 percent of the amounts made available to carry 

out this subsection in a fiscal year shall be made 

available by the Secretary for making grants under 

subparagraph (A). 

‘‘(ii) FUNDING FOR GRANTS TO STATES WITH 24-7

SOBRIETY PROGRAMS.—Not more than 3 percent of the 

amounts made available to carry out this subsection 

in a fiscal year shall be made available by the Secretary 

for making grants under subparagraph (B).’’; and 

(H) by adding at the end the following: 

‘‘(F) EXCEPTIONS.—A State alcohol-ignition interlock 

law under subparagraph (A) may include exceptions for 

the following circumstances: 

‘‘(i) The individual is required to operate an 

employer’s motor vehicle in the course and scope of 

employment and the business entity that owns the 

vehicle is not owned or controlled by the individual. 

‘‘(ii) The individual is certified by a medical doctor 

as being unable to provide a deep lung breath sample 

for analysis by an ignition interlock device. 

‘‘(iii) A State-certified ignition interlock provider 

is not available within 100 miles of the individual’s 

residence.’’; and 

(3) in paragraph (7)— 

(A) in subparagraph (A)— 

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

(I) by striking ‘‘or a State agency’’ and 

inserting ‘‘or an agency with jurisdiction’’; and 

(II) by inserting ‘‘bond,’’ before ‘‘sentence’’; 

(ii) in clause (i) by striking ‘‘who plead guilty or’’ 

and inserting ‘‘who was arrested for, plead guilty to, 

or’’; and 

(iii) in clause (ii)(I) by inserting ‘‘at a testing location’’ after ‘‘per day’’; and 

(B) in subparagraph (D) by striking the second period 

at the end. 

(d) DISTRACTED DRIVING GRANTS.—Section 405(e) of title 23, 

United States Code, is amended to read as follows: 

‘‘(e) DISTRACTED DRIVING GRANTS.— 

‘‘(1) IN GENERAL.—The Secretary shall award a grant under 

this subsection to any State that includes distracted driving 

awareness as part of the State’s driver’s license examination, 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1505 

and enacts and enforces a law that meets the requirements 

set forth in paragraphs (2) and (3). 

‘‘(2) PROHIBITION ON TEXTING WHILE DRIVING.—A State law 

meets the requirements set forth in this paragraph if the law— 

‘‘(A) prohibits a driver from texting through a personal 

wireless communications device while driving; 

‘‘(B) makes violation of the law a primary offense; 

‘‘(C) establishes a minimum fine for a violation of the 

law; and 

‘‘(D) does not provide for an exemption that specifically 

allows a driver to text through a personal wireless communication device while stopped in traffic. 

‘‘(3) PROHIBITION ON YOUTH CELL PHONE USE WHILE DRIVING

OR STOPPED IN TRAFFIC.—A State law meets the requirements 

set forth in this paragraph if the law— 

‘‘(A) prohibits a driver from using a personal wireless 

communications device while driving if the driver is— 

‘‘(i) younger than 18 years of age; or 

‘‘(ii) in the learner’s permit or intermediate license 

stage set forth in subsection (g)(2)(B); 

‘‘(B) makes violation of the law a primary offense; 

‘‘(C) establishes a minimum fine for a violation of the 

law; and 

‘‘(D) does not provide for an exemption that specifically 

allows a driver to text through a personal wireless communication device while stopped in traffic. 

‘‘(4) PERMITTED EXCEPTIONS.—A law that meets the requirements set forth in paragraph (2) or (3) may provide exceptions 

for— 

‘‘(A) a driver who uses a personal wireless communications device to contact emergency services; 

‘‘(B) emergency services personnel who use a personal 

wireless communications device while— 

‘‘(i) operating an emergency services vehicle; and 

‘‘(ii) engaged in the performance of their duties 

as emergency services personnel; 

‘‘(C) an individual employed as a commercial motor 

vehicle driver or a school bus driver who uses a personal 

wireless communications device within the scope of such 

individual’s employment if such use is permitted under 

the regulations promulgated pursuant to section 31136 of 

title 49; and 

‘‘(D) any additional exceptions determined by the Secretary through a rulemaking process. 

‘‘(5) USE OF GRANT FUNDS.— 

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

(B), amounts received by a State under this subsection 

shall be used— 

‘‘(i) to educate the public through advertising containing information about the dangers of texting or 

using a cell phone while driving; 

‘‘(ii) for traffic signs that notify drivers about the 

distracted driving law of the State; or 

‘‘(iii) for law enforcement costs related to the 

enforcement of the distracted driving law. 

‘‘(B) FLEXIBILITY.— 


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129 STAT. 1506 PUBLIC LAW 114–94—DEC. 4, 2015 

‘‘(i) Not more than 50 percent of amounts 

received by a State under this subsection may 

be used for any eligible project or activity under 

section 402. 

‘‘(ii) Not more than 75 percent of amounts 

received by a State under this subsection may 

be used for any eligible project or activity under 

section 402 if the State has conformed its distracted driving data to the most recent Model Minimum Uniform Crash Criteria published by the 

Secretary. 

‘‘(6) ADDITIONAL DISTRACTED DRIVING GRANTS.— 

‘‘(A) IN GENERAL.—Notwithstanding paragraph (1), for 

each of fiscal years 2017 and 2018, the Secretary shall 

use up to 25 percent of the amounts available for grants 

under this subsection to award grants to any State that— 

‘‘(i) in fiscal year 2017— 

‘‘(I) certifies that it has enacted a basic text 

messaging statute that— 

‘‘(aa) is applicable to drivers of all ages; 

and 

‘‘(bb) makes violation of the basic text 

messaging statute a primary offense or secondary enforcement action as allowed by State 

statute; and 

‘‘(II) is otherwise ineligible for a grant under 

this subsection; and 

‘‘(ii) in fiscal year 2018— 

‘‘(I) certifies that it has enacted a basic text 

messaging statute that— 

‘‘(aa) is applicable to drivers of all ages; 

and 

‘‘(bb) makes violation of the basic text 

messaging statute a primary offense; 

‘‘(II) imposes fines for violations; 

‘‘(III) has a statute that prohibits drivers who 

are younger than 18 years of age from using a 

personal wireless communications device while 

driving; and 

‘‘(IV) is otherwise ineligible for a grant under 

this subsection. 

‘‘(B) USE OF GRANT FUNDS.— 

‘‘(i) IN GENERAL.—Notwithstanding paragraph (5) 

and subject to clauses (ii) and (iii) of this subparagraph, 

amounts received by a State under subparagraph (A) 

may be used for activities related to the enforcement 

of distracted driving laws, including for public information and awareness purposes. 

‘‘(ii) FISCAL YEAR 2017.—In fiscal year 2017, up 

to 15 percent of the amounts received by a State under 

subparagraph (A) may be used for any eligible project 

or activity under section 402. 

‘‘(iii) FISCAL YEAR 2018.—In fiscal year 2018, up 

to 25 percent of the amounts received by a State under 

subparagraph (A) may be used for any eligible project 

or activity under section 402. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1507 

‘‘(7) ALLOCATION TO SUPPORT STATE DISTRACTED DRIVING

LAWS.—Of the amounts available under this subsection in a 

fiscal year for distracted driving grants, the Secretary may 

expend not more than $5,000,000 for the development and 

placement of broadcast media to reduce distracted driving of 

motor vehicles. 

‘‘(8) GRANT AMOUNT.—The allocation of grant funds to a 

State under this subsection for a fiscal year shall be in proportion to the State’s apportionment under section 402 for fiscal 

year 2009. 

‘‘(9) DEFINITIONS.—In this subsection, the following definitions apply: 

‘‘(A) DRIVING.—The term ‘driving’— 

‘‘(i) means operating a motor vehicle on a public 

road; and 

‘‘(ii) does not include operating a motor vehicle 

when the vehicle has pulled over to the side of, or 

off, an active roadway and has stopped in a location 

where it can safely remain stationary. 

‘‘(B) PERSONAL WIRELESS COMMUNICATIONS DEVICE.— 

The term ‘personal wireless communications device’— 

‘‘(i) means a device through which personal wireless services (as defined in section 332(c)(7)(C)(i) of 

the Communications Act of 1934 (47 U.S.C. 

332(c)(7)(C)(i))) are transmitted; and 

‘‘(ii) does not include a global navigation satellite 

system receiver used for positioning, emergency 

notification, or navigation purposes. 

‘‘(C) PRIMARY OFFENSE.—The term ‘primary offense’ 

means an offense for which a law enforcement officer may 

stop a vehicle solely for the purpose of issuing a citation 

in the absence of evidence of another offense. 

‘‘(D) PUBLIC ROAD.—The term ‘public road’ has the 

meaning given such term in section 402(c). 

‘‘(E) TEXTING.—The term ‘texting’ means reading from 

or manually entering data into a personal wireless communications device, including doing so for the purpose of SMS 

texting, emailing, instant messaging, or engaging in any 

other form of electronic data retrieval or electronic data 

communication.’’. 

(e) MOTORCYCLIST SAFETY.—Section 405(f) of title 23, United 

States Code, is amended— 

(1) by striking paragraph (2) and inserting the following: 

‘‘(2) GRANT AMOUNT.—The allocation of grant funds to a 

State under this subsection for a fiscal year shall be in proportion to the State’s apportionment under section 402 for fiscal 

year 2009, except that the amount of a grant awarded to 

a State for a fiscal year may not exceed 25 percent of the 

amount apportioned to the State under such section for fiscal 

year 2009.’’; 

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

‘‘(C) FLEXIBILITY.—Not more than 50 percent of grant 

funds received by a State under this subsection may be 

used for any eligible project or activity under section 402 

if the State is in the lowest 25 percent of all States for 

motorcycle deaths per 10,000 motorcycle registrations 


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129 STAT. 1508 PUBLIC LAW 114–94—DEC. 4, 2015 

based on the most recent data that conforms with criteria 

established by the Secretary.’’; and 

(3) by adding at the end the following: 

‘‘(6) SHARE-THE-ROAD MODEL LANGUAGE.—Not later than 

1 year after the date of enactment of this paragraph, the 

Secretary shall update and provide to the States model language, for use in traffic safety education courses, driver’s 

manuals, and other driver training materials, that provides 

instruction for drivers of motor vehicles on the importance 

of sharing the road safely with motorcyclists.’’. 

(f) MINIMUM REQUIREMENTS FOR STATE GRADUATED DRIVER

LICENSING INCENTIVE GRANT PROGRAM.—Section 405(g) of title 23, 

United States Code, is amended— 

(1) in paragraph (2)— 

(A) in subparagraph (A) by striking ‘‘21’’ and inserting 

‘‘18’’; and 

(B) by amending subparagraph (B) to read as follows: 

‘‘(B) LICENSING PROCESS.—A State is in compliance 

with the 2-stage licensing process described in this subparagraph if the State’s driver’s license laws include— 

‘‘(i) a learner’s permit stage that— 

‘‘(I) is at least 6 months in duration; 

‘‘(II) contains a prohibition on the driver using 

a personal wireless communications device (as 

defined in subsection (e)) while driving except 

under an exception permitted under paragraph (4) 

of that subsection, and makes a violation of the 

prohibition a primary offense; 

‘‘(III) requires applicants to successfully pass 

a vision and knowledge assessment prior to 

receiving a learner’s permit; 

‘‘(IV) requires that the driver be accompanied 

and supervised at all times while the driver is 

operating a motor vehicle by a licensed driver who 

is at least 21 years of age or is a State-certified 

driving instructor; 

‘‘(V) has a requirement that the driver— 

‘‘(aa) complete a State-certified driver education or training course; or 

‘‘(bb) obtain at least 50 hours of behindthe-wheel training, with at least 10 hours at 

night, with a licensed driver; and 

‘‘(VI) remains in effect until the driver— 

‘‘(aa) reaches 16 years of age and enters 

the intermediate stage; or 

‘‘(bb) reaches 18 years of age; 

‘‘(ii) an intermediate stage that— 

‘‘(I) commences immediately after the expiration of the learner’s permit stage and successful 

completion of a driving skills assessment; 

‘‘(II) is at least 6 months in duration; 

‘‘(III) prohibits the driver from using a personal wireless communications device (as defined 

in subsection (e)) while driving except under an 

exception permitted under paragraph (4) of that 

subsection, and makes a violation of the prohibition a primary offense; 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1509 

‘‘(IV) for the first 6 months of the intermediate 

stage, restricts driving at night between the hours 

of 10:00 p.m. and 5:00 a.m. when not supervised 

by a licensed driver 21 years of age or older, 

excluding transportation to work, school, religious 

activities, or emergencies; 

‘‘(V) prohibits the driver from operating a 

motor vehicle with more than 1 nonfamilial passenger younger than 21 years of age unless a 

licensed driver who is at least 21 years of age 

is in the motor vehicle; and 

‘‘(VI) remains in effect until the driver reaches 

17 years of age; and 

‘‘(iii) learner’s permit and intermediate stages that 

each require, in addition to any other penalties imposed 

by State law, that the granting of an unrestricted 

driver’s license be automatically delayed for any individual who, during the learner’s permit or intermediate 

stage, is convicted of a driving-related offense during 

the first 6 months, including— 

‘‘(I) driving while intoxicated; 

‘‘(II) misrepresentation of the individual’s age; 

‘‘(III) reckless driving; 

‘‘(IV) driving without wearing a seat belt; 

‘‘(V) speeding; or 

‘‘(VI) any other driving-related offense, as 

determined by the Secretary.’’; and 

(2) by adding at the end the following: 

‘‘(6) SPECIAL RULE.—Notwithstanding paragraph (5), up to 

100 percent of grant funds received by a State under this 

subsection may be used for any eligible project or activity 

under section 402, if the State is in the lowest 25 percent 

of all States for the number of drivers under age 18 involved 

in fatal crashes in the State per the total number of drivers 

under age 18 in the State based on the most recent data 

that conforms with criteria established by the Secretary.’’. 

(g) NONMOTORIZED SAFETY.—Section 405 of title 23, United 

States Code, is amended by adding at the end the following: 

‘‘(h) NONMOTORIZED SAFETY.— 

‘‘(1) GENERAL AUTHORITY.—Subject to the requirements 

under this subsection, the Secretary shall award grants to 

States for the purpose of decreasing pedestrian and bicycle 

fatalities and injuries that result from crashes involving a 

motor vehicle. 

‘‘(2) FEDERAL SHARE.—The Federal share of the cost of 

a project carried out by a State using amounts from a grant 

awarded under this subsection may not exceed 80 percent. 

‘‘(3) ELIGIBILITY.—A State shall receive a grant under this 

subsection in a fiscal year if the annual combined pedestrian 

and bicycle fatalities in the State exceed 15 percent of the 

total annual crash fatalities in the State, based on the most 

recently reported final data from the Fatality Analysis 

Reporting System. 

‘‘(4) USE OF GRANT AMOUNTS.—Grant funds received by 

a State under this subsection may be used for— 

‘‘(A) training of law enforcement officials on State laws 

applicable to pedestrian and bicycle safety; 


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129 STAT. 1510 PUBLIC LAW 114–94—DEC. 4, 2015 

‘‘(B) enforcement mobilizations and campaigns 

designed to enforce State traffic laws applicable to pedestrian and bicycle safety; and 

‘‘(C) public education and awareness programs 

designed to inform motorists, pedestrians, and bicyclists 

of State traffic laws applicable to pedestrian and bicycle 

safety. 

‘‘(5) GRANT AMOUNT.—The allocation of grant funds to a 

State under this subsection for a fiscal year shall be in proportion to the State’s apportionment under section 402 for fiscal 

year 2009.’’. 

SEC. 4006. TRACKING PROCESS. 

Section 412 of title 23, United States Code, is amended by 

adding at the end the following: 

‘‘(f) TRACKING PROCESS.—The Secretary shall develop a process 

to identify and mitigate possible systemic issues across States and 

regional offices by reviewing oversight findings and recommended 

actions identified in triennial State management reviews.’’. 

SEC. 4007. STOP MOTORCYCLE CHECKPOINT FUNDING. 

Notwithstanding section 153 of title 23, United States Code, 

the Secretary may not provide a grant or any funds to a State, 

county, town, township, Indian tribe, municipality, or other local 

government that may be used for any program— 

(1) to check helmet usage; or 

(2) to create checkpoints that specifically target motorcycle 

operators or motorcycle passengers. 

SEC. 4008. MARIJUANA-IMPAIRED DRIVING. 

(a) STUDY.—The Secretary, in consultation with the heads of 

other Federal agencies as appropriate, shall conduct a study on 

marijuana-impaired driving. 

(b) ISSUES TO BE EXAMINED.—In conducting the study, the 

Secretary shall examine, at a minimum, the following: 

(1) Methods to detect marijuana-impaired driving, 

including devices capable of measuring marijuana levels in 

motor vehicle operators. 

(2) A review of impairment standard research for driving 

under the influence of marijuana. 

(3) Methods to differentiate the cause of a driving impairment between alcohol and marijuana. 

(4) State-based policies on marijuana-impaired driving. 

(5) The role and extent of marijuana impairment in motor 

vehicle accidents. 

(c) REPORT.— 

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

of enactment of this Act, the Secretary, in cooperation with 

other Federal agencies as appropriate, shall submit to the Committee on Transportation and Infrastructure of the House of 

Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate a report on the results of the 

study. 

(2) CONTENTS.—The report shall include, at a minimum, 

the following: 

(A) FINDINGS.—The findings of the Secretary based 

on the study, including, at a minimum, the following: 

23 USC 153 note. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1511 

(i) An assessment of methodologies and technologies for measuring driver impairment resulting 

from the use of marijuana, including the use of marijuana in combination with alcohol. 

(ii) A description and assessment of the role of 

marijuana as a causal factor in traffic crashes and 

the extent of the problem of marijuana-impaired 

driving. 

(iii) A description and assessment of current State 

laws relating to marijuana-impaired driving. 

(iv) A determination whether an impairment 

standard for drivers under the influence of marijuana 

is feasible and could reduce vehicle accidents and save 

lives. 

(B) RECOMMENDATIONS.—The recommendations of the 

Secretary based on the study, including, at a minimum, 

the following: 

(i) Effective and efficient methods for training law 

enforcement personnel, including drug recognition 

experts, to detect or measure the level of impairment 

of a motor vehicle operator who is under the influence 

of marijuana by the use of technology or otherwise. 

(ii) If feasible, an impairment standard for driving 

under the influence of marijuana. 

(iii) Methodologies for increased data collection 

regarding the prevalence and effects of marijuanaimpaired driving. 

(d) MARIJUANA DEFINED.—In this section, the term ‘‘marijuana’’ 

includes all substances containing tetrahydrocannabinol. 

SEC. 4009. INCREASING PUBLIC AWARENESS OF THE DANGERS OF 

DRUG-IMPAIRED DRIVING. 

(a) ADDITIONAL ACTIONS.—The Administrator of the National 

Highway Traffic Safety Administration, in consultation with the 

White House Office of National Drug Control Policy, the Secretary 

of Health and Human Services, State highway safety offices, and 

other interested parties, as determined by the Administrator, shall 

identify and carry out additional actions that should be undertaken 

by the Administration to assist States in their efforts to increase 

public awareness of the dangers of drug-impaired driving, including 

the dangers of driving while under the influence of heroin or 

prescription opioids. 

(b) REPORT.—Not later than 60 days after the date of enactment 

of this Act, the Administrator shall submit to the Committee on 

Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the additional actions undertaken by the Administration pursuant to subsection (a). 

SEC. 4010. NATIONAL PRIORITY SAFETY PROGRAM GRANT ELIGIBILITY. 

Not later than 60 days after the date on which the Secretary 

awards grants under section 405 of title 23, United States Code, 

the Secretary shall make available on a publicly available Internet 

Web site of the Department of Transportation— 

(1) an identification of— 

(A) the States that were awarded grants under such 

section; 

23 USC 405 note. 

23 USC 402 note. 


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129 STAT. 1512 PUBLIC LAW 114–94—DEC. 4, 2015 

(B) the States that applied and were not awarded 

grants under such section; and 

(C) the States that did not apply for a grant under 

such section; and 

(2) a list of deficiencies that made a State ineligible for 

a grant under such section for each State under paragraph 

(1)(B). 

SEC. 4011. DATA COLLECTION. 

Section 1906 of SAFETEA–LU (23 U.S.C. 402 note) is 

amended— 

(1) in subsection (a)(1)— 

(A) by striking ‘‘(A) has enacted’’ and all that follows 

through ‘‘(B) is maintaining’’ and inserting ‘‘is 

maintaining’’; and 

(B) by striking ‘‘and any passengers’’; 

(2) by striking subsection (b) and inserting the following: 

‘‘(b) USE OF GRANT FUNDS.—A grant received by a State under 

subsection (a) shall be used by the State for the costs of— 

‘‘(1) collecting and maintaining data on traffic stops; and 

‘‘(2) evaluating the results of the data.’’; 

(3) by striking subsection (c) and redesignating subsections 

(d) and (e) as subsections (c) and (d), respectively; 

(4) in subsection (c)(2), as so redesignated, by striking 

‘‘A State’’ and inserting ‘‘On or after October 1, 2015, a State’’; 

and 

(5) in subsection (d), as so redesignated— 

(A) in the subsection heading by striking ‘‘AUTHORIZATION OF APPROPRIATIONS’’ and inserting ‘‘FUNDING’’; 

(B) by striking paragraph (1) and inserting the following: 

‘‘(1) IN GENERAL.—From funds made available under section 

403 of title 23, United States Code, the Secretary shall set 

aside $7,500,000 for each of fiscal years 2017 through 2020 

to carry out this section.’’; 

(C) in paragraph (2)— 

(i) by striking ‘‘authorized by’’ and inserting ‘‘made 

available under’’; and 

(ii) by striking ‘‘percent,’’ and all that follows 

through the period at the end and inserting ‘‘percent.’’; 

and 

(D) by adding at the end the following: 

‘‘(3) OTHER USES.—The Secretary may reallocate, before 

the last day of any fiscal year, amounts remaining available 

under paragraph (1) to increase the amounts made available 

to carry out any of other activities authorized under section 

403 of title 23, United States Code, in order to ensure, to 

the maximum extent possible, that all such amounts are obligated during such fiscal year.’’. 

SEC. 4012. STUDY ON THE NATIONAL ROADSIDE SURVEY OF ALCOHOL 

AND DRUG USE BY DRIVERS. 

Not later than 180 days after the date on which the Comptroller 

General of the United States reviews and reports on the overall 

value of the National Roadside Survey to researchers and other 

public safety stakeholders, the differences between a National Roadside Survey site and typical law enforcement checkpoints, and the 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1513 

effectiveness of the National Roadside Survey methodology at protecting the privacy of the driving public, as requested by the Committee on Appropriations of the Senate on June 5, 2014 (Senate 

Report 113–182), the Secretary shall report to Congress on the 

National Highway Traffic Safety Administration’s progress toward 

reviewing that report and implementing any recommendations 

made in that report. 

SEC. 4013. BARRIERS TO DATA COLLECTION REPORT. 

Not later than 180 days after the date of enactment of this 

Act, the Administrator of the National Highway Traffic Safety 

Administration shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that— 

(1) identifies any legal and technical barriers to capturing 

adequate data on the prevalence of the use of wireless communications devices while driving; and 

(2) provides recommendations on how to address such barriers. 

SEC. 4014. TECHNICAL CORRECTIONS. 

Title 23, United States Code, is amended as follows: 

(1) Section 402 is amended— 

(A) in subsection (b)(1)— 

(i) in subparagraph (C) by striking ‘‘paragraph (3)’’ 

and inserting ‘‘paragraph (2)’’; and 

(ii) in subparagraph (E)— 

(I) by striking ‘‘in which’’ and inserting ‘‘for 

which’’; and 

(II) by striking ‘‘under subsection (f)’’ and 

inserting ‘‘under subsection (k)’’; and 

(B) in subsection (k)(5), as redesignated by this Act, 

by striking ‘‘under paragraph (2)(A)’’ and inserting ‘‘under 

paragraph (3)(A)’’. 

(2) Section 403(e) is amended by striking ‘‘chapter 301’’ 

and inserting ‘‘chapter 301 of title 49’’. 

(3) Section 405 is amended— 

(A) in subsection (d)— 

(i) in paragraph (5) by striking ‘‘under section 

402(c)’’ and inserting ‘‘under section 402’’; and 

(ii) in paragraph (6)(D), as redesignated by this 

Act, by striking ‘‘on the basis of the apportionment 

formula set forth in section 402(c)’’ and inserting ‘‘in 

proportion to the State’s apportionment under section 

402 for fiscal year 2009’’; and 

(B) in subsection (f)(4)(A)(iv)— 

(i) by striking ‘‘such as the’’ and inserting 

‘‘including’’; and 

(ii) by striking ‘‘developed under subsection (g)’’. 

SEC. 4015. EFFECTIVE DATE FOR CERTAIN PROGRAMS. 

Notwithstanding any other provision of this Act, except for 

the technical corrections in section 4014, the amendments made 

by this Act to sections 164, 402, and 405 of title 23, United States 

Code, shall be effective on October 1, 2016. 

23 USC 164 note. 


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129 STAT. 1514 PUBLIC LAW 114–94—DEC. 4, 2015 

TITLE V—MOTOR CARRIER SAFETY 

Subtitle A—Motor Carrier Safety Grant 

Consolidation 

SEC. 5101. GRANTS TO STATES. 

(a) MOTOR CARRIER SAFETY ASSISTANCE PROGRAM.—Section 

31102 of title 49, United States Code, is amended to read as 

follows: 

‘‘§ 31102. Motor carrier safety assistance program 

‘‘(a) IN GENERAL.—The Secretary of Transportation shall administer a motor carrier safety assistance program funded under section 

31104. 

‘‘(b) GOAL.—The goal of the program is to ensure that the 

Secretary, States, local governments, other political jurisdictions, 

federally recognized Indian tribes, and other persons work in partnership to establish programs to improve motor carrier, commercial 

motor vehicle, and driver safety to support a safe and efficient 

surface transportation system by— 

‘‘(1) making targeted investments to promote safe commercial motor vehicle transportation, including the transportation 

of passengers and hazardous materials; 

‘‘(2) investing in activities likely to generate maximum 

reductions in the number and severity of commercial motor 

vehicle crashes and in fatalities resulting from such crashes; 

‘‘(3) adopting and enforcing effective motor carrier, commercial motor vehicle, and driver safety regulations and practices 

consistent with Federal requirements; and 

‘‘(4) assessing and improving statewide performance by setting program goals and meeting performance standards, measures, and benchmarks. 

‘‘(c) STATE PLANS.— 

‘‘(1) IN GENERAL.—In carrying out the program, the Secretary shall prescribe procedures for a State to submit a multiple-year plan, and annual updates thereto, under which the 

State agrees to assume responsibility for improving motor carrier safety by adopting and enforcing State regulations, standards, and orders that are compatible with the regulations, 

standards, and orders of the Federal Government on commercial motor vehicle safety and hazardous materials transportation safety. 

‘‘(2) CONTENTS.—The Secretary shall approve a State plan 

if the Secretary determines that the plan is adequate to comply 

with the requirements of this section, and the plan— 

‘‘(A) implements performance-based activities, 

including deployment and maintenance of technology to 

enhance the efficiency and effectiveness of commercial 

motor vehicle safety programs; 

‘‘(B) designates a lead State commercial motor vehicle 

safety agency responsible for administering the plan 

throughout the State; 

‘‘(C) contains satisfactory assurances that the lead 

State commercial motor vehicle safety agency has or will 


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have the legal authority, resources, and qualified personnel 

necessary to enforce the regulations, standards, and orders; 

‘‘(D) contains satisfactory assurances that the State 

will devote adequate resources to the administration of 

the plan and enforcement of the regulations, standards, 

and orders; 

‘‘(E) provides a right of entry (or other method a State 

may use that the Secretary determines is adequate to 

obtain necessary information) and inspection to carry out 

the plan; 

‘‘(F) provides that all reports required under this section be available to the Secretary on request; 

‘‘(G) provides that the lead State commercial motor 

vehicle safety agency will adopt the reporting requirements 

and use the forms for recordkeeping, inspections, and investigations that the Secretary prescribes; 

‘‘(H) requires all registrants of commercial motor 

vehicles to demonstrate knowledge of applicable safety 

regulations, standards, and orders of the Federal Government and the State; 

‘‘(I) provides that the State will grant maximum reciprocity for inspections conducted under the North American 

Inspection Standards through the use of a nationally 

accepted system that allows ready identification of previously inspected commercial motor vehicles; 

‘‘(J) ensures that activities described in subsection (h), 

if financed through grants to the State made under this 

section, will not diminish the effectiveness of the development and implementation of the programs to improve motor 

carrier, commercial motor vehicle, and driver safety as 

described in subsection (b); 

‘‘(K) ensures that the lead State commercial motor 

vehicle safety agency will coordinate the plan, data collection, and information systems with the State highway 

safety improvement program required under section 148(c) 

of title 23; 

‘‘(L) ensures participation in appropriate Federal Motor 

Carrier Safety Administration information technology and 

data systems and other information systems by all appropriate jurisdictions receiving motor carrier safety assistance 

program funding; 

‘‘(M) ensures that information is exchanged among the 

States in a timely manner; 

‘‘(N) provides satisfactory assurances that the State 

will undertake efforts that will emphasize and improve 

enforcement of State and local traffic safety laws and regulations related to commercial motor vehicle safety; 

‘‘(O) provides satisfactory assurances that the State 

will address national priorities and performance goals, 

including— 

‘‘(i) activities aimed at removing impaired commercial motor vehicle drivers from the highways of the 

United States through adequate enforcement of regulations on the use of alcohol and controlled substances 

and by ensuring ready roadside access to alcohol detection and measuring equipment; 


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‘‘(ii) activities aimed at providing an appropriate 

level of training to State motor carrier safety assistance 

program officers and employees on recognizing drivers 

impaired by alcohol or controlled substances; and 

‘‘(iii) when conducted with an appropriate commercial motor vehicle inspection, criminal interdiction 

activities, and appropriate strategies for carrying out 

those interdiction activities, including interdiction 

activities that affect the transportation of controlled 

substances (as defined in section 102 of the Comprehensive Drug Abuse Prevention and Control Act 

of 1970 (21 U.S.C. 802) and listed in part 1308 of 

title 21, Code of Federal Regulations, as updated and 

republished from time to time) by any occupant of 

a commercial motor vehicle; 

‘‘(P) provides that the State has established and dedicated sufficient resources to a program to ensure that— 

‘‘(i) the State collects and reports to the Secretary 

accurate, complete, and timely motor carrier safety 

data; and 

‘‘(ii) the State participates in a national motor 

carrier safety data correction system prescribed by the 

Secretary; 

‘‘(Q) ensures that the State will cooperate in the 

enforcement of financial responsibility requirements under 

sections 13906, 31138, and 31139 and regulations issued 

under those sections; 

‘‘(R) ensures consistent, effective, and reasonable sanctions; 

‘‘(S) ensures that roadside inspections will be conducted 

at locations that are adequate to protect the safety of 

drivers and enforcement personnel; 

‘‘(T) provides that the State will include in the training 

manuals for the licensing examination to drive noncommercial motor vehicles and commercial motor vehicles information on best practices for driving safely in the vicinity 

of noncommercial and commercial motor vehicles; 

‘‘(U) provides that the State will enforce the registration requirements of sections 13902 and 31134 by prohibiting the operation of any vehicle discovered to be operated 

by a motor carrier without a registration issued under 

those sections or to be operated beyond the scope of the 

motor carrier’s registration; 

‘‘(V) provides that the State will conduct comprehensive 

and highly visible traffic enforcement and commercial 

motor vehicle safety inspection programs in high-risk locations and corridors; 

‘‘(W) except in the case of an imminent hazard or 

obvious safety hazard, ensures that an inspection of a 

vehicle transporting passengers for a motor carrier of passengers is conducted at a bus station, terminal, border 

crossing, maintenance facility, destination, or other location 

where a motor carrier may make a planned stop (excluding 

a weigh station); 

‘‘(X) ensures that the State will transmit to its roadside 

inspectors notice of each Federal exemption granted under 

section 31315(b) of this title and sections 390.23 and 390.25 


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of title 49, Code of Federal Regulations, and provided to 

the State by the Secretary, including the name of the 

person that received the exemption and any terms and 

conditions that apply to the exemption; 

‘‘(Y) except as provided in subsection (d), provides that 

the State— 

‘‘(i) will conduct safety audits of interstate and, 

at the State’s discretion, intrastate new entrant motor 

carriers under section 31144(g); and 

‘‘(ii) if the State authorizes a third party to conduct 

safety audits under section 31144(g) on its behalf, the 

State verifies the quality of the work conducted and 

remains solely responsible for the management and 

oversight of the activities; 

‘‘(Z) provides that the State agrees to fully participate 

in the performance and registration information systems 

management under section 31106(b) not later than October 

1, 2020, by complying with the conditions for participation 

under paragraph (3) of that section, or demonstrates to 

the Secretary an alternative approach for identifying and 

immobilizing a motor carrier with serious safety deficiencies in a manner that provides an equivalent level 

of safety; 

‘‘(AA) in the case of a State that shares a land border 

with another country, provides that the State— 

‘‘(i) will conduct a border commercial motor vehicle 

safety program focusing on international commerce 

that includes enforcement and related projects; or 

‘‘(ii) will forfeit all funds calculated by the Secretary based on border-related activities if the State 

declines to conduct the program described in clause 

(i) in its plan; and 

‘‘(BB) in the case of a State that meets the other 

requirements of this section and agrees to comply with 

the requirements established in subsection (l)(3), provides 

that the State may fund operation and maintenance costs 

associated with innovative technology deployment under 

subsection (l)(3) with motor carrier safety assistance program funds authorized under section 31104(a)(1). 

‘‘(3) PUBLICATION.— 

‘‘(A) IN GENERAL.—Subject to subparagraph (B), the 

Secretary shall publish each approved State multiple-year 

plan, and each annual update thereto, on a publically accessible Internet Web site of the Department of Transportation 

not later than 30 days after the date the Secretary approves 

the plan or update. 

‘‘(B) LIMITATION.—Before publishing an approved State 

multiple-year plan or annual update under subparagraph 

(A), the Secretary shall redact any information identified 

by the State that, if disclosed— 

‘‘(i) would reasonably be expected to interfere with 

enforcement proceedings; or 

‘‘(ii) would reveal enforcement techniques or procedures that would reasonably be expected to risk circumvention of the law. 

‘‘(d) EXCLUSION OF U.S. TERRITORIES.—The requirement that 

a State conduct safety audits of new entrant motor carriers under 


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129 STAT. 1518 PUBLIC LAW 114–94—DEC. 4, 2015 

subsection (c)(2)(Y) does not apply to a territory of the United 

States unless required by the Secretary. 

‘‘(e) INTRASTATE COMPATIBILITY.—The Secretary shall prescribe 

regulations specifying tolerance guidelines and standards for 

ensuring compatibility of intrastate commercial motor vehicle safety 

laws, including regulations, with Federal motor carrier safety regulations to be enforced under subsections (b) and (c). To the extent 

practicable, the guidelines and standards shall allow for maximum 

flexibility while ensuring a degree of uniformity that will not 

diminish motor vehicle safety. 

‘‘(f) MAINTENANCE OF EFFORT.— 

‘‘(1) BASELINE.—Except as provided under paragraphs (2) 

and (3) and in accordance with section 5107 of the FAST 

Act, a State plan under subsection (c) shall provide that the 

total expenditure of amounts of the lead State commercial 

motor vehicle safety agency responsible for administering the 

plan will be maintained at a level each fiscal year that is 

at least equal to— 

‘‘(A) the average level of that expenditure for fiscal 

years 2004 and 2005; or 

‘‘(B) the level of that expenditure for the year in which 

the Secretary implements a new allocation formula under 

section 5106 of the FAST Act. 

‘‘(2) ADJUSTED BASELINE AFTER FISCAL YEAR 2017.—At the 

request of a State, the Secretary may evaluate additional documentation related to the maintenance of effort and may make 

reasonable adjustments to the maintenance of effort baseline 

after the year in which the Secretary implements a new allocation formula under section 5106 of the FAST Act, and this 

adjusted baseline will replace the maintenance of effort requirement under paragraph (1). 

‘‘(3) WAIVERS.—At the request of a State, the Secretary 

may waive or modify the requirements of this subsection for 

a total of 1 fiscal year if the Secretary determines that the 

waiver or modification is reasonable, based on circumstances 

described by the State, to ensure the continuation of commercial 

motor vehicle enforcement activities in the State. 

‘‘(4) LEVEL OF STATE EXPENDITURES.—In estimating the 

average level of a State’s expenditures under paragraph (1), 

the Secretary— 

‘‘(A) may allow the State to exclude State expenditures 

for federally sponsored demonstration and pilot programs 

and strike forces; 

‘‘(B) may allow the State to exclude expenditures for 

activities related to border enforcement and new entrant 

safety audits; and 

‘‘(C) shall require the State to exclude State matching 

amounts used to receive Federal financing under section 

31104. 

‘‘(g) USE OF UNIFIED CARRIER REGISTRATION FEES AGREEMENT.—Amounts generated under section 14504a and received by 

a State and used for motor carrier safety purposes may be included 

as part of the State’s match required under section 31104 or maintenance of effort required by subsection (f). 

‘‘(h) USE OF GRANTS TO ENFORCE OTHER LAWS.—When 

approved as part of a State’s plan under subsection (c), the State 


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may use motor carrier safety assistance program funds received 

under this section— 

‘‘(1) if the activities are carried out in conjunction with 

an appropriate inspection of a commercial motor vehicle to 

enforce Federal or State commercial motor vehicle safety regulations, for— 

‘‘(A) enforcement of commercial motor vehicle size and 

weight limitations at locations, excluding fixed-weight 

facilities, such as near steep grades or mountainous terrains, where the weight of a commercial motor vehicle 

can significantly affect the safe operation of the vehicle, 

or at ports where intermodal shipping containers enter 

and leave the United States; and 

‘‘(B) detection of and enforcement actions taken as 

a result of criminal activity, including the trafficking of 

human beings, in a commercial motor vehicle or by any 

occupant, including the operator, of the commercial motor 

vehicle; and 

‘‘(2) for documented enforcement of State traffic laws and 

regulations designed to promote the safe operation of commercial motor vehicles, including documented enforcement of such 

laws and regulations relating to noncommercial motor vehicles 

when necessary to promote the safe operation of commercial 

motor vehicles, if— 

‘‘(A) the number of motor carrier safety activities, 

including roadside safety inspections, conducted in the 

State is maintained at a level at least equal to the average 

level of such activities conducted in the State in fiscal 

years 2004 and 2005; and 

‘‘(B) the State does not use more than 10 percent 

of the basic amount the State receives under a grant 

awarded under section 31104(a)(1) for enforcement activities relating to noncommercial motor vehicles necessary 

to promote the safe operation of commercial motor vehicles 

unless the Secretary determines that a higher percentage 

will result in significant increases in commercial motor 

vehicle safety. 

‘‘(i) EVALUATION OF PLANS AND AWARD OF GRANTS.— 

‘‘(1) AWARDS.—The Secretary shall establish criteria for 

the application, evaluation, and approval of State plans under 

this section. Subject to subsection (j), the Secretary may allocate 

the amounts made available under section 31104(a)(1) among 

the States. 

‘‘(2) OPPORTUNITY TO CURE.—If the Secretary disapproves 

a plan under this section, the Secretary shall give the State 

a written explanation of the reasons for disapproval and allow 

the State to modify and resubmit the plan for approval. 

‘‘(j) ALLOCATION OF FUNDS.— 

‘‘(1) IN GENERAL.—The Secretary, by regulation, shall prescribe allocation criteria for funds made available under section 

31104(a)(1). 

‘‘(2) ANNUAL ALLOCATIONS.—On October 1 of each fiscal 

year, or as soon as practicable thereafter, and after making 

a deduction under section 31104(c), the Secretary shall allocate 

amounts made available under section 31104(a)(1) to carry 

out this section for the fiscal year among the States with 


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129 STAT. 1520 PUBLIC LAW 114–94—DEC. 4, 2015 

plans approved under this section in accordance with the criteria prescribed under paragraph (1). 

‘‘(3) ELECTIVE ADJUSTMENTS.—Subject to the availability 

of funding and notwithstanding fluctuations in the data elements used by the Secretary to calculate the annual allocation 

amounts, after the creation of a new allocation formula under 

section 5106 of the FAST Act, the Secretary may not make 

elective adjustments to the allocation formula that decrease 

a State’s Federal funding levels by more than 3 percent in 

a fiscal year. The 3 percent limit shall not apply to the withholding provisions of subsection (k). 

‘‘(k) PLAN MONITORING.— 

‘‘(1) IN GENERAL.—On the basis of reports submitted by 

the lead State agency responsible for administering a State 

plan approved under this section and an investigation by the 

Secretary, the Secretary shall periodically evaluate State 

implementation of and compliance with the State plan. 

‘‘(2) WITHHOLDING OF FUNDS.— 

‘‘(A) DISAPPROVAL.—If, after notice and an opportunity 

to be heard, the Secretary finds that a State plan previously 

approved under this section is not being followed or has 

become inadequate to ensure enforcement of State regulations, standards, or orders described in subsection (c)(1), 

or the State is otherwise not in compliance with the requirements of this section, the Secretary may withdraw approval 

of the State plan and notify the State. Upon the receipt 

of such notice, the State plan shall no longer be in effect 

and the Secretary shall withhold all funding to the State 

under this section. 

‘‘(B) NONCOMPLIANCE WITHHOLDING.—In lieu of withdrawing approval of a State plan under subparagraph (A), 

the Secretary may, after providing notice to the State and 

an opportunity to be heard, withhold funding from the 

State to which the State would otherwise be entitled under 

this section for the period of the State’s noncompliance. 

In exercising this option, the Secretary may withhold— 

‘‘(i) up to 5 percent of funds during the fiscal 

year that the Secretary notifies the State of its noncompliance; 

‘‘(ii) up to 10 percent of funds for the first full 

fiscal year of noncompliance; 

‘‘(iii) up to 25 percent of funds for the second 

full fiscal year of noncompliance; and 

‘‘(iv) not more than 50 percent of funds for the 

third and any subsequent full fiscal year of noncompliance. 

‘‘(3) JUDICIAL REVIEW.—A State adversely affected by a 

determination under paragraph (2) may seek judicial review 

under chapter 7 of title 5. Notwithstanding the disapproval 

of a State plan under paragraph (2)(A) or the withholding 

of funds under paragraph (2)(B), the State may retain jurisdiction in an administrative or a judicial proceeding that commenced before the notice of disapproval or withholding if the 

issues involved are not related directly to the reasons for the 

disapproval or withholding. 

‘‘(l) HIGH PRIORITY PROGRAM.— 


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‘‘(1) IN GENERAL.—The Secretary shall administer a high 

priority program funded under section 31104(a)(2) for the purposes described in paragraphs (2) and (3). 

‘‘(2) ACTIVITIES RELATED TO MOTOR CARRIER SAFETY.—The 

Secretary may make discretionary grants to and enter into 

cooperative agreements with States, local governments, federally recognized Indian tribes, other political jurisdictions as 

necessary, and any person to carry out high priority activities 

and projects that augment motor carrier safety activities and 

projects planned in accordance with subsections (b) and (c), 

including activities and projects that— 

‘‘(A) increase public awareness and education on 

commercial motor vehicle safety; 

‘‘(B) target unsafe driving of commercial motor vehicles 

and noncommercial motor vehicles in areas identified as 

high risk crash corridors; 

‘‘(C) improve the safe and secure movement of hazardous materials; 

‘‘(D) improve safe transportation of goods and persons 

in foreign commerce; 

‘‘(E) demonstrate new technologies to improve commercial motor vehicle safety; 

‘‘(F) support participation in performance and registration information systems management under section 

31106(b)— 

‘‘(i) for entities not responsible for submitting the 

plan under subsection (c); or 

‘‘(ii) for entities responsible for submitting the plan 

under subsection (c)— 

‘‘(I) before October 1, 2020, to achieve compliance with the requirements of participation; and 

‘‘(II) beginning on October 1, 2020, or once 

compliance is achieved, whichever is sooner, for 

special initiatives or projects that exceed routine 

operations required for participation; 

‘‘(G) conduct safety data improvement projects— 

‘‘(i) that complete or exceed the requirements 

under subsection (c)(2)(P) for entities not responsible 

for submitting the plan under subsection (c); or 

‘‘(ii) that exceed the requirements under subsection 

(c)(2)(P) for entities responsible for submitting the plan 

under subsection (c); and 

‘‘(H) otherwise improve commercial motor vehicle 

safety and compliance with commercial motor vehicle safety 

regulations. 

‘‘(3) INNOVATIVE TECHNOLOGY DEPLOYMENT GRANT PROGRAM.— 

‘‘(A) IN GENERAL.—The Secretary shall establish an 

innovative technology deployment grant program to make 

discretionary grants to eligible States for the innovative 

technology deployment of commercial motor vehicle 

information systems and networks. 

‘‘(B) PURPOSES.—The purposes of the program shall 

be— 

‘‘(i) to advance the technological capability and 

promote the deployment of intelligent transportation 


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129 STAT. 1522 PUBLIC LAW 114–94—DEC. 4, 2015 

system applications for commercial motor vehicle operations, including commercial motor vehicle, commercial 

driver, and carrier-specific information systems and 

networks; and 

‘‘(ii) to support and maintain commercial motor 

vehicle information systems and networks— 

‘‘(I) to link Federal motor carrier safety 

information systems with State commercial motor 

vehicle systems; 

‘‘(II) to improve the safety and productivity 

of commercial motor vehicles and drivers; and 

‘‘(III) to reduce costs associated with commercial motor vehicle operations and Federal and 

State commercial motor vehicle regulatory requirements. 

‘‘(C) ELIGIBILITY.—To be eligible for a grant under this 

paragraph, a State shall— 

‘‘(i) have a commercial motor vehicle information 

systems and networks program plan approved by the 

Secretary that describes the various systems and networks at the State level that need to be refined, 

revised, upgraded, or built to accomplish deployment 

of commercial motor vehicle information systems and 

networks capabilities; 

‘‘(ii) certify to the Secretary that its commercial 

motor vehicle information systems and networks 

deployment activities, including hardware procurement, software and system development, and infrastructure modifications— 

‘‘(I) are consistent with the national intelligent 

transportation systems and commercial motor 

vehicle information systems and networks 

architectures and available standards; and 

‘‘(II) promote interoperability and efficiency to 

the extent practicable; and 

‘‘(iii) agree to execute interoperability tests developed by the Federal Motor Carrier Safety Administration to verify that its systems conform with the 

national intelligent transportation systems architecture, applicable standards, and protocols for commercial motor vehicle information systems and networks. 

‘‘(D) USE OF FUNDS.—Grant funds received under this 

paragraph may be used— 

‘‘(i) for deployment activities and activities to 

develop new and innovative advanced technology solutions that support commercial motor vehicle information systems and networks; 

‘‘(ii) for planning activities, including the development or updating of program or top level design plans 

in order to become eligible or maintain eligibility under 

subparagraph (C); and 

‘‘(iii) for the operation and maintenance costs associated with innovative technology. 

‘‘(E) SECRETARY AUTHORIZATION.—The Secretary is 

authorized to award a State funding for the operation 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1523 

and maintenance costs associated with innovative technology deployment with funds made available under sections 31104(a)(1) and 31104(a)(2).’’. 

(b) COMMERCIAL MOTOR VEHICLE OPERATORS GRANT PRO- GRAM.—Section 31103 of title 49, United States Code, is amended 

to read as follows: 

‘‘§ 31103. Commercial motor vehicle operators grant program 

‘‘(a) IN GENERAL.—The Secretary shall administer a commercial 

motor vehicle operators grant program funded under section 31104. 

‘‘(b) PURPOSE.—The purpose of the grant program is to train 

individuals in the safe operation of commercial motor vehicles (as 

defined in section 31301). 

‘‘(c) VETERANS.—In administering grants under this section, 

the Secretary shall award priority to grant applications for programs to train former members of the armed forces (as defined 

in section 101 of title 10) in the safe operation of such vehicles.’’. 

(c) AUTHORIZATION OF APPROPRIATIONS.—Section 31104 of title 

49, United States Code, as amended by this Act, is further amended 

on the effective date set forth in subsection (f) to read as follows: 

‘‘§ 31104. Authorization of appropriations 

‘‘(a) FINANCIAL ASSISTANCE PROGRAMS.—The following sums 

are authorized to be appropriated from the Highway Trust Fund 

(other than the Mass Transit Account): 

‘‘(1) MOTOR CARRIER SAFETY ASSISTANCE PROGRAM.—Subject 

to paragraph (2) and subsection (c), to carry out section 31102 

(except subsection (l))— 

‘‘(A) $292,600,000 for fiscal year 2017; 

‘‘(B) $298,900,000 for fiscal year 2018; 

‘‘(C) $304,300,000 for fiscal year 2019; and 

‘‘(D) $308,700,000 for fiscal year 2020. 

‘‘(2) HIGH PRIORITY ACTIVITIES PROGRAM.—Subject to subsection (c), to carry out section 31102(l)— 

‘‘(A) $42,200,000 for fiscal year 2017; 

‘‘(B) $43,100,000 for fiscal year 2018; 

‘‘(C) $44,000,000 for fiscal year 2019; and 

‘‘(D) $44,900,000 for fiscal year 2020. 

‘‘(3) COMMERCIAL MOTOR VEHICLE OPERATORS GRANT PROGRAM.—To carry out section 31103— 

‘‘(A) $1,000,000 for fiscal year 2017; 

‘‘(B) $1,000,000 for fiscal year 2018; 

‘‘(C) $1,000,000 for fiscal year 2019; and 

‘‘(D) $1,000,000 for fiscal year 2020. 

‘‘(4) COMMERCIAL DRIVER’S LICENSE PROGRAM IMPLEMENTATION PROGRAM.—Subject to subsection (c), to carry out section 

31313— 

‘‘(A) $31,200,000 for fiscal year 2017; 

‘‘(B) $31,800,000 for fiscal year 2018; 

‘‘(C) $32,500,000 for fiscal year 2019; and 

‘‘(D) $33,200,000 for fiscal year 2020. 

‘‘(b) REIMBURSEMENT AND PAYMENT TO RECIPIENTS FOR

GOVERNMENT SHARE OF COSTS.— 

‘‘(1) IN GENERAL.—Amounts made available under subsection (a) shall be used to reimburse financial assistance recipients proportionally for the Federal Government’s share of the 

costs incurred. 


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129 STAT. 1524 PUBLIC LAW 114–94—DEC. 4, 2015 

‘‘(2) REIMBURSEMENT AMOUNTS.—The Secretary shall 

reimburse a recipient, in accordance with a financial assistance 

agreement made under section 31102, 31103, or 31313, an 

amount that is at least 85 percent of the costs incurred by 

the recipient in a fiscal year in developing and implementing 

programs under such sections. The Secretary shall pay the 

recipient an amount not more than the Federal Government 

share of the total costs approved by the Federal Government 

in the financial assistance agreement. The Secretary shall 

include a recipient’s in-kind contributions in determining the 

reimbursement. 

‘‘(3) VOUCHERS.—Each recipient shall submit vouchers at 

least quarterly for costs the recipient incurs in developing and 

implementing programs under sections 31102, 31103, and 

31313. 

‘‘(c) DEDUCTIONS FOR PARTNER TRAINING AND PROGRAM SUPPORT.—On October 1 of each fiscal year, or as soon after that 

date as practicable, the Secretary may deduct from amounts made 

available under paragraphs (1), (2), and (4) of subsection (a) for 

that fiscal year not more than 1.50 percent of those amounts for 

partner training and program support in that fiscal year. The 

Secretary shall use at least 75 percent of those deducted amounts 

to train non-Federal Government employees and to develop related 

training materials in carrying out such programs. 

‘‘(d) GRANTS AND COOPERATIVE AGREEMENTS AS CONTRACTUAL

OBLIGATIONS.—The approval of a financial assistance agreement 

by the Secretary under section 31102, 31103, or 31313 is a contractual obligation of the Federal Government for payment of the Federal Government’s share of costs in carrying out the provisions 

of the grant or cooperative agreement. 

‘‘(e) ELIGIBLE ACTIVITIES.—The Secretary shall establish criteria 

for eligible activities to be funded with financial assistance agreements under this section and publish those criteria in a notice 

of funding availability before the financial assistance program 

application period. 

‘‘(f) PERIOD OF AVAILABILITY OF FINANCIAL ASSISTANCE AGREEMENT FUNDS FOR RECIPIENT EXPENDITURES.—The period of availability for a recipient to expend funds under a grant or cooperative 

agreement authorized under subsection (a) is as follows: 

‘‘(1) For grants made for carrying out section 31102, other 

than section 31102(l), for the fiscal year in which the Secretary 

approves the financial assistance agreement and for the next 

fiscal year. 

‘‘(2) For grants made or cooperative agreements entered 

into for carrying out section 31102(l)(2), for the fiscal year 

in which the Secretary approves the financial assistance agreement and for the next 2 fiscal years. 

‘‘(3) For grants made for carrying out section 31102(l)(3), 

for the fiscal year in which the Secretary approves the financial 

assistance agreement and for the next 4 fiscal years. 

‘‘(4) For grants made for carrying out section 31103, for 

the fiscal year in which the Secretary approves the financial 

assistance agreement and for the next fiscal year. 

‘‘(5) For grants made or cooperative agreements entered 

into for carrying out section 31313, for the fiscal year in which 

the Secretary approves the financial assistance agreement and 

for the next 4 fiscal years. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1525 

‘‘(g) CONTRACT AUTHORITY; INITIAL DATE OF AVAILABILITY.— 

Amounts authorized from the Highway Trust Fund (other than 

the Mass Transit Account) by this section shall be available for 

obligation on the date of their apportionment or allocation or on 

October 1 of the fiscal year for which they are authorized, whichever 

occurs first. 

‘‘(h) AVAILABILITY OF FUNDING.—Amounts made available under 

this section shall remain available until expended. 

‘‘(i) REALLOCATION.—Amounts not expended by a recipient 

during the period of availability shall be released back to the 

Secretary for reallocation for any purpose under section 31102, 

31103, or 31313 or this section to ensure, to the maximum extent 

possible, that all such amounts are obligated.’’. 

(d) CLERICAL AMENDMENT.—The analysis for chapter 311 of 

title 49, United States Code, is amended by striking the items 

relating to sections 31102, 31103, and 31104 and inserting the 

following: 

‘‘31102. Motor carrier safety assistance program. 

‘‘31103. Commercial motor vehicle operators grant program. 

‘‘31104. Authorization of appropriations.’’. 

(e) CONFORMING AMENDMENTS.— 

(1) SAFETY FITNESS OF OWNERS AND OPERATOR; SAFETY

REVIEWS OF NEW OPERATORS.—Section 31144(g) of title 49, 

United States Code, is amended by striking paragraph (5). 

(2) INFORMATION SYSTEMS; PERFORMANCE AND REGISTRATION INFORMATION PROGRAM.—Section 31106(b) of title 49, 

United States Code, is amended by striking paragraph (4). 

(3) BORDER ENFORCEMENT GRANTS.—Section 31107 of title 

49, United States Code, and the item relating to that section 

in the analysis for chapter 311 of that title, are repealed. 

(4) PERFORMANCE AND REGISTRATION INFORMATION SYSTEM

MANAGEMENT.—Section 31109 of title 49, United States Code, 

and the item relating to that section in the analysis for chapter 

311 of that title, are repealed. 

(5) COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS DEPLOYMENT.—Section 4126 of SAFETEA–LU (49 U.S.C. 

31106 note), and the item relating to that section in the table 

of contents contained in section 1(b) of that Act, are repealed. 

(6) SAFETY DATA IMPROVEMENT PROGRAM.—Section 4128 

of SAFETEA–LU (49 U.S.C. 31100 note), and the item relating 

to that section in the table of contents contained in section 

1(b) of that Act, are repealed. 

(7) GRANT PROGRAM FOR COMMERCIAL MOTOR VEHICLE

OPERATORS.—Section 4134 of SAFETEA–LU (49 U.S.C. 31301 

note), and the item relating to that section in the table of 

contents contained in section 1(b) of that Act, are repealed. 

(8) MAINTENANCE OF EFFORT AS CONDITION ON GRANTS TO

STATES.—Section 103(c) of the Motor Carrier Safety Improvement Act of 1999 (49 U.S.C. 31102 note) is repealed. 

(9) STATE COMPLIANCE WITH CDL REQUIREMENTS.—Section 

103(e) of the Motor Carrier Safety Improvement Act of 1999 

(49 U.S.C. 31102 note) is repealed. 

(10) BORDER STAFFING STANDARDS.—Section 218(d) of the 

Motor Carrier Safety Improvement Act of 1999 (49 U.S.C. 31133 

note) is amended— 

49 USC 

prec. 31100. 

49 USC 

prec. 31100. 

49 USC 

prec. 31100. 


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129 STAT. 1526 PUBLIC LAW 114–94—DEC. 4, 2015 

(A) in paragraph (1) by striking ‘‘section 31104(f)(2)(B) 

of title 49, United States Code’’ and inserting ‘‘section 

31104(a)(1) of title 49, United States Code’’; and 

(B) by striking paragraph (3). 

(11) WINTER HOME HEATING OIL DELIVERY STATE FLEXI- BILITY PROGRAM.—Section 346 of the National Highway System 

Designation Act of 1995 (49 U.S.C. 31166 note), and the item 

relating to that section in the table of contents in section 

1(b) of that Act, are repealed. 

(f) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on October 1, 2016. 

(g) TRANSITION.—Notwithstanding the amendments made by 

this section, the Secretary shall carry out sections 31102, 31103, 

and 31104 of title 49, United States Code, and any sections repealed 

under subsection (e), as necessary, as those sections were in effect 

on the day before October 1, 2016, with respect to applications 

for grants, cooperative agreements, or contracts under those sections 

submitted before October 1, 2016. 

SEC. 5102. PERFORMANCE AND REGISTRATION INFORMATION SYSTEMS MANAGEMENT. 

Section 31106(b) of title 49, United States Code, is amended 

in the subsection heading by striking ‘‘PROGRAM’’ and inserting 

‘‘SYSTEMS MANAGEMENT’’. 

SEC. 5103. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—Subchapter I of chapter 311 of title 49, United 

States Code, is amended by adding at the end the following: 

‘‘§ 31110. Authorization of appropriations 

‘‘(a) ADMINISTRATIVE EXPENSES.—There is authorized to be 

appropriated from the Highway Trust Fund (other than the Mass 

Transit Account) for the Secretary of Transportation to pay administrative expenses of the Federal Motor Carrier Safety Administration— 

‘‘(1) $267,400,000 for fiscal year 2016; 

‘‘(2) $277,200,000 for fiscal year 2017; 

‘‘(3) $283,000,000 for fiscal year 2018; 

‘‘(4) $284,000,000 for fiscal year 2019; and 

‘‘(5) $288,000,000 for fiscal year 2020. 

‘‘(b) USE OF FUNDS.—The funds authorized by this section shall 

be used for— 

‘‘(1) personnel costs; 

‘‘(2) administrative infrastructure; 

‘‘(3) rent; 

‘‘(4) information technology; 

‘‘(5) programs for research and technology, information 

management, regulatory development, and the administration 

of performance and registration information systems management under section 31106(b); 

‘‘(6) programs for outreach and education under subsection 

(c); 

‘‘(7) other operating expenses; 

‘‘(8) conducting safety reviews of new operators; and 

‘‘(9) such other expenses as may from time to time become 

necessary to implement statutory mandates of the Federal 

Motor Carrier Safety Administration not funded from other 

sources. 

49 USC 31110. 

49 USC 31102 

note. 

49 USC 31102 

note. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1527 

‘‘(c) OUTREACH AND EDUCATION PROGRAM.— ‘‘(1) IN GENERAL.—The Secretary may conduct, through 

any combination of grants, contracts, cooperative agreements, 

and other activities, an internal and external outreach and 

education program to be administered by the Administrator 

of the Federal Motor Carrier Safety Administration. 

‘‘(2) FEDERAL SHARE.—The Federal share of an outreach 

and education project for which a grant, contract, or cooperative 

agreement is made under this subsection may be up to 100 

percent of the cost of the project. 

‘‘(3) FUNDING.—From amounts made available under subsection (a), the Secretary shall make available not more than 

$4,000,000 each fiscal year to carry out this subsection. 

‘‘(d) CONTRACT AUTHORITY; INITIAL DATE OF AVAILABILITY.— Amounts authorized from the Highway Trust Fund (other than 

the Mass Transit Account) by this section shall be available for 

obligation on the date of their apportionment or allocation or on 

October 1 of the fiscal year for which they are authorized, whichever 

occurs first. 

‘‘(e) FUNDING AVAILABILITY.—Amounts made available under 

this section shall remain available until expended. 

‘‘(f) CONTRACTUAL OBLIGATION.—The approval of funds by the 

Secretary under this section is a contractual obligation of the Federal Government for payment of the Federal Government’s share 

of costs.’’. 

(b) CLERICAL AMENDMENT.—The analysis for chapter 311 of 

title 49, United States Code, is amended by adding at the end 

of the items relating to subchapter I the following: 

‘‘31110. Authorization of appropriations.’’. 

(c) CONFORMING AMENDMENTS.— 

(1) ADMINISTRATIVE EXPENSES; AUTHORIZATION OF APPROPRIATIONS.—Section 31104 of title 49, United States Code, is 

amended— 

(A) by striking subsection (i); and 

(B) by redesignating subsections (j) and (k) as subsections (i) and (j), respectively. 

(2) USE OF AMOUNTS MADE AVAILABLE UNDER SUBSECTION

(i).—Section 4116(d) of SAFETEA–LU (49 U.S.C. 31104 note) 

is amended by striking ‘‘section 31104(i)’’ and inserting ‘‘section 

31110’’. 

(3) INTERNATIONAL COOPERATION.—Section 31161 of title 

49, United States Code, is amended by striking ‘‘section 

31104(i)’’ and inserting ‘‘section 31110’’. 

(4) SAFETEA–LU; OUTREACH AND EDUCATION.—Section 

4127 of SAFETEA–LU (119 Stat. 1741; Public Law 109–59), 

and the item relating to that section in the table of contents 

contained in section 1(b) of that Act, are repealed. 

SEC. 5104. COMMERCIAL DRIVER’S LICENSE PROGRAM IMPLEMENTATION. 

(a) IN GENERAL.—Section 31313 of title 49, United States Code, 

is amended to read as follows: 

‘‘§ 31313. Commercial driver’s license program implementation financial assistance program 

‘‘(a) FINANCIAL ASSISTANCE PROGRAM.— 

49 USC 3100 

note. 

49 USC 3100. 


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129 STAT. 1528 PUBLIC LAW 114–94—DEC. 4, 2015 

‘‘(1) IN GENERAL.—The Secretary of Transportation shall 

administer a financial assistance program for commercial 

driver’s license program implementation for the purposes 

described in paragraphs (2) and (3). 

‘‘(2) STATE COMMERCIAL DRIVER’S LICENSE PROGRAM

IMPLEMENTATION GRANTS.—In carrying out the program, the 

Secretary may make a grant to a State agency in a fiscal 

year— 

‘‘(A) to assist the State in complying with the requirements of section 31311; and 

‘‘(B) in the case of a State that is making a good 

faith effort toward substantial compliance with the requirements of section 31311, to improve the State’s implementation of its commercial driver’s license program, including 

expenses— 

‘‘(i) for computer hardware and software; 

‘‘(ii) for publications, testing, personnel, training, 

and quality control; 

‘‘(iii) for commercial driver’s license program 

coordinators; and 

‘‘(iv) to implement or maintain a system to notify 

an employer of an operator of a commercial motor 

vehicle of the suspension or revocation of the operator’s 

commercial driver’s license consistent with the standards developed under section 32303(b) of the Commercial Motor Vehicle Safety Enhancement Act of 2012 

(49 U.S.C. 31304 note). 

‘‘(3) PRIORITY ACTIVITIES.—The Secretary may make a grant 

to or enter into a cooperative agreement with a State agency, 

local government, or any person in a fiscal year for research, 

development and testing, demonstration projects, public education, and other special activities and projects relating to 

commercial drivers licensing and motor vehicle safety that— 

‘‘(A) benefit all jurisdictions of the United States; 

‘‘(B) address national safety concerns and circumstances; 

‘‘(C) address emerging issues relating to commercial 

driver’s license improvements; 

‘‘(D) support innovative ideas and solutions to commercial driver’s license program issues; or 

‘‘(E) address other commercial driver’s license issues, 

as determined by the Secretary. 

‘‘(b) PROHIBITIONS.—A recipient may not use financial assistance funds awarded under this section to rent, lease, or buy land 

or buildings. 

‘‘(c) REPORT.—The Secretary shall issue an annual report on 

the activities carried out under this section. 

‘‘(d) APPORTIONMENT.—All amounts made available to carry 

out this section for a fiscal year shall be apportioned to a recipient 

described in subsection (a)(3) according to criteria prescribed by 

the Secretary. 

‘‘(e) FUNDING.—For fiscal years beginning after September 30, 

2016, this section shall be funded under section 31104.’’. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1529 

(b) CLERICAL AMENDMENT.—The analysis for chapter 313 of 

title 49, United States Code, is amended by striking the item 

relating to section 31313 and inserting the following: 

‘‘31313. Commercial driver’s license program implementation financial assistance 

program.’’. 

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

(a) MOTOR CARRIER SAFETY ASSISTANCE PROGRAM GRANT

EXTENSION.—Section 31104(a) of title 49, United States Code, is 

amended by striking paragraphs (10) and (11) and inserting the 

following: ‘‘(10) $218,000,000 for fiscal year 2015; and 

‘‘(11) $218,000,000 for fiscal year 2016.’’. 

(b) EXTENSION OF GRANT PROGRAMS.—Section 4101(c) of 

SAFETEA–LU (119 Stat. 1715; Public Law 109–59) is amended 

to read as follows: 

‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—The following sums 

are authorized to be appropriated from the Highway Trust Fund 

(other than the Mass Transit Account): 

‘‘(1) COMMERCIAL DRIVER’S LICENSE PROGRAM IMPROVEMENT

GRANTS.—For carrying out the commercial driver’s license program improvement grants program under section 31313 of title 

49, United States Code, $30,000,000 for fiscal year 2016. 

‘‘(2) BORDER ENFORCEMENT GRANTS.—For border enforcement grants under section 31107 of that title $32,000,000 for 

fiscal year 2016. 

‘‘(3) PERFORMANCE AND REGISTRATION INFORMATION SYSTEMS MANAGEMENT GRANT PROGRAM.—For the performance and 

registration information systems management grant program 

under section 31109 of that title $5,000,000 for fiscal year 

2016. 

‘‘(4) COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS DEPLOYMENT.—For carrying out the commercial vehicle 

information systems and networks deployment program under 

section 4126 of this Act $25,000,000 for fiscal year 2016. 

‘‘(5) SAFETY DATA IMPROVEMENT GRANTS.—For safety data 

improvement grants under section 4128 of this Act $3,000,000 

for fiscal year 2016.’’. 

(c) HIGH-PRIORITY ACTIVITIES.—Section 31104(j)(2) of title 49, 

United States Code, as redesignated by this subtitle, is amended 

by striking ‘‘2015’’ the first place it appears and all that follows 

through ‘‘for States,’’ and inserting ‘‘2016 for States,’’. 

(d) NEW ENTRANT AUDITS.—Section 31144(g)(5)(B) of title 49, 

United States Code, is amended to read as follows: 

‘‘(B) SET ASIDE.—The Secretary shall set aside from 

amounts made available under section 31104(a) up to 

$32,000,000 for fiscal year 2016 for audits of new entrant 

motor carriers conducted under this paragraph.’’. 

(e) GRANT PROGRAM FOR COMMERCIAL MOTOR VEHICLE OPERATORS.—Section 4134(c) of SAFETEA–LU (49 U.S.C. 31301 note) 

is amended to read as follows: 

‘‘(c) FUNDING.—From amounts made available under section 

31110 of title 49, United States Code, the Secretary shall make 

available, $1,000,000 for fiscal year 2016 to carry out this section.’’. 

(f) COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NET- WORKS DEPLOYMENT.— 

49 USC 

prec. 31301. 


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129 STAT. 1530 PUBLIC LAW 114–94—DEC. 4, 2015 

(1) IN GENERAL.—Section 4126 of SAFETEA–LU (49 U.S.C. 

31106 note; 119 Stat. 1738; Public Law 109–59) is amended— 

(A) in subsection (c)— 

(i) in paragraph (2) by adding at the end the 

following: ‘‘Funds deobligated by the Secretary from 

previous year grants shall not be counted toward the 

$2,500,000 maximum aggregate amount for core 

deployment.’’; and 

(ii) in paragraph (3) by adding at the end the 

following: ‘‘Funds may also be used for planning activities, including the development or updating of program 

or top level design plans.’’; and 

(B) in subsection (d)(4) by adding at the end the following: ‘‘Funds may also be used for planning activities, 

including the development or updating of program or top 

level design plans.’’. 

(2) INNOVATIVE TECHNOLOGY DEPLOYMENT PROGRAM.—For 

fiscal year 2016, the commercial vehicle information systems 

and networks deployment program under section 4126 of 

SAFETEA–LU (119 Stat. 1738; Public Law 109–59) may also 

be referred to as the innovative technology deployment program. 

SEC. 5106. MOTOR CARRIER SAFETY ASSISTANCE PROGRAM ALLOCATION. 

(a) WORKING GROUP.— 

(1) ESTABLISHMENT.—Not later than 180 days after the 

date of enactment of this Act, the Secretary shall establish 

a motor carrier safety assistance program formula working 

group (in this section referred to as the ‘‘working group’’). 

(2) MEMBERSHIP.— 

(A) IN GENERAL.—Subject to subparagraph (B), the 

working group shall consist of representatives of the following: 

(i) The Federal Motor Carrier Safety Administration. 

(ii) The lead State commercial motor vehicle safety 

agencies responsible for administering the plan 

required by section 31102 of title 49, United States 

Code. 

(iii) An organization representing State agencies 

responsible for enforcing a program for inspection of 

commercial motor vehicles. 

(iv) Such other persons as the Secretary considers 

necessary. 

(B) COMPOSITION.—Representatives of State commercial motor vehicle safety agencies shall comprise at least 

51 percent of the membership. 

(3) NEW ALLOCATION FORMULA.—The working group shall 

analyze requirements and factors for the establishment of a 

new allocation formula for the motor carrier safety assistance 

program under section 31102 of title 49, United States Code. 

(4) RECOMMENDATION.—Not later than 1 year after the 

date the working group is established under paragraph (1), 

the working group shall make a recommendation to the Secretary regarding a new allocation formula for the motor carrier 

safety assistance program. 

49 USC 31102 

note. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1531 

(5) EXEMPTION.—The Federal Advisory Committee Act (5 

U.S.C. App.) shall not apply to the working group established 

under this subsection. 

(6) PUBLICATION.—The Administrator of the Federal Motor 

Carrier Safety Administration shall publish on a publicly accessible Internet Web site of the Federal Motor Carrier Safety 

Administration— 

(A) detailed summaries of the meetings of the working 

group; and 

(B) the final recommendation of the working group 

provided to the Secretary. 

(b) NOTICE OF PROPOSED RULEMAKING.—After receiving the 

recommendation of the working group under subsection (a)(4), the 

Secretary shall publish in the Federal Register a notice seeking 

public comment on the establishment of a new allocation formula 

for the motor carrier safety assistance program. 

(c) BASIS FOR FORMULA.—The Secretary shall ensure that the 

new allocation formula for the motor carrier safety assistance program is based on factors that reflect, at a minimum— 

(1) the relative needs of the States to comply with section 

31102 of title 49, United States Code; 

(2) the relative administrative capacities of and challenges 

faced by States in complying with that section; 

(3) the average of each State’s new entrant motor carrier 

inventory for the 3-year period prior to the date of enactment 

of this Act; 

(4) the number of international border inspection facilities 

and border crossings by commercial vehicles in each State; 

and 

(5) any other factors the Secretary considers appropriate. 

(d) FUNDING AMOUNTS PRIOR TO DEVELOPMENT OF NEW

ALLOCATION FORMULA.— 

(1) INTERIM FORMULA.—Prior to the development of the 

new allocation formula for the motor carrier safety assistance 

program, the Secretary may calculate the interim funding 

amounts for that program in fiscal year 2017 (and later fiscal 

years, as necessary) under section 31104(a)(1) of title 49, United 

States Code, as amended by this subtitle, by using the following 

methodology: 

(A) The Secretary shall calculate the funding amount 

to a State using the allocation formula the Secretary used 

to award motor carrier safety assistance program funding 

in fiscal year 2016 under section 31102 of title 49, United 

States Code. 

(B) The Secretary shall average the funding awarded 

or other equitable amounts to a State in fiscal years 2013, 

2014, and 2015 for— 

(i) border enforcement grants under section 31107 

of title 49, United States Code; and 

(ii) new entrant audit grants under section 

31144(g)(5) of that title. 

(C) The Secretary shall add the amounts calculated 

in subparagraphs (A) and (B). 

(2) ADJUSTMENTS.—Subject to the availability of funding 

and notwithstanding fluctuations in the data elements used 

by the Secretary, the initial amounts resulting from the calculation described in paragraph (1) shall be adjusted to ensure 


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129 STAT. 1532 PUBLIC LAW 114–94—DEC. 4, 2015 

that, for each State, the amount shall not be less than 97 

percent of the average amount of funding received or other 

equitable amounts in fiscal years 2013, 2014, and 2015 for— 

(A) motor carrier safety assistance program funds 

awarded to the State under section 31102 of title 49, United 

States Code; 

(B) border enforcement grants awarded to the State 

under section 31107 of title 49, United States Code; and 

(C) new entrant audit grants awarded to the State 

under section 31144(g)(5) of title 49, United States Code. 

(3) IMMEDIATE RELIEF.—On the date of enactment of this 

Act, and for the 3 fiscal years following the implementation 

of the new allocation formula, the Secretary shall terminate 

the withholding of motor carrier safety assistance program 

funds from a State if the State was subject to the withholding 

of such funds for matters of noncompliance immediately prior 

to the date of enactment of this Act. 

(4) FUTURE WITHHOLDINGS.—Beginning on the date that 

the new allocation formula for the motor carrier safety assistance program is implemented, the Secretary shall impose all 

future withholdings in accordance with section 31102(k) of title 

49, United States Code, as amended by this subtitle. 

(e) TERMINATION OF WORKING GROUP.—The working group 

established under subsection (a) shall terminate on the date of 

the implementation of the new allocation formula for the motor 

carrier safety assistance program. 

SEC. 5107. MAINTENANCE OF EFFORT CALCULATION. 

(a) BEFORE NEW ALLOCATION FORMULA.— 

(1) FISCAL YEAR 2017.—If a new allocation formula for the 

motor carrier safety assistance program has not been established under this subtitle for fiscal year 2017, the Secretary 

shall calculate for fiscal year 2017 the maintenance of effort 

baseline required under section 31102(f) of title 49, United 

States Code, as amended by this subtitle, by averaging the 

expenditures for fiscal years 2004 and 2005 required by section 

31102(b)(4) of title 49, United States Code, as that section 

was in effect on the day before the date of enactment of this 

Act. 

(2) SUBSEQUENT FISCAL YEARS.—The Secretary may use 

the methodology for calculating the maintenance of effort baseline specified in paragraph (1) for fiscal year 2018 and subsequent fiscal years if a new allocation formula for the motor 

carrier safety assistance program has not been established for 

that fiscal year. 

(b) BEGINNING WITH NEW ALLOCATION FORMATION.— 

(1) IN GENERAL.—Subject to paragraphs (2) and (3)(B), 

beginning on the date that a new allocation formula for the 

motor carrier safety assistance program is established under 

this subtitle, upon the request of a State, the Secretary may 

waive or modify the baseline maintenance of effort required 

of the State by section 31102(f) of title 49, United States Code, 

as amended by this subtitle, for the purpose of establishing 

a new baseline maintenance of effort if the Secretary determines that a waiver or modification— 

(A) is equitable due to reasonable circumstances; 

49 USC 31102 

note. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1533 

(B) will ensure the continuation of commercial motor 

vehicle enforcement activities in the State; and 

(C) is necessary to ensure that the total amount of 

State maintenance of effort and matching expenditures 

required under sections 31102 and 31104 of title 49, United 

States Code, as amended by this subtitle, does not exceed 

a sum greater than the average of the total amount of 

State maintenance of effort and matching expenditures 

required under those sections for the 3 fiscal years prior 

to the date of enactment of this Act. 

(2) ADJUSTMENT METHODOLOGY.—If requested by a State, 

the Secretary may modify the maintenance of effort baseline 

referred to in paragraph (1) for the State according to the 

following methodology: 

(A) The Secretary shall establish the maintenance of 

effort baseline for the State using the average baseline 

of fiscal years 2004 and 2005, as required by section 

31102(b)(4) of title 49, United States Code, as that section 

was in effect on the day before the date of enactment 

of this Act. 

(B) The Secretary shall calculate the average required 

match by a lead State commercial motor vehicle safety 

agency for fiscal years 2013, 2014, and 2015 for motor 

carrier safety assistance grants established at 20 percent 

by section 31103 of title 49, United States Code, as that 

section was in effect on the day before the date of enactment of this Act. 

(C) The Secretary shall calculate the estimated match 

required under section 31104(b) of title 49, United States 

Code, as amended by this subtitle. 

(D) The Secretary shall subtract the amount in 

subparagraph (B) from the amount in subparagraph (C) 

and— 

(i) if the number is greater than 0, the Secretary 

shall subtract the number from the amount in subparagraph (A); or 

(ii) if the number is not greater than 0, the Secretary shall calculate the maintenance of effort using 

the methodology in subparagraph (A). 

(3) MAINTENANCE OF EFFORT AMOUNT.— 

(A) IN GENERAL.—The Secretary shall use the amount 

calculated under paragraph (2) as the baseline maintenance 

of effort required under section 31102(f) of title 49, United 

States Code, as amended by this subtitle. 

(B) DEADLINE.—If a State does not request a waiver 

or modification under this subsection before September 

30 during the first fiscal year that the Secretary implements a new allocation formula for the motor carrier safety 

assistance program under this subtitle, the Secretary shall 

calculate the maintenance of effort using the methodology 

described in paragraph (2)(A). 

(4) MAINTENANCE OF EFFORT DESCRIBED.—The maintenance 

of effort calculated under this section is the amount required 

under section 31102(f) of title 49, United States Code, as 

amended by this subtitle. 

(c) TERMINATION OF EFFECTIVENESS.—The authority of the Secretary under this section shall terminate effective on the date 


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129 STAT. 1534 PUBLIC LAW 114–94—DEC. 4, 2015 

that a new maintenance of effort baseline is calculated based on 

a new allocation formula for the motor carrier safety assistance 

program implemented under section 31102 of title 49, United States 

Code. 

Subtitle B—Federal Motor Carrier Safety 

Administration Reform 

PART I—REGULATORY REFORM 

SEC. 5201. NOTICE OF CANCELLATION OF INSURANCE. 

Section 13906(e) of title 49, United States Code, is amended 

by inserting ‘‘or suspend’’ after ‘‘revoke’’. 

SEC. 5202. REGULATIONS. 

Section 31136 of title 49, United States Code, is amended— 

(1) by redesignating subsection (f) as subsection (g) and 

transferring such subsection to appear at the end of section 

31315 of such title; and 

(2) by adding at the end the following: 

‘‘(f) REGULATORY IMPACT ANALYSIS.— 

‘‘(1) IN GENERAL.—Within each regulatory impact analysis 

of a proposed or final major rule issued by the Federal Motor 

Carrier Safety Administration, the Secretary shall, whenever 

practicable— 

‘‘(A) consider the effects of the proposed or final rule 

on different segments of the motor carrier industry; and 

‘‘(B) formulate estimates and findings based on the 

best available science. 

‘‘(2) SCOPE.—To the extent feasible and appropriate, and 

consistent with law, an analysis described in paragraph (1) 

shall— 

‘‘(A) use data that is representative of commercial 

motor vehicle operators or motor carriers, or both, that 

will be impacted by the proposed or final rule; and 

‘‘(B) consider the effects on commercial truck and bus 

carriers of various sizes and types. 

‘‘(g) PUBLIC PARTICIPATION.— 

‘‘(1) IN GENERAL.—If a proposed rule under this part is 

likely to lead to the promulgation of a major rule, the Secretary, 

before publishing such proposed rule, shall— 

‘‘(A) issue an advance notice of proposed rulemaking; 

or 

‘‘(B) proceed with a negotiated rulemaking. 

‘‘(2) REQUIREMENTS.—Each advance notice of proposed rulemaking issued under paragraph (1) shall— 

‘‘(A) identify the need for a potential regulatory action; 

‘‘(B) identify and request public comment on the best 

available science or technical information relevant to analyzing potential regulatory alternatives; 

‘‘(C) request public comment on the available data 

and costs with respect to regulatory alternatives reasonably 

likely to be considered as part of the rulemaking; and 

‘‘(D) request public comment on available alternatives 

to regulation. 


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‘‘(3) WAIVER.—This subsection does not apply to a proposed 

rule if the Secretary, for good cause, finds (and incorporates 

the finding and a brief statement of reasons for such finding 

in the proposed or final rule) that an advance notice of proposed 

rulemaking is impracticable, unnecessary, or contrary to the 

public interest. 

‘‘(h) RULE OF CONSTRUCTION.—Nothing in subsection (f) or (g) 

may be construed to limit the contents of an advance notice of 

proposed rulemaking.’’. 

SEC. 5203. GUIDANCE. 

(a) IN GENERAL.— (1) DATE OF ISSUANCE AND POINT OF CONTACT.—Each guidance document issued by the Federal Motor Carrier Safety 

Administration shall have a date of issuance or a date of 

revision, as applicable, and shall include the name and contact 

information of a point of contact at the Administration who 

can respond to questions regarding the guidance. 

(2) PUBLIC ACCESSIBILITY.— 

(A) IN GENERAL.—Each guidance document issued or 

revised by the Federal Motor Carrier Safety Administration 

shall be published on a publicly accessible Internet Web 

site of the Department on the date of issuance or revision. 

(B) REDACTION.—The Administrator of the Federal 

Motor Carrier Safety Administration may redact from a 

guidance document published under subparagraph (A) any 

information that would reveal investigative techniques that 

would compromise Administration enforcement efforts. 

(3) INCORPORATION INTO REGULATIONS.—Not later than 5 

years after the date on which a guidance document is published 

under paragraph (2) or during an applicable review under 

subsection (c), whichever is earlier, the Secretary shall revise 

regulations to incorporate the guidance document to the extent 

practicable. 

(4) REISSUANCE.—If a guidance document is not incorporated into regulations in accordance with paragraph (3), the 

Administrator shall— 

(A) reissue an updated version of the guidance document; and 

(B) review and reissue an updated version of the guidance document every 5 years until the date on which the 

guidance document is removed or incorporated into 

applicable regulations. 

(b) INITIAL REVIEW.—Not later than 1 year after the date of 

enactment of this Act, the Administrator shall review all guidance 

documents issued by the Federal Motor Carrier Safety Administration and in effect on such date of enactment to ensure that such 

documents are current, are readily accessible to the public, and 

meet the standards specified in subparagraphs (A), (B), and (C) 

of subsection (c)(1). 

(c) REGULAR REVIEW.— (1) IN GENERAL.—Subject to paragraph (2), not less than 

once every 5 years, the Administrator shall conduct a comprehensive review of the guidance documents issued by the 

Federal Motor Carrier Safety Administration to determine 

whether such documents are— 

(A) consistent and clear; 

49 USC 113 note. 


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129 STAT. 1536 PUBLIC LAW 114–94—DEC. 4, 2015 

(B) uniformly and consistently enforced; and 

(C) still necessary. 

(2) NOTICE AND COMMENT.—Prior to beginning a review 

under paragraph (1), the Administrator shall publish in the 

Federal Register a notice and request for comment that solicits 

input from stakeholders on which guidance documents should 

be updated or eliminated. 

(3) REPORT.— (A) IN GENERAL.—Not later than 60 days after the 

date on which a review under paragraph (1) is completed, 

the Administrator shall publish on a publicly accessible 

Internet Web site of the Department a report detailing 

the review and a full inventory of the guidance documents 

of the Administration. 

(B) CONTENTS.—A report under subparagraph (A) shall 

include a summary of the response of the Administration 

to comments received under paragraph (2). 

(d) GUIDANCE DOCUMENT DEFINED.—In this section, the term 

‘‘guidance document’’ means a document issued by the Federal 

Motor Carrier Safety Administration that— 

(1) provides an interpretation of a regulation of the 

Administration; or 

(2) includes an enforcement policy of the Administration 

available to the public. 

SEC. 5204. PETITIONS. 

(a) IN GENERAL.—The Administrator of the Federal Motor Carrier Safety Administration shall— 

(1) publish on a publicly accessible Internet Web site of 

the Department a summary of all petitions for regulatory action 

submitted to the Administration; 

(2) prioritize the petitions submitted based on the likelihood 

of safety improvements resulting from the regulatory action 

requested; 

(3) not later than 180 days after the date a summary 

of a petition is published under paragraph (1), formally respond 

to such petition by indicating whether the Administrator will 

accept, deny, or further review the petition; 

(4) prioritize responses to petitions consistent with a petition’s potential to reduce crashes, improve enforcement, and 

reduce unnecessary burdens; and 

(5) not later than 60 days after the date of receipt of 

a petition, publish on a publicly accessible Internet Web site 

of the Department an updated inventory of the petitions 

described in paragraph (1), including any applicable disposition 

information for those petitions. 

(b) TREATMENT OF MULTIPLE PETITIONS.—The Administrator 

may treat multiple similar petitions as a single petition for the 

purposes of subsection (a). 

(c) PETITION DEFINED.—In this section, the term ‘‘petition’’ 

means a request for— 

(1) a new regulation; 

(2) a regulatory interpretation or clarification; or 

(3) a determination by the Administrator that a regulation 

should be modified or eliminated because it is— 

(A) no longer— 

(i) consistent and clear; 

49 USC 113 note. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1537 

(ii) current with the operational realities of the 

motor carrier industry; or 

(iii) uniformly enforced; 

(B) ineffective; or 

(C) overly burdensome. 

SEC. 5205. INSPECTOR STANDARDS. 

Not later than 90 days after the date of enactment of this 

Act, the Administrator of the Federal Motor Carrier Safety Administration shall revise the regulations under part 385 of title 49, 

Code of Federal Regulations, as necessary, to incorporate by reference the certification standards for roadside inspectors issued 

by the Commercial Vehicle Safety Alliance. 

SEC. 5206. APPLICATIONS. 

(a) REVIEW PROCESS.—Section 31315(b) of title 49, United 

States Code, is amended— 

(1) in paragraph (1)— 

(A) in the first sentence by striking ‘‘paragraph (3)’’ 

and inserting ‘‘this subsection’’; and 

(B) by striking the second sentence; 

(2) by redesignating paragraphs (2) through (7) as paragraphs (4) through (9), respectively; and 

(3) by inserting after paragraph (1) the following: 

‘‘(2) LENGTH OF EXEMPTION AND RENEWAL.—An exemption 

may be granted under paragraph (1) for no longer than 5 

years and may be renewed, upon request, for subsequent 5- 

year periods if the Secretary continues to make the finding 

under paragraph (1). 

‘‘(3) OPPORTUNITY FOR RESUBMISSION.—If the Secretary 

denies an application under paragraph (1) and the applicant 

can reasonably address the reason for the denial, the Secretary 

may allow the applicant to resubmit the application.’’. 

(b) ADMINISTRATIVE EXEMPTIONS.— 

(1) IN GENERAL.—The Secretary shall make permanent the 

following limited exemptions: 

(A) Perishable construction products, as published in 

the Federal Register on April 2, 2015 (80 Fed. Reg. 17819). 

(B) Transport of commercial bee hives, as published 

in the Federal Register on June 19, 2015 (80 Fed. Reg. 

35425). 

(C) Safe transport of livestock, as published in the 

Federal Register on June 12, 2015 (80 Fed. Reg. 33584). 

(2) ADDITIONAL ADMINISTRATIVE EXEMPTIONS.—Any exemption from any provision of the regulations under part 395 

of title 49, Code of Federal Regulations, that is in effect on 

the date of enactment of this Act— 

(A) except as otherwise provided in section 31315(b) 

of title 49, shall be valid for a period of 5 years from 

the date such exemption was granted; and 

(B) may be subject to renewal under section 31315(b)(2) 

of title 49, United States Code. 

49 USC 31315 

note. 

49 USC 31148 

note. 


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129 STAT. 1538 PUBLIC LAW 114–94—DEC. 4, 2015 

PART II—COMPLIANCE, SAFETY, 

ACCOUNTABILITY REFORM 

SEC. 5221. CORRELATION STUDY. 

(a) IN GENERAL.—The Administrator of the Federal Motor Carrier Safety Administration (referred to in this part as the ‘‘Administrator’’) shall commission the National Research Council of the 

National Academies to conduct a study of— 

(1) the Compliance, Safety, Accountability program of the 

Federal Motor Carrier Safety Administration (referred to in 

this part as the ‘‘CSA program’’); and 

(2) the Safety Measurement System utilized by the CSA 

program (referred to in this part as the ‘‘SMS’’). 

(b) SCOPE OF STUDY.—In carrying out the study commissioned 

pursuant to subsection (a), the National Research Council— 

(1) shall analyze— 

(A) the accuracy with which the Behavior Analysis 

and Safety Improvement Categories (referred to in this 

part as ‘‘BASIC’’)— 

(i) identify high risk carriers; and 

(ii) predict or are correlated with future crash risk, 

crash severity, or other safety indicators for motor 

carriers, including the highest risk carriers; 

(B) the methodology used to calculate BASIC percentiles and identify carriers for enforcement, including the 

weights assigned to particular violations and the tie 

between crash risk and specific regulatory violations, with 

respect to accurately identifying and predicting future crash 

risk for motor carriers; 

(C) the relative value of inspection information and 

roadside enforcement data; 

(D) any data collection gaps or data sufficiency problems that may exist and the impact of those gaps and 

problems on the efficacy of the CSA program; 

(E) the accuracy of safety data, including the use of 

crash data from crashes in which a motor carrier was 

free from fault; 

(F) whether BASIC percentiles for motor carriers of 

passengers should be calculated separately from motor carriers of freight; 

(G) the differences in the rates at which safety violations are reported to the Federal Motor Carrier Safety 

Administration for inclusion in the SMS by various enforcement authorities, including States, territories, and Federal 

inspectors; and 

(H) how members of the public use the SMS and what 

effect making the SMS information public has had on 

reducing crashes and eliminating unsafe motor carriers 

from the industry; and 

(2) shall consider— 

(A) whether the SMS provides comparable precision 

and confidence, through SMS alerts and percentiles, for 

the relative crash risk of individual large and small motor 

carriers; 

(B) whether alternatives to the SMS would identify 

high risk carriers more accurately; and 

49 USC 31100 

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(C) the recommendations and findings of the Comptroller General of the United States and the Inspector 

General of the Department, and independent review team 

reports, issued before the date of enactment of this Act. 

(c) REPORT.—Not later than 18 months after the date of enactment of this Act, the Administrator shall— 

(1) submit a report containing the results of the study 

commissioned pursuant to subsection (a) to— 

(A) the Committee on Commerce, Science, and 

Transportation of the Senate; 

(B) the Committee on Transportation and Infrastructure of the House of Representatives; and 

(C) the Inspector General of the Department; and 

(2) publish the report on a publicly accessible Internet 

Web site of the Department. 

(d) CORRECTIVE ACTION PLAN.— 

(1) IN GENERAL.—Not later than 120 days after the 

Administrator submits the report under subsection (c), if that 

report identifies a deficiency or opportunity for improvement 

in the CSA program or in any element of the SMS, the Administrator shall submit to the Committee on Commerce, Science, 

and Transportation of the Senate and the Committee on 

Transportation and Infrastructure of the House of Representatives a corrective action plan that— 

(A) responds to the deficiencies or opportunities identified by the report; 

(B) identifies how the Federal Motor Carrier Safety 

Administration will address such deficiencies or opportunities; and 

(C) provides an estimate of the cost, including with 

respect to changes in staffing, enforcement, and data collection, necessary to address such deficiencies or opportunities. 

(2) PROGRAM REFORMS.—The corrective action plan submitted under paragraph (1) shall include an implementation 

plan that— 

(A) includes benchmarks; 

(B) includes programmatic reforms, revisions to regulations, or proposals for legislation; and 

(C) shall be considered in any rulemaking by the 

Department that relates to the CSA program, including 

the SMS or data analysis under the SMS. 

(e) INSPECTOR GENERAL REVIEW.—Not later than 120 days after 

the Administrator submits a corrective action plan under subsection 

(d), the Inspector General of the Department shall— 

(1) review the extent to which such plan addresses— 

(A) recommendations contained in the report submitted 

under subsection (c); and 

(B) relevant recommendations issued by the Comptroller General or the Inspector General before the date 

of enactment of this Act; and 

(2) submit to the Committee on Commerce, Science, and 

Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a 

report on the responsiveness of the corrective action plan to 

the recommendations described in paragraph (1). 


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129 STAT. 1540 PUBLIC LAW 114–94—DEC. 4, 2015 

SEC. 5222. BEYOND COMPLIANCE. 

(a) IN GENERAL.—Not later than 18 months after the date 

of enactment of this Act, the Administrator shall allow recognition, 

including credit or an improved SMS percentile, for a motor carrier 

that— 

(1) installs advanced safety equipment; 

(2) uses enhanced driver fitness measures; 

(3) adopts fleet safety management tools, technologies, and 

programs; or 

(4) satisfies other standards determined appropriate by 

the Administrator. 

(b) IMPLEMENTATION.—The Administrator shall carry out subsection (a) by— 

(1) incorporating a methodology into the CSA program; 

or 

(2) establishing a safety BASIC in the SMS. 

(c) PROCESS.— (1) IN GENERAL.—The Administrator, after providing notice 

and an opportunity for comment, shall develop a process for 

identifying and reviewing advanced safety equipment, enhanced 

driver fitness measures, fleet safety management tools, technologies, and programs, and other standards for use by motor 

carriers to receive recognition, including credit or an improved 

SMS percentile, for purposes of subsection (a). 

(2) CONTENTS.—A process developed under paragraph (1) 

shall— 

(A) provide for a petition process for reviewing 

advanced safety equipment, enhanced driver fitness measures, fleet safety management tools, technologies, and programs, and other standards; and 

(B) seek input and participation from industry stakeholders, including commercial motor vehicle drivers, technology manufacturers, vehicle manufacturers, motor carriers, law enforcement, safety advocates, and the Motor 

Carrier Safety Advisory Committee. 

(d) QUALIFICATION.—The Administrator, after providing notice 

and an opportunity for comment, shall develop technical or other 

performance standards with respect to advanced safety equipment, 

enhanced driver fitness measures, fleet safety management tools, 

technologies, and programs, and other standards for purposes of 

subsection (a). 

(e) MONITORING.—The Administrator may authorize qualified 

entities to monitor motor carriers that receive recognition, including 

credit or an improved SMS percentile, under this section through 

a no-cost contract structure. 

(f) DISSEMINATION OF INFORMATION.—The Administrator shall 

maintain on a publicly accessible Internet Web site of the Department information on— 

(1) the advanced safety equipment, enhanced driver fitness 

measures, fleet safety management tools, technologies, and programs, and other standards eligible for recognition, including 

credit or an improved SMS percentile; 

(2) any petitions for review of advanced safety equipment, 

enhanced driver fitness measures, fleet safety management 

tools, technologies, and programs, and other standards; and 

(3) any relevant statistics relating to the use of advanced 

safety equipment, enhanced driver fitness measures, fleet safety 

49 USC 31100 

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management tools, technologies, and programs, and other 

standards. 

(g) REPORT.—Not later than 3 years after the date of enactment 

of this Act, the Administrator shall submit to the Committee on 

Transportation and Infrastructure of the House of Representatives 

and the Committee on Commerce, Science, and Transportation of 

the Senate a report on the— 

(1) number of motor carriers receiving recognition, 

including credit or an improved SMS percentile, under this 

section; and 

(2) safety performance of such carriers. 

SEC. 5223. DATA CERTIFICATION. 

(a) IN GENERAL.—On and after the date that is 1 day after 

the date of enactment of this Act, no information regarding analysis 

of violations, crashes in which a determination is made that the 

motor carrier or the commercial motor vehicle driver is not at 

fault, alerts, or the relative percentile for each BASIC developed 

under the CSA program may be made available to the general 

public until the Inspector General of the Department certifies that— 

(1) the report required under section 5221(c) has been 

submitted in accordance with that section; 

(2) any deficiencies identified in the report required under 

section 5221(c) have been addressed; 

(3) if applicable, the corrective action plan under section 

5221(d) has been implemented; 

(4) the Administrator of the Federal Motor Carrier Safety 

Administration has fully implemented or satisfactorily 

addressed the issues raised in the report titled ‘‘Modifying 

the Compliance, Safety, Accountability Program Would Improve 

the Ability to Identify High Risk Carriers’’ of the Government 

Accountability Office and dated February 2014 (GAO–14–114); 

and 

(5) the Secretary has initiated modification of the CSA 

program in accordance with section 5222. 

(b) LIMITATION ON THE USE OF CSA ANALYSIS.—Information 

regarding alerts and the relative percentile for each BASIC developed under the CSA program may not be used for safety fitness 

determinations until the Inspector General of the Department 

makes the certification under subsection (a). 

(c) CONTINUED PUBLIC AVAILABILITY OF DATA.—Notwithstanding any other provision of this section, inspection and violation 

information submitted to the Federal Motor Carrier Safety Administration by commercial motor vehicle inspectors and qualified law 

enforcement officials, out-of-service rates, and absolute measures 

shall remain available to the public. 

(d) EXCEPTIONS.— 

(1) IN GENERAL.—Notwithstanding any other provision of 

this section— 

(A) the Federal Motor Carrier Safety Administration 

and State and local commercial motor vehicle enforcement 

agencies may use the information referred to in subsection 

(a) for purposes of investigation and enforcement 

prioritization; 

(B) a motor carrier and a commercial motor vehicle 

driver may access information referred to in subsection 

49 USC 31100 

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(a) that relates directly to the motor carrier or driver, 

respectively; and 

(C) a data analysis of motorcoach operators may be 

provided online with a notation indicating that the ratings 

or alerts listed are not intended to imply any Federal 

safety rating of the carrier. 

(2) NOTATION.—The notation described in paragraph (1)(C) 

shall include the following: ‘‘Readers should not draw conclusions about a carrier’s overall safety condition simply based 

on the data displayed in this system. Unless a motor carrier 

has received an UNSATISFACTORY safety rating under part 

385 of title 49, Code of Federal Regulations, or has otherwise 

been ordered to discontinue operations by the Federal Motor 

Carrier Safety Administration, it is authorized to operate on 

the Nation’s roadways.’’. 

(3) RULE OF CONSTRUCTION.—Nothing in this section may 

be construed to restrict the official use by State enforcement 

agencies of the data collected by State enforcement personnel. 

SEC. 5224. DATA IMPROVEMENT. 

(a) FUNCTIONAL SPECIFICATIONS.—The Administrator shall 

develop functional specifications to ensure the consistent and 

accurate input of data into systems and databases relating to the 

CSA program. 

(b) FUNCTIONALITY.—The functional specifications developed 

pursuant to subsection (a)— 

(1) shall provide for the hardcoding and smart logic 

functionality for roadside inspection data collection systems 

and databases; and 

(2) shall be made available to public and private sector 

developers. 

(c) EFFECTIVE DATA MANAGEMENT.—The Administrator shall 

ensure that internal systems and databases accept and effectively 

manage data using uniform standards. 

(d) CONSULTATION WITH THE STATES.—Before implementing 

the functional specifications developed pursuant to subsection (a) 

or the standards described in subsection (c), the Administrator 

shall seek input from the State agencies responsible for enforcing 

section 31102 of title 49, United States Code. 

SEC. 5225. ACCIDENT REVIEW. 

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

under section 5223, the Secretary shall task the Motor Carrier 

Safety Advisory Committee with reviewing the treatment of 

preventable crashes under the SMS. 

(b) DUTIES.—Not later than 6 months after being tasked under 

subsection (a), the Motor Carrier Safety Advisory Committee shall 

make recommendations to the Secretary on a process to allow 

motor carriers and drivers to request that the Administrator make 

a determination with respect to the preventability of a crash, if 

such a process has not yet been established by the Secretary. 

(c) REPORT.—The Secretary shall— 

(1) review and consider the recommendations provided by 

the Motor Carrier Safety Advisory Committee; and 

(2) report to Congress on how the Secretary intends to 

address the treatment of preventable crashes. 

(d) PREVENTABLE DEFINED.—In this section, the term ‘‘preventable’’ has the meaning given that term in Appendix B of part 

49 USC 31100 

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385 of title 49, Code of Federal Regulations, as in effect on the 

date of enactment of this Act. 

Subtitle C—Commercial Motor Vehicle 

Safety 

SEC. 5301. WINDSHIELD TECHNOLOGY. 

(a) IN GENERAL.—Not later than 180 days after the date of 

enactment of this Act, the Secretary shall revise the regulations 

in section 393.60(e) of title 49, Code of Federal Regulations (relating 

to the prohibition on obstructions to the driver’s field of view) 

to exempt from that section the voluntary mounting on a windshield 

of vehicle safety technology likely to achieve a level of safety that 

is equivalent to or greater than the level of safety that would 

be achieved absent the exemption. 

(b) VEHICLE SAFETY TECHNOLOGY DEFINED.—In this section, 

the term ‘‘vehicle safety technology’’ includes a fleet-related incident 

management system, performance or behavior management system, 

speed management system, lane departure warning system, forward 

collision warning or mitigation system, and active cruise control 

system and any other technology that the Secretary considers 

applicable. 

(c) RULE OF CONSTRUCTION.—For purposes of this section, any 

windshield mounted technology with a short term exemption under 

part 381 of title 49, Code of Federal Regulations, on the date 

of enactment of this Act, shall be considered likely to achieve 

a level of safety that is equivalent to or greater than the level 

of safety that would be achieved absent an exemption under subsection (a). 

SEC. 5302. PRIORITIZING STATUTORY RULEMAKINGS. 

The Administrator of the Federal Motor Carrier Safety 

Administration shall prioritize the completion of each outstanding 

rulemaking required by statute before beginning any other rulemaking, unless the Secretary determines that there is a significant 

need for such other rulemaking and notifies Congress of such determination. 

SEC. 5303. SAFETY REPORTING SYSTEM. 

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States 

shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and 

Infrastructure of the House of Representatives a report on the 

cost and feasibility of establishing a self-reporting system for 

commercial motor vehicle drivers or motor carriers with respect 

to en route equipment failures. 

(b) CONTENTS.—The report required under subsection (a) shall 

include— 

(1) an analysis of— 

(A) alternatives for the reporting of equipment failures 

in real time, including an Internet Web site or telephone 

hotline; 

(B) the ability of a commercial motor vehicle driver 

or a motor carrier to provide to the Federal Motor Carrier 

49 USC 113 note. 

49 USC 31136 

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Safety Administration proof of repair of a self-reported 

equipment failure; 

(C) the ability of the Federal Motor Carrier Safety 

Administration to ensure that self-reported equipment failures proven to be repaired are not used in the calculation 

of Behavior Analysis and Safety Improvement Category 

scores; 

(D) the ability of roadside inspectors to access selfreported equipment failures; 

(E) the cost to establish and administer a self-reporting 

system; 

(F) the ability for a self-reporting system to track individual commercial motor vehicles through unique identifiers; and 

(G) whether a self-reporting system would yield demonstrable safety benefits; 

(2) an identification of any regulatory or statutory impediments to the implementation of a self-reporting system; and 

(3) recommendations on implementing a self-reporting 

system. 

SEC. 5304. NEW ENTRANT SAFETY REVIEW PROGRAM. 

(a) IN GENERAL.—The Secretary shall conduct an assessment 

of the new operator safety review program under section 31144(g) 

of title 49, United States Code, including the program’s effectiveness 

in reducing crashes, fatalities, and injuries involving commercial 

motor vehicles and improving commercial motor vehicle safety. 

(b) REPORT.—Not later than 1 year after the date of enactment 

of this Act, the Secretary shall publish on a publicly accessible 

Internet Web site of the Department and submit to the Committee 

on Commerce, Science, and Transportation of the Senate and the 

Committee on Transportation and Infrastructure of the House of 

Representatives a report on the results of the assessment conducted 

under subsection (a), including any recommendations for improving 

the effectiveness of the program (including recommendations for 

legislative changes). 

SEC. 5305. HIGH RISK CARRIER REVIEWS. 

(a) IN GENERAL.—The Secretary shall ensure that a review 

is completed on each motor carrier that demonstrates through 

performance data that it poses the highest safety risk. At a minimum, a review shall be conducted whenever a motor carrier is 

among the highest risk carriers for 4 consecutive months. 

(b) REPORT.—The Secretary shall post on a public Web site 

a report on the actions the Secretary has taken to comply with 

this section, including the number of high risk carriers identified 

and the high risk carriers reviewed. 

(c) CONFORMING AMENDMENT.—Section 4138 of SAFETEA–LU 

(49 U.S.C. 31144 note), and the item relating to that section in 

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

SEC. 5306. POST-ACCIDENT REPORT REVIEW. 

(a) IN GENERAL.—Not later than 120 days after the date of 

enactment of this Act, the Secretary shall convene a working 

group— 

(1) to review the data elements of post-accident reports, 

for tow-away accidents involving commercial motor vehicles, 

that are reported to the Federal Government; and 

49 USC 31144 

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(2) to report to the Secretary its findings and any recommendations, including best practices for State post-accident 

reports to achieve the data elements described in subsection 

(c). 

(b) COMPOSITION.—Not less than 51 percent of the working 

group should be composed of individuals representing the States 

or State law enforcement officials. The remaining members of the 

working group shall represent industry, labor, safety advocates, 

and other interested parties. 

(c) CONSIDERATIONS.—The working group shall consider 

requiring additional data elements, including— 

(1) the primary cause of the accident, if the primary cause 

can be determined; and 

(2) the physical characteristics of the commercial motor 

vehicle and any other vehicle involved in the accident, 

including— 

(A) the vehicle configuration; 

(B) the gross vehicle weight, if the weight can be 

readily determined; 

(C) the number of axles; and 

(D) the distance between axles, if the distance can 

be readily determined. 

(d) REPORT.—Not later than 1 year after the date of enactment 

of this Act, the Secretary shall— 

(1) review the findings of the working group; 

(2) identify the best practices for State post-accident reports 

that are reported to the Federal Government, including identifying the data elements that should be collected following a 

tow-away commercial motor vehicle accident; and 

(3) recommend to the States the adoption of new data 

elements to be collected following reportable commercial motor 

vehicle accidents. 

(e) TERMINATION.—The working group shall terminate not more 

than 180 days after the date on which the Secretary makes recommendations under subsection (d)(3). 

SEC. 5307. IMPLEMENTING SAFETY REQUIREMENTS. 

(a) IN GENERAL.—For each rulemaking described in subsection 

(c), not later than 30 days after the date of enactment of this 

Act and every 180 days thereafter until the rulemaking is complete, 

the Secretary shall submit to the Committee on Transportation 

and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate 

a written notification that includes— 

(1) for a rulemaking with a statutory deadline— 

(A) an explanation of why the deadline was not met; 

and 

(B) an expected date of completion of the rulemaking; 

and 

(2) for a rulemaking without a statutory deadline, an 

expected date of completion of the rulemaking. 

(b) ADDITIONAL CONTENTS.—A notification submitted under 

subsection (a) shall include— 

(1) an updated rulemaking timeline; 

(2) a list of factors causing delays in the completion of 

the rulemaking; and 


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129 STAT. 1546 PUBLIC LAW 114–94—DEC. 4, 2015 

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

rulemaking. 

(c) RULEMAKINGS.—The Secretary shall submit a written 

notification under subsection (a) for each of the following 

rulemakings: 

(1) The rulemaking required under section 31306a(a)(1) 

of title 49, United States Code. 

(2) The rulemaking required under section 31137(a) of title 

49, United States Code. 

(3) The rulemaking required under section 31305(c) of title 

49, United States Code. 

(4) The rulemaking required under section 31601 of division 

C of MAP–21 (49 U.S.C. 30111 note). 

(5) A rulemaking concerning motor carrier safety fitness 

determinations. 

(6) A rulemaking concerning commercial motor vehicle 

safety required by an Act of Congress enacted on or after 

August 1, 2005, and incomplete for more than 2 years. 

Subtitle D—Commercial Motor Vehicle 

Drivers 

SEC. 5401. OPPORTUNITIES FOR VETERANS. 

(a) STANDARDS FOR TRAINING AND TESTING OF VETERAN OPERA- TORS.—Section 31305 of title 49, United States Code, is amended 

by adding at the end the following: 

‘‘(d) STANDARDS FOR TRAINING AND TESTING OF VETERAN OPERA- TORS.— ‘‘(1) IN GENERAL.—Not later than December 31, 2016, the 

Secretary shall modify the regulations prescribed under subsections (a) and (c) to— 

‘‘(A) exempt a covered individual from all or a portion 

of a driving test if the covered individual had experience 

in the armed forces or reserve components driving vehicles 

similar to a commercial motor vehicle; 

‘‘(B) ensure that a covered individual may apply for 

an exemption under subparagraph (A) during, at least, 

the 1-year period beginning on the date on which such 

individual separates from service in the armed forces or 

reserve components; and 

‘‘(C) credit the training and knowledge a covered individual received in the armed forces or reserve components 

driving vehicles similar to a commercial motor vehicle for 

purposes of satisfying minimum standards for training and 

knowledge. 

‘‘(2) DEFINITIONS.—In this subsection, the following definitions apply: 

‘‘(A) ARMED FORCES.—The term ‘armed forces’ has the 

meaning given that term in section 101(a) of title 10. 

‘‘(B) COVERED INDIVIDUAL.—The term ‘covered individual’ means an individual over the age of 21 years who 

is— 

‘‘(i) a former member of the armed forces; or 

‘‘(ii) a former member of the reserve components. 

‘‘(C) RESERVE COMPONENTS.—The term ‘reserve components’ means— 


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‘‘(i) the Army National Guard of the United States; 

‘‘(ii) the Army Reserve; 

‘‘(iii) the Navy Reserve; 

‘‘(iv) the Marine Corps Reserve; 

‘‘(v) the Air National Guard of the United States; 

‘‘(vi) the Air Force Reserve; and 

‘‘(vii) the Coast Guard Reserve.’’. 

(b) IMPLEMENTATION OF ADMINISTRATIVE RECOMMENDATIONS.— 

Not later than 1 year after the date of enactment of this Act, 

the Secretary, in consultation with the Secretary of Defense, shall 

implement the recommendations contained in the report submitted 

under section 32308 of MAP–21 (49 U.S.C. 31301 note) that are 

not implemented as a result of the amendment in subsection (a). 

(c) IMPLEMENTATION OF THE MILITARY COMMERCIAL DRIVER’S

LICENSE ACT.—Not later than December 31, 2015, the Secretary 

shall issue final regulations to implement the exemption to the 

domicile requirement under section 31311(a)(12)(C) of title 49, 

United States Code. 

(d) CONFORMING AMENDMENT.—Section 31311(a)(12)(C)(ii) of 

title 49, United States Code, is amended to read as follows: 

‘‘(ii) is an active duty member of— 

‘‘(I) the armed forces (as that term is defined in 

section 101(a) of title 10); or 

‘‘(II) the reserve components (as that term is 

defined in section 31305(d)(2) of this title); and’’. 

SEC. 5402. DRUG-FREE COMMERCIAL DRIVERS. 

(a) IN GENERAL.—Section 31306 of title 49, United States Code, 

is amended— 

(1) in subsection (b)(1)— 

(A) by redesignating subparagraph (B) as subparagraph (C); 

(B) in subparagraph (A) by striking ‘‘The regulations 

shall permit such motor carriers to conduct preemployment 

testing of such employees for the use of alcohol.’’; and 

(C) by inserting after subparagraph (A) the following: 

‘‘(B) The regulations prescribed under subparagraph (A) shall 

permit motor carriers— 

‘‘(i) to conduct preemployment testing of commercial motor 

vehicle operators for the use of alcohol; and 

‘‘(ii) to use hair testing as an acceptable alternative to 

urine testing— 

‘‘(I) in conducting preemployment testing for the use 

of a controlled substance; and 

‘‘(II) in conducting random testing for the use of a 

controlled substance if the operator was subject to hair 

testing for preemployment testing.’’; 

(2) in subsection (b)(2)— 

(A) in subparagraph (A) by striking ‘‘and’’ at the end; 

(B) in subparagraph (B) by striking the period at the 

end and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(C) shall provide an exemption from hair testing for 

commercial motor vehicle operators with established religious 

beliefs that prohibit the cutting or removal of hair.’’; and 

(3) in subsection (c)(2)— 

49 USC 31311 

note. 

49 USC 31301 

note. 


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129 STAT. 1548 PUBLIC LAW 114–94—DEC. 4, 2015 

(A) in the matter preceding subparagraph (A) by 

inserting ‘‘for urine testing, and technical guidelines for 

hair testing,’’ before ‘‘including mandatory guidelines’’; 

(B) in subparagraph (B) by striking ‘‘and’’ at the end; 

(C) in subparagraph (C) by inserting ‘‘and’’ after the 

semicolon; and 

(D) by adding at the end the following: 

‘‘(D) laboratory protocols and cut-off levels for hair 

testing to detect the use of a controlled substance;’’. 

(b) GUIDELINES.—Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services 

shall issue scientific and technical guidelines for hair testing as 

a method of detecting the use of a controlled substance for purposes 

of section 31306 of title 49, United States Code. 

SEC. 5403. MEDICAL CERTIFICATION OF VETERANS FOR COMMERCIAL 

DRIVER’S LICENSES. 

(a) IN GENERAL.—In the case of a physician-approved veteran 

operator, the qualified physician of such operator may, subject 

to the requirements of subsection (b), perform a medical examination and provide a medical certificate for purposes of compliance 

with the requirements of section 31149 of title 49, United States 

Code. 

(b) CERTIFICATION.—The certification described under subsection (a) shall include— 

(1) assurances that the physician performing the medical 

examination meets the requirements of a qualified physician 

under this section; and 

(2) certification that the physical condition of the operator 

is adequate to enable such operator to operate a commercial 

motor vehicle safely. 

(c) NATIONAL REGISTRY OF MEDICAL EXAMINERS.—The Secretary, in consultation with the Secretary of Veterans Affairs, shall 

develop a process for qualified physicians to perform a medical 

examination and provide a medical certificate under subsection 

(a) and include such physicians on the national registry of medical 

examiners established under section 31149(d) of title 49, United 

States Code. 

(d) DEFINITIONS.—In this section, the following definitions 

apply: 

(1) PHYSICIAN-APPROVED VETERAN OPERATOR.—The term 

‘‘physician-approved veteran operator’’ means an operator of 

a commercial motor vehicle who— 

(A) is a veteran who is enrolled in the health care 

system established under section 1705(a) of title 38, United 

States Code; and 

(B) is required to have a current valid medical certificate pursuant to section 31149 of title 49, United States 

Code. 

(2) QUALIFIED PHYSICIAN.—The term ‘‘qualified physician’’ 

means a physician who— 

(A) is employed in the Department of Veterans Affairs; 

(B) is familiar with the standards for, and physical 

requirements of, an operator certified pursuant to section 

31149 of title 49, United States Code; and 

49 USC 31149 

note. 

49 USC 31306 

note. 


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(C) has never, with respect to such section, been found 

to have acted fraudulently, including by fraudulently 

awarding a medical certificate. 

(3) VETERAN.—The term ‘‘veteran’’ has the meaning given 

the term in section 101 of title 38, United States Code. 

(e) STATUTORY CONSTRUCTION.—Nothing in this section shall 

be construed to change any statutory penalty associated with fraud 

or abuse. 

SEC. 5404. COMMERCIAL DRIVER PILOT PROGRAM. 

(a) IN GENERAL.—The Secretary shall establish a pilot program 

under section 31315(c) of title 49, United States Code, to study 

the feasibility, benefits, and safety impacts of allowing a covered 

driver to operate a commercial motor vehicle in interstate commerce. 

(b) DATA COLLECTION.—The Secretary shall collect and analyze 

data relating to accidents in which— 

(1) a covered driver participating in the pilot program 

is involved; and 

(2) a driver under the age of 21 operating a commercial 

motor vehicle in intrastate commerce is involved. 

(c) LIMITATIONS.—A driver participating in the pilot program 

may not— 

(1) transport— 

(A) passengers; or 

(B) hazardous cargo; or 

(2) operate a vehicle in special configuration. 

(d) WORKING GROUP.— 

(1) ESTABLISHMENT.—The Secretary shall conduct, monitor, 

and evaluate the pilot program in consultation with a working 

group to be established by the Secretary consisting of representatives of the armed forces, industry, drivers, safety advocacy 

organizations, and State licensing and enforcement officials. 

(2) DUTIES.—The working group shall review the data collected under subsection (b) and provide recommendations to 

the Secretary on the feasibility, benefits, and safety impacts 

of allowing a covered driver to operate a commercial motor 

vehicle in interstate commerce. 

(e) REPORT.—Not later than 1 year after the date on which 

the pilot program is concluded, the Secretary shall submit to Congress a report describing the findings of the pilot program and 

the recommendations of the working group. 

(f) DEFINITIONS.—In this section, the following definitions apply: 

(1) ACCIDENT.—The term ‘‘accident’’ has the meaning given 

that term in section 390.5 of title 49, Code of Federal Regulations, as in effect on the date of enactment of this Act. 

(2) ARMED FORCES.—The term ‘‘armed forces’’ has the 

meaning given that term in section 101(a) of title 10, United 

States Code. 

(3) COMMERCIAL MOTOR VEHICLE.—The term ‘‘commercial 

motor vehicle’’ has the meaning given that term in section 

31301 of title 49, United States Code. 

(4) COVERED DRIVER.—The term ‘‘covered driver’’ means 

an individual who is— 

(A) between the ages of 18 and 21; 

(B) a member or former member of the— 

(i) armed forces; or 

49 USC 31315 

note. 


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129 STAT. 1550 PUBLIC LAW 114–94—DEC. 4, 2015 

(ii) reserve components (as defined in section 

31305(d)(2) of title 49, United States Code, as added 

by this Act); and 

(C) qualified in a Military Occupational Specialty to 

operate a commercial motor vehicle or similar vehicle. 

Subtitle E—General Provisions 

SEC. 5501. DELAYS IN GOODS MOVEMENT. 

(a) REPORT.— 

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

of enactment of this Act, the Inspector General of the Department shall submit to the Committee on Transportation and 

Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate 

a report on the average length of time that operators of commercial motor vehicles are delayed before the loading and unloading 

of such vehicles and at other points in the pick-up and delivery 

process. 

(2) CONTENTS.—The report under paragraph (1) shall 

include— 

(A) an assessment of how delays impact— 

(i) the economy; 

(ii) the efficiency of the transportation system; 

(iii) motor carrier safety, including the extent to 

which delays result in violations of motor carrier safety 

regulations; and 

(iv) the livelihood of motor carrier drivers; and 

(B) recommendations on how delays could be mitigated. 

(b) COLLECTION OF DATA.—Not later than 2 years after the 

date of enactment of this Act, the Secretary shall establish by 

regulation a process to collect data on delays experienced by operators of commercial motor vehicles before the loading and unloading 

of such vehicles and at other points in the pick-up and delivery 

process. 

SEC. 5502. EMERGENCY ROUTE WORKING GROUP. 

(a) IN GENERAL.— 

(1) ESTABLISHMENT.—Not later than 1 year after the date 

of enactment of this Act, the Secretary shall establish a working 

group to determine best practices for expeditious State approval 

of special permits for vehicles involved in emergency response 

and recovery. 

(2) MEMBERS.—The working group shall include representatives from— 

(A) State highway transportation departments or agencies; 

(B) relevant modal agencies within the Department; 

(C) emergency response or recovery experts; 

(D) relevant safety groups; and 

(E) entities affected by special permit restrictions 

during emergency response and recovery efforts. 

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

49 USC 14103 

note. 


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(1) impediments currently exist that prevent expeditious 

State approval of special permits for vehicles involved in emergency response and recovery; 

(2) it is possible to pre-identify and establish emergency 

routes between States through which infrastructure repair 

materials could be delivered following a natural disaster or 

emergency; 

(3) a State could pre-designate an emergency route identified under paragraph (2) as a certified emergency route if 

a motor vehicle that exceeds the otherwise applicable Federal 

and State truck length or width limits may safely operate 

along such route during periods of declared emergency and 

recovery from such periods; and 

(4) an online map could be created to identify each predesignated emergency route under paragraph (3), including 

information on specific limitations, obligations, and notification 

requirements along that route. 

(c) REPORT.— 

(1) SUBMISSION.—Not later than 1 year after the date of 

enactment of this Act, the working group shall submit to the 

Secretary a report on its findings under this section and any 

recommendations for the implementation of best practices for 

expeditious State approval of special permits for vehicles 

involved in emergency response and recovery. 

(2) PUBLICATION.—Not later than 30 days after the date 

the Secretary receives the report under paragraph (1), the 

Secretary shall publish the report on a publicly accessible Internet Web site of the Department. 

(d) NOTIFICATION.—Not later than 6 months after the date 

the Secretary receives the report under subsection (c)(1), the Secretary shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the actions 

the Secretary and the States have taken to implement the recommendations included in the report. 

(e) TERMINATION.—The working group shall terminate 1 year 

after the date the Secretary receives the report under subsection 

(c)(1). 

SEC. 5503. HOUSEHOLD GOODS CONSUMER PROTECTION WORKING 

GROUP. 

(a) WORKING GROUP.—The Secretary shall establish a working 

group for the purpose of developing recommendations on how to 

best convey to consumers relevant information with respect to the 

Federal laws concerning the interstate transportation of household 

goods by motor carrier. 

(b) MEMBERSHIP.—The Secretary shall ensure that the working 

group is comprised of individuals with expertise in consumer affairs, 

educators with expertise in how people learn most effectively, and 

representatives of the household goods moving industry. 

(c) RECOMMENDATIONS.— 

(1) CONTENTS.—The recommendations developed by the 

working group shall include recommendations on— 

(A) condensing publication ESA 03005 of the Federal 

Motor Carrier Safety Administration into a format that 

is more easily used by consumers; 


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129 STAT. 1552 PUBLIC LAW 114–94—DEC. 4, 2015 

(B) using state-of-the-art education techniques and 

technologies, including optimizing the use of the Internet 

as an educational tool; and 

(C) reducing and simplifying the paperwork required 

of motor carriers and shippers in interstate transportation. 

(2) DEADLINE.—Not later than 1 year after the date of 

enactment of this Act— 

(A) the working group shall make the recommendations 

described in paragraph (1); and 

(B) the Secretary shall publish the recommendations 

on a publicly accessible Internet Web site of the Department. 

(d) REPORT.—Not later than 1 year after the date on which 

the working group makes its recommendations under subsection 

(c)(2), the Secretary shall issue a report to Congress on the 

implementation of such recommendations. 

(e) TERMINATION.—The working group shall terminate 1 year 

after the date the working group makes its recommendations under 

subsection (c)(2). 

SEC. 5504. TECHNOLOGY IMPROVEMENTS. 

(a) IN GENERAL.—Not later than 18 months after the date 

of enactment of this Act, the Comptroller General of the United 

States shall conduct a comprehensive analysis of the information 

technology and data collection and management systems of the 

Federal Motor Carrier Safety Administration. 

(b) REQUIREMENTS.—The study conducted under subsection (a) 

shall— 

(1) evaluate the efficacy of the existing information technology, data collection, processing systems, data correction 

procedures, and data management systems and programs, 

including their interaction with each other and their efficacy 

in meeting user needs; 

(2) identify any redundancies among the systems, procedures, and programs described in paragraph (1); 

(3) explore the feasibility of consolidating data collection 

and processing systems; 

(4) evaluate the ability of the systems, procedures, and 

programs described in paragraph (1) to meet the needs of— 

(A) the Federal Motor Carrier Safety Administration, 

at both the headquarters and State levels; 

(B) the State agencies that implement the motor carrier 

safety assistance program under section 31102 of title 49, 

United States Code; and 

(C) other users; 

(5) evaluate the adaptability of the systems, procedures, 

and programs described in paragraph (1), in order to make 

necessary future changes to ensure user needs are met in 

an easier, timely, and more cost-efficient manner; 

(6) investigate and make recommendations regarding— 

(A) deficiencies in existing data sets impacting program 

effectiveness; and 

(B) methods to improve user interfaces; and 

(7) identify the appropriate role the Federal Motor Carrier 

Safety Administration should take with respect to software 

and information systems design, development, and maintenance 


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for the purpose of improving the efficacy of the systems, procedures, and programs described in paragraph (1). 

SEC. 5505. NOTIFICATION REGARDING MOTOR CARRIER REGISTRATION. 

Not later than 30 days after the date of enactment of this 

Act, the Secretary shall submit to the Committee on Transportation 

and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate 

written notification of the actions the Secretary is taking to ensure, 

to the greatest extent practicable, that each application for registration under section 13902 of title 49, United States Code, is processed 

not later than 30 days after the date on which the application 

is received by the Secretary. 

SEC. 5506. REPORT ON COMMERCIAL DRIVER’S LICENSE SKILLS TEST 

DELAYS. 

Not later than 18 months after the date of enactment of this 

Act, and each year thereafter, the Administrator of the Federal 

Motor Carrier Safety Administration shall submit to the Committee 

on Commerce, Science, and Transportation of the Senate and the 

Committee on Transportation and Infrastructure of the House of 

Representatives a report that— 

(1) describes, for each State, the status of skills testing 

for applicants for a commercial driver’s license, including— 

(A) the average wait time from the date an applicant 

requests to take a skills test to the date the applicant 

has the opportunity to complete such test; 

(B) the average wait time from the date an applicant, 

upon failure of a skills test, requests a retest to the date 

the applicant has the opportunity to complete such retest; 

(C) the actual number of qualified commercial driver’s 

license examiners available to test applicants; and 

(D) the number of testing sites available through the 

State department of motor vehicles and whether this 

number has increased or decreased from the previous year; 

and 

(2) describes specific steps that the Administrator is taking 

to address skills testing delays in States that have average 

skills test or retest wait times of more than 7 days from 

the date an applicant requests to test or retest to the date 

the applicant has the opportunity to complete such test or 

retest. 

SEC. 5507. ELECTRONIC LOGGING DEVICE REQUIREMENTS. 

Section 31137(b) of title 49, United States Code, is amended— 

(1) in paragraph (1)(C) by striking ‘‘apply to’’ and inserting 

‘‘except as provided in paragraph (3), apply to’’; and 

(2) by adding at the end the following: 

‘‘(3) EXCEPTION.—A motor carrier, when transporting a 

motor home or recreation vehicle trailer within the definition 

of the term ‘driveaway-towaway operation’ (as defined in section 

390.5 of title 49, Code of Federal Regulations), may comply 

with the hours of service requirements by requiring each driver 

to use— 

‘‘(A) a paper record of duty status form; or 

‘‘(B) an electronic logging device.’’. 

49 USC 31305 

note. 


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129 STAT. 1554 PUBLIC LAW 114–94—DEC. 4, 2015 

SEC. 5508. TECHNICAL CORRECTIONS. 

(a) TITLE 49.—Title 49, United States Code, is amended as 

follows: 

(1) Section 13902(i)(2) is amended by inserting ‘‘except 

as’’ before ‘‘described’’. 

(2) Section 13903(d) is amended by striking ‘‘(d) REGISTRATION AS MOTOR CARRIER REQUIRED.—’’ and all that follows 

through ‘‘(1) IN GENERAL.—A freight forwarder’’ and inserting 

‘‘(d) REGISTRATION AS MOTOR CARRIER REQUIRED.—A freight 

forwarder’’. 

(3) Section 13905(d)(2)(D) is amended— 

(A) by striking ‘‘the Secretary finds 

that—’’ and all that follows through ‘‘(i) the motor carrier,’’ 

and inserting ‘‘the Secretary finds that the motor carrier,’’; 

and 

(B) by adding a period at the end. 

(4) Section 14901(h) is amended by striking ‘‘HOUSEHOLD

GOODS’’ in the heading. 

(5) Section 14916 is amended by striking the section designation and heading and inserting the following: 

‘‘§ 14916. Unlawful brokerage activities’’. 

(b) MAP–21.—Effective as of July 6, 2012, and as if included 

therein as enacted, MAP–21 (Public Law 112–141) is amended 

as follows: 

(1) Section 32108(a)(4) (126 Stat. 782) is amended by 

inserting ‘‘for’’ before ‘‘each additional day’’ in the matter proposed to be struck. 

(2) Section 32301(b)(3) (126 Stat. 786) is amended by 

striking ‘‘by amending (a) to read as follows:’’ and inserting 

‘‘by striking subsection (a) and inserting the following:’’. 

(3) Section 32302(c)(2)(B) (126 Stat. 789) is amended by 

striking ‘‘section 32303(c)(1)’’ and inserting ‘‘section 32302(c)(1)’’ 

(4) Section 32921(b) (126 Stat. 828) is amended, in the 

matter to be inserted, by striking ‘‘(A) In addition’’ and inserting 

the following: 

‘‘(A) IN GENERAL.—In addition’’. 

(5) Section 32931(c) (126 Stat. 829) is amended— 

(A) by striking ‘‘Secretary’’ and inserting ‘‘Secretary 

of Transportation’’ in the matter to be struck; and 

(B) by striking ‘‘Secretary’’ and inserting ‘‘Secretary 

of Transportation’’ in the matter to be inserted. 

(c) MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999.—Section 229(a)(1) of the Motor Carrier Safety Improvement Act of 

1999 (49 U.S.C. 31136 note) is amended by inserting ‘‘of title 49, 

United States Code,’’ after ‘‘sections 31136 and 31502’’. 

SEC. 5509. MINIMUM FINANCIAL RESPONSIBILITY. 

(a) TRANSPORTING PROPERTY.—If the Secretary proceeds with 

a rulemaking to determine whether to increase the minimum levels 

of financial responsibility required under section 31139 of title 

49, United States Code, the Secretary shall consider, prior to issuing 

a final rule— 

(1) the rulemaking’s potential impact on— 

(A) the safety of motor vehicle transportation; and 

(B) the motor carrier industry; 

49 USC 31138 

note. 

49 USC 31307. 

49 USC 31144. 

49 USC 31149 

note. 

49 USC 31137. 

49 USC 14901. 

49 USC 14901 

note. 


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(2) the ability of the insurance industry to provide the 

required amount of insurance; 

(3) the extent to which current minimum levels of financial 

responsibility adequately cover— 

(A) medical care; 

(B) compensation; and 

(C) other identifiable costs; 

(4) the frequency with which insurance claims exceed current minimum levels of financial responsibility in fatal 

accidents; and 

(5) the impact of increased levels on motor carrier safety 

and accident reduction. 

(b) TRANSPORTING PASSENGERS.— (1) IN GENERAL.—Prior to initiating a rulemaking to change 

the minimum levels of financial responsibility under section 

31138 of title 49, United States Code, the Secretary shall complete a study specific to the minimum financial responsibility 

requirements for motor carriers of passengers. 

(2) STUDY CONTENTS.—A study under paragraph (1) shall 

include, to the extent practicable— 

(A) a review of accidents, injuries, and fatalities in 

the over-the-road bus and school bus industries; 

(B) a review of insurance held by over-the-road bus 

and public and private school bus companies, including 

companies of various sizes, and an analysis of whether 

such insurance is adequate to cover claims; 

(C) an analysis of whether and how insurance affects 

the behavior and safety record of motor carriers of passengers, including with respect to crash reduction; and 

(D) an analysis of the anticipated impacts of an 

increase in financial responsibility on insurance premiums 

for passenger carriers and service availability. 

(3) CONSULTATION.—In conducting a study under paragraph (1), the Secretary shall consult with— 

(A) representatives of the over-the-road bus and private 

school bus transportation industries, including representatives of bus drivers; and 

(B) insurers of motor carriers of passengers. 

(4) REPORT.—If the Secretary undertakes a study under 

paragraph (1), the Secretary shall submit to the Committee 

on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate a report on the results of the 

study. 

SEC. 5510. SAFETY STUDY REGARDING DOUBLE-DECKER 

MOTORCOACHES. 

(a) STUDY.—The Secretary, in consultation with State transportation safety and law enforcement officials, shall conduct a study 

regarding the safety operations, fire suppression capability, tire 

loads, and pavement impacts of operating a double-decker motorcoach equipped with a device designed by the motorcoach manufacturer to attach to the rear of the motorcoach for use in transporting 

passenger baggage. 

(b) REPORT.—Not later than 180 days after the date of enactment of this Act, the Secretary shall submit a report containing 

the results of the study to— 


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(1) the Committee on Transportation and Infrastructure 

of the House of Representatives; and 

(2) the Committee on Commerce, Science, and Transportation of the Senate. 

SEC. 5511. GAO REVIEW OF SCHOOL BUS SAFETY. 

Not later than 1 year after the date of enactment of this 

Act, the Comptroller General of the United States shall submit 

to the Committee on Commerce, Science, and Transportation of 

the Senate and the Committee on Transportation and Infrastructure 

of the House of Representatives a review of the following: 

(1) Existing Federal and State rules and guidance, as of 

the date of the review, concerning school bus transportation 

of elementary school and secondary school students engaging 

in home-to-school transport or other transport determined by 

the Comptroller General to be a routine part of kindergarten 

through grade 12 education, including regulations and guidance 

regarding driver training programs, capacity requirements, programs for special needs students, inspection standards, vehicle 

age requirements, best practices, and public access to inspection 

results and crash records. 

(2) Any correlation between public or private school bus 

fleet operators whose vehicles are involved in an accident as 

defined by section 390.5 of title 49, Code of Federal Regulations, 

and each of the following: 

(A) A failure by those same operators of State or local 

safety inspections. 

(B) The average age or odometer readings of the school 

buses in the fleets of such operators. 

(C) Violations of Federal laws administered by the 

Department of Transportation, or of State law equivalents 

of such laws. 

(D) Violations of State or local law relating to illegal 

passing of a school bus. 

(3) A regulatory framework comparison of public and private school bus operations. 

(4) Expert recommendations on best practices for safe and 

reliable school bus transportation, including driver training 

programs, inspection standards, school bus age and odometer 

reading maximums for retirement, the percentage of buses 

in a local bus fleet needed as spare buses, and capacity levels 

per school bus for different age groups. 

SEC. 5512. ACCESS TO NATIONAL DRIVER REGISTER. 

Section 30305(b) of title 49, United States Code, is amended 

by adding at the end the following: 

‘‘(13) The Administrator of the Federal Motor Carrier Safety 

Administration may request the chief driver licensing official 

of a State to provide information under subsection (a) of this 

section about an individual in connection with a safety investigation under the Administrator’s jurisdiction.’’. 

SEC. 5513. REPORT ON DESIGN AND IMPLEMENTATION OF WIRELESS 

ROADSIDE INSPECTION SYSTEMS. 

(a) IN GENERAL.—Not later than 180 days after the date of 

enactment of this Act, the Secretary shall submit to the Committee 

on Commerce, Science, and Transportation of the Senate and the 

Committee on Transportation and Infrastructure of the House of 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1557 

Representatives a report regarding the design, development, testing, 

and implementation of wireless roadside inspection systems. 

(b) ELEMENTS.—The report required under subsection (a) shall 

include a determination as to whether Federal wireless roadside 

inspection systems— 

(1) conflict with existing electronic screening systems, or 

create capabilities already available; 

(2) require additional statutory authority to incorporate 

generated inspection data into the safety measurement system 

or the safety fitness determinations program; and 

(3) provide appropriate restrictions to specifically address 

privacy concerns of affected motor carriers and operators. 

SEC. 5514. REGULATION OF TOW TRUCK OPERATIONS. 

Section 14501(c)(2)(C) of title 49, United States Code, is 

amended by striking ‘‘the price of’’ and all that follows through 

‘‘transportation is’’ and inserting ‘‘the regulation of tow truck operations’’. 

SEC. 5515. STUDY ON COMMERCIAL MOTOR VEHICLE DRIVER COMMUTING. 

(a) EFFECTS OF COMMUTING.—The Administrator of the Federal 

Motor Carrier Safety Administration shall conduct a study on the 

safety effects of motor carrier operator commutes exceeding 150 

minutes. 

(b) REPORT.—Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to Congress a 

report containing the findings under the study. 

SEC. 5516. ADDITIONAL STATE AUTHORITY. 

Notwithstanding any other provision of law, South Dakota shall 

be provided the opportunity to update and revise the routes designated as qualifying Federal-aid Primary System highways under 

section 31111(e) of title 49, United States Code, as long as the 

update shifts routes to divided highways or does not increase centerline miles by more than 5 percent and is expected to increase 

safety performance. 

SEC. 5517. REPORT ON MOTOR CARRIER FINANCIAL RESPONSIBILITY. 

(a) IN GENERAL.—Not later than January 1, 2017, the Secretary 

shall publish on a publicly accessible Internet Web site of the 

Department a report on the minimum levels of financial responsibility required under section 31139 of title 49, United States Code. 

(b) CONTENTS.—The report required under subsection (a) shall 

include, to the extent practicable, an analysis of— 

(1) the differences between State insurance requirements 

and Federal requirements; 

(2) the extent to which current minimum levels of financial 

responsibility adequately cover— 

(A) medical care; 

(B) compensation; and 

(C) other identifiable costs; and 

(3) the frequency with which insurance claims exceed the 

current minimum levels of financial responsibility. 


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129 STAT. 1558 PUBLIC LAW 114–94—DEC. 4, 2015 

SEC. 5518. COVERED FARM VEHICLES. 

Section 32934(b)(1) of MAP–21 (49 U.S.C. 31136 note) is 

amended by striking ‘‘from’’ and all that follows through the period 

at end and inserting the following: ‘‘from— 

‘‘(A) a requirement described in subsection (a) or a 

compatible State requirement; or 

‘‘(B) any other minimum standard provided by a State 

relating to the operation of that vehicle.’’. 

SEC. 5519. OPERATORS OF HI-RAIL VEHICLES. 

(a) IN GENERAL.—In the case of a commercial motor vehicle 

driver subject to the hours of service requirements in part 395 

of title 49, Code of Federal Regulations, who is driving a hi-rail 

vehicle, the maximum on duty time under section 395.3 of such 

title for such driver shall not include time in transportation to 

or from a duty assignment if such time in transportation— 

(1) does not exceed 2 hours per calendar day or a total 

of 30 hours per calendar month; and 

(2) is fully and accurately accounted for in records to be 

maintained by the motor carrier and such records are made 

available upon request of the Federal Motor Carrier Safety 

Administration or the Federal Railroad Administration. 

(b) HI-RAIL VEHICLE DEFINED.—In this section, the term ‘‘hirail vehicle’’ means an internal rail flaw detection vehicle equipped 

with flange hi-rails. 

SEC. 5520. AUTOMOBILE TRANSPORTER. 

(a) AUTOMOBILE TRANSPORTER DEFINED.—Section 31111(a)(1) 

of title 49, United States Code, is amended— 

(1) by striking ‘‘specifically’’; and 

(2) by adding at the end the following: ‘‘An automobile 

transporter shall not be prohibited from the transport of cargo 

or general freight on a backhaul, so long as it complies with 

weight limitations for a truck tractor and semitrailer combination.’’. 

(b) TRUCK TRACTOR DEFINED.—Section 31111(a)(3)(B) of title 

49, United States Code, is amended— 

(1) by striking ‘‘only’’; and 

(2) by inserting before the period at the end the following: 

‘‘or any other commodity, including cargo or general freight 

on a backhaul’’. 

(c) BACKHAUL DEFINED.—Section 31111(a) of title 49, United 

States Code, is amended by adding at the end the following: 

‘‘(5) BACKHAUL.—The term ‘backhaul’ means the return 

trip of a vehicle transporting cargo or general freight, especially 

when carrying goods back over all or part of the same route.’’. 

(d) STINGER-STEERED AUTOMOBILE TRANSPORTERS.—Section 

31111(b)(1) of title 49, United States Code, is amended— 

(1) in subparagraph (E) by striking ‘‘or’’ at the end; 

(2) in subparagraph (F) by striking the period at the end 

and inserting a semicolon; and 

(3) by adding at the end the following: 

‘‘(G) imposes a vehicle length limitation of less than 80 

feet on a stinger-steered automobile transporter with a front 

overhang of less than 4 feet and a rear overhang of less than 

6 feet; or’’. 

49 USC 31136 

note. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1559 

SEC. 5521. READY MIX CONCRETE DELIVERY VEHICLES. 

Section 31502 of title 49, United States Code, is amended 

by adding at the end the following: 

‘‘(f) READY MIXED CONCRETE DELIVERY VEHICLES.— 

‘‘(1) IN GENERAL.—Notwithstanding any other provision of 

law, regulations issued under this section or section 31136 

(including section 395.1(e)(1)(ii) of title 49, Code of Federal 

Regulations) regarding reporting, recordkeeping, or documentation of duty status shall not apply to any driver of a ready 

mixed concrete delivery vehicle if— 

‘‘(A) the driver operates within a 100 air-mile radius 

of the normal work reporting location; 

‘‘(B) the driver returns to the work reporting location 

and is released from work within 14 consecutive hours; 

‘‘(C) the driver has at least 10 consecutive hours off 

duty following each 14 hours on duty; 

‘‘(D) the driver does not exceed 11 hours maximum 

driving time following 10 consecutive hours off duty; and 

‘‘(E) the motor carrier that employs the driver maintains and retains for a period of 6 months accurate and 

true time records that show— 

‘‘(i) the time the driver reports for duty each day; 

‘‘(ii) the total number of hours the driver is on 

duty each day; 

‘‘(iii) the time the driver is released from duty 

each day; and 

‘‘(iv) the total time for the preceding driving week 

the driver is used for the first time or intermittently. 

‘‘(2) DEFINITION.—In this section, the term ‘driver of a 

ready mixed concrete delivery vehicle’ means a driver of a 

vehicle designed to deliver ready mixed concrete on a daily 

basis and is equipped with a mechanism under which the 

vehicle’s propulsion engine provides the power to operate a 

mixer drum to agitate and mix the product en route to the 

delivery site.’’. 

SEC. 5522. TRANSPORTATION OF CONSTRUCTION MATERIALS AND 

EQUIPMENT. 

Section 229(e)(4) of the Motor Carrier Safety Improvement Act 

of 1999 (49 U.S.C. 31136 note) is amended— 

(1) by striking ‘‘50 air mile radius’’ and inserting ‘‘75 air 

mile radius’’; and 

(2) by striking ‘‘the driver.’’ and inserting ‘‘the driver, except 

that a State, upon notice to the Secretary, may establish a 

different air mile radius limitation for purposes of this paragraph if such limitation is between 50 and 75 air miles and 

applies only to movements that take place entirely within the 

State.’’. 

SEC. 5523. COMMERCIAL DELIVERY OF LIGHT- AND MEDIUM-DUTY 

TRAILERS. 

(a) DEFINITIONS.—Section 31111(a) of title 49, United States 

Code, is amended by adding at the end the following: 

‘‘(6) TRAILER TRANSPORTER TOWING UNIT.—The term ‘trailer 

transporter towing unit’ means a power unit that is not used 

to carry property when operating in a towaway trailer transporter combination. 


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129 STAT. 1560 PUBLIC LAW 114–94—DEC. 4, 2015 

‘‘(7) TOWAWAY TRAILER TRANSPORTER COMBINATION.—The 

term ‘towaway trailer transporter combination’ means a combination of vehicles consisting of a trailer transporter towing 

unit and 2 trailers or semitrailers— 

‘‘(A) with a total weight that does not exceed 26,000 

pounds; and 

‘‘(B) in which the trailers or semitrailers carry no property and constitute inventory property of a manufacturer, 

distributor, or dealer of such trailers or semitrailers.’’. 

(b) GENERAL LIMITATIONS.—Section 31111(b)(1) of such title 

is amended by adding at the end the following: 

‘‘(H) has the effect of imposing an overall length limitation 

of less than 82 feet on a towaway trailer transporter combination.’’. 

(c) CONFORMING AMENDMENTS.— 

(1) PROPERTY-CARRYING UNIT LIMITATION.—Section 

31112(a)(1) of such title is amended by inserting before the 

period at the end the following: ‘‘, but not including a trailer 

or a semitrailer transported as part of a towaway trailer transporter combination (as defined in section 31111(a))’’. 

(2) ACCESS TO INTERSTATE SYSTEM.—Section 31114(a)(2) 

of such title is amended by inserting ‘‘any towaway trailer 

transporter combination (as defined in section 31111(a)),’’ after 

‘‘passengers,’’. 

SEC. 5524. EXEMPTIONS FROM REQUIREMENTS FOR CERTAIN 

WELDING TRUCKS USED IN PIPELINE INDUSTRY. 

(a) COVERED MOTOR VEHICLE DEFINED.—In this section, the 

term ‘‘covered motor vehicle’’ means a motor vehicle that— 

(1) is traveling in the State in which the vehicle is registered or another State; 

(2) is owned by a welder; 

(3) is a pick-up style truck; 

(4) is equipped with a welding rig that is used in the 

construction or maintenance of pipelines; and 

(5) has a gross vehicle weight and combination weight 

rating and weight of 15,000 pounds or less. 

(b) FEDERAL REQUIREMENTS.—A covered motor vehicle, 

including the individual operating such vehicle and the employer 

of such individual, shall be exempt from the following: 

(1) Any requirement relating to registration as a motor 

carrier, including the requirement to obtain and display a 

Department of Transportation number, established under chapters 139 and 311 of title 49, United States Code. 

(2) Any requirement relating to driver qualifications established under chapter 311 of title 49, United States Code. 

(3) Any requirement relating to driving of commercial motor 

vehicles established under chapter 311 of title 49, United States 

Code. 

(4) Any requirement relating to parts and accessories and 

inspection, repair, and maintenance of commercial motor 

vehicles established under chapter 311 of title 49, United States 

Code. 

(5) Any requirement relating to hours of service of drivers, 

including maximum driving and on duty time, established 

under chapter 315 of title 49, United States Code. 

49 USC 31136 

note. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1561 

SEC. 5525. REPORT. 

(a) IN GENERAL.—Not later than 4 years after the date of 

enactment of this Act, the Secretary shall submit to the Committee 

on Commerce, Science, and Transportation of the Senate and the 

Committee on Transportation and Infrastructure of the House of 

Representatives a report describing the safety and enforcement 

impacts of sections 5520, 5521, 5522, 5523, 5524, and 7208 of 

this Act. 

(b) CONSULTATION.—In preparing the report required under 

subsection (a), the Secretary shall consult with States, State law 

enforcement agencies, entities impacted by the sections described 

in subsection (a), and other entities the Secretary considers appropriate. 

TITLE VI—INNOVATION 

SEC. 6001. SHORT TITLE. 

This title may be cited as the ‘‘Transportation for Tomorrow 

Act of 2015’’. 

SEC. 6002. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—The following amounts are authorized to 

be appropriated out of the Highway Trust Fund (other than the 

Mass Transit Account): 

(1) HIGHWAY RESEARCH AND DEVELOPMENT PROGRAM.—To 

carry out section 503(b) of title 23, United States Code, 

$125,000,000 for each of fiscal years 2016 through 2020. 

(2) TECHNOLOGY AND INNOVATION DEPLOYMENT PROGRAM.— 

To carry out section 503(c) of title 23, United States Code— 

(A) $67,000,000 for fiscal year 2016; 

(B) $67,500,000 for fiscal year 2017; 

(C) $67,500,000 for fiscal year 2018; 

(D) $67,500,000 for fiscal year 2019; and 

(E) $67,500,000 for fiscal year 2020. 

(3) TRAINING AND EDUCATION.—To carry out section 504 

of title 23, United States Code, $24,000,000 for each of fiscal 

years 2016 through 2020. 

(4) INTELLIGENT TRANSPORTATION SYSTEMS PROGRAM.—To 

carry out sections 512 through 518 of title 23, United States 

Code, $100,000,000 for each of fiscal years 2016 through 2020. 

(5) UNIVERSITY TRANSPORTATION CENTERS PROGRAM.—To 

carry out section 5505 of title 49, United States Code— 

(A) $72,500,000 for fiscal year 2016; 

(B) $75,000,000 for fiscal year 2017; 

(C) $75,000,000 for fiscal year 2018; 

(D) $77,500,000 for fiscal year 2019; and 

(E) $77,500,000 for fiscal year 2020. 

(6) BUREAU OF TRANSPORTATION STATISTICS.—To carry out 

chapter 63 of title 49, United States Code, $26,000,000 for 

each of fiscal years 2016 through 2020. 

(b) ADMINISTRATION.—The Federal Highway Administration 

shall— 

(1) administer the programs described in paragraphs (1), 

(2), and (3) of subsection (a); and 

(2) in consultation with relevant modal administrations, 

administer the programs described in subsection (a)(4). 

23 USC 501 note. 

23 USC 101 note. 

Transportation 

for Tomorrow Act 

of 2015. 


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129 STAT. 1562 PUBLIC LAW 114–94—DEC. 4, 2015 

(c) APPLICABILITY OF TITLE 23, UNITED STATES CODE.—Funds 

authorized to be appropriated by subsection (a) shall— 

(1) be available for obligation in the same manner as if 

those funds were apportioned under chapter 1 of title 23, United 

States Code, except that the Federal share of the cost of a 

project or activity carried out using those funds shall be 80 

percent, unless otherwise expressly provided by this Act 

(including the amendments by this Act) or otherwise determined by the Secretary; and 

(2) remain available until expended and not be transferable, 

except as otherwise provided in this Act. 

SEC. 6003. TECHNOLOGY AND INNOVATION DEPLOYMENT PROGRAM. 

Section 503(c)(3) of title 23, United States Code, is amended— 

(1) in subparagraph (C) by striking ‘‘2013 through 2014’’ 

and inserting ‘‘2016 through 2020’’; and 

(2) by adding at the end the following: 

‘‘(D) PUBLICATION.— ‘‘(i) IN GENERAL.—Not less frequently than 

annually, the Secretary shall issue and make available 

to the public on an Internet website a report on the 

cost and benefits from deployment of new technology 

and innovations that substantially and directly 

resulted from the program established under this paragraph. 

‘‘(ii) INCLUSIONS.—The report under clause (i) may 

include an analysis of— 

‘‘(I) Federal, State, and local cost savings; 

‘‘(II) project delivery time improvements; 

‘‘(III) reduced fatalities; and 

‘‘(IV) congestion impacts.’’. 

SEC. 6004. ADVANCED TRANSPORTATION AND CONGESTION MANAGEMENT TECHNOLOGIES DEPLOYMENT. 

Section 503(c) of title 23, United States Code, is amended 

by adding at the end the following: 

‘‘(4) ADVANCED TRANSPORTATION TECHNOLOGIES DEPLOY- MENT.— ‘‘(A) IN GENERAL.—Not later than 6 months after the 

date of enactment of this paragraph, the Secretary shall 

establish an advanced transportation and congestion 

management technologies deployment initiative to provide 

grants to eligible entities to develop model deployment 

sites for large scale installation and operation of advanced 

transportation technologies to improve safety, efficiency, 

system performance, and infrastructure return on investment. 

‘‘(B) CRITERIA.—The Secretary shall develop criteria 

for selection of an eligible entity to receive a grant under 

this paragraph, including how the deployment of technology 

will— 

‘‘(i) reduce costs and improve return on investments, including through the enhanced use of existing 

transportation capacity; 

‘‘(ii) deliver environmental benefits that alleviate 

congestion and streamline traffic flow; 

‘‘(iii) measure and improve the operational 

performance of the applicable transportation network; 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1563 

‘‘(iv) reduce the number and severity of traffic 

crashes and increase driver, passenger, and pedestrian 

safety; 

‘‘(v) collect, disseminate, and use real-time traffic, 

transit, parking, and other transportation-related 

information to improve mobility, reduce congestion, 

and provide for more efficient and accessible transportation; 

‘‘(vi) monitor transportation assets to improve 

infrastructure management, reduce maintenance costs, 

prioritize investment decisions, and ensure a state of 

good repair; 

‘‘(vii) deliver economic benefits by reducing delays, 

improving system performance, and providing for the 

efficient and reliable movement of goods and services; 

or 

‘‘(viii) accelerate the deployment of vehicle-tovehicle, vehicle-to-infrastructure, autonomous vehicles, 

and other technologies. 

‘‘(C) APPLICATIONS.— 

‘‘(i) REQUEST.—Not later than 6 months after the 

date of enactment of this paragraph, and for every 

fiscal year thereafter, the Secretary shall request 

applications in accordance with clause (ii). 

‘‘(ii) CONTENTS.—An application submitted under 

this subparagraph shall include the following: 

‘‘(I) PLAN.—A plan to deploy and provide for 

the long-term operation and maintenance of 

advanced transportation and congestion management technologies to improve safety, efficiency, 

system performance, and return on investment. 

‘‘(II) OBJECTIVES.—Quantifiable system 

performance improvements, such as— 

‘‘(aa) reducing traffic-related crashes, 

congestion, and costs; 

‘‘(bb) optimizing system efficiency; and 

‘‘(cc) improving access to transportation 

services. 

‘‘(III) RESULTS.—Quantifiable safety, mobility, 

and environmental benefit projections such as 

data-driven estimates of how the project will 

improve the region’s transportation system efficiency and reduce traffic congestion. 

‘‘(IV) PARTNERSHIPS.—A plan for partnering 

with the private sector or public agencies, 

including multimodal and multijurisdictional entities, research institutions, organizations representing transportation and technology leaders, 

or other transportation stakeholders. 

‘‘(V) LEVERAGING.—A plan to leverage and 

optimize existing local and regional advanced 

transportation technology investments. 

‘‘(D) GRANT SELECTION.— 

‘‘(i) GRANT AWARDS.—Not later than 1 year after 

the date of enactment of this paragraph, and for every 

fiscal year thereafter, the Secretary shall award grants 


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129 STAT. 1564 PUBLIC LAW 114–94—DEC. 4, 2015 

to not less than 5 and not more than 10 eligible entities. 

‘‘(ii) GEOGRAPHIC DIVERSITY.—In awarding a grant 

under this paragraph, the Secretary shall ensure, to 

the extent practicable, that grant recipients represent 

diverse geographic areas of the United States, 

including urban and rural areas. 

‘‘(iii) TECHNOLOGY DIVERSITY.—In awarding a 

grant under this paragraph, the Secretary shall ensure, 

to the extent practicable, that grant recipients represent diverse technology solutions. 

‘‘(E) USE OF GRANT FUNDS.—A grant recipient may 

use funds awarded under this paragraph to deploy 

advanced transportation and congestion management technologies, including— 

‘‘(i) advanced traveler information systems; 

‘‘(ii) advanced transportation management technologies; 

‘‘(iii) infrastructure maintenance, monitoring, and 

condition assessment; 

‘‘(iv) advanced public transportation systems; 

‘‘(v) transportation system performance data collection, analysis, and dissemination systems; 

‘‘(vi) advanced safety systems, including vehicleto-vehicle and vehicle-to-infrastructure communications, technologies associated with autonomous 

vehicles, and other collision avoidance technologies, 

including systems using cellular technology; 

‘‘(vii) integration of intelligent transportation systems with the Smart Grid and other energy distribution and charging systems; 

‘‘(viii) electronic pricing and payment systems; or 

‘‘(ix) advanced mobility and access technologies, 

such as dynamic ridesharing and information systems 

to support human services for elderly and disabled 

individuals. 

‘‘(F) REPORT TO SECRETARY.—For each eligible entity 

that receives a grant under this paragraph, not later than 

1 year after the entity receives the grant, and each year 

thereafter, the entity shall submit a report to the Secretary 

that describes— 

‘‘(i) deployment and operational costs of the project 

compared to the benefits and savings the project provides; and 

‘‘(ii) how the project has met the original expectations projected in the deployment plan submitted with 

the application, such as— 

‘‘(I) data on how the project has helped reduce 

traffic crashes, congestion, costs, and other benefits 

of the deployed systems; 

‘‘(II) data on the effect of measuring and 

improving transportation system performance 

through the deployment of advanced technologies; 

‘‘(III) the effectiveness of providing real-time 

integrated traffic, transit, and multimodal 

transportation information to the public to make 

informed travel decisions; and 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1565 

‘‘(IV) lessons learned and recommendations for 

future deployment strategies to optimize transportation efficiency and multimodal system performance. 

‘‘(G) REPORT.—Not later than 3 years after the date 

that the first grant is awarded under this paragraph, and 

each year thereafter, the Secretary shall make available 

to the public on an Internet website a report that describes 

the effectiveness of grant recipients in meeting their projected deployment plans, including data provided under 

subparagraph (F) on how the program has— 

‘‘(i) reduced traffic-related fatalities and injuries; 

‘‘(ii) reduced traffic congestion and improved travel 

time reliability; 

‘‘(iii) reduced transportation-related emissions; 

‘‘(iv) optimized multimodal system performance; 

‘‘(v) improved access to transportation alternatives; 

‘‘(vi) provided the public with access to real-time 

integrated traffic, transit, and multimodal transportation information to make informed travel decisions; 

‘‘(vii) provided cost savings to transportation agencies, businesses, and the traveling public; or 

‘‘(viii) provided other benefits to transportation 

users and the general public. 

‘‘(H) ADDITIONAL GRANTS.—The Secretary may cease 

to provide additional grant funds to a recipient of a grant 

under this paragraph if— 

‘‘(i) the Secretary determines from such recipient’s 

report that the recipient is not carrying out the requirements of the grant; and 

‘‘(ii) the Secretary provides written notice 60 days 

prior to withholding funds to the Committees on 

Transportation and Infrastructure and Science, Space, 

and Technology of the House of Representatives and 

the Committees on Environment and Public Works 

and Commerce, Science, and Transportation of the 

Senate. 

‘‘(I) FUNDING.— 

‘‘(i) IN GENERAL.—From funds made available to 

carry out subsection (b), this subsection, and sections 

512 through 518, the Secretary shall set aside for 

grants awarded under subparagraph (D) $60,000,000 

for each of fiscal years 2016 through 2020. 

‘‘(ii) EXPENSES FOR THE SECRETARY.—Of the 

amounts set aside under clause (i), the Secretary may 

set aside $2,000,000 each fiscal year for program 

reporting, evaluation, and administrative costs related 

to this paragraph. 

‘‘(J) FEDERAL SHARE.—The Federal share of the cost 

of a project for which a grant is awarded under this subsection shall not exceed 50 percent of the cost of the project. 

‘‘(K) GRANT LIMITATION.—The Secretary may not award 

more than 20 percent of the amount described under 

subparagraph (I) in a fiscal year to a single grant recipient. 

‘‘(L) EXPENSES FOR GRANT RECIPIENTS.—A grant 

recipient under this paragraph may use not more than 


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129 STAT. 1566 PUBLIC LAW 114–94—DEC. 4, 2015 

5 percent of the funds awarded each fiscal year to carry 

out planning and reporting requirements. 

‘‘(M) GRANT FLEXIBILITY.— 

‘‘(i) IN GENERAL.—If, by August 1 of each fiscal 

year, the Secretary determines that there are not 

enough grant applications that meet the requirements 

described in subparagraph (C) to carry out this section 

for a fiscal year, the Secretary shall transfer to the 

programs specified in clause (ii)— 

‘‘(I) any of the funds reserved for the fiscal 

year under subparagraph (I) that the Secretary 

has not yet awarded under this paragraph; and 

‘‘(II) an amount of obligation limitation equal 

to the amount of funds that the Secretary transfers 

under subclause (I). 

‘‘(ii) PROGRAMS.—The programs referred to in 

clause (i) are— 

‘‘(I) the program under subsection (b); 

‘‘(II) the program under this subsection; and 

‘‘(III) the programs under sections 512 through 

518. 

‘‘(iii) DISTRIBUTION.—Any transfer of funds and 

obligation limitation under clause (i) shall be divided 

among the programs referred to in that clause in the 

same proportions as the Secretary originally reserved 

funding from the programs for the fiscal year under 

subparagraph (I). 

‘‘(N) DEFINITIONS.—In this paragraph, the following 

definitions apply: 

‘‘(i) ELIGIBLE ENTITY.—The term ‘eligible entity’ 

means a State or local government, a transit agency, 

metropolitan planning organization representing a 

population of over 200,000, or other political subdivision of a State or local government or a multijurisdictional group or a consortia of research institutions 

or academic institutions. 

‘‘(ii) ADVANCED AND CONGESTION MANAGEMENT

TRANSPORTATION TECHNOLOGIES.—The term ‘advanced 

transportation and congestion management technologies’ means technologies that improve the efficiency, safety, or state of good repair of surface 

transportation systems, including intelligent transportation systems. 

‘‘(iii) MULTIJURISDICTIONAL GROUP.—The term 

‘multijurisdictional group’ means a any combination 

of State governments, local governments, metropolitan 

planning agencies, transit agencies, or other political 

subdivisions of a State for which each member of the 

group— 

‘‘(I) has signed a written agreement to implement the advanced transportation technologies 

deployment initiative across jurisdictional boundaries; and 

‘‘(II) is an eligible entity under this paragraph.’’. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1567 

SEC. 6005. INTELLIGENT TRANSPORTATION SYSTEM GOALS. 

Section 514(a) of title 23, United States Code, is amended— 

(1) in paragraph (4) by striking ‘‘and’’ at the end; 

(2) in paragraph (5) by striking the period at the end 

and inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(6) enhancement of the national freight system and support to national freight policy goals.’’. 

SEC. 6006. INTELLIGENT TRANSPORTATION SYSTEM PURPOSES. 

Section 514(b) of title 23, United States Code, is amended— 

(1) in paragraph (8) by striking ‘‘and’’ at the end; 

(2) in paragraph (9) by striking the period at the end 

and inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(10) to assist in the development of cybersecurity research 

in cooperation with relevant modal administrations of the 

Department of Transportation and other Federal agencies to 

help prevent hacking, spoofing, and disruption of connected 

and automated transportation vehicles.’’. 

SEC. 6007. INTELLIGENT TRANSPORTATION SYSTEM PROGRAM 

REPORT. 

Section 515(h)(4) of title 23, United States Code, is amended 

in the matter preceding subparagraph (A)— 

(1) by striking ‘‘February 1 of each year after the date 

of enactment of the Transportation Research and Innovative 

Technology Act of 2012’’ and inserting ‘‘May 1 of each year’’; 

and 

(2) by striking ‘‘submit to Congress’’ and inserting ‘‘make 

available to the public on a Department of Transportation 

website’’. 

SEC. 6008. INTELLIGENT TRANSPORTATION SYSTEM NATIONAL 

ARCHITECTURE AND STANDARDS. 

Section 517(a)(3) of title 23, United States Code, is amended 

by striking ‘‘memberships are comprised of, and represent,’’ and 

inserting ‘‘memberships include representatives of’’. 

SEC. 6009. COMMUNICATION SYSTEMS DEPLOYMENT REPORT. 

Section 518(a) of title 23, United States Code, is amended 

in the matter preceding paragraph (1) by striking ‘‘Not later than 

3’’ and all that follows through ‘‘House of Representatives’’ and 

inserting ‘‘Not later than July 6, 2016, the Secretary shall make 

available to the public on a Department of Transportation website 

a report’’. 

SEC. 6010. INFRASTRUCTURE DEVELOPMENT. 

(a) IN GENERAL.—Chapter 5 of title 23, United States Code, 

is amended by adding at the end the following: 

‘‘§ 519. Infrastructure development 

‘‘Funds made available to carry out this chapter for operational 

tests of intelligent transportation systems— 

‘‘(1) shall be used primarily for the development of intelligent transportation system infrastructure, equipment, and 

systems; and 

23 USC 519 note. 


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129 STAT. 1568 PUBLIC LAW 114–94—DEC. 4, 2015 

‘‘(2) to the maximum extent practicable, shall not be used 

for the construction of physical surface transportation infrastructure unless the construction is incidental and critically 

necessary to the implementation of an intelligent transportation 

system project.’’. 

(b) TECHNICAL AND CONFORMING AMENDMENTS.— (1) CLERICAL AMENDMENT.—The analysis for chapter 5 of 

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

end the following: 

‘‘519. Infrastructure development.’’. 

(2) TECHNICAL AMENDMENT.—The item relating to section 

512 in the analysis for chapter 5 of title 23, United States 

Code, is amended to read as follows: 

‘‘512. National ITS program plan.’’. 

SEC. 6011. DEPARTMENTAL RESEARCH PROGRAMS. 

(a) ASSISTANT SECRETARY FOR RESEARCH AND TECHNOLOGY.— Section 102(e)(1) of title 49, United States Code, is amended— 

(1) in the matter preceding subparagraph (A) by striking 

‘‘5’’ and inserting ‘‘6’’; and 

(2) in subparagraph (A) by inserting ‘‘an Assistant Secretary for Research and Technology,’’ after ‘‘Governmental 

Affairs,’’. 

(b) RESEARCH ACTIVITIES.—Section 330 of title 49, United States 

Code, is amended— 

(1) in the section heading by striking ‘‘contracts’’ and 

inserting ‘‘activities’’; 

(2) in subsection (a) by striking ‘‘The Secretary of’’ and 

inserting ‘‘IN GENERAL.—The Secretary of’’; 

(3) in subsection (b) by striking ‘‘In carrying’’ and inserting 

‘‘RESPONSIBILITIES.—In carrying’’; 

(4) in subsection (c) by striking ‘‘The Secretary’’ and 

inserting ‘‘PUBLICATIONS.—The Secretary’’; and 

(5) by adding at the end the following: 

‘‘(d) DUTIES.—The Secretary shall provide for the following: 

‘‘(1) Coordination, facilitation, and review of Department 

of Transportation research and development programs and 

activities. 

‘‘(2) Advancement, and research and development, of 

innovative technologies, including intelligent transportation 

systems. 

‘‘(3) Comprehensive transportation statistics research, analysis, and reporting. 

‘‘(4) Education and training in transportation and transportation-related fields. 

‘‘(5) Activities of the Volpe National Transportation Systems Center. 

‘‘(6) Coordination in support of multimodal and multidisciplinary research activities. 

‘‘(e) ADDITIONAL AUTHORITIES.—The Secretary may— 

‘‘(1) enter into grants and cooperative agreements with 

Federal agencies, State and local government agencies, other 

public entities, private organizations, and other persons to conduct research into transportation service and infrastructure 

assurance and to carry out other research activities of the 

Department of Transportation; 

23 USC 

prec. 501. 


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‘‘(2) carry out, on a cost-shared basis, collaborative research 

and development to encourage innovative solutions to 

multimodal transportation problems and stimulate the deployment of new technology with— 

‘‘(A) non-Federal entities, including State and local 

governments, foreign governments, institutions of higher 

education, corporations, institutions, partnerships, sole 

proprietorships, and trade associations that are incorporated or established under the laws of any State; 

‘‘(B) Federal laboratories; and 

‘‘(C) other Federal agencies; and 

‘‘(3) directly initiate contracts, grants, cooperative research 

and development agreements (as defined in section 12(d) of 

the Stevenson-Wydler Technology Innovation Act of 1980 (15 

U.S.C. 3710a(d))), and other agreements to fund, and accept 

funds from, the Transportation Research Board of the National 

Academies, State departments of transportation, cities, counties, institutions of higher education, associations, and the 

agents of those entities to carry out joint transportation 

research and technology efforts. 

‘‘(f) FEDERAL SHARE.— 

‘‘(1) IN GENERAL.—Subject to paragraph (2), the Federal 

share of the cost of an activity carried out under subsection 

(e)(3) shall not exceed 50 percent. 

‘‘(2) EXCEPTION.—If the Secretary determines that the 

activity is of substantial public interest or benefit, the Secretary 

may approve a greater Federal share. 

‘‘(3) NON-FEDERAL SHARE.—All costs directly incurred by 

the non-Federal partners, including personnel, travel, facility, 

and hardware development costs, shall be credited toward the 

non-Federal share of the cost of an activity described in subsection (e)(3). 

‘‘(g) PROGRAM EVALUATION AND OVERSIGHT.—For each of fiscal 

years 2016 through 2020, the Secretary is authorized to expend 

not more than 1 1⁄2 percent of the amounts authorized to be appropriated for the coordination, evaluation, and oversight of the programs administered by the Office of the Assistant Secretary for 

Research and Technology. 

‘‘(h) USE OF TECHNOLOGY.—The research, development, or use 

of a technology under a contract, grant, cooperative research and 

development agreement, or other agreement entered into under 

this section, including the terms under which the technology may 

be licensed and the resulting royalties may be distributed, shall 

be subject to the Stevenson-Wydler Technology Innovation Act of 

1980 (15 U.S.C. 3701 et seq.). 

‘‘(i) WAIVER OF ADVERTISING REQUIREMENTS.—Section 6101 of 

title 41 shall not apply to a contract, grant, or other agreement 

entered into under this section.’’. 

(c) CLERICAL AMENDMENT.—The item relating to section 330 

in the analysis of chapter 3 of title 49, United States Code, is 

amended to read as follows: 

‘‘330. Research activities.’’. 

(d) TECHNICAL AND CONFORMING AMENDMENTS.— 

(1) TITLE 5 AMENDMENTS.— 

49 USC 

prec. 301. 


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129 STAT. 1570 PUBLIC LAW 114–94—DEC. 4, 2015 

(A) POSITIONS AT LEVEL II.—Section 5313 of title 5, 

United States Code, is amended by striking ‘‘The Under 

Secretary of Transportation for Security.’’. 

(B) POSITIONS AT LEVEL IV.—Section 5315 of title 5, 

United States Code, is amended in the undesignated item 

relating to Assistant Secretaries of Transportation by 

striking ‘‘(4)’’ and inserting ‘‘(5)’’. 

(C) POSITIONS AT LEVEL V.—Section 5316 of title 5, 

United States Code, is amended by striking ‘‘Associate 

Deputy Secretary, Department of Transportation.’’. 

(2) BUREAU OF TRANSPORTATION STATISTICS.—Section 6302 

of title 49, United States Code, is amended by striking subsection (a) and inserting the following: 

‘‘(a) IN GENERAL.—There shall be within the Department of 

Transportation the Bureau of Transportation Statistics.’’. 

SEC. 6012. RESEARCH AND INNOVATIVE TECHNOLOGY ADMINISTRATION. 

(a) REPEAL.—Section 112 of title 49, United States Code, is 

repealed. 

(b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title 

49, United States Code, is amended by striking the item relating 

to section 112. 

SEC. 6013. WEB-BASED TRAINING FOR EMERGENCY RESPONDERS. 

Section 5115(a) of title 49, United States Code, is amended 

in the first sentence by inserting ‘‘, including online curriculum 

as appropriate,’’ after ‘‘a current curriculum of courses’’. 

SEC. 6014. HAZARDOUS MATERIALS RESEARCH AND DEVELOPMENT. 

Section 5118 of title 49, United States Code, is amended— 

(1) in subsection (a)(2)— 

(A) in subparagraph (A) by striking ‘‘and’’ at the end; 

(B) in subparagraph (B) by striking the period at the 

end and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(C) coordinate, as appropriate, with other Federal 

agencies.’’; and 

(2) by adding at the end the following: 

‘‘(c) COOPERATIVE RESEARCH.— 

‘‘(1) IN GENERAL.—As part of the program established under 

subsection (a), the Secretary may carry out cooperative research 

on hazardous materials transport. 

‘‘(2) NATIONAL ACADEMIES.—The Secretary may enter into 

an agreement with the National Academies to support research 

described in paragraph (1). 

‘‘(3) RESEARCH.—Research conducted under this subsection 

may include activities relating to— 

‘‘(A) emergency planning and response, including 

information and programs that can be readily assessed 

and implemented in local jurisdictions; 

‘‘(B) risk analysis and perception and data assessment; 

‘‘(C) commodity flow data, including voluntary 

collaboration between shippers and first responders for 

secure data exchange of critical information; 

‘‘(D) integration of safety and security; 

‘‘(E) cargo packaging and handling; 

‘‘(F) hazmat release consequences; and 

49 USC 

prec. 101. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1571 

‘‘(G) materials and equipment testing.’’. 

SEC. 6015. OFFICE OF INTERMODALISM. 

(a) REPEAL.—Section 5503 of title 49, United States Code, is 

repealed. 

(b) CLERICAL AMENDMENT.—The analysis for chapter 55 of title 

49, United States Code, is amended by striking the item relating 

to section 5503. 

SEC. 6016. UNIVERSITY TRANSPORTATION CENTERS. 

Section 5505 of title 49, United States Code, is amended to 

read as follows: 

‘‘§ 5505. University transportation centers program 

‘‘(a) UNIVERSITY TRANSPORTATION CENTERS PROGRAM.— ‘‘(1) ESTABLISHMENT AND OPERATION.—The Secretary shall 

make grants under this section to eligible nonprofit institutions 

of higher education to establish and operate university 

transportation centers. 

‘‘(2) ROLE OF CENTERS.—The role of each university 

transportation center referred to in paragraph (1) shall be— 

‘‘(A) to advance transportation expertise and technology 

in the varied disciplines that comprise the field of transportation through education, research, and technology transfer 

activities; 

‘‘(B) to provide for a critical transportation knowledge 

base outside of the Department of Transportation; and 

‘‘(C) to address critical workforce needs and educate 

the next generation of transportation leaders. 

‘‘(b) COMPETITIVE SELECTION PROCESS.— ‘‘(1) APPLICATIONS.—To receive a grant under this section, 

a consortium of nonprofit institutions of higher education shall 

submit to the Secretary an application that is in such form 

and contains such information as the Secretary may require. 

‘‘(2) RESTRICTION.— ‘‘(A) LIMITATION.—A lead institution of a consortium 

of nonprofit institutions of higher education, as applicable, 

may only receive 1 grant per fiscal year for each of the 

transportation centers described under paragraphs (2), (3), 

and (4) of subsection (c). 

‘‘(B) EXCEPTION FOR CONSORTIUM MEMBERS THAT ARE

NOT LEAD INSTITUTIONS.—Subparagraph (A) shall not apply 

to a nonprofit institution of higher education that is a 

member of a consortium of nonprofit institutions of higher 

education but not the lead institution of such consortium. 

‘‘(3) COORDINATION.—The Secretary shall solicit grant 

applications for national transportation centers, regional 

transportation centers, and Tier 1 university transportation 

centers with identical advertisement schedules and deadlines. 

‘‘(4) GENERAL SELECTION CRITERIA.— 

‘‘(A) IN GENERAL.—Except as otherwise provided by 

this section, the Secretary shall award grants under this 

section in nonexclusive candidate topic areas established 

by the Secretary that address the research priorities identified in chapter 65. 

‘‘(B) CRITERIA.—The Secretary, in consultation with 

the Assistant Secretary for Research and Technology and 

the Administrator of the Federal Highway Administration 

49 USC 

prec. 5501. 


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129 STAT. 1572 PUBLIC LAW 114–94—DEC. 4, 2015 

and other modal administrations as appropriate, shall 

select each recipient of a grant under this section through 

a competitive process based on the assessment of the Secretary relating to— 

‘‘(i) the demonstrated ability of the recipient to 

address each specific topic area described in the 

research and strategic plans of the recipient; 

‘‘(ii) the demonstrated research, technology 

transfer, and education resources available to the 

recipient to carry out this section; 

‘‘(iii) the ability of the recipient to provide leadership in solving immediate and long-range national and 

regional transportation problems; 

‘‘(iv) the ability of the recipient to carry out 

research, education, and technology transfer activities 

that are multimodal and multidisciplinary in scope; 

‘‘(v) the demonstrated commitment of the recipient 

to carry out transportation workforce development programs through— 

‘‘(I) degree-granting programs or programs 

that provide other industry-recognized credentials; 

and 

‘‘(II) outreach activities to attract new entrants 

into the transportation field, including women and 

underrepresented populations; 

‘‘(vi) the demonstrated ability of the recipient to 

disseminate results and spur the implementation of 

transportation research and education programs 

through national or statewide continuing education 

programs; 

‘‘(vii) the demonstrated commitment of the 

recipient to the use of peer review principles and other 

research best practices in the selection, management, 

and dissemination of research projects; 

‘‘(viii) the strategic plan submitted by the recipient 

describing the proposed research to be carried out by 

the recipient and the performance metrics to be used 

in assessing the performance of the recipient in 

meeting the stated research, technology transfer, education, and outreach goals; and 

‘‘(ix) the ability of the recipient to implement the 

proposed program in a cost-efficient manner, such as 

through cost sharing and overall reduced overhead, 

facilities, and administrative costs. 

‘‘(5) TRANSPARENCY.— 

‘‘(A) IN GENERAL.—The Secretary shall provide to each 

applicant, upon request, any materials, including copies 

of reviews (with any information that would identify a 

reviewer redacted), used in the evaluation process of the 

proposal of the applicant. 

‘‘(B) REPORTS.—The Secretary shall submit to the 

Committees on Transportation and Infrastructure and 

Science, Space, and Technology of the House of Representatives and the Committee on Environment and Public Works 

of the Senate a report describing the overall review process 

under paragraph (4) that includes— 


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‘‘(i) specific criteria of evaluation used in the 

review; 

‘‘(ii) descriptions of the review process; and 

‘‘(iii) explanations of the selected awards. 

‘‘(6) OUTSIDE STAKEHOLDERS.—The Secretary shall, to the 

maximum extent practicable, consult external stakeholders, 

including the Transportation Research Board of the National 

Research Council of the National Academies, to evaluate and 

competitively review all proposals. 

‘‘(c) GRANTS.— ‘‘(1) IN GENERAL.—Not later than 1 year after the date 

of enactment of this section, the Secretary shall select grant 

recipients under subsection (b) and make grant amounts available to the selected recipients. 

‘‘(2) NATIONAL TRANSPORTATION CENTERS.— ‘‘(A) IN GENERAL.—Subject to subparagraph (B), the 

Secretary shall provide grants to 5 consortia that the Secretary determines best meet the criteria described in subsection (b)(4). 

‘‘(B) RESTRICTIONS.— 

‘‘(i) IN GENERAL.—For each fiscal year, a grant 

made available under this paragraph shall be not 

greater than $4,000,000 and not less than $2,000,000 

per recipient. 

‘‘(ii) FOCUSED RESEARCH.—A consortium receiving 

a grant under this paragraph shall focus research on 

1 of the transportation issue areas specified in section 

6503(c). 

‘‘(C) MATCHING REQUIREMENT.— 

‘‘(i) IN GENERAL.—As a condition of receiving a 

grant under this paragraph, a grant recipient shall 

match 100 percent of the amounts made available 

under the grant. 

‘‘(ii) SOURCES.—The matching amounts referred to 

in clause (i) may include amounts made available to 

the recipient under— 

‘‘(I) section 504(b) of title 23; or 

‘‘(II) section 505 of title 23. 

‘‘(3) REGIONAL UNIVERSITY TRANSPORTATION CENTERS.— 

‘‘(A) LOCATION OF REGIONAL CENTERS.—One regional 

university transportation center shall be located in each 

of the 10 Federal regions that comprise the Standard Federal Regions established by the Office of Management and 

Budget in the document entitled ‘Standard Federal Regions’ 

and dated April 1974 (circular A–105). 

‘‘(B) SELECTION CRITERIA.—In conducting a competition 

under subsection (b), the Secretary shall provide grants 

to 10 consortia on the basis of— 

‘‘(i) the criteria described in subsection (b)(4); 

‘‘(ii) the location of the lead center within the Federal region to be served; and 

‘‘(iii) whether the consortium of institutions demonstrates that the consortium has a well-established, 

nationally recognized program in transportation 

research and education, as evidenced by— 

‘‘(I) recent expenditures by the institution in 

highway or public transportation research; 


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129 STAT. 1574 PUBLIC LAW 114–94—DEC. 4, 2015 

‘‘(II) a historical track record of awarding graduate degrees in professional fields closely related 

to highways and public transportation; and 

‘‘(III) an experienced faculty who specialize in 

professional fields closely related to highways and 

public transportation. 

‘‘(C) RESTRICTIONS.—For each fiscal year, a grant made 

available under this paragraph shall be not greater than 

$3,000,000 and not less than $1,500,000 per recipient. 

‘‘(D) MATCHING REQUIREMENTS.— ‘‘(i) IN GENERAL.—As a condition of receiving a 

grant under this paragraph, a grant recipient shall 

match 100 percent of the amounts made available 

under the grant. 

‘‘(ii) SOURCES.—The matching amounts referred to 

in clause (i) may include amounts made available to 

the recipient under— 

‘‘(I) section 504(b) of title 23; or 

‘‘(II) section 505 of title 23. 

‘‘(E) FOCUSED RESEARCH.—The Secretary shall make 

a grant to 1 of the 10 regional university transportation 

centers established under this paragraph for the purpose 

of furthering the objectives described in subsection (a)(2) 

in the field of comprehensive transportation safety, congestion, connected vehicles, connected infrastructure, and 

autonomous vehicles. 

‘‘(4) TIER 1 UNIVERSITY TRANSPORTATION CENTERS.— 

‘‘(A) IN GENERAL.—The Secretary shall provide grants 

of not greater than $2,000,000 and not less than $1,000,000 

to not more than 20 recipients to carry out this paragraph. 

‘‘(B) MATCHING REQUIREMENT.— 

‘‘(i) IN GENERAL.—As a condition of receiving a 

grant under this paragraph, a grant recipient shall 

match 50 percent of the amounts made available under 

the grant. 

‘‘(ii) SOURCES.—The matching amounts referred to 

in clause (i) may include amounts made available to 

the recipient under— 

‘‘(I) section 504(b) of title 23; or 

‘‘(II) section 505 of title 23. 

‘‘(C) FOCUSED RESEARCH.—In awarding grants under 

this section, consideration shall be given to minority 

institutions, as defined by section 365 of the Higher Education Act of 1965 (20 U.S.C. 1067k), or consortia that 

include such institutions that have demonstrated an ability 

in transportation-related research. 

‘‘(d) PROGRAM COORDINATION.— 

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

‘‘(A) coordinate the research, education, and technology 

transfer activities carried out by grant recipients under 

this section; and 

‘‘(B) disseminate the results of that research through 

the establishment and operation of a publicly accessible 

online information clearinghouse. 

‘‘(2) ANNUAL REVIEW AND EVALUATION.—Not less frequently 

than annually, and consistent with the plan developed under 

section 6503, the Secretary shall— 


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‘‘(A) review and evaluate the programs carried out 

under this section by grant recipients; and 

‘‘(B) submit to the Committees on Transportation and 

Infrastructure and Science, Space, and Technology of the 

House of Representatives and the Committees on Environment and Public Works and Commerce, Science, and 

Transportation of the Senate a report describing that 

review and evaluation. 

‘‘(3) PROGRAM EVALUATION AND OVERSIGHT.—For each of 

fiscal years 2016 through 2020, the Secretary shall expend 

not more than 1 and a half percent of the amounts made 

available to the Secretary to carry out this section for any 

coordination, evaluation, and oversight activities of the Secretary under this section. 

‘‘(e) LIMITATION ON AVAILABILITY OF AMOUNTS.—Amounts made 

available to the Secretary to carry out this section shall remain 

available for obligation by the Secretary for a period of 3 years 

after the last day of the fiscal year for which the amounts are 

authorized. 

‘‘(f) INFORMATION COLLECTION.—Any survey, questionnaire, or 

interview that the Secretary determines to be necessary to carry 

out reporting requirements relating to any program assessment 

or evaluation activity under this section, including customer satisfaction assessments, shall not be subject to chapter 35 of title 

44.’’. 

SEC. 6017. BUREAU OF TRANSPORTATION STATISTICS. 

Section 6302 of title 49, United States Code, is amended by 

adding at the end the following: 

‘‘(d) INDEPENDENCE OF BUREAU.— 

‘‘(1) IN GENERAL.—The Director shall not be required— 

‘‘(A) to obtain the approval of any other officer or 

employee of the Department with respect to the collection 

or analysis of any information; or 

‘‘(B) prior to publication, to obtain the approval of 

any other officer or employee of the United States Government with respect to the substance of any statistical technical reports or press releases lawfully prepared by the 

Director. 

‘‘(2) BUDGET AUTHORITY.—The Director shall have a significant role in the disposition and allocation of the authorized 

budget of the Bureau, including— 

‘‘(A) all hiring, grants, cooperative agreements, and 

contracts awarded by the Bureau to carry out this section; 

and 

‘‘(B) the disposition and allocation of amounts paid 

to the Bureau for cost-reimbursable projects. 

‘‘(3) EXCEPTIONS.—The Secretary shall direct external support functions, such as the coordination of activities involving 

multiple modal administrations. 

‘‘(4) INFORMATION TECHNOLOGY.—The Department Chief 

Information Officer shall consult with the Director to ensure 

decisions related to information technology guarantee the 

protection of the confidentiality of information provided solely 

for statistical purposes, in accordance with the Confidential 

Information Protection and Statistical Efficiency Act of 2002 

(44 U.S.C. 3501 note; Public Law 107–347).’’. 


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129 STAT. 1576 PUBLIC LAW 114–94—DEC. 4, 2015 

SEC. 6018. PORT PERFORMANCE FREIGHT STATISTICS PROGRAM. 

(a) IN GENERAL.—Chapter 63 of title 49, United States Code, 

is amended by adding at the end the following: 

‘‘§ 6314. Port performance freight statistics program 

‘‘(a) IN GENERAL.—The Director shall establish, on behalf of 

the Secretary, a port performance statistics program to provide 

nationally consistent measures of performance of, at a minimum— 

‘‘(1) the Nation’s top 25 ports by tonnage; 

‘‘(2) the Nation’s top 25 ports by 20-foot equivalent unit; 

and 

‘‘(3) the Nation’s top 25 ports by dry bulk. 

‘‘(b) REPORTS.— ‘‘(1) PORT CAPACITY AND THROUGHPUT.—Not later than 

January 15 of each year, the Director shall submit an annual 

report to Congress that includes statistics on capacity and 

throughput at the ports described in subsection (a). 

‘‘(2) PORT PERFORMANCE MEASURES.—The Director shall collect port performance measures for each of the United States 

ports referred to in subsection (a) that— 

‘‘(A) receives Federal assistance; or 

‘‘(B) is subject to Federal regulation to submit necessary information to the Bureau that includes statistics 

on capacity and throughput as applicable to the specific 

configuration of the port. 

‘‘(c) RECOMMENDATIONS.— 

‘‘(1) IN GENERAL.—The Director shall obtain recommendations for— 

‘‘(A) port performance measures, including specifications and data measurements to be used in the program 

established under subsection (a); and 

‘‘(B) a process for the Department to collect timely 

and consistent data, including identifying safeguards to 

protect proprietary information described in subsection 

(b)(2). 

‘‘(2) WORKING GROUP.—Not later than 60 days after the 

date of the enactment of the Transportation for Tomorrow 

Act of 2015, the Director shall commission a working group 

composed of— 

‘‘(A) operating administrations of the Department; 

‘‘(B) the Coast Guard; 

‘‘(C) the Federal Maritime Commission; 

‘‘(D) U.S. Customs and Border Protection; 

‘‘(E) the Marine Transportation System National 

Advisory Council; 

‘‘(F) the Army Corps of Engineers; 

‘‘(G) the Saint Lawrence Seaway Development Corporation; 

‘‘(H) the Bureau of Labor Statistics; 

‘‘(I) the Maritime Advisory Committee for Occupational 

Safety and Health; 

‘‘(J) the Advisory Committee on Supply Chain Competitiveness; 

‘‘(K) 1 representative from the rail industry; 

‘‘(L) 1 representative from the trucking industry; 

‘‘(M) 1 representative from the maritime shipping 

industry; 

49 USC 6314. 


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‘‘(N) 1 representative from a labor organization for 

each industry described in subparagraphs (K) through (M); 

‘‘(O) 1 representative from the International Longshoremen’s Association; 

‘‘(P) 1 representative from the International Longshore 

and Warehouse Union; 

‘‘(Q) 1 representative from a port authority; 

‘‘(R) 1 representative from a terminal operator; 

‘‘(S) representatives of the National Freight Advisory 

Committee of the Department; and 

‘‘(T) representatives of the Transportation Research 

Board of the National Academies of Sciences, Engineering, 

and Medicine. 

‘‘(3) RECOMMENDATIONS.—Not later than 1 year after the 

date of the enactment of the Transportation for Tomorrow 

Act of 2015, the working group commissioned under paragraph 

(2) shall submit its recommendations to the Director. 

‘‘(d) ACCESS TO DATA.—The Director shall ensure that— 

‘‘(1) the statistics compiled under this section— 

‘‘(A) are readily accessible to the public; and 

‘‘(B) are consistent with applicable security constraints 

and confidentiality interests; and 

‘‘(2) the data acquired, regardless of source, shall be protected in accordance with the Confidential Information Protection and Statistical Efficiency Act of 2002 (44 U.S.C. 3501 

note; Public Law 107–347).’’. 

(b) PROHIBITION ON CERTAIN DISCLOSURES; COPIES OF

REPORTS.—Section 6307(b) of such title is amended, by inserting 

‘‘or section 6314(b)’’ after ‘‘section 6302(b)(3)(B)’’ each place it 

appears. 

(c) CLERICAL AMENDMENT.—The table of sections for chapter 

63 of such title is amended by adding at the end the following: 

‘‘6314. Port performance freight statistics program.’’. 

SEC. 6019. RESEARCH PLANNING. 

(a) FINDINGS.—Congress finds that— 

(1) Federal transportation research planning— 

(A) should be coordinated by the Office of the Secretary; 

and 

(B) should be, to the extent practicable, multimodal 

and not occur solely within the sub-agencies of the Department; 

(2) managing a multimodal research portfolio within the 

Office of the Secretary will— 

(A) help identify opportunities in which research could 

be applied across modes; and 

(B) prevent duplication of efforts and waste of limited 

Federal resources; 

(3) the Assistant Secretary for Research and Technology 

at the Department of Transportation will— 

(A) give stakeholders a formal opportunity to address 

concerns; 

(B) ensure unbiased research; and 

(C) improve the overall research products of the 

Department; and 

(4) increasing transparency of transportation research and 

development efforts will— 

49 USC 6501 

note. 

49 USC 

prec. 6301. 


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129 STAT. 1578 PUBLIC LAW 114–94—DEC. 4, 2015 

(A) build stakeholder confidence in the final product; 

and 

(B) lead to the improved implementation of research 

findings. 

(b) RESEARCH PLANNING.— (1) IN GENERAL.—Subtitle III of title 49, United States 

Code, is amended by inserting after chapter 63 the following: 

‘‘CHAPTER 65—RESEARCH PLANNING 

‘‘Sec. 

‘‘6501. Annual modal research plans. 

‘‘6502. Consolidated research database. 

‘‘6503. Transportation research and development 5-year strategic plan. 

‘‘SEC. 6501. ANNUAL MODAL RESEARCH PLANS. 

‘‘(a) MODAL PLANS REQUIRED.— 

‘‘(1) IN GENERAL.—Not later than May 1 of each year, 

the head of each modal administration and joint program office 

of the Department of Transportation shall submit to the Assistant Secretary for Research and Technology of the Department 

of Transportation (referred to in this chapter as the ‘Assistant 

Secretary’) a comprehensive annual modal research plan for 

the upcoming fiscal year and a detailed outlook for the following 

fiscal year. 

‘‘(2) RELATIONSHIP TO STRATEGIC PLAN.—Each plan submitted under paragraph (1), after the plan required in 2016, 

shall be consistent with the strategic plan developed under 

section 6503. 

‘‘(b) REVIEW.— 

‘‘(1) IN GENERAL.—Not later than September 1 of each 

year, the Assistant Secretary, for each plan and outlook submitted pursuant to subsection (a), shall— 

‘‘(A) review the scope of the research; and 

‘‘(B)(i) approve the plan and outlook; or 

‘‘(ii) request that the plan and outlook be revised and 

resubmitted for approval. 

‘‘(2) PUBLICATIONS.—Not later than January 30 of each 

year, the Secretary shall publish on a public website each 

plan and outlook that has been approved under paragraph 

(1)(B)(i). 

‘‘(3) REJECTION OF DUPLICATIVE RESEARCH EFFORTS.—The 

Assistant Secretary may not approve any plan submitted by 

the head of a modal administration or joint program office 

pursuant to subsection (a) if any of the projects described 

in the plan duplicate significant aspects of research efforts 

of any other modal administration. 

‘‘(c) FUNDING LIMITATIONS.—No funds may be expended by 

the Department of Transportation on research that has been determined by the Assistant Secretary under subsection (b)(3) to be 

duplicative unless— 

‘‘(1) the research is required by an Act of Congress; 

‘‘(2) the research was part of a contract that was funded 

before the date of enactment of this chapter; 

‘‘(3) the research updates previously commissioned 

research; or 

49 USC 6501. 

49 USC 

prec. 6501. 


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‘‘(4) the Assistant Secretary certifies to Congress that such 

research is necessary, and provides justification for such certification. 

‘‘(d) CERTIFICATION.— 

‘‘(1) IN GENERAL.—The Secretary shall annually certify to 

Congress that— 

‘‘(A) each modal research plan has been reviewed; and 

‘‘(B) there is no duplication of study for research 

directed, commissioned, or conducted by the Department 

of Transportation. 

‘‘(2) CORRECTIVE ACTION PLAN.—If the Secretary, after 

submitting a certification under paragraph (1), identifies 

duplication of research within the Department of Transportation, the Secretary shall— 

‘‘(A) notify Congress of the duplicative research; and 

‘‘(B) submit to Congress a corrective action plan to 

eliminate the duplicative research. 

‘‘SEC. 6502. CONSOLIDATED RESEARCH DATABASE. 

‘‘(a) RESEARCH ABSTRACT DATABASE.— 

‘‘(1) IN GENERAL.—The Secretary shall annually publish 

on a public website a comprehensive database of all research 

projects conducted by the Department of Transportation, 

including, to the extent practicable, research funded through 

University Transportation Centers. 

‘‘(2) CONTENTS.—The database published under paragraph 

(1) shall, to the extent practicable— 

‘‘(A) include the consolidated modal research plans 

approved under section 6501(b)(1)(B)(i); 

‘‘(B) describe the research objectives, progress, findings, 

and allocated funds for each research project; 

‘‘(C) identify research projects with multimodal applications; 

‘‘(D) specify how relevant modal administrations have 

assisted, will contribute to, or plan to use the findings 

from the research projects identified under paragraph (1); 

‘‘(E) identify areas in which more than 1 modal 

administration is conducting research on a similar subject 

or a subject that has a bearing on more than 1 mode; 

‘‘(F) indicate how the findings of research are being 

disseminated to improve the efficiency, effectiveness, and 

safety of transportation systems; and 

‘‘(G) describe the public and stakeholder input to the 

research plans submitted under section 6501(a)(1). 

‘‘(b) FUNDING REPORT.—In conjunction with each of the annual 

budget requests submitted by the President under section 1105 

of title 31, the Secretary shall annually publish on a public website 

and submit to the appropriate committees of Congress a report 

that describes— 

‘‘(1) the amount spent in the last full fiscal year on 

transportation research and development with specific descriptions of projects funded at $5,000,000 or more; and 

‘‘(2) the amount proposed in the current budget for 

transportation research and development with specific descriptions of projects funded at $5,000,000 or more. 

49 USC 6502. 


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129 STAT. 1580 PUBLIC LAW 114–94—DEC. 4, 2015 

‘‘(c) PERFORMANCE PLANS AND REPORTS.—In the plans and 

reports submitted under sections 1115 and 1116 of title 31, the 

Secretary shall include— 

‘‘(1) a summary of the Federal transportation research and 

development activities for the previous fiscal year in each topic 

area; 

‘‘(2) the amount spent in each topic area; 

‘‘(3) a description of the extent to which the research and 

development is meeting the expectations described in section 

6503(c)(1); and 

‘‘(4) any amendments to the strategic plan developed under 

section 6503. 

‘‘SEC. 6503. TRANSPORTATION RESEARCH AND DEVELOPMENT 5-YEAR 

STRATEGIC PLAN. 

‘‘(a) IN GENERAL.—The Secretary shall develop a 5-year 

transportation research and development strategic plan to guide 

future Federal transportation research and development activities. 

‘‘(b) CONSISTENCY.—The strategic plan developed under subsection (a) shall be consistent with— 

‘‘(1) section 306 of title 5; 

‘‘(2) sections 1115 and 1116 of title 31; and 

‘‘(3) any other research and development plan within the 

Department of Transportation. 

‘‘(c) CONTENTS.—The strategic plan developed under subsection 

(a) shall— 

‘‘(1) describe how the plan furthers the primary purposes 

of the transportation research and development program, which 

shall include— 

‘‘(A) improving mobility of people and goods; 

‘‘(B) reducing congestion; 

‘‘(C) promoting safety; 

‘‘(D) improving the durability and extending the life 

of transportation infrastructure; 

‘‘(E) preserving the environment; and 

‘‘(F) preserving the existing transportation system; 

‘‘(2) for each of the purposes referred to in paragraph 

(1), list the primary proposed research and development activities that the Department of Transportation intends to pursue 

to accomplish that purpose, which may include— 

‘‘(A) fundamental research pertaining to the applied 

physical and natural sciences; 

‘‘(B) applied science and research; 

‘‘(C) technology development research; and 

‘‘(D) social science research; and 

‘‘(3) for each research and development activity— 

‘‘(A) identify the anticipated annual funding levels for 

the period covered by the strategic plan; and 

‘‘(B) describe the research findings the Department 

expects to discover at the end of the period covered by 

the strategic plan. 

‘‘(d) CONSIDERATIONS.—The Secretary shall ensure that the 

strategic plan developed under this section— 

‘‘(1) reflects input from a wide range of external stakeholders; 

‘‘(2) includes and integrates the research and development 

programs of all of the modal administrations of the Department 

49 USC 6503. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1581 

of Transportation, including aviation, transit, rail, and maritime and joint programs; 

‘‘(3) takes into account research and development by other 

Federal, State, local, private sector, and nonprofit institutions; 

‘‘(4) not later than December 31, 2016, is published on 

a public website; and 

‘‘(5) takes into account how research and development by 

other Federal, State, private sector, and nonprofit institutions— 

‘‘(A) contributes to the achievement of the purposes 

identified under subsection (c)(1); and 

‘‘(B) avoids unnecessary duplication of those efforts. 

‘‘(e) INTERIM REPORT.—Not later than 2 1⁄2 years after the 

date of enactment of this chapter, the Secretary may publish on 

a public website an interim report that— 

‘‘(1) provides an assessment of the 5-year research and 

development strategic plan of the Department of Transportation 

described in this section; and 

‘‘(2) includes a description of the extent to which the 

research and development is or is not successfully meeting 

the purposes described under subsection (c)(1).’’. 

(c) TECHNICAL AND CONFORMING AMENDMENT.—The table of 

chapters for subtitle III of title 49, United States Code, is amended 

by adding at the end the following: 

‘‘63. Bureau of Transportation Statistics ............................................................. 6301

‘‘65. Research planning ......................................................................................... 6501’’. 

(d) TECHNICAL AND CONFORMING AMENDMENTS.— 

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

States Code, is amended— 

(A) by striking section 508; 

(B) in the table of contents, by striking the item 

relating to section 508; 

(C) in section 502— 

(i) in subsection (a)(9), by striking ‘‘transportation 

research and technology development strategic plan 

developed under section 508’’ and inserting ‘‘transportation research and development strategic plan under 

section 6503 of title 49’’; and 

(ii) in subsection (b)(4), by striking ‘‘transportation 

research and development strategic plan of the Secretary developed under section 508’’ and inserting 

‘‘transportation research and development strategic 

plan under section 6503 of title 49’’; and 

(D) in section 512(b), by striking ‘‘as part of the 

transportation research and development strategic plan 

developed under section 508’’. 

(2) INTELLIGENT TRANSPORTATION SYSTEMS.—The Intelligent Transportation Systems Act of 1998 (23 U.S.C. 502 note; 

Public Law 105–178) is amended— 

(A) in section 5205(b), by striking ‘‘as part of the Surface Transportation Research and Development Strategic 

Plan developed under section 508 of title 23’’ and inserting 

‘‘as part of the transportation research and development 

strategic plan under section 6503 of title 49’’; and 

(B) in section 5206(e)(2)(A), by striking ‘‘or the Surface 

Transportation Research and Development Strategic Plan 

developed under section 508 of title 23’’ and inserting ‘‘or 

49 USC 5101. 


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129 STAT. 1582 PUBLIC LAW 114–94—DEC. 4, 2015 

the transportation research and development strategic plan 

under section 6503 of title 49’’. 

(3) INTELLIGENT TRANSPORTATION SYSTEM RESEARCH.—Section 5305(h)(3)(A) of SAFETEA–LU (23 U.S.C. 512 note; Public 

Law 109–59) is amended by striking ‘‘the strategic plan under 

section 508 of title 23, United States Code’’ and inserting ‘‘the 

5-year strategic plan under 6503 of title 49, United States 

Code’’. 

SEC. 6020. SURFACE TRANSPORTATION SYSTEM FUNDING ALTERNATIVES. 

(a) IN GENERAL.—The Secretary shall establish a program to 

provide grants to States to demonstrate user-based alternative revenue mechanisms that utilize a user fee structure to maintain 

the long-term solvency of the Highway Trust Fund. 

(b) APPLICATION.—To be eligible for a grant under this section, 

a State or group of States shall submit to the Secretary an application in such form and containing such information as the Secretary 

may require. 

(c) OBJECTIVES.—The Secretary shall ensure that the activities 

carried out using funds provided under this section meet the following objectives: 

(1) To test the design, acceptance, and implementation 

of 2 or more future user-based alternative revenue mechanisms. 

(2) To improve the functionality of such user-based alternative revenue mechanisms. 

(3) To conduct outreach to increase public awareness 

regarding the need for alternative funding sources for surface 

transportation programs and to provide information on possible 

approaches. 

(4) To provide recommendations regarding adoption and 

implementation of user-based alternative revenue mechanisms. 

(5) To minimize the administrative cost of any potential 

user-based alternative revenue mechanisms. 

(d) USE OF FUNDS.—A State or group of States receiving funds 

under this section to test the design, acceptance, and implementation of a user-based alternative revenue mechanism— 

(1) shall address— 

(A) the implementation, interoperability, public acceptance, and other potential hurdles to the adoption of the 

user-based alternative revenue mechanism; 

(B) the protection of personal privacy; 

(C) the use of independent and private third-party 

vendors to collect fees and operate the user-based alternative revenue mechanism; 

(D) market-based congestion mitigation, if appropriate; 

(E) equity concerns, including the impacts of the userbased alternative revenue mechanism on differing income 

groups, various geographic areas, and the relative burdens 

on rural and urban drivers; 

(F) ease of compliance for different users of the 

transportation system; and 

(G) the reliability and security of technology used to 

implement the user-based alternative revenue mechanism; 

and 

(2) may address— 

23 USC 503 note. 


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(A) the flexibility and choices of user-based alternative 

revenue mechanisms, including the ability of users to select 

from various technology and payment options; 

(B) the cost of administering the user-based alternative 

revenue mechanism; and 

(C) the ability of the administering entity to audit 

and enforce user compliance. 

(e) CONSIDERATION.—The Secretary shall consider geographic 

diversity in awarding grants under this section. 

(f) LIMITATIONS ON REVENUE COLLECTED.—Any revenue collected through a user-based alternative revenue mechanism established using funds provided under this section shall not be considered a toll under section 301 of title 23, United States Code. 

(g) FEDERAL SHARE.—The Federal share of the cost of an 

activity carried out under this section may not exceed 50 percent 

of the total cost of the activity. 

(h) REPORT TO SECRETARY.—Not later than 1 year after the 

date on which the first eligible entity receives a grant under this 

section, and each year thereafter, each recipient of a grant under 

this section shall submit to the Secretary a report that describes— 

(1) how the demonstration activities carried out with grant 

funds meet the objectives described in subsection (c); and 

(2) lessons learned for future deployment of alternative 

revenue mechanisms that utilize a user fee structure. 

(i) BIENNIAL REPORTS.—Not later than 2 years after the date 

of enactment of this Act, and every 2 years thereafter until the 

completion of the demonstration activities under this section, the 

Secretary shall make available to the public on an Internet website 

a report describing the progress of the demonstration activities. 

(j) FUNDING.—Of the funds authorized to carry out section 

503(b) of title 23, United States Code— 

(1) $15,000,000 shall be used to carry out this section 

for fiscal year 2016; and 

(2) $20,000,000 shall be used to carry out this section 

for each of fiscal years 2017 through 2020. 

(k) GRANT FLEXIBILITY.—If, by August 1 of each fiscal year, 

the Secretary determines that there are not enough grant applications that meet the requirements of this section for a fiscal year, 

Secretary shall transfer to the program under section 503(b) of 

title 23, United States Code— 

(1) any of the funds reserved for the fiscal year under 

subsection (j) that the Secretary has not yet awarded under 

this section; and 

(2) an amount of obligation limitation equal to the amount 

of funds that the Secretary transfers under paragraph (1). 

SEC. 6021. FUTURE INTERSTATE STUDY. 

(a) FUTURE INTERSTATE SYSTEM STUDY.—Not later than 180 

days after the date of enactment of this Act, the Secretary shall 

enter into an agreement with the Transportation Research Board 

of the National Academies to conduct a study on the actions needed 

to upgrade and restore the Dwight D. Eisenhower National System 

of Interstate and Defense Highways to its role as a premier system 

that meets the growing and shifting demands of the 21st century. 

(b) METHODOLOGIES.—In conducting the study, the Transportation Research Board shall build on the methodologies examined 


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129 STAT. 1584 PUBLIC LAW 114–94—DEC. 4, 2015 

and recommended in the report prepared for the American Association of State Highway and Transportation Officials titled ‘‘National 

Cooperative Highway Research Program Project 20–24(79): Specifications for a National Study of the Future 3R, 4R, and Capacity 

Needs of the Interstate System’’, dated December 2013. 

(c) CONTENTS OF STUDY.—The study— 

(1) shall include specific recommendations regarding the 

features, standards, capacity needs, application of technologies, 

and intergovernmental roles to upgrade the Interstate System, 

including any revisions to law (including regulations) that the 

Transportation Research Board determines appropriate; and 

(2) is encouraged to build on the institutional knowledge 

in the highway industry in applying the techniques involved 

in implementing the study. 

(d) CONSIDERATIONS.—In carrying out the study, the Transportation Research Board shall determine the need for reconstruction 

and improvement of the Interstate System by considering— 

(1) future demands on transportation infrastructure determined for national planning purposes, including commercial 

and private traffic flows to serve future economic activity and 

growth; 

(2) the expected condition of the current Interstate System 

over the period of 50 years beginning on the date of enactment 

of this Act, including long-term deterioration and reconstruction 

needs; 

(3) features that would take advantage of technological 

capabilities to address modern standards of construction, 

maintenance, and operations, for purposes of safety, and system 

management, taking into further consideration system performance and cost; 

(4) those National Highway System routes that should 

be added to the existing Interstate System to more efficiently 

serve national traffic flows; and 

(5) the resources necessary to maintain and improve the 

Interstate System, including the resources required to upgrade 

the National Highway System routes identified in paragraph 

(4) to Interstate standards. 

(e) CONSULTATION.—In carrying out the study, the Transportation Research Board— 

(1) shall convene and consult with a panel of national 

experts, including operators and users of the Interstate System 

and private sector stakeholders; and 

(2) is encouraged to consult with— 

(A) the Federal Highway Administration; 

(B) States; 

(C) planning agencies at the metropolitan, State, and 

regional levels; 

(D) the motor carrier industry; 

(E) freight shippers; 

(F) highway safety groups; and 

(G) other appropriate entities. 

(f) REPORT.—Not later than 3 years after the date of enactment 

of this Act, the Transportation Research Board shall submit to 

the Secretary, the Committee on Environment and Public Works 

of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of 

the study conducted under this section. 


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(g) FUNDING.—From amounts authorized to carry out the Highway Research and Development Program, the Secretary shall use 

to carry out this section not more than $5,000,000 for fiscal year 

2016. 

SEC. 6022. HIGHWAY EFFICIENCY. 

(a) STUDY.— (1) IN GENERAL.—The Secretary may examine the impact 

of pavement durability and sustainability on vehicle fuel 

consumption, vehicle wear and tear, road conditions, and road 

repairs. 

(2) METHODOLOGY.—In carrying out the study, the Secretary shall— 

(A) conduct a thorough review of relevant peerreviewed research published during at least the past 5 

years; 

(B) analyze impacts of different types of pavement 

on all motor vehicle types, including commercial vehicles; 

(C) specifically examine the impact of pavement 

deformation and deflection; and 

(D) analyze impacts of different types of pavement 

on road conditions and road repairs. 

(3) CONSULTATION.—In carrying out the study, the Secretary shall consult with— 

(A) modal administrations of the Department and other 

Federal agencies, including the National Institute of Standards and Technology; 

(B) State departments of transportation; 

(C) industry stakeholders; and 

(D) appropriate academic experts. 

(b) REPORT.— 

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

of enactment of this Act, the Secretary shall publish on a 

public website a report describing the results of the study. 

(2) CONTENTS.—The report shall include— 

(A) a summary of the different types of pavements 

analyzed in the study and the impacts of pavement durability and sustainability on safety, vehicle fuel consumption, vehicle wear and tear, road conditions, and road 

repairs; and 

(B) recommendations for State and local governments 

on best practice methods for improving pavement durability 

and sustainability to maximize vehicle fuel economy, 

improve safety, ride quality, and road conditions, and to 

minimize the need for road and vehicle repairs. 

SEC. 6023. TRANSPORTATION TECHNOLOGY POLICY WORKING GROUP. 

To improve the scientific pursuit and research procedures concerning transportation, the Secretary may convene an interagency 

working group— 

(1) to identify opportunities for coordination between the 

Department and universities and the private sector; and 

(2) to identify and develop a plan to address related 

workforce development needs. 

SEC. 6024. COLLABORATION AND SUPPORT. 

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

49 USC 301 note. 


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national laboratories to assist in the effective and efficient pursuit 

and resolution of research challenges identified by the Secretary. 

SEC. 6025. GAO REPORT. 

Not later than 2 years after the date of enactment of this 

Act, the Comptroller General of the United States shall submit 

to Congress a report that— 

(1) assesses the status of autonomous transportation technology policy developed by public entities in the United States; 

(2) assesses the organizational readiness of the Department 

to address autonomous vehicle technology challenges, including 

consumer privacy protections; and 

(3) recommends implementation paths for autonomous 

transportation technology, applications, and policies that are 

based on the assessment described in paragraph (2). 

SEC. 6026. TRAFFIC CONGESTION. 

(a) CONGESTION RESEARCH.—The Secretary may conduct 

research on the reduction of traffic congestion. 

(b) CONSIDERATION.—The Secretary may— 

(1) recommend research to accelerate the adoption of 

transportation management systems that allow traffic to flow 

in the safest and most efficient manner possible while alleviating current and future traffic congestion challenges; 

(2) assess and analyze traffic, transit, and freight data 

from various sources relevant to efforts to reduce traffic congestion so as to maximize mobility, efficiency, and capacity while 

decreasing congestion and travel times; 

(3) examine the use and integration of multiple data types 

from multiple sources and technologies, including road weather 

data, arterial and highway traffic conditions, transit vehicle 

arrival and departure times, real time navigation routing, 

construction zone information, and reports of incidents, to suggest improvements in effective communication of such data 

and information in real time; 

(4) develop and disseminate suggested strategies and solutions to reduce congestion for high-density traffic regions and 

to provide mobility in the event of an emergency or natural 

disaster; and 

(5) collaborate with other relevant Federal agencies, State 

and local agencies, industry and industry associations, and 

university research centers to fulfill goals and objectives under 

this section. 

(c) IDENTIFYING INFORMATION.—The Secretary shall ensure that 

information used pursuant to this section does not contain identifying information of any individual. 

(d) REPORT.—Not later than 1 year after the completion of 

research under this section, the Secretary may make available 

on a public website a report on any activities under this section. 

SEC. 6027. SMART CITIES TRANSPORTATION PLANNING STUDY. 

(a) IN GENERAL.—The Secretary may conduct a study of digital 

technologies and information technologies, including shared 

mobility, data, transportation network companies, and on-demand 

transportation services— 

(1) to understand the degree to which cities are adopting 

those technologies; 


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(2) to assess future planning, infrastructure, and investment needs; and 

(3) to provide best practices to plan for smart cities in 

which information and technology are used— 

(A) to improve city operations; 

(B) to grow the local economy; 

(C) to improve response in times of emergencies and 

natural disasters; and 

(D) to improve the lives of city residents. 

(b) COMPONENTS.—The study conducted under subsection (a) 

shall— 

(1) identify broad issues that influence the ability of the 

United States to plan for and invest in smart cities, including 

barriers to collaboration and access to scientific information; 

and 

(2) review how the expanded use of digital technologies, 

mobile devices, and information may— 

(A) enhance the efficiency and effectiveness of existing 

transportation networks; 

(B) optimize demand management services; 

(C) impact low-income and other disadvantaged 

communities; 

(D) assess opportunities to share, collect, and use data; 

(E) change current planning and investment strategies; 

and 

(F) provide opportunities for enhanced coordination and 

planning. 

(c) REPORTING.—Not later than 18 months after the date of 

enactment of this Act, the Secretary may publish the report containing the results of the study conducted under subsection (a) 

to a public website. 

SEC. 6028. PERFORMANCE MANAGEMENT DATA SUPPORT PROGRAM. 

(a) PERFORMANCE MANAGEMENT DATA SUPPORT.—The Administrator of the Federal Highway Administration shall develop, use, 

and maintain data sets and data analysis tools to assist metropolitan planning organizations, States, and the Federal Highway 

Administration in carrying out performance management analyses 

(including the performance management requirements under section 150 of title 23, United States Code). 

(b) INCLUSIONS.—The data analysis activities authorized under 

subsection (a) may include— 

(1) collecting and distributing vehicle probe data describing 

traffic on Federal-aid highways; 

(2) collecting household travel behavior data to assess local 

and cross-jurisdictional travel, including to accommodate 

external and through travel; 

(3) enhancing existing data collection and analysis tools 

to accommodate performance measures, targets, and related 

data, so as to better understand trip origin and destination, 

trip time, and mode; 

(4) enhancing existing data analysis tools to improve 

performance predictions and travel models in reports described 

in section 150(e) of title 23, United States Code; and 

(5) developing tools— 

(A) to improve performance analysis; and 

23 USC 150 note. 


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129 STAT. 1588 PUBLIC LAW 114–94—DEC. 4, 2015 

(B) to evaluate the effects of project investments on 

performance. 

(c) FUNDING.—From amounts authorized to carry out the Highway Research and Development Program, the Administrator of 

the Federal Highway Administration may use up to $10,000,000 

for each of fiscal years 2016 through 2020 to carry out this section. 

TITLE VII—HAZARDOUS MATERIALS 

TRANSPORTATION 

SEC. 7001. SHORT TITLE. 

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

Subtitle A—Authorizations 

SEC. 7101. AUTHORIZATION OF APPROPRIATIONS. 

Section 5128 of title 49, United States Code, is amended to 

read as follows: 

‘‘§ 5128. Authorization of appropriations 

‘‘(a) IN GENERAL.—There are authorized to be appropriated 

to the Secretary to carry out this chapter (except sections 5107(e), 

5108(g)(2), 5113, 5115, 5116, and 5119)— ‘‘(1) $53,000,000 for fiscal year 2016; 

‘‘(2) $55,000,000 for fiscal year 2017; 

‘‘(3) $57,000,000 for fiscal year 2018; 

‘‘(4) $58,000,000 for fiscal year 2019; and 

‘‘(5) $60,000,000 for fiscal year 2020. 

‘‘(b) HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS

FUND.—From the Hazardous Materials Emergency Preparedness 

Fund established under section 5116(h), the Secretary may expend, 

for each of fiscal years 2016 through 2020— ‘‘(1) $21,988,000 to carry out section 5116(a); 

‘‘(2) $150,000 to carry out section 5116(e); 

‘‘(3) $625,000 to publish and distribute the Emergency 

Response Guidebook under section 5116(h)(3); and 

‘‘(4) $1,000,000 to carry out section 5116(i). 

‘‘(c) HAZARDOUS MATERIALS TRAINING GRANTS.—From the Hazardous Materials Emergency Preparedness Fund established pursuant to section 5116(h), the Secretary may expend $4,000,000 for 

each of fiscal years 2016 through 2020 to carry out section 5107(e). 

‘‘(d) COMMUNITY SAFETY GRANTS.—Of the amounts made available under subsection (a) to carry out this chapter, the Secretary 

shall withhold $1,000,000 for each of fiscal years 2016 through 

2020 to carry out section 5107(i). 

‘‘(e) CREDITS TO APPROPRIATIONS.— 

‘‘(1) EXPENSES.—In addition to amounts otherwise made 

available to carry out this chapter, the Secretary may credit 

amounts received from a State, Indian tribe, or other public 

authority or private entity for expenses the Secretary incurs 

in providing training to the State, Indian tribe, authority, or 

entity. 

‘‘(2) AVAILABILITY OF AMOUNTS.—Amounts made available 

under this section shall remain available until expended.’’. 

49 USC 5101 

note. 

Hazardous 

Materials 

Transportation 

Safety 

Improvement Act 

of 2015. 


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Subtitle B—Hazardous Material Safety and 

Improvement 

SEC. 7201. NATIONAL EMERGENCY AND DISASTER RESPONSE. 

Section 5103 of title 49, United States Code, is amended— 

(1) by redesignating subsections (c) and (d) as subsections 

(d) and (e), respectively; and 

(2) by inserting after subsection (b) the following: 

‘‘(c) FEDERALLY DECLARED DISASTERS AND EMERGENCIES.— ‘‘(1) IN GENERAL.—The Secretary may by order waive 

compliance with any part of an applicable standard prescribed 

under this chapter without prior notice and comment and on 

terms the Secretary considers appropriate if the Secretary 

determines that— 

‘‘(A) it is in the public interest to grant the waiver; 

‘‘(B) the waiver is not inconsistent with the safety 

of transporting hazardous materials; and 

‘‘(C) the waiver is necessary to facilitate the safe movement of hazardous materials into, from, and within an 

area of a major disaster or emergency that has been 

declared under the Robert T. Stafford Disaster Relief and 

Emergency Assistance Act (42 U.S.C. 5121 et seq.). 

‘‘(2) PERIOD OF WAIVER.—A waiver under this subsection 

may be issued for a period of not more than 60 days and 

may be renewed upon application to the Secretary only after 

notice and an opportunity for a hearing on the waiver. The 

Secretary shall immediately revoke the waiver if continuation 

of the waiver would not be consistent with the goals and objectives of this chapter. 

‘‘(3) STATEMENT OF REASONS.—The Secretary shall include 

in any order issued under this section the reasons for granting 

the waiver.’’. 

SEC. 7202. MOTOR CARRIER SAFETY PERMITS. 

Section 5109(h) of title 49, United States Code, is amended 

to read as follows: 

‘‘(h) LIMITATION ON DENIAL.—The Secretary may not deny a 

non-temporary permit held by a motor carrier pursuant to this 

section based on a comprehensive review of that carrier triggered 

by safety management system scores or out-of-service disqualification standards, unless— 

‘‘(1) the carrier has the opportunity, prior to the denial 

of such permit, to submit a written description of corrective 

actions taken and other documentation the carrier wishes the 

Secretary to consider, including a corrective action plan; and 

‘‘(2) the Secretary determines the actions or plan is insufficient to address the safety concerns identified during the course 

of the comprehensive review.’’. 

SEC. 7203. IMPROVING THE EFFECTIVENESS OF PLANNING AND 

TRAINING GRANTS. 

(a) PLANNING AND TRAINING GRANTS.—Section 5116 of title 

49, United States Code, is amended— 

(1) by redesignating subsections (c) through (k) as subsections (b) through (j), respectively, 

(2) by striking subsection (b); and 


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129 STAT. 1590 PUBLIC LAW 114–94—DEC. 4, 2015 

(3) by striking subsection (a) and inserting the following: 

‘‘(a) PLANNING AND TRAINING GRANTS.—(1) The Secretary shall 

make grants to States and Indian tribes— 

‘‘(A) to develop, improve, and carry out emergency plans 

under the Emergency Planning and Community Right-To-Know 

Act of 1986 (42 U.S.C. 11001 et seq.), including ascertaining 

flow patterns of hazardous material on lands under the jurisdiction of a State or Indian tribe, and between lands under the 

jurisdiction of a State or Indian tribe and lands of another 

State or Indian tribe; 

‘‘(B) to decide on the need for regional hazardous material 

emergency response teams; and 

‘‘(C) to train public sector employees to respond to accidents 

and incidents involving hazardous material. 

‘‘(2) To the extent that a grant is used to train emergency 

responders under paragraph (1)(C), the State or Indian tribe shall 

provide written certification to the Secretary that the emergency 

responders who receive training under the grant will have the 

ability to protect nearby persons, property, and the environment 

from the effects of accidents or incidents involving the transportation of hazardous material in accordance with existing regulations 

or National Fire Protection Association standards for competence 

of responders to accidents and incidents involving hazardous materials. 

‘‘(3) The Secretary may make a grant to a State or Indian 

tribe under paragraph (1) of this subsection only if— 

‘‘(A) the State or Indian tribe certifies that the total amount 

the State or Indian tribe expends (except amounts of the Federal Government) for the purpose of the grant will at least 

equal the average level of expenditure for the last 5 years; 

and 

‘‘(B) any emergency response training provided under the 

grant shall consist of— 

‘‘(i) a course developed or identified under section 5115 

of this title; or 

‘‘(ii) any other course the Secretary determines is consistent with the objectives of this section. 

‘‘(4) A State or Indian tribe receiving a grant under this subsection shall ensure that planning and emergency response training 

under the grant is coordinated with adjacent States and Indian 

tribes. 

‘‘(5) A training grant under paragraph (1)(C) may be used— 

‘‘(A) to pay— 

‘‘(i) the tuition costs of public sector employees being 

trained; 

‘‘(ii) travel expenses of those employees to and from 

the training facility; 

‘‘(iii) room and board of those employees when at the 

training facility; and 

‘‘(iv) travel expenses of individuals providing the 

training; 

‘‘(B) by the State, political subdivision, or Indian tribe 

to provide the training; and 

‘‘(C) to make an agreement with a person (including an 

authority of a State, a political subdivision of a State or Indian 

tribe, or a local jurisdiction), subject to approval by the Secretary, to provide the training if— 


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‘‘(i) the agreement allows the Secretary and the State 

or Indian tribe to conduct random examinations, inspections, and audits of the training without prior notice; 

‘‘(ii) the person agrees to have an auditable accounting 

system; and 

‘‘(iii) the State or Indian tribe conducts at least one 

on-site observation of the training each year. 

‘‘(6) The Secretary shall allocate amounts made available for 

grants under this subsection among eligible States and Indian 

tribes based on the needs of the States and Indian tribes for 

emergency response planning and training. In making a decision 

about those needs, the Secretary shall consider— 

‘‘(A) the number of hazardous material facilities in the 

State or on land under the jurisdiction of the Indian tribe; 

‘‘(B) the types and amounts of hazardous material transported in the State or on such land; 

‘‘(C) whether the State or Indian tribe imposes and collects 

a fee for transporting hazardous material; 

‘‘(D) whether such fee is used only to carry out a purpose 

related to transporting hazardous material; 

‘‘(E) the past record of the State or Indian tribe in effectively managing planning and training grants; and 

‘‘(F) any other factors the Secretary determines are appropriate to carry out this subsection.’’. 

(b) TECHNICAL AND CONFORMING AMENDMENTS.— 

(1) Section 5108(g) of title 49, United States Code, is 

amended by striking ‘‘5116(i)’’ each place it appears and 

inserting ‘‘5116(h)’’. 

(2) Section 5116 of such title is amended— 

(A) in subsection (d), as so redesignated, by striking 

‘‘subsections (a)(2)(A) and (b)(2)(A)’’ and inserting ‘‘subsection (a)(3)(A)’’; 

(B) in subsection (h), as so redesignated— 

(i) in paragraph (1) by inserting ‘‘and section 

5107(e)’’ after ‘‘section’’; 

(ii) in paragraph (2) by striking ‘‘(f)’’ and inserting 

‘‘(e)’’; and 

(iii) in paragraph (4) by striking ‘‘5108(g)(2) and 

5115’’ and inserting ‘‘5107(e) and 5108(g)(2)’’; 

(C) in subsection (i), as so redesignated, by striking 

‘‘subsection (b)’’ and inserting ‘‘subsection (a)’’; and 

(D) in subsection (j), as so redesignated— 

(i) by striking ‘‘planning grants allocated under 

subsection (a), training grants under subsection (b), 

and grants under subsection (j) of this section and 

under section 5107’’ and inserting ‘‘planning and 

training grants under subsection (a) and grants under 

subsection (i) of this section and under subsections 

(e) and (i) of section 5107’’; and 

(ii) by redesignating subparagraphs (A) through 

(D) as paragraphs (1) through (4), respectively. 

(c) SAVINGS CLAUSE.—Nothing in this section may be construed 

to prohibit the Secretary from recovering and deobligating funds 

from grants that are not managed or expended in compliance with 

a grant agreement. 

49 USC 5116 

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129 STAT. 1592 PUBLIC LAW 114–94—DEC. 4, 2015 

SEC. 7204. IMPROVING PUBLICATION OF SPECIAL PERMITS AND 

APPROVALS. 

Section 5117 of title 49, United States Code, is amended— 

(1) in subsection (b)— 

(A) by striking ‘‘an application for a special permit’’ 

and inserting ‘‘an application for a new special permit 

or a modification to an existing special permit’’; and 

(B) by inserting after the second sentence the following: 

‘‘The Secretary shall make available to the public on the 

Department of Transportation’s Internet Web site any special permit other than a new special permit or a modification to an existing special permit and shall give the public 

an opportunity to inspect the safety analysis and comment 

on the application for a period of not more than 15 days.’’; 

and 

(2) in subsection (c)— 

(A) by striking ‘‘publish’’ and inserting ‘‘make available 

to the public’’; 

(B) by striking ‘‘in the Federal Register’’; 

(C) by striking ‘‘180’’ and inserting ‘‘120’’; and 

(D) by striking ‘‘the special permit’’ each place it 

appears and inserting ‘‘a special permit or approval’’; and 

(3) by adding at the end the following: 

‘‘(g) DISCLOSURE OF FINAL ACTION.—The Secretary shall 

periodically, but at least every 120 days— 

‘‘(1) publish in the Federal Register notice of the final 

disposition of each application for a new special permit, modification to an existing special permit, or approval during the 

preceding quarter; and 

‘‘(2) make available to the public on the Department of 

Transportation’s Internet Web site notice of the final disposition 

of any other special permit during the preceding quarter.’’. 

SEC. 7205. ENHANCED REPORTING. 

Section 5121(h) of title 49, United States Code, is amended 

by striking ‘‘transmit to the Committee on Transportation and 

Infrastructure of the House of Representatives and the Committee 

on Commerce, Science, and Transportation of the Senate’’ and 

inserting ‘‘make available to the public on the Department of 

Transportation’s Internet Web site’’. 

SEC. 7206. WETLINES. 

(a) WITHDRAWAL.—Not later than 30 days after the date of 

enactment of this Act, the Secretary shall withdraw the proposed 

rule described in the notice of proposed rulemaking issued on 

January 27, 2011, entitled ‘‘Safety Requirements for External 

Product Piping on Cargo Tanks Transporting Flammable Liquids’’ 

(76 Fed. Reg. 4847). 

(b) SAVINGS CLAUSE.—Nothing in this section shall prohibit 

the Secretary from issuing standards or regulations regarding the 

safety of external product piping on cargo tanks transporting flammable liquids after the withdrawal is carried out pursuant to subsection (a). 

SEC. 7207. GAO STUDY ON ACCEPTANCE OF CLASSIFICATION EXAMINATIONS. 

(a) IN GENERAL.—Not later than 180 days after the date of 

enactment of this Act, the Comptroller General of the United States 

49 USC 5103 

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shall evaluate and transmit to the Secretary, the Committee on 

Transportation and Infrastructure of the House of Representatives, 

and the Committee on Commerce, Science, and Transportation of 

the Senate, a report on the standards, metrics, and protocols that 

the Secretary uses to regulate the performance of persons approved 

to recommend hazard classifications pursuant to section 173.56(b) 

of title 49, Code of Federal Regulations (commonly referred to 

as ‘‘third-party labs’’). 

(b) EVALUATION.—The evaluation required under subsection (a) 

shall— 

(1) identify what standards and protocols are used to 

approve such persons, assess the adequacy of such standards 

and protocols to ensure that persons seeking approval are qualified and capable of performing classifications, and make recommendations to address any deficiencies identified; 

(2) assess the adequacy of the Secretary’s oversight of 

persons approved to perform the classifications, including the 

qualification of individuals engaged in the oversight of approved 

persons, and make recommendations to enhance oversight sufficiently to ensure that classifications are issued as required; 

(3) identify what standards and protocols exist to rescind, 

suspend, or deny approval of persons who perform such classifications, assess the adequacy of such standards and protocols, 

and make recommendations to enhance such standards and 

protocols if necessary; and 

(4) include annual data for fiscal years 2005 through 2015 

on the number of applications received for new classifications 

pursuant to section 173.56(b) of title 49, Code of Federal Regulations, of those applications how many classifications recommended by persons approved by the Secretary were changed 

to another classification and the reasons for the change, and 

how many hazardous materials incidents have been attributed 

to a classification recommended by such approved persons in 

the United States. 

(c) ACTION PLAN.—Not later than 180 days after receiving 

the report required under subsection (a), the Secretary shall make 

available to the public a plan describing any actions the Secretary 

will take to establish standards, metrics, and protocols based on 

the findings and recommendations in the report to ensure that 

persons approved to perform classification examinations required 

under section 173.56(b) of title 49, Code of Federal Regulations, 

can sufficiently perform such examinations in a manner that meets 

the hazardous materials regulations. 

(d) REGULATIONS.—If the report required under subsection (a) 

recommends new regulations in order for the Secretary to have 

confidence in the accuracy of classification recommendations rendered by persons approved to perform classification examinations 

required under section 173.56(b) of title 49, Code of Federal Regulations, the Secretary shall consider such recommendations, and if 

determined appropriate, issue regulations to address the recommendations not later than 18 months after the date of the 

publication of the plan under subsection (c). 

SEC. 7208. HAZARDOUS MATERIALS ENDORSEMENT EXEMPTION. 

The Secretary shall allow a State, at the discretion of the 

State, to waive the requirement for a holder of a Class A commercial 

driver’s license to obtain a hazardous materials endorsement under 

49 USC 31305 

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129 STAT. 1594 PUBLIC LAW 114–94—DEC. 4, 2015 

part 383 of title 49, Code of Federal Regulations, if the license 

holder— 

(1) is acting within the scope of the license holder’s employment as an employee of a custom harvester operation, 

agrichemical business, farm retail outlet and supplier, or livestock feeder; and 

(2) is operating a service vehicle that is— 

(A) transporting diesel in a quantity of 3,785 liters 

(1,000 gallons) or less; and 

(B) clearly marked with a ‘‘flammable’’ or ‘‘combustible’’ 

placard, as appropriate. 

Subtitle C—Safe Transportation of 

Flammable Liquids by Rail 

SEC. 7301. COMMUNITY SAFETY GRANTS. 

Section 5107 of title 49, United States Code, is amended by 

adding at the end the following: 

‘‘(i) COMMUNITY SAFETY GRANTS.—The Secretary shall establish 

a competitive program for making grants to nonprofit organizations 

for— 

‘‘(1) conducting national outreach and training programs 

to assist communities in preparing for and responding to 

accidents and incidents involving the transportation of hazardous materials, including Class 3 flammable liquids by rail; 

and 

‘‘(2) training State and local personnel responsible for 

enforcing the safe transportation of hazardous materials, 

including Class 3 flammable liquids.’’. 

SEC. 7302. REAL-TIME EMERGENCY RESPONSE INFORMATION. 

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with appropriate 

Federal agencies, shall issue regulations that— 

(1) require a Class I railroad transporting hazardous materials— 

(A) to generate accurate, real-time, and electronic train 

consist information, including— 

(i) the identity, quantity, and location of hazardous 

materials on a train; 

(ii) the point of origin and destination of the train; 

(iii) any emergency response information or 

resources required by the Secretary; and 

(iv) an emergency response point of contact designated by the Class I railroad; and 

(B) to enter into a memorandum of understanding 

with each applicable fusion center to provide the fusion 

center with secure and confidential access to the electronic 

train consist information described in subparagraph (A) 

for each train transporting hazardous materials in the 

jurisdiction of the fusion center; 

(2) require each applicable fusion center to provide the 

electronic train consist information described in paragraph 

(1)(A) to State and local first responders, emergency response 

officials, and law enforcement personnel that are involved in 

the response to or investigation of an accident, incident, or 

49 USC 20103 

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public health or safety emergency involving the rail transportation of hazardous materials and that request such electronic 

train consist information; 

(3) require each Class I railroad to provide advanced 

notification and information on high-hazard flammable trains 

to each State emergency response commission, consistent with 

the notification content requirements in Emergency Order 

Docket No. DOT–OST–2014–0067, including— 

(A) a reasonable estimate of the number of implicated 

trains that are expected to travel, per week, through each 

county within the applicable State; 

(B) updates to such estimate prior to making any material changes to any volumes or frequencies of trains traveling through a county; 

(C) identification and a description of the Class 3 flammable liquid being transported on such trains; 

(D) applicable emergency response information, as 

required by regulation; 

(E) identification of the routes over which such liquid 

will be transported; and 

(F) a point of contact at the Class I railroad responsible 

for serving as the point of contact for State emergency 

response centers and local emergency responders related 

to the Class I railroad’s transportation of such liquid. 

(4) require each applicable State emergency response 

commission to provide to a political subdivision of a State, 

or public agency responsible for emergency response or law 

enforcement, upon request of the political subdivision or public 

agency, the information the commission receives from a Class 

I railroad pursuant to paragraph (3), including, for any such 

political subdivision or public agency responsible for emergency 

response or law enforcement that makes an initial request 

for such information, any updates received by the State emergency response commission. 

(5) prohibit any Class I railroad, employee, or agent from 

withholding, or causing to be withheld, the train consist 

information from first responders, emergency response officials, 

and law enforcement personnel described in paragraph (2) in 

the event of an incident, accident, or public health or safety 

emergency involving the rail transportation of hazardous materials; 

(6) establish security and confidentiality protections, 

including protections from the public release of proprietary 

information or security-sensitive information, to prevent the 

release to unauthorized persons any electronic train consist 

information or advanced notification or information provided 

by Class I railroads under this section; and 

(7) allow each Class I railroad to enter into a memorandum 

of understanding with any Class II railroad or Class III railroad 

that operates trains over the Class I railroad’s line to incorporate the Class II railroad or Class III railroad’s train consist 

information within the existing framework described in paragraph (1). 

(b) DEFINITIONS.—In this section: 

(1) APPLICABLE FUSION CENTER.—The term ‘‘applicable 

fusion center’’ means a fusion center with responsibility for 

a geographic area in which a Class I railroad operates. 


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129 STAT. 1596 PUBLIC LAW 114–94—DEC. 4, 2015 

(2) CLASS I RAILROAD; CLASS II RAILROAD; CLASS III RAIL- ROAD.—The terms ‘‘Class I railroad’’, ‘‘Class II railroad’’, and 

‘‘Class III railroad’’ have the meaning given those terms in 

section 20102 of title 49, United States Code. 

(3) CLASS 3 FLAMMABLE LIQUID.—The term ‘‘Class 3 flammable liquid’’ has the meaning given the term flammable liquid 

in section 173.120(a) of title 49, Code of Federal Regulations. 

(4) FUSION CENTER.—The term ‘‘fusion center’’ has the 

meaning given the term in section 210A(j) of the Homeland 

Security Act of 2002 (6 U.S.C. 124h(j)). 

(5) HAZARDOUS MATERIAL.—The term ‘‘hazardous material’’ 

means a substance or material the Secretary designates as 

hazardous under section 5103 of title 49, United States Code. 

(6) HIGH-HAZARD FLAMMABLE TRAIN.—The term ‘‘highhazard flammable train’’ means a single train transporting 

20 or more tank cars loaded with a Class 3 flammable liquid 

in a continuous block or a single train transporting 35 or 

more tank cars loaded with a Class 3 flammable liquid throughout the train consist. 

(7) TRAIN CONSIST.—The term ‘‘train consist’’ includes, with 

regard to a specific train, the number of rail cars and the 

commodity transported by each rail car. 

(c) SAVINGS CLAUSE.—Nothing in this section may be construed 

to prohibit a Class I railroad from voluntarily entering into a 

memorandum of understanding, as described in subsection (a)(1)(B), 

with a State emergency response commission or an entity representing or including first responders, emergency response officials, 

and law enforcement personnel. 

SEC. 7303. EMERGENCY RESPONSE. 

(a) IN GENERAL.—The Comptroller General of the United States 

shall conduct a study to determine whether limitations or weaknesses exist in the emergency response information carried by train 

crews transporting hazardous materials. 

(b) CONTENTS.—In conducting the study under subsection (a), 

the Comptroller General shall evaluate the differences between 

the emergency response information carried by train crews transporting hazardous materials and the emergency response guidance 

provided in the Emergency Response Guidebook issued by the 

Department of Transportation. 

(c) REPORT.—Not later than 1 year after the date of enactment 

of this Act, the Comptroller General shall transmit to the Committee 

on Commerce, Science, and Transportation of the Senate and the 

Committee on Transportation and Infrastructure of the House of 

Representatives a report of the findings of the study under subsection (a) and any recommendations for legislative action. 

SEC. 7304. PHASE-OUT OF ALL TANK CARS USED TO TRANSPORT CLASS 

3 FLAMMABLE LIQUIDS. 

(a) IN GENERAL.—Except as provided for in subsection (b), 

beginning on the date of enactment of this Act, all DOT–111 specification railroad tank cars used to transport Class 3 flammable 

liquids shall meet the DOT–117, DOT–117P, or DOT–117R specifications in part 179 of title 49, Code of Federal Regulations, regardless of train composition. 

(b) PHASE-OUT SCHEDULE.—Certain tank cars not meeting 

DOT–117, DOT–117P, or DOT–117R specifications on the date of 

49 USC 20155 

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enactment of this Act may be used, regardless of train composition, 

until the following end-dates: 

(1) For transport of unrefined petroleum products in Class 

3 flammable service, including crude oil— 

(A) January 1, 2018, for non-jacketed DOT–111 tank 

cars; 

(B) March 1, 2018, for jacketed DOT–111 tank cars; 

(C) April 1, 2020, for non-jacketed CPC–1232 tank 

cars; and 

(D) May 1, 2025, for jacketed CPC–1232 tank cars. 

(2) For transport of ethanol— 

(A) May 1, 2023, for non-jacketed and jacketed DOT– 

111 tank cars; 

(B) July 1, 2023, for non-jacketed CPC–1232 tank cars; 

and 

(C) May 1, 2025, for jacketed CPC–1232 tank cars. 

(3) For transport of Class 3 flammable liquids in Packing 

Group I, other than Class 3 flammable liquids specified in 

paragraphs (1) and (2), May 1, 2025. 

(4) For transport of Class 3 flammable liquids in Packing 

Groups II and III, other than Class 3 flammable liquids specified in paragraphs (1) and (2), May 1, 2029. 

(c) RETROFITTING SHOP CAPACITY.—The Secretary may extend 

the deadlines established under paragraphs (3) and (4) of subsection 

(b) for a period not to exceed 2 years if the Secretary determines 

that insufficient retrofitting shop capacity will prevent the phaseout of tank cars not meeting the DOT–117, DOT–117P, or DOT– 

117R specifications by the deadlines set forth in such paragraphs. 

(d) CONFORMING REGULATORY AMENDMENTS.— 

(1) IN GENERAL.—Immediately after the date of enactment 

of this section, the Secretary— 

(A) shall remove or revise the date-specific deadlines 

in any applicable regulations or orders to the extent necessary to conform with the requirements of this section; 

and 

(B) may not enforce any such date-specific deadlines 

or requirements that are inconsistent with the requirements of this section. 

(2) IMPLEMENTATION.—Nothing in this section shall be construed to require the Secretary to issue regulations, except 

as required under paragraph (1), to implement this section. 

(e) SAVINGS CLAUSE.—Nothing in this section shall be construed 

to prohibit the Secretary from implementing the final rule issued 

on May 08, 2015, entitled ‘‘Enhanced Tank Car Standards and 

Operational Controls for High-Hazard Flammable Trains’’ (80 Fed. 

Reg. 26643), other than the provisions of the final rule that are 

inconsistent with this section. 

(f) CLASS 3 FLAMMABLE LIQUID DEFINED.—In this section, the 

term ‘‘Class 3 flammable liquid’’ has the meaning given the term 

flammable liquid in section 173.120(a) of title 49, Code of Federal 

Regulations. 

SEC. 7305. THERMAL BLANKETS. 

(a) REQUIREMENTS.—Not later than 180 days after the date 

of enactment of this Act, the Secretary shall issue such regulations 

as are necessary to require that each tank car built to meet the 

DOT–117 specification and each non-jacketed tank car modified 

49 USC 20155 

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129 STAT. 1598 PUBLIC LAW 114–94—DEC. 4, 2015 

to meet the DOT–117R specification be equipped with an insulating 

blanket with at least 1⁄2-inch-thick material that has been approved 

by the Secretary pursuant to section 179.18(c) of title 49, Code 

of Federal Regulations. 

(b) SAVINGS CLAUSE.—Nothing in this section shall prohibit 

the Secretary from approving new or alternative technologies or 

materials as they become available that provide a level of safety 

at least equivalent to the level of safety provided for under subsection (a). 

SEC. 7306. MINIMUM REQUIREMENTS FOR TOP FITTINGS PROTECTION 

FOR CLASS DOT–117R TANK CARS. 

(a) PROTECTIVE HOUSING.—Except as provided in subsections 

(b) and (c), top fittings on DOT specification 117R tank cars shall 

be located inside a protective housing not less than 1⁄2-inch in 

thickness and constructed of a material having a tensile strength 

not less than 65 kilopound per square inch and conform to the 

following specifications: 

(1) The protective housing shall be as tall as the tallest 

valve or fitting involved and the height of a valve or fitting 

within the protective housing must be kept to the minimum 

compatible with their proper operation. 

(2) The protective housing or cover may not reduce the 

flow capacity of the pressure relief device below the minimum 

required. 

(3) The protective housing shall provide a means of drainage with a minimum flow area equivalent to six 1-inch diameter 

holes. 

(4) When connected to the nozzle or fittings cover plate 

and subject to a horizontal force applied perpendicular to and 

uniformly over the projected plane of the protective housing, 

the tensile connection strength of the protective housing shall 

be designed to be— 

(A) no greater than 70 percent of the nozzle to tank 

tensile connection strength; 

(B) no greater than 70 percent of the cover plate to 

nozzle connection strength; and 

(C) no less than either 40 percent of the nozzle to 

tank tensile connection strength or the shear strength of 

twenty 1⁄2-inch bolts. 

(b) PRESSURE RELIEF DEVICES.— 

(1) The pressure relief device shall be located inside the 

protective housing, unless space does not permit. If multiple 

pressure relief devices are equipped, no more than 1 may 

be located outside of a protective housing. 

(2) The highest point on any pressure relief device located 

outside of a protective housing may not be more than 12 inches 

above the tank jacket. 

(3) The highest point on the closure of any unused pressure 

relief device nozzle may not be more than 6 inches above 

the tank jacket. 

(c) ALTERNATIVE PROTECTION.—As an alternative to the protective housing requirements in subsection (a) of this section, the 

tank car may be equipped with a system that prevents the release 

of product from any top fitting in the case of an incident where 

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(d) IMPLEMENTATION.—Nothing in this section shall be construed to require the Secretary to issue regulations to implement 

this section. 

(e) SAVINGS CLAUSE.—Nothing in this section shall prohibit 

the Secretary from approving new technologies, methods or requirements that provide a level of safety equivalent to or greater than 

the level of safety provided for in this section. 

SEC. 7307. RULEMAKING ON OIL SPILL RESPONSE PLANS. 

The Secretary shall, not later than 30 days after the date 

of enactment of this Act and every 90 days thereafter until a 

final rule based on the advanced notice of proposed rulemaking 

issued on August 1, 2014, entitled ‘‘Hazardous Materials: Oil Spill 

Response Plans for High-Hazard Flammable Trains’’ (79 Fed. Reg. 

45079) is promulgated, notify the Committee on Transportation 

and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate 

in writing of— 

(1) the status of such rulemaking; 

(2) any reasons why such final rule has not been implemented; 

(3) a plan for completing such final rule as soon as practicable; and 

(4) the estimated date of completion of such final rule. 

SEC. 7308. MODIFICATION REPORTING. 

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary shall implement a reporting requirement to monitor industry-wide progress toward modifying rail tank 

cars used to transport Class 3 flammable liquids by the applicable 

deadlines established in section 7304. 

(b) TANK CAR DATA.—The Secretary shall collect data from 

shippers and rail tank car owners on— 

(1) the total number of tank cars modified to meet the 

DOT–117R specification, or equivalent, specifying— 

(A) the type or specification of each tank car before 

it was modified, including non-jacketed DOT–111, jacketed 

DOT–111, non-jacketed DOT–111 meeting the CPC–1232 

standard, or jacketed DOT–111 meeting the CPC–1232 

standard; and 

(B) the identification number of each Class 3 flammable 

liquid carried by each tank car in the past year; 

(2) the total number of tank cars built to meet the DOT– 

117 specification, or equivalent; and 

(3) the total number of tank cars used or likely to be 

used to transport Class 3 flammable liquids that have not 

been modified, specifying— 

(A) the type or specification of each tank car not modified, including the non-jacketed DOT–111, jacketed DOT– 

111, non-jacketed DOT–111 meeting the CPC–1232 

standard, or jacketed DOT–111 meeting the CPC–1232 

standard; and 

(B) the identification number of each Class 3 flammable 

liquid carried by each tank car in the past year. 

(c) TANK CAR SHOP DATA.—The Secretary shall conduct a 

survey of tank car facilities modifying tank cars to the DOT– 

117R specification, or equivalent, or building new tank cars to 

the DOT–117 specification, or equivalent, to generate statistically49 USC 20155 

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valid estimates of the anticipated number of tank cars those facilities expect to modify to DOT–117R specification, or equivalent, 

or build to the DOT–117 specification, or equivalent. 

(d) FREQUENCY.—The Secretary shall collect the data under 

subsection (b) and conduct the survey under subsection (c) annually 

until May 1, 2029. 

(e) INFORMATION PROTECTIONS.— (1) IN GENERAL.—The Secretary shall only report data in 

industry-wide totals and shall treat company-specific information as confidential business information. 

(2) LEVEL OF CONFIDENTIALITY.—The Secretary shall 

ensure the data collected under subsection (b) and the survey 

data under subsection (c) have the same level of confidentiality 

as required by the Confidential Information Protection and 

Statistical Efficiency Act of 2002 (44 U.S.C. 3501 note), as 

administered by the Bureau of Transportation Statistics. 

(3) DESIGNEE.—The Secretary may— 

(A) designate the Director of the Bureau of Transportation Statistics to collect data under subsection (b) and 

the survey data under subsection (c); and 

(B) direct the Director to ensure the confidentially 

of company-specific information to the maximum extent 

permitted by law. 

(f) REPORT.—Each year, not later than 60 days after the date 

that both the collection of the data under subsection (b) and the 

survey under subsection (c) are complete, the Secretary shall submit 

a written report on the aggregate results, without company-specific 

information, to— 

(1) the Committee on Commerce, Science, and Transportation of the Senate; and 

(2) the Committee on Transportation and Infrastructure 

of the House of Representatives. 

(g) DEFINITION OF CLASS 3 FLAMMABLE LIQUID.—In this section, 

the term ‘‘Class 3 flammable liquid’’ has the meaning given the 

term flammable liquid in section 173.120 of title 49, Code of Federal 

Regulations. 

SEC. 7309. REPORT ON CRUDE OIL CHARACTERISTICS RESEARCH 

STUDY. 

Not later than 180 days after the research completion of the 

comprehensive Crude Oil Characteristics Research Sampling, Analysis, and Experiment Plan study at Sandia National Laboratories, 

the Secretary of Energy, in cooperation with the Secretary of 

Transportation, shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate, the Committee 

on Energy and Natural Resources of the Senate, the Committee 

on Transportation and Infrastructure of the House of Representatives, and the Committee on Energy and Commerce of the House 

of Representatives that contains— 

(1) the results of the comprehensive Crude Oil Characteristics Research Sampling, Analysis, and Experiment Plan study; 

and 

(2) recommendations, based on the findings of the study, 

for— 

(A) regulations by the Secretary of Transportation or 

the Secretary of Energy to improve the safe transport of 

crude oil; and 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1601 

(B) legislation to improve the safe transport of crude 

oil. 

SEC. 7310. HAZARDOUS MATERIALS BY RAIL LIABILITY STUDY. 

(a) IN GENERAL.—Not later than 120 days after the date of 

enactment of this Act, the Secretary shall initiate a study on the 

levels and structure of insurance for railroad carriers transporting 

hazardous materials. 

(b) CONTENTS.—ln conducting the study under subsection (a), 

the Secretary shall evaluate— 

(1) the level and structure of insurance, including selfinsurance, available in the private market against the full 

liability potential for damages arising from an accident or 

incident involving a train transporting hazardous materials; 

(2) the level and structure of insurance that would be 

necessary and appropriate— 

(A) to efficiently allocate risk and financial responsibility for claims; and 

(B) to ensure that a railroad carrier transporting hazardous materials can continue to operate despite the risk 

of an accident or incident; and 

(3) the potential applicability, for a train transporting hazardous materials, of an alternative insurance model, 

including— 

(A) a secondary liability coverage pool or pools to 

supplement commercial insurance; and 

(B) other models administered by the Federal Government. 

(c) REPORT.—Not later than 1 year after the date the study 

under subsection (a) is initiated, the Secretary shall submit a report 

containing the results of the study and recommendations for 

addressing liability issues with rail transportation of hazardous 

materials to— 

(1) the Committee on Commerce, Science, and Transportation of the Senate; and 

(2) the Committee on Transportation and Infrastructure 

of the House of Representatives. 

(d) DEFINITIONS.—ln this section: 

(1) HAZARDOUS MATERIAL.—The term ‘‘hazardous material’’ 

means a substance or material the Secretary designates as 

hazardous under section 5103 of title 49, United States Code. 

(2) RAILROAD CARRIER.—The term ‘‘railroad carrier’’ has 

the meaning given the term in section 20102 of title 49, United 

States Code. 

SEC. 7311. STUDY AND TESTING OF ELECTRONICALLY CONTROLLED 

PNEUMATIC BRAKES. 

(a) GOVERNMENT ACCOUNTABILITY OFFICE STUDY.— 

(1) IN GENERAL.—The Comptroller General of the United 

States shall conduct an independent evaluation of ECP brake 

systems, pilot program data, and the Department’s research 

and analysis on the costs, benefits, and effects of ECP brake 

systems. 

(2) STUDY ELEMENTS.—In completing the independent 

evaluation under paragraph (1), the Comptroller General shall 

examine the following issues related to ECP brake systems: 

49 USC 20141 

note. 


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129 STAT. 1602 PUBLIC LAW 114–94—DEC. 4, 2015 

(A) Data and modeling results on safety benefits relative to conventional brakes and to other braking technologies or systems, such as distributed power and 2-way 

end-of-train devices. 

(B) Data and modeling results on business benefits, 

including the effects of dynamic braking. 

(C) Data on costs, including up-front capital costs and 

on-going maintenance costs. 

(D) Analysis of potential operational benefits and challenges, including the effects of potential locomotive and 

car segregation, technical reliability issues, and network 

disruptions. 

(E) Analysis of potential implementation challenges, 

including installation time, positive train control integration complexities, component availability issues, and tank 

car shop capabilities. 

(F) Analysis of international experiences with the use 

of advanced braking technologies. 

(3) REPORT.—Not later than 18 months after the date of 

enactment of this Act, the Comptroller General shall transmit 

to the Committee on Transportation and Infrastructure of the 

House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate a report on the 

results of the independent evaluation under paragraph (1). 

(b) EMERGENCY BRAKING APPLICATION TESTING.— 

(1) IN GENERAL.—The Secretary shall enter into an agreement with the National Academy of Sciences to— 

(A) complete testing of ECP brake systems during 

emergency braking application, including more than 1 scenario involving the uncoupling of a train with 70 or more 

DOT–117 specification or DOT–117R specification tank 

cars; and 

(B) transmit, not later than 18 months after the date 

of enactment of this Act, to the Committee on Transportation and Infrastructure of the House of Representatives 

and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the testing. 

(2) INDEPENDENT EXPERTS.—In completing the testing 

under paragraph (1)(A), the National Academy of Sciences may 

contract with 1 or more engineering or rail experts, as appropriate, that— 

(A) are not railroad carriers, entities funded by such 

carriers, or entities directly impacted by the final rule 

issued on May 8, 2015, entitled ‘‘Enhanced Tank Car Standards and Operational Controls for High-Hazard Flammable 

Trains’’ (80 Fed. Reg. 26643); and 

(B) have relevant experience in conducting railroad 

safety technology tests or similar crash tests. 

(3) TESTING FRAMEWORK.—In completing the testing under 

paragraph (1), the National Academy of Sciences and each 

contractor described in paragraph (2) shall ensure that the 

testing objectively, accurately, and reliably measures the 

performance of ECP brake systems relative to other braking 

technologies or systems, such as distributed power and 2-way 

end-of-train devices, including differences in— 

(A) the number of cars derailed; 

(B) the number of cars punctured; 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1603 

(C) the measures of in-train forces; and 

(D) the stopping distance. 

(4) FUNDING.—The Secretary shall provide funding, as part 

of the agreement under paragraph (1), to the National Academy 

of Sciences for the testing required under this section— 

(A) using sums made available to carry out sections 

20108 and 5118 of title 49, United States Code; and 

(B) to the extent funding under subparagraph (A) is 

insufficient or unavailable to fund the testing required 

under this section, using such sums as are necessary from 

the amounts appropriated to the Secretary, the Federal 

Railroad Administration, or the Pipeline and Hazardous 

Materials Safety Administration, or a combination thereof. 

(5) EQUIPMENT.— 

(A) RECEIPT.—The National Academy of Sciences and 

each contractor described in paragraph (2) may receive 

or use rolling stock, track, and other equipment or infrastructure from a railroad carrier or other private entity 

for the purposes of conducting the testing required under 

this section. 

(B) CONTRACTED USE.—Notwithstanding paragraph 

(2)(A), to facilitate testing, the National Academy of 

Sciences and each contractor may contract with a railroad 

carrier or any other private entity for the use of such 

carrier or entity’s rolling stock, track, or other equipment 

and receive technical assistance on their use. 

(c) EVIDENCE-BASED APPROACH.— 

(1) ANALYSIS.—The Secretary shall— 

(A) not later than 90 days after the report date, fully 

incorporate the results of the evaluation under subsection 

(a) and the testing under subsection (b) and update the 

regulatory impact analysis of the final rule described in 

subsection (b)(2)(A) of the costs, benefits, and effects of 

the applicable ECP brake system requirements; 

(B) as soon as practicable after completion of the 

updated analysis under subparagraph (A), solicit public 

comment in the Federal Register on the analysis for a 

period of not more than 30 days; and 

(C) not later than 60 days after the end of the public 

comment period under subparagraph (B), post the final 

updated regulatory impact analysis on the Department of 

Transportation’s Internet Web site. 

(2) DETERMINATION.—Not later than 2 years after the date 

of enactment of this Act, the Secretary shall— 

(A) determine, based on whether the final regulatory 

impact analysis described in paragraph (1)(C) demonstrates 

that the benefits, including safety benefits, of the applicable 

ECP brake system requirements exceed the costs of such 

requirements, whether the applicable ECP brake system 

requirements are justified; 

(B) if the applicable ECP brake system requirements 

are justified, publish in the Federal Register the determination and reasons for such determination; and 

(C) if the Secretary does not publish the determination 

under subparagraph (B), repeal the applicable ECP brake 

system requirements. 


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129 STAT. 1604 PUBLIC LAW 114–94—DEC. 4, 2015 

(3) SAVINGS CLAUSE.—Nothing in this section shall be construed to prohibit the Secretary from implementing the final 

rule described under subsection (b)(2)(A) prior to the determination required under subsection (c)(2) of this section, or require 

the Secretary to promulgate a new rule on the provisions of 

such final rule, other than on the applicable ECP brake system 

requirements, if the Secretary does not determine that the 

applicable ECP brake system requirements are justified pursuant to this subsection. 

(d) DEFINITIONS.—In this section, the following definitions 

apply: 

(1) APPLICABLE ECP BRAKE SYSTEM REQUIREMENTS.—The 

term ‘‘applicable ECP brake system requirements’’ means sections 174.310(a)(3)(ii), 174.310(a)(3)(iii), 174.310(a)(5)(v), 

179.202–10, 179.202–12(g), and 179.202–13(i) of title 49, Code 

of Federal Regulations, and any other regulation in effect on 

the date of enactment of this Act requiring the installation 

of ECP brakes or operation in ECP brake mode. 

(2) CLASS 3 FLAMMABLE LIQUID.—The term ‘‘Class 3 flammable liquid’’ has the meaning given the term flammable liquid 

in section 173.120(a) of title 49, Code of Federal Regulations. 

(3) ECP.—The term ‘‘ECP’’ means electronically controlled 

pneumatic when applied to a brake or brakes. 

(4) ECP BRAKE MODE.—The term ‘‘ECP brake mode’’ 

includes any operation of a rail car or an entire train using 

an ECP brake system. 

(5) ECP BRAKE SYSTEM.— 

(A) IN GENERAL.—The term ‘‘ECP brake system’’ means 

a train power braking system actuated by compressed air 

and controlled by electronic signals from the locomotive 

or an ECP–EOT to the cars in the consist for service 

and emergency applications in which the brake pipe is 

used to provide a constant supply of compressed air to 

the reservoirs on each car but does not convey braking 

signals to the car. 

(B) INCLUSIONS.—The term ‘‘ECP brake system’’ 

includes dual mode and stand-alone ECP brake systems. 

(6) RAILROAD CARRIER.—The term ‘‘railroad carrier’’ has 

the meaning given the term in section 20102 of title 49, United 

States Code. 

(7) REPORT DATE.—The term ‘‘report date’’ means the date 

that the reports under subsections (a)(3) and (b)(1)(B) are 

required to be transmitted pursuant to those subsections. 

TITLE VIII—MULTIMODAL FREIGHT 

TRANSPORTATION 

SEC. 8001. MULTIMODAL FREIGHT TRANSPORTATION. 

(a) IN GENERAL.—Subtitle IX of title 49, United States Code, 

is amended to read as follows: 

49 USC 

prec. 70101. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1605 

‘‘Subtitle IX—Multimodal Freight 

Transportation 

‘‘Chapter Sec. 

‘‘701. Multimodal freight policy ............................................................................ 70101 

‘‘702. Multimodal freight transportation planning and information ................. 70201 

‘‘CHAPTER 701—MULTIMODAL FREIGHT POLICY 

‘‘Sec. 

‘‘70101. National multimodal freight policy. 

‘‘70102. National freight strategic plan. 

‘‘70103. National Multimodal Freight Network. 

‘‘§ 70101. National multimodal freight policy 

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

maintain and improve the condition and performance of the 

National Multimodal Freight Network established under section 

70103 to ensure that the Network provides a foundation for the 

United States to compete in the global economy and achieve the 

goals described in subsection (b). 

‘‘(b) GOALS.—The goals of the national multimodal freight policy 

are— 

‘‘(1) to identify infrastructure improvements, policies, and 

operational innovations that— 

‘‘(A) strengthen the contribution of the National 

Multimodal Freight Network to the economic competitiveness of the United States; 

‘‘(B) reduce congestion and eliminate bottlenecks on 

the National Multimodal Freight Network; and 

‘‘(C) increase productivity, particularly for domestic 

industries and businesses that create high-value jobs; 

‘‘(2) to improve the safety, security, efficiency, and resiliency 

of multimodal freight transportation; 

‘‘(3) to achieve and maintain a state of good repair on 

the National Multimodal Freight Network; 

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

the safety, efficiency, and reliability of the National Multimodal 

Freight Network; 

‘‘(5) to improve the economic efficiency and productivity 

of the National Multimodal Freight Network; 

‘‘(6) to improve the reliability of freight transportation; 

‘‘(7) to improve the short- and long-distance movement 

of goods that— 

‘‘(A) travel across rural areas between population centers; 

‘‘(B) travel between rural areas and population centers; 

and 

‘‘(C) travel from the Nation’s ports, airports, and gateways to the National Multimodal Freight Network; 

‘‘(8) to improve the flexibility of States to support multiState corridor planning and the creation of multi-State 

organizations to increase the ability of States to address 

multimodal freight connectivity; 

‘‘(9) to reduce the adverse environmental impacts of freight 

movement on the National Multimodal Freight Network; and 

49 USC 70101. 


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129 STAT. 1606 PUBLIC LAW 114–94—DEC. 4, 2015 

‘‘(10) to pursue the goals described in this subsection in 

a manner that is not burdensome to State and local governments. 

‘‘(c) IMPLEMENTATION.—The Under Secretary of Transportation 

for Policy, who shall be responsible for the oversight and 

implementation of the national multimodal freight policy, shall— 

‘‘(1) carry out sections 70102 and 70103; 

‘‘(2) assist with the coordination of modal freight planning; 

and 

‘‘(3) identify interagency data sharing opportunities to promote freight planning and coordination. 

‘‘§ 70102. National freight strategic plan 

‘‘(a) IN GENERAL.—Not later than 2 years after the date of 

enactment of this section, the Under Secretary of Transportation 

for Policy shall— 

‘‘(1) develop a national freight strategic plan in accordance 

with this section; and 

‘‘(2) publish the plan on the public Internet Web site of 

the Department of Transportation. 

‘‘(b) CONTENTS.—The national freight strategic plan shall 

include— 

‘‘(1) an assessment of the condition and performance of 

the National Multimodal Freight Network established under 

section 70103; 

‘‘(2) forecasts of freight volumes for the succeeding 5-, 10- 

, and 20-year periods; 

‘‘(3) an identification of major trade gateways and national 

freight corridors that connect major population centers, trade 

gateways, and other major freight generators; 

‘‘(4) an identification of bottlenecks on the National 

Multimodal Freight Network that create significant freight 

congestion, based on a quantitative methodology developed by 

the Under Secretary, which shall include, at a minimum— 

‘‘(A) information from the Freight Analysis Framework 

of the Federal Highway Administration; and 

‘‘(B) to the maximum extent practicable, an estimate 

of the cost of addressing each bottleneck and any operational improvements that could be implemented; 

‘‘(5) an assessment of statutory, regulatory, technological, 

institutional, financial, and other barriers to improved freight 

transportation performance, and a description of opportunities 

for overcoming the barriers; 

‘‘(6) a process for addressing multistate projects and encouraging jurisdictions to collaborate; 

‘‘(7) strategies to improve freight intermodal connectivity; 

‘‘(8) an identification of corridors providing access to energy 

exploration, development, installation, or production areas; 

‘‘(9) an identification of corridors providing access to major 

areas for manufacturing, agriculture, or natural resources; 

‘‘(10) an identification of best practices for improving the 

performance of the National Multimodal Freight Network, 

including critical commerce corridors and rural and urban 

access to critical freight corridors; and 

‘‘(11) an identification of best practices to mitigate the 

impacts of freight movement on communities. 

49 USC 70102. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1607 

‘‘(c) UPDATES.—Not later than 5 years after the date of completion of the national freight strategic plan under subsection (a), 

and every 5 years thereafter, the Under Secretary shall update 

the plan and publish the updated plan on the public Internet 

Web site of the Department of Transportation. 

‘‘(d) CONSULTATION.—The Under Secretary shall develop and 

update the national freight strategic plan— 

‘‘(1) after providing notice and an opportunity for public 

comment; and 

‘‘(2) in consultation with State departments of transportation, metropolitan planning organizations, and other appropriate public and private transportation stakeholders. 

‘‘§ 70103. National Multimodal Freight Network 

‘‘(a) IN GENERAL.—The Under Secretary of Transportation for 

Policy shall establish a National Multimodal Freight Network in 

accordance with this section— 

‘‘(1) to assist States in strategically directing resources 

toward improved system performance for the efficient movement of freight on the Network; 

‘‘(2) to inform freight transportation planning; 

‘‘(3) to assist in the prioritization of Federal investment; 

and 

‘‘(4) to assess and support Federal investments to achieve 

the national multimodal freight policy goals described in section 

70101(b) of this title and the national highway freight program 

goals described in section 167 of title 23. 

‘‘(b) INTERIM NETWORK.— 

‘‘(1) IN GENERAL.—Not later than 180 days after the date 

of enactment of this section, the Under Secretary shall establish 

an interim National Multimodal Freight Network in accordance 

with this subsection. 

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

Multimodal Freight Network shall include— 

‘‘(A) the National Highway Freight Network, as established under section 167 of title 23; 

‘‘(B) the freight rail systems of Class I railroads, as 

designated by the Surface Transportation Board; 

‘‘(C) the public ports of the United States that have 

total annual foreign and domestic trade of at least 

2,000,000 short tons, as identified by the Waterborne Commerce Statistics Center of the Army Corps of Engineers, 

using the data from the latest year for which such data 

is available; 

‘‘(D) the inland and intracoastal waterways of the 

United States, as described in section 206 of the Inland 

Waterways Revenue Act of 1978 (33 U.S.C. 1804); 

‘‘(E) the Great Lakes, the St. Lawrence Seaway, and 

coastal and ocean routes along which domestic freight is 

transported; 

‘‘(F) the 50 airports located in the United States with 

the highest annual landed weight, as identified by the 

Federal Aviation Administration; and 

‘‘(G) other strategic freight assets, including strategic 

intermodal facilities and freight rail lines of Class II and 

Class III railroads, designated by the Under Secretary 

as critical to interstate commerce. 

49 USC 70103. 


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129 STAT. 1608 PUBLIC LAW 114–94—DEC. 4, 2015 

‘‘(c) FINAL NETWORK.— 

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

of enactment of this section, the Under Secretary, after soliciting input from stakeholders, including multimodal freight 

system users, transportation providers, metropolitan planning 

organizations, local governments, ports, airports, railroads, and 

States, through a public process to identify critical freight facilities and corridors, including critical commerce corridors, that 

are vital to achieve the national multimodal freight policy goals 

described in section 70101(b) of this title and the national 

highway freight program goals described in section 167 of title 

23, and after providing notice and an opportunity for comment 

on a draft system, shall designate a National Multimodal 

Freight Network with the goal of— 

‘‘(A) improving network and intermodal connectivity; 

and 

‘‘(B) using measurable data as part of the assessment 

of the significance of freight movement, including the 

consideration of points of origin, destinations, and linking 

components of domestic and international supply chains. 

‘‘(2) FACTORS.—In designating or redesignating the 

National Multimodal Freight Network, the Under Secretary 

shall consider— 

‘‘(A) origins and destinations of freight movement 

within, to, and from the United States; 

‘‘(B) volume, value, tonnage, and the strategic importance of freight; 

‘‘(C) access to border crossings, airports, seaports, and 

pipelines; 

‘‘(D) economic factors, including balance of trade; 

‘‘(E) access to major areas for manufacturing, agriculture, or natural resources; 

‘‘(F) access to energy exploration, development, 

installation, and production areas; 

‘‘(G) intermodal links and intersections that promote 

connectivity; 

‘‘(H) freight choke points and other impediments 

contributing to significant measurable congestion, delay 

in freight movement, or inefficient modal connections; 

‘‘(I) impacts on all freight transportation modes and 

modes that share significant freight infrastructure; 

‘‘(J) facilities and transportation corridors identified 

by a multi-State coalition, a State, a State freight advisory 

committee, or a metropolitan planning organization, using 

national or local data, as having critical freight importance 

to the region; 

‘‘(K) major distribution centers, inland intermodal 

facilities, and first- and last-mile facilities; and 

‘‘(L) the significance of goods movement, including 

consideration of global and domestic supply chains. 

‘‘(3) CONSIDERATIONS.—In designating or redesignating the 

National Multimodal Freight Network, the Under Secretary 

shall— 

‘‘(A) use, to the extent practicable, measurable data 

to assess the significance of goods movement, including 

the consideration of points of origin, destinations, and 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1609 

linking components of the United States global and 

domestic supply chains; 

‘‘(B) consider— 

‘‘(i) the factors described in paragraph (2); and 

‘‘(ii) any changes in the economy that affect freight 

transportation network demand; and 

‘‘(C) provide the States with an opportunity to submit 

proposed designations in accordance with paragraph (4). 

‘‘(4) STATE INPUT.— ‘‘(A) IN GENERAL.—Each State that proposes additional 

designations for the National Multimodal Freight Network 

shall— 

‘‘(i) consider nominations for additional designations from metropolitan planning organizations and 

State freight advisory committees, as applicable, within 

the State; 

‘‘(ii) consider nominations for additional designations from owners and operators of port, rail, pipeline, 

and airport facilities; and 

‘‘(iii) ensure that additional designations are consistent with the State transportation improvement program or freight plan. 

‘‘(B) CRITICAL RURAL FREIGHT FACILITIES AND CORRIDORS.—As part of the designations under subparagraph 

(A), a State may designate a freight facility or corridor 

within the borders of the State as a critical rural freight 

facility or corridor if the facility or corridor— 

‘‘(i) is a rural principal arterial; 

‘‘(ii) provides access or service to energy exploration, development, installation, or production areas; 

‘‘(iii) provides access or service to— 

‘‘(I) a grain elevator; 

‘‘(II) an agricultural facility; 

‘‘(III) a mining facility; 

‘‘(IV) a forestry facility; or 

‘‘(V) an intermodal facility; 

‘‘(iv) connects to an international port of entry; 

‘‘(v) provides access to a significant air, rail, water, 

or other freight facility in the State; or 

‘‘(vi) has been determined by the State to be vital 

to improving the efficient movement of freight of importance to the economy of the State. 

‘‘(C) LIMITATION.— 

‘‘(i) IN GENERAL.—A State may propose additional 

designations to the National Multimodal Freight Network in the State in an amount that is not more 

than 20 percent of the total mileage designated by 

the Under Secretary in the State. 

‘‘(ii) DETERMINATION BY UNDER SECRETARY.—The 

Under Secretary shall determine how to apply the 

limitation under clause (i) to the components of the 

National Multimodal Freight Network. 

‘‘(D) SUBMISSION AND CERTIFICATION.—A State shall 

submit to the Under Secretary— 

‘‘(i) a list of any additional designations proposed 

to be added under this paragraph; and 

‘‘(ii) a certification that— 


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129 STAT. 1610 PUBLIC LAW 114–94—DEC. 4, 2015 

‘‘(I) the State has satisfied the requirements 

of subparagraph (A); and 

‘‘(II) the designations referred to in clause (i) 

address the factors for designation described in 

this subsection. 

‘‘(d) REDESIGNATION OF NATIONAL MULTIMODAL FREIGHT NET- WORK.—Not later than 5 years after the initial designation under 

subsection (c), and every 5 years thereafter, the Under Secretary, 

using the designation factors described in subsection (c), shall 

redesignate the National Multimodal Freight Network. 

‘‘CHAPTER 702—MULTIMODAL FREIGHT 

TRANSPORTATION PLANNING AND INFORMATION 

‘‘Sec. 

‘‘70201. State freight advisory committees. 

‘‘70202. State freight plans. 

‘‘70203. Transportation investment data and planning tools. 

‘‘70204. Savings provision. 

‘‘§ 70201. State freight advisory committees 

‘‘(a) IN GENERAL.—The Secretary of Transportation shall 

encourage each State to establish a freight advisory committee 

consisting of a representative cross-section of public and private 

sector freight stakeholders, including representatives of ports, 

freight railroads, shippers, carriers, freight-related associations, 

third-party logistics providers, the freight industry workforce, the 

transportation department of the State, and local governments. 

‘‘(b) ROLE OF COMMITTEE.—A freight advisory committee of 

a State described in subsection (a) shall— 

‘‘(1) advise the State on freight-related priorities, issues, 

projects, and funding needs; 

‘‘(2) serve as a forum for discussion for State transportation 

decisions affecting freight mobility; 

‘‘(3) communicate and coordinate regional priorities with 

other organizations; 

‘‘(4) promote the sharing of information between the private 

and public sectors on freight issues; and 

‘‘(5) participate in the development of the freight plan of 

the State described in section 70202. 

‘‘§ 70202. State freight plans 

‘‘(a) IN GENERAL.—Each State that receives funding under section 167 of title 23 shall develop a freight plan that provides 

a comprehensive plan for the immediate and long-range planning 

activities and investments of the State with respect to freight. 

‘‘(b) PLAN CONTENTS.—A State freight plan described in subsection (a) shall include, at a minimum— 

‘‘(1) an identification of significant freight system trends, 

needs, and issues with respect to the State; 

‘‘(2) a description of the freight policies, strategies, and 

performance measures that will guide the freight-related 

transportation investment decisions of the State; 

‘‘(3) when applicable, a listing of— 

‘‘(A) multimodal critical rural freight facilities and corridors designated within the State under section 70103 

of this title; and 

49 USC 70202. 

49 USC 70201. 

49 USC 

prec. 70201. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1611 

‘‘(B) critical rural and urban freight corridors designated within the State under section 167 of title 23; 

‘‘(4) a description of how the plan will improve the ability 

of the State to meet the national multimodal freight policy 

goals described in section 70101(b) of this title and the national 

highway freight program goals described in section 167 of title 

23; 

‘‘(5) a description of how innovative technologies and operational strategies, including freight intelligent transportation 

systems, that improve the safety and efficiency of freight movement, were considered; 

‘‘(6) in the case of roadways on which travel by heavy 

vehicles (including mining, agricultural, energy cargo or equipment, and timber vehicles) is projected to substantially deteriorate the condition of the roadways, a description of improvements that may be required to reduce or impede the deterioration; 

‘‘(7) an inventory of facilities with freight mobility issues, 

such as bottlenecks, within the State, and for those facilities 

that are State owned or operated, a description of the strategies 

the State is employing to address the freight mobility issues; 

‘‘(8) consideration of any significant congestion or delay 

caused by freight movements and any strategies to mitigate 

that congestion or delay; 

‘‘(9) a freight investment plan that, subject to subsection 

(c)(2), includes a list of priority projects and describes how 

funds made available to carry out section 167 of title 23 would 

be invested and matched; and 

‘‘(10) consultation with the State freight advisory committee, if applicable. 

‘‘(c) RELATIONSHIP TO LONG-RANGE PLAN.— 

‘‘(1) INCORPORATION.—A State freight plan described in 

subsection (a) may be developed separately from or incorporated 

into the statewide strategic long-range transportation plan 

required by section 135 of title 23. 

‘‘(2) FISCAL CONSTRAINT.—The freight investment plan 

component of a freight plan shall include a project, or an 

identified phase of a project, only if funding for completion 

of the project can reasonably be anticipated to be available 

for the project within the time period identified in the freight 

investment plan. 

‘‘(d) PLANNING PERIOD.—A State freight plan described in subsection (a) shall address a 5-year forecast period. 

‘‘(e) UPDATES.— 

‘‘(1) IN GENERAL.—A State shall update a State freight 

plan described in subsection (a) not less frequently than once 

every 5 years. 

‘‘(2) FREIGHT INVESTMENT PLAN.—A State may update a 

freight investment plan described in subsection (b)(9) more 

frequently than is required under paragraph (1). 

‘‘§ 70203. Transportation investment data and planning tools 

‘‘(a) IN GENERAL.—Not later than 1 year after the date of 

enactment of this section, the Secretary of Transportation shall— 

‘‘(1) begin development of new tools and improvement of 

existing tools to support an outcome-oriented, performance49 USC 70203. 


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129 STAT. 1612 PUBLIC LAW 114–94—DEC. 4, 2015 

based approach to evaluate proposed freight-related and other 

transportation projects, including— 

‘‘(A) methodologies for systematic analysis of benefits 

and costs on a national or regional basis; 

‘‘(B) tools for ensuring that the evaluation of freightrelated and other transportation projects could consider 

safety, economic competitiveness, urban and rural access, 

environmental sustainability, and system condition in the 

project selection process; 

‘‘(C) improved methods for data collection and trend 

analysis; 

‘‘(D) encouragement of public-private collaboration to 

carry out data sharing activities while maintaining the 

confidentiality of all proprietary data; and 

‘‘(E) other tools to assist in effective transportation 

planning; 

‘‘(2) identify transportation-related model data elements 

to support a broad range of evaluation methods and techniques 

to assist in making transportation investment decisions; and 

‘‘(3) at a minimum, in consultation with other relevant 

Federal agencies, consider any improvements to existing freight 

flow data collection efforts that could reduce identified freight 

data gaps and deficiencies and help improve forecasts of freight 

transportation demand. 

‘‘(b) CONSULTATION.—The Secretary shall consult with Federal, 

State, and other stakeholders to develop, improve, and implement 

the tools and collect the data described in subsection (a). 

‘‘§ 70204. Savings provision 

‘‘Nothing in this subtitle provides additional authority to regulate or direct private activity on freight networks designated under 

this subtitle.’’. 

(b) CLERICAL AMENDMENT.—The analysis of subtitles for title 

49, United States Code, is amended by striking the item relating 

to subtitle IX and inserting the following: 

‘‘IX. Multimodal Freight Transportation .....................................................70101’’. 

TITLE IX—NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE BUREAU 

SEC. 9001. NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE 

FINANCE BUREAU. 

(a) IN GENERAL.—Chapter 1 of title 49, United States Code, 

is amended by adding at the end the following: 

‘‘§ 116. National Surface Transportation and Innovative 

Finance Bureau 

‘‘(a) ESTABLISHMENT.—The Secretary of Transportation shall 

establish a National Surface Transportation and Innovative Finance 

Bureau in the Department. 

‘‘(b) PURPOSES.—The purposes of the Bureau shall be— 

‘‘(1) to provide assistance and communicate best practices 

and financing and funding opportunities to eligible entities 

for the programs referred to in subsection (d)(1); 

49 USC 116. 

49 USC 

prec. 101. 

49 USC 70204. 


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‘‘(2) to administer the application processes for programs 

within the Department in accordance with subsection (d); 

‘‘(3) to promote innovative financing best practices in 

accordance with subsection (e); 

‘‘(4) to reduce uncertainty and delays with respect to 

environmental reviews and permitting in accordance with subsection (f); and 

‘‘(5) to reduce costs and risks to taxpayers in project 

delivery and procurement in accordance with subsection (g). 

‘‘(c) EXECUTIVE DIRECTOR.— 

‘‘(1) APPOINTMENT.—The Bureau shall be headed by an 

Executive Director, who shall be appointed in the competitive 

service by the Secretary, with the approval of the President. 

‘‘(2) DUTIES.—The Executive Director shall— 

‘‘(A) report to the Under Secretary of Transportation 

for Policy; 

‘‘(B) be responsible for the management and oversight 

of the daily activities, decisions, operations, and personnel 

of the Bureau; 

‘‘(C) support the Council on Credit and Finance established under section 117 in accordance with this section; 

and 

‘‘(D) carry out such additional duties as the Secretary 

may prescribe. 

‘‘(d) ADMINISTRATION OF CERTAIN APPLICATION PROCESSES.— 

‘‘(1) IN GENERAL.—The Bureau shall administer the application processes for the following programs: 

‘‘(A) The infrastructure finance programs authorized 

under chapter 6 of title 23. 

‘‘(B) The railroad rehabilitation and improvement 

financing program authorized under sections 501 through 

503 of the Railroad Revitalization and Regulatory Reform 

Act of 1976 (45 U.S.C. 821–823). 

‘‘(C) Amount allocations authorized under section 

142(m) of the Internal Revenue Code of 1986. 

‘‘(D) The nationally significant freight and highway 

projects program under section 117 of title 23. 

‘‘(2) CONGRESSIONAL NOTIFICATION.—The Executive 

Director shall ensure that the congressional notification 

requirements for each program referred to in paragraph (1) 

are followed in accordance with the statutory provisions 

applicable to the program. 

‘‘(3) REPORTS.—The Executive Director shall ensure that 

the reporting requirements for each program referred to in 

paragraph (1) are followed in accordance with the statutory 

provisions applicable to the program. 

‘‘(4) COORDINATION.—In administering the application processes for the programs referred to in paragraph (1), the Executive Director shall coordinate with appropriate officials in the 

Department and its modal administrations responsible for 

administering such programs. 

‘‘(5) STREAMLINING APPROVAL PROCESSES.—Not later than 

1 year after the date of enactment of this section, the Executive 

Director shall submit to the Committee on Transportation and 


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129 STAT. 1614 PUBLIC LAW 114–94—DEC. 4, 2015 

Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Environment and Public Works of the Senate a 

report that— 

‘‘(A) evaluates the application processes for the programs referred to in paragraph (1); 

‘‘(B) identifies administrative and legislative actions 

that would improve the efficiency of the application processes without diminishing Federal oversight; and 

‘‘(C) describes how the Executive Director will implement administrative actions identified under subparagraph 

(B) that do not require an Act of Congress. 

‘‘(6) PROCEDURES AND TRANSPARENCY.— 

‘‘(A) PROCEDURES.—With respect to the programs 

referred to in paragraph (1), the Executive Director shall— 

‘‘(i) establish procedures for analyzing and evaluating applications and for utilizing the recommendations of the Council on Credit and Finance; 

‘‘(ii) establish procedures for addressing latearriving applications, as applicable, and communicating the Bureau’s decisions for accepting or 

rejecting late applications to the applicant and the 

public; and 

‘‘(iii) document major decisions in the application 

evaluation process through a decision memorandum 

or similar mechanism that provides a clear rationale 

for such decisions. 

‘‘(B) REVIEW.— 

‘‘(i) IN GENERAL.—The Comptroller General of the 

United States shall review the compliance of the Executive Director with the requirements of this paragraph. 

‘‘(ii) RECOMMENDATIONS.—The Comptroller General may make recommendations to the Executive 

Director in order to improve compliance with the 

requirements of this paragraph. 

‘‘(iii) REPORT.—Not later than 3 years after the 

date of enactment of this section, the Comptroller General shall submit to the Committee on Transportation 

and Infrastructure of the House of Representatives 

and the Committee on Environment and Public Works, 

the Committee on Banking, Housing, and Urban 

Affairs, and the Committee on Commerce, Science, and 

Transportation of the Senate a report on the results 

of the review conducted under clause (i), including 

findings and recommendations for improvement. 

‘‘(e) INNOVATIVE FINANCING BEST PRACTICES.— 

‘‘(1) IN GENERAL.—The Bureau shall work with the modal 

administrations within the Department, eligible entities, and 

other public and private interests to develop and promote best 

practices for innovative financing and public-private partnerships. 

‘‘(2) ACTIVITIES.—The Bureau shall carry out paragraph 

(1)— 

‘‘(A) by making Federal credit assistance programs 

more accessible to eligible recipients; 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1615 

‘‘(B) by providing advice and expertise to eligible entities that seek to leverage public and private funding; 

‘‘(C) by sharing innovative financing best practices and 

case studies from eligible entities with other eligible entities that are interested in utilizing innovative financing 

methods; and 

‘‘(D) by developing and monitoring— 

‘‘(i) best practices with respect to standardized 

State public-private partnership authorities and practices, including best practices related to— 

‘‘(I) accurate and reliable assumptions for analyzing public-private partnership procurements; 

‘‘(II) procedures for the handling of unsolicited 

bids; 

‘‘(III) policies with respect to noncompete 

clauses; and 

‘‘(IV) other significant terms of public-private 

partnership procurements, as determined appropriate by the Bureau; 

‘‘(ii) standard contracts for the most common types 

of public-private partnerships for transportation facilities; and 

‘‘(iii) analytical tools and other techniques to aid 

eligible entities in determining the appropriate project 

delivery model, including a value for money analysis. 

‘‘(3) TRANSPARENCY.—The Bureau shall— 

‘‘(A) ensure the transparency of a project receiving 

credit assistance under a program referred to in subsection 

(d)(1) and procured as a public-private partnership by— 

‘‘(i) requiring the sponsor of the project to undergo 

a value for money analysis or a comparable analysis 

prior to deciding to advance the project as a publicprivate partnership; 

‘‘(ii) requiring the analysis required under subparagraph (A), and other key terms of the relevant publicprivate partnership agreement, to be made publicly 

available by the project sponsor at an appropriate time; 

‘‘(iii) not later than 3 years after the date of 

completion of the project, requiring the sponsor of the 

project to conduct a review regarding whether the private partner is meeting the terms of the relevant 

public-private partnership agreement; and 

‘‘(iv) providing a publicly available summary of 

the total level of Federal assistance in such project; 

and 

‘‘(B) develop guidance to implement this paragraph 

that takes into consideration variations in State and local 

laws and requirements related to public-private partnerships. 

‘‘(4) SUPPORT TO PROJECT SPONSORS.—At the request of 

an eligible entity, the Bureau shall provide technical assistance 

to the eligible entity regarding proposed public-private partnership agreements for transportation facilities, including assistance in performing a value for money analysis or comparable 

analysis. 

‘‘(f) ENVIRONMENTAL REVIEW AND PERMITTING.— 


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‘‘(1) IN GENERAL.—The Bureau shall take actions that are 

appropriate and consistent with the Department’s goals and 

policies to improve the delivery timelines for projects carried 

out under the programs referred to in subsection (d)(1). 

‘‘(2) ACTIVITIES.—The Bureau shall carry out paragraph 

(1)— 

‘‘(A) by serving as the Department’s liaison to the 

Council on Environmental Quality; 

‘‘(B) by coordinating efforts to improve the efficiency 

and effectiveness of the environmental review and permitting process; 

‘‘(C) by providing technical assistance and training to 

field and headquarters staff of Federal agencies on policy 

changes and innovative approaches to the delivery of 

projects; and 

‘‘(D) by identifying, developing, and tracking metrics 

for permit reviews and decisions by Federal agencies for 

projects under the National Environmental Policy Act of 

1969. 

‘‘(3) SUPPORT TO PROJECT SPONSORS.—At the request of 

an eligible entity that is carrying out a project under a program 

referred to in subsection (d)(1), the Bureau, in coordination 

with the appropriate modal administrations within the Department, shall provide technical assistance with regard to the 

compliance of the project with the requirements of the National 

Environmental Policy Act 1969 and relevant Federal environmental permits. 

‘‘(g) PROJECT PROCUREMENT.— 

‘‘(1) IN GENERAL.—The Bureau shall promote best practices 

in procurement for a project receiving assistance under a program referred to in subsection (d)(1) by developing, in coordination with modal administrations within the Department as 

appropriate, procurement benchmarks in order to ensure 

accountable expenditure of Federal assistance over the life cycle 

of the project. 

‘‘(2) PROCUREMENT BENCHMARKS.—To the maximum extent 

practicable, the procurement benchmarks developed under 

paragraph (1) shall— 

‘‘(A) establish maximum thresholds for acceptable 

project cost increases and delays in project delivery; 

‘‘(B) establish uniform methods for States to measure 

cost and delivery changes over the life cycle of a project; 

and 

‘‘(C) be tailored, as necessary, to various types of project 

procurements, including design-bid-build, design-build, and 

public-private partnerships. 

‘‘(3) DATA COLLECTION.—The Bureau shall— 

‘‘(A) collect information related to procurement benchmarks developed under paragraph (1), including project 

specific information detailed under paragraph (2); and 

‘‘(B) provide on a publicly accessible Internet Web site 

of the Department a report on the information collected 

under subparagraph (A). 

‘‘(h) ELIMINATION AND CONSOLIDATION OF DUPLICATIVE

OFFICES.— 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1617 

‘‘(1) ELIMINATION OF OFFICES.—The Secretary may eliminate any office within the Department if the Secretary determines that— 

‘‘(A) the purposes of the office are duplicative of the 

purposes of the Bureau; and 

‘‘(B) the elimination of the office does not adversely 

affect the obligations of the Secretary under any Federal 

law. 

‘‘(2) CONSOLIDATION OF OFFICES AND OFFICE FUNCTIONS.— The Secretary may consolidate any office or office function 

within the Department into the Bureau that the Secretary 

determines has duties, responsibilities, resources, or expertise 

that support the purposes of the Bureau. 

‘‘(3) STAFFING AND BUDGETARY RESOURCES.— ‘‘(A) IN GENERAL.—The Secretary shall ensure that the 

Bureau is adequately staffed and funded. 

‘‘(B) STAFFING.—The Secretary may transfer to the 

Bureau a position within the Department from any office 

that is eliminated or consolidated under this subsection 

if the Secretary determines that the position is necessary 

to carry out the purposes of the Bureau. 

‘‘(C) SAVINGS PROVISION.—If the Secretary transfers 

a position to the Bureau under subparagraph (B), the Secretary, in coordination with the appropriate modal administration, shall ensure that the transfer of the position does 

not adversely affect the obligations of the modal administration under any Federal law. 

‘‘(D) BUDGETARY RESOURCES.— 

‘‘(i) TRANSFER OF FUNDS FROM ELIMINATED OR

CONSOLIDATED OFFICES.—During the 2-year period 

beginning on the date of enactment of this section, 

the Secretary may transfer to the Bureau funds allocated to any office or office function that is eliminated 

or consolidated under this subsection to carry out the 

purposes of the Bureau. 

‘‘(ii) TRANSFER OF FUNDS ALLOCATED TO ADMINISTRATIVE COSTS.—During the 2-year period beginning 

on the date of enactment of this section, the Secretary 

may transfer to the Bureau funds allocated to the 

administrative costs of processing applications for the 

programs referred to in subsection (d)(1). 

‘‘(4) NOTIFICATION.—Not later than 90 days after the date 

of enactment of this section, and every 90 days thereafter, 

the Secretary shall notify the Committee on Transportation 

and Infrastructure of the House of Representatives and the 

Committee on Environment and Public Works, the Committee 

on Banking, Housing, and Urban Affairs, and the Committee 

on Commerce, Science, and Transportation of the Senate of— 

‘‘(A) the offices eliminated under paragraph (1) and 

the rationale for elimination of the offices; 

‘‘(B) the offices and office functions consolidated under 

paragraph (2) and the rationale for consolidation of the 

offices and office functions; 

‘‘(C) the actions taken under paragraph (3) and the 

rationale for taking such actions; and 

‘‘(D) any additional legislative actions that may be 

needed. 


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129 STAT. 1618 PUBLIC LAW 114–94—DEC. 4, 2015 

‘‘(i) SAVINGS PROVISIONS.— ‘‘(1) LAWS AND REGULATIONS.—Nothing in this section may 

be construed to change a law or regulation with respect to 

a program referred to in subsection (d)(1). 

‘‘(2) RESPONSIBILITIES.—Nothing in this section may be construed to abrogate the responsibilities of an agency, operating 

administration, or office within the Department otherwise 

charged by a law or regulation with other aspects of program 

administration, oversight, or project approval or implementation for the programs and projects subject to this section. 

‘‘(3) APPLICABILITY.—Nothing in this section may be construed to affect any pending application under 1 or more of 

the programs referred to in subsection (d)(1) that was received 

by the Secretary on or before the date of enactment of this 

section. 

‘‘(j) DEFINITIONS.—In this section, the following definitions 

apply: 

‘‘(1) BUREAU.—The term ‘Bureau’ means the National Surface Transportation and Innovative Finance Bureau of the 

Department. 

‘‘(2) DEPARTMENT.—The term ‘Department’ means the 

Department of Transportation. 

‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible entity’ means an 

eligible applicant receiving financial or credit assistance under 

1 or more of the programs referred to in subsection (d)(1). 

‘‘(4) EXECUTIVE DIRECTOR.—The term ‘Executive Director’ 

means the Executive Director of the Bureau. 

‘‘(5) MULTIMODAL PROJECT.—The term ‘multimodal project’ 

means a project involving the participation of more than 1 

modal administration or secretarial office within the Department. 

‘‘(6) PROJECT.—The term ‘project’ means a highway project, 

public transportation capital project, freight or passenger rail 

project, or multimodal project.’’. 

(b) CLERICAL AMENDMENT.—The analysis for such chapter is 

amended by adding at the end the following: 

‘‘116. National Surface Transportation and Innovative Finance Bureau.’’. 

SEC. 9002. COUNCIL ON CREDIT AND FINANCE. 

(a) IN GENERAL.—Chapter 1 of title 49, United States Code, 

as amended by this Act, is further amended by adding at the 

end the following: 

‘‘§ 117. Council on Credit and Finance 

‘‘(a) ESTABLISHMENT.—The Secretary of Transportation shall 

establish a Council on Credit and Finance in accordance with this 

section. 

‘‘(b) MEMBERSHIP.— 

‘‘(1) IN GENERAL.—The Council shall be composed of the 

following members: 

‘‘(A) The Deputy Secretary of Transportation. 

‘‘(B) The Under Secretary of Transportation for Policy. 

‘‘(C) The Chief Financial Officer and Assistant Secretary for Budget and Programs. 

‘‘(D) The General Counsel of the Department of 

Transportation. 

‘‘(E) The Assistant Secretary for Transportation Policy. 

49 USC 117. 

49 USC 101. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1619 

‘‘(F) The Administrator of the Federal Highway 

Administration. 

‘‘(G) The Administrator of the Federal Transit Administration. 

‘‘(H) The Administrator of the Federal Railroad 

Administration. 

‘‘(2) ADDITIONAL MEMBERS.—The Secretary may designate 

up to 3 additional officials of the Department to serve as 

at-large members of the Council. 

‘‘(3) CHAIRPERSON AND VICE CHAIRPERSON.— ‘‘(A) CHAIRPERSON.—The Deputy Secretary of 

Transportation shall serve as the chairperson of the 

Council. 

‘‘(B) VICE CHAIRPERSON.—The Chief Financial Officer 

and Assistant Secretary for Budget and Programs shall 

serve as the vice chairperson of the Council. 

‘‘(4) EXECUTIVE DIRECTOR.—The Executive Director of the 

National Surface Transportation and Innovative Finance 

Bureau shall serve as a nonvoting member of the Council. 

‘‘(c) DUTIES.—The Council shall— 

‘‘(1) review applications for assistance submitted under the 

programs referred to in subparagraphs (A), (B), and (C) of 

section 116(d)(1); 

‘‘(2) review applications for assistance submitted under the 

program referred to in section 116(d)(1)(D), as determined 

appropriate by the Secretary; 

‘‘(3) make recommendations to the Secretary regarding the 

selection of projects to receive assistance under such programs; 

‘‘(4) review, on a regular basis, projects that received assistance under such programs; and 

‘‘(5) carry out such additional duties as the Secretary may 

prescribe.’’. 

(b) CLERICAL AMENDMENT.—The analysis for such chapter is 

further amended by adding at the end the following: 

‘‘117. Council on Credit and Finance.’’. 

TITLE X—SPORT FISH RESTORATION 

AND RECREATIONAL BOATING SAFETY 

SEC. 10001. ALLOCATIONS. 

(a) AUTHORIZATION.—Section 3 of the Dingell-Johnson Sport 

Fish Restoration Act (16 U.S.C. 777b) is amended by striking ‘‘57 

percent’’ and inserting ‘‘58.012 percent’’. 

(b) IN GENERAL.—Section 4 of the Dingell-Johnson Sport Fish 

Restoration Act (16 U.S.C. 777c) is amended— 

(1) in subsection (a)— 

(A) in the matter preceding paragraph (1)— 

(i) by striking ‘‘For each’’ and all that follows 

through ‘‘the balance’’ and inserting ‘‘For each fiscal 

year through fiscal year 2021, the balance’’; and 

(ii) by striking ‘‘multistate conservation grants 

under section 14’’ and inserting ‘‘activities under section 14(e)’’; 

(B) in paragraph (1), by striking ‘‘18.5 percent’’ and 

inserting ‘‘18.673 percent’’; 

49 USC 

prec. 101. 


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129 STAT. 1620 PUBLIC LAW 114–94—DEC. 4, 2015 

(C) in paragraph (2) by striking ‘‘18.5 percent’’ and 

inserting ‘‘17.315 percent’’; 

(D) by striking paragraphs (3) and (4); 

(E) by redesignating paragraph (5) as paragraph (4); 

and 

(F) by inserting after paragraph (2) the following: 

‘‘(3) BOATING INFRASTRUCTURE IMPROVEMENT.— 

‘‘(A) IN GENERAL.—An amount equal to 4 percent to 

the Secretary of the Interior for qualified projects under 

section 5604(c) of the Clean Vessel Act of 1992 (33 U.S.C. 

1322 note) and section 7404(d) of the Sportfishing and 

Boating Safety Act of 1998 (16 U.S.C. 777g–1(d)). 

‘‘(B) LIMITATION.—Not more than 75 percent of the 

amount under subparagraph (A) shall be available for 

projects under either of the sections referred to in subparagraph (A).’’; 

(2) in subsection (b)— 

(A) in paragraph (1)(A) by striking ‘‘for each’’ and all 

that follows through ‘‘the Secretary’’ and inserting ‘‘for 

each fiscal year through fiscal year 2021, the Secretary’’; 

(B) by redesignating paragraph (2) as paragraph (3); 

(C) by inserting after paragraph (1) the following: 

‘‘(2) SET-ASIDE FOR COAST GUARD ADMINISTRATION.— 

‘‘(A) IN GENERAL.—From the annual appropriation 

made in accordance with section 3, for each of fiscal years 

2016 through 2021, the Secretary of the department in 

which the Coast Guard is operating may use no more 

than the amount specified in subparagraph (B) for the 

fiscal year for the purposes set forth in section 13107(c) 

of title 46, United States Code. The amount specified in 

subparagraph (B) for a fiscal year may not be included 

in the amount of the annual appropriation distributed 

under subsection (a) for the fiscal year. 

‘‘(B) AVAILABLE AMOUNTS.—The available amount 

referred to in subparagraph (A) is— 

‘‘(i) for fiscal year 2016, $7,700,000; and 

‘‘(ii) for fiscal year 2017 and each fiscal year thereafter, the sum of— 

‘‘(I) the available amount for the preceding 

fiscal year; and 

‘‘(II) the amount determined by multiplying— 

‘‘(aa) the available amount for the preceding fiscal year; and 

‘‘(bb) the change, relative to the preceding 

fiscal year, in the Consumer Price Index for 

All Urban Consumers published by the 

Department of Labor.’’; and 

(D) in paragraph (3), as so redesignated— 

(i) in subparagraph (A), by striking ‘‘until the end 

of the fiscal year.’’ and inserting ‘‘until the end of 

the subsequent fiscal year.’’; and 

(ii) in subparagraph (B) by striking ‘‘under subsection (e)’’ and inserting ‘‘under subsection (c)’’; 

(3) in subsection (c)— 

(A) by striking ‘‘(c) The Secretary’’ and inserting ‘‘(c)(1) 

The Secretary,’’; 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1621 

(B) by striking ‘‘grants under section 14 of this title’’ 

and inserting ‘‘activities under section 14(e)’’; 

(C) by striking ‘‘57 percent’’ and inserting ‘‘58.012 percent’’; and 

(D) by adding at the end the following: 

‘‘(2) The Secretary shall deduct from the amount to be apportioned under paragraph (1) the amounts used for grants under 

section 14(a).’’; and 

(4) in subsection (e)(1), by striking ‘‘those subsections,’’ 

and inserting ‘‘those paragraphs,’’. 

(c) SUBMISSION AND APPROVAL OF PLANS AND PROJECTS.—Section 6(d) of the Dingell-Johnson Sport Fish Restoration Act (16 

U.S.C. 777e(d)) is amended by striking ‘‘for appropriations’’ and 

inserting ‘‘from appropriations’’. 

(d) UNEXPENDED OR UNOBLIGATED FUNDS.—Section 8(b)(2) of 

the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 

777g(b)(2)) is amended by striking ‘‘57 percent’’ and inserting 

‘‘58.012 percent’’. 

(e) COOPERATION.—Section 12 of the Dingell-Johnson Sport Fish 

Restoration Act (16 U.S.C. 777k) is amended— 

(1) by striking ‘‘57 percent’’ and inserting ‘‘58.012 percent’’; 

and 

(2) by striking ‘‘under section 4(b)’’ and inserting ‘‘under 

section 4(c)’’. 

(f) OTHER ACTIVITIES.—Section 14 of the Dingell-Johnson Sport 

Fish Restoration Act (16 U.S.C. 777m) is amended— 

(1) in subsection (a)(1), by striking ‘‘of each annual appropriation made in accordance with the provisions of section 

3’’; and 

(2) in subsection (e)— 

(A) in the matter preceding paragraph (1) by striking 

‘‘Of amounts made available under section 4(b) for each 

fiscal year—’’ and inserting ‘‘Not more than $1,200,000 

of each annual appropriation made in accordance with the 

provisions of section 3 shall be distributed to the Secretary 

of the Interior for use as follows:’’; and 

(B) in paragraph (1)(D) by striking ‘‘; and’’ and 

inserting a period. 

(g) REPEAL.—The Dingell-Johnson Sport Fish Restoration Act 

(16 U.S.C. 777 et seq.) is amended— 

(1) by striking section 15; and 

(2) by redesignating section 16 as section 15. 

SEC. 10002. RECREATIONAL BOATING SAFETY. 

Section 13107 of title 46, United States Code, is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘(1) Subject to paragraph (2) and subsection (c),’’ and inserting ‘‘Subject to subsection (c),’’; 

(B) by striking ‘‘the sum of (A) the amount made available from the Boat Safety Account for that fiscal year 

under section 15 of the Dingell-Johnson Sport Fish Restoration Act and (B)’’; and 

(C) by striking paragraph (2); and 

(2) in subsection (c)— 

(A) by striking the subsection designation and paragraph (1) and inserting the following: 

16 USC 777 note. 


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129 STAT. 1622 PUBLIC LAW 114–94—DEC. 4, 2015 

‘‘(c)(1)(A) The Secretary may use amounts made available each 

fiscal year under section 4(b)(2) of the Dingell-Johnson Sport Fish 

Restoration Act (16 U.S.C. 777c(b)(2)) for payment of expenses 

of the Coast Guard for investigations, personnel, and activities 

directly related to— 

‘‘(i) administering State recreational boating safety programs under this chapter; or 

‘‘(ii) coordinating or carrying out the national recreational 

boating safety program under this title. 

‘‘(B) Of the amounts used by the Secretary each fiscal year 

under subparagraph (A)— 

‘‘(i) not less than $2,100,000 is available to ensure compliance with chapter 43 of this title; and 

‘‘(ii) not more than $1,500,000 is available to conduct by 

grant or contract a survey of levels of recreational boating 

participation and related matters in the United States.’’; and 

(B) in paragraph (2)— 

(i) by striking ‘‘No funds’’ and inserting ‘‘On and 

after October 1, 2016, no funds’’; and 

(ii) by striking ‘‘traditionally’’. 

TITLE XI—RAIL 

SEC. 11001. SHORT TITLE. 

This title may be cited as the ‘‘Passenger Rail Reform and 

Investment Act of 2015’’. 

Subtitle A—Authorizations 

SEC. 11101. AUTHORIZATION OF GRANTS TO AMTRAK. 

(a) NORTHEAST CORRIDOR.—There are authorized to be appropriated to the Secretary for the use of Amtrak for activities associated with the Northeast Corridor the following amounts: 

(1) For fiscal year 2016, $450,000,000. 

(2) For fiscal year 2017, $474,000,000. 

(3) For fiscal year 2018, $515,000,000. 

(4) For fiscal year 2019, $557,000,000. 

(5) For fiscal year 2020, $600,000,000. 

(b) NATIONAL NETWORK.—There are authorized to be appropriated to the Secretary for the use of Amtrak for activities associated with the National Network the following amounts: 

(1) For fiscal year 2016, $1,000,000,000. 

(2) For fiscal year 2017, $1,026,000,000. 

(3) For fiscal year 2018, $1,085,000,000. 

(4) For fiscal year 2019, $1,143,000,000. 

(5) For fiscal year 2020, $1,200,000,000. 

(c) PROJECT MANAGEMENT OVERSIGHT.—The Secretary may 

withhold up to one half of 1 percent of the amount appropriated 

under subsections (a) and (b) for the costs of management oversight 

of Amtrak. 

(d) GULF COAST WORKING GROUP.—Of the total amount made 

available to the Office of the Secretary of Transportation and the 

Federal Railroad Administration, for each of fiscal years 2016 and 

2017, $500,000 shall be used to convene the Gulf Coast rail service 

49 USC 20101 

note. 

Passenger Rail 

Reform and 

Investment Act 

of 2015. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1623 

working group established under section 11304 of this Act and 

carry out its responsibilities under such section. 

(e) COMPETITION.—In administering grants to Amtrak under 

section 24319 of title 49, United States Code, the Secretary may 

withhold, from amounts that would otherwise be made available 

to Amtrak, such sums as are necessary from the amount appropriated under subsection (b) of this section to cover the operating 

subsidy described in section 24711(b)(1)(E)(ii) of title 49, United 

States Code. 

(f) STATE-SUPPORTED ROUTE COMMITTEE.—The Secretary may withhold up to $2,000,000 from the amount appropriated in each 

fiscal year under subsection (b) of this section for the use of the 

State-Supported Route Committee established under section 24712 

of title 49, United States Code. 

(g) NORTHEAST CORRIDOR COMMISSION.—The Secretary may withhold up to $5,000,000 from the amount appropriated in each 

fiscal year under subsection (a) of this section for the use of the 

Northeast Corridor Commission established under section 24905 

of title 49, United States Code. 

(h) NORTHEAST CORRIDOR.—For purposes of this section, the 

term ‘‘Northeast Corridor’’ means the Northeast Corridor main line 

between Boston, Massachusetts, and the District of Columbia, and 

facilities and services used to operate and maintain that line. 

(i) SMALL BUSINESS PARTICIPATION STUDY.—Of the total amount 

made available to the Office of the Secretary of Transportation 

and the Federal Railroad Administration, for each of fiscal years 

2016 and 2017, $1,500,000 shall be used to implement the small 

business participation study authorized under section 11310 of this 

Act. 

SEC. 11102. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY 

IMPROVEMENTS. 

(a) IN GENERAL.—There are authorized to be appropriated to 

the Secretary for grants under section 24407 of title 49, United 

States Code, (as added by section 11301 of this Act), the following 

amounts: 

(1) For fiscal year 2016, $98,000,000. 

(2) For fiscal year 2017, $190,000,000. 

(3) For fiscal year 2018, $230,000,000. 

(4) For fiscal year 2019, $255,000,000. 

(5) For fiscal year 2020, $330,000,000. 

(b) PROJECT MANAGEMENT OVERSIGHT.—The Secretary may 

withhold up to 1 percent from the amount appropriated under 

subsection (a) of this section for the costs of project management 

oversight of grants carried out under section 24407 of title 49, 

United States Code. 

SEC. 11103. FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD 

REPAIR. 

(a) IN GENERAL.—There are authorized to be appropriated to 

the Secretary for grants under section 24911 of title 49, United 

States Code, (as added by section 11302 of this Act), the following 

amounts: 

(1) For fiscal year 2016, $82,000,000. 

(2) For fiscal year 2017, $140,000,000. 

(3) For fiscal year 2018, $175,000,000. 

(4) For fiscal year 2019, $300,000,000. 

(5) For fiscal year 2020, $300,000,000. 


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129 STAT. 1624 PUBLIC LAW 114–94—DEC. 4, 2015 

(b) PROJECT MANAGEMENT OVERSIGHT.—The Secretary may 

withhold up to 1 percent from the amount appropriated under 

subsection (a) of this section for the costs of project management 

oversight of grants carried out under section 24911 of title 49, 

United States Code. 

SEC. 11104. RESTORATION AND ENHANCEMENT GRANTS. 

(a) IN GENERAL.—There are authorized to be appropriated to 

the Secretary for grants under section 24408 of title 49, United 

States Code, (as added by section 11303 of this Act), $20,000,000 

for each of fiscal years 2016 through 2020. 

(b) PROJECT MANAGEMENT OVERSIGHT.—The Secretary may 

withhold up to 1 percent from the amount appropriated under 

subsection (a) of this section for the costs of project management 

oversight of grants carried out under section 24408 of title 49, 

United States Code. 

SEC. 11105. AUTHORIZATION OF APPROPRIATIONS FOR AMTRAK 

OFFICE OF INSPECTOR GENERAL. 

There are authorized to be appropriated to the Office of 

Inspector General of Amtrak the following amounts: 

(1) For fiscal year 2016, $20,000,000. 

(2) For fiscal year 2017, $20,500,000. 

(3) For fiscal year 2018, $21,000,000. 

(4) For fiscal year 2019, $21,500,000. 

(5) For fiscal year 2020, $22,000,000. 

SEC. 11106. DEFINITIONS. 

(a) TITLE 49 AMENDMENTS.—Section 24102 of title 49, United 

States Code, is amended— 

(1) by redesignating paragraphs (5) through (9) as paragraphs (7) through (11), respectively; 

(2) by inserting after paragraph (4) the following new paragraphs: 

‘‘(5) ‘long-distance route’ means a route described in 

subparagraph (C) of paragraph (7). 

‘‘(6) ‘National Network’ includes long-distance routes and 

State-supported routes.’’; and 

(3) by adding at the end the following new paragraphs: 

‘‘(12) ‘state-of-good-repair’ means a condition in which physical assets, both individually and as a system, are— 

‘‘(A) performing at a level at least equal to that called 

for in their as-built or as-modified design specification 

during any period when the life cycle cost of maintaining 

the assets is lower than the cost of replacing them; and 

‘‘(B) sustained through regular maintenance and 

replacement programs. 

‘‘(13) ‘State-supported route’ means a route described in 

subparagraph (B) or (D) of paragraph (7), or in section 24702, 

that is operated by Amtrak, excluding those trains operated 

by Amtrak on the routes described in paragraph (7)(A).’’. 

(b) CONFORMING AMENDMENTS.— 

(1) Section 217 of the Passenger Rail Investment and 

Improvement Act of 2008 (49 U.S.C. 24702 note) is amended 

by striking ‘‘24102(5)(D)’’ and inserting ‘‘24102(7)(D)’’. 

(2) Section 209(a) of the Passenger Rail Investment and 

Improvement Act of 2008 (49 U.S.C. 24101 note) is amended 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1625 

by striking ‘‘24102(5)(B) and (D)’’ and inserting ‘‘24102(7)(B) 

and (D)’’. 

Subtitle B—Amtrak Reforms 

SEC. 11201. ACCOUNTS. 

(a) IN GENERAL.—Chapter 243 of title 49, United States Code, 

is amended by adding at the end the following: 

‘‘§ 24317. Accounts 

‘‘(a) PURPOSE.—The purpose of this section is to— 

‘‘(1) promote the effective use and stewardship by Amtrak 

of Amtrak revenues, Federal, State, and third party investments, appropriations, grants and other forms of financial 

assistance, and other sources of funds; and 

‘‘(2) enhance the transparency of the assignment of revenues and costs among Amtrak business lines while ensuring 

the health of the Northeast Corridor and National Network. 

‘‘(b) ACCOUNT STRUCTURE.—Not later than 180 days after the 

date of enactment of the Passenger Rail Reform and Investment 

Act of 2015, the Secretary of Transportation, in consultation with 

Amtrak, shall define an account structure and improvements to 

accounting methodologies, as necessary, to support, at a minimum, 

the Northeast Corridor and the National Network. 

‘‘(c) FINANCIAL SOURCES.—In defining the account structure 

and improvements to accounting methodologies required under subsection (b), the Secretary shall ensure, to the greatest extent practicable, that Amtrak assigns the following: 

‘‘(1) For the Northeast Corridor account, all revenues, 

appropriations, grants and other forms of financial assistance, 

compensation, and other sources of funds associated with the 

Northeast Corridor, including— 

‘‘(A) grant funds appropriated for the Northeast Corridor pursuant to section 11101(a) of the Passenger Rail 

Reform and Investment Act of 2015 or any subsequent 

Act; 

‘‘(B) compensation received from commuter rail passenger transportation providers for such providers’ share 

of capital and operating costs on the Northeast Corridor 

provided to Amtrak pursuant to section 24905(c); and 

‘‘(C) any operating surplus of the Northeast Corridor, 

as allocated pursuant to section 24318. 

‘‘(2) For the National Network account, all revenues, appropriations, grants and other forms of financial assistance, compensation, and other sources of funds associated with the 

National Network, including— 

‘‘(A) grant funds appropriated for the National Network 

pursuant to section 11101(b) of the Passenger Rail Reform 

and Investment Act of 2015 or any subsequent Act; 

‘‘(B) compensation received from States provided to 

Amtrak pursuant to section 209 of the Passenger Rail 

Investment and Improvement Act of 2008 (42 U.S.C. 24101 

note); and 

‘‘(C) any operating surplus of the National Network, 

as allocated pursuant to section 24318. 

49 USC 24317. 


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129 STAT. 1626 PUBLIC LAW 114–94—DEC. 4, 2015 

‘‘(d) FINANCIAL USES.—In defining the account structure and 

improvements to accounting methodologies required under subsection (b), the Secretary shall ensure, to the greatest extent practicable, that amounts assigned to the Northeast Corridor and 

National Network accounts shall be used by Amtrak for the following: 

‘‘(1) For the Northeast Corridor, all associated costs, 

including— 

‘‘(A) operating activities; 

‘‘(B) capital activities as described in section 

24904(a)(2)(E); 

‘‘(C) acquiring, rehabilitating, manufacturing, remanufacturing, overhauling, or improving equipment and associated facilities used for intercity rail passenger transportation by Northeast Corridor train services; 

‘‘(D) payment of principal and interest on loans for 

capital projects described in this paragraph or for capital 

leases attributable to the Northeast Corridor; 

‘‘(E) other capital projects on the Northeast Corridor, 

determined appropriate by the Secretary, and consistent 

with section 24905(c)(1)(A)(i); and 

‘‘(F) if applicable, capital projects described in section 

24904(b). 

‘‘(2) For the National Network, all associated costs, 

including— 

‘‘(A) operating activities; 

‘‘(B) capital activities; and 

‘‘(C) the payment of principal and interest on loans 

or capital leases attributable to the National Network. 

‘‘(e) IMPLEMENTATION AND REPORTING.— 

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

of enactment of the Passenger Rail Reform and Investment 

Act of 2015, Amtrak, in consultation with the Secretary, shall 

implement any account structures and improvements defined 

under subsection (b) so that Amtrak is able to produce profit 

and loss statements for each of the business lines described 

in section 24320(b)(1) and, as appropriate, each of the asset 

categories described in section 24320(c)(1) that identify sources 

and uses of— 

‘‘(A) revenues; 

‘‘(B) appropriations; and 

‘‘(C) transfers between business lines. 

‘‘(2) UPDATED PROFIT AND LOSS STATEMENTS.—Not later 

than 1 month after the implementation under paragraph (1), 

and monthly thereafter, Amtrak shall submit updated profit 

and loss statements for each of the business lines and asset 

categories to the Secretary. 

‘‘(f) ACCOUNT MANAGEMENT.—For the purposes of account 

management, Amtrak may transfer funds between the Northeast 

Corridor account and National Network account without prior 

notification and approval under subsection (g) if such transfers— 

‘‘(1) do not materially impact Amtrak’s ability to achieve 

its anticipated financial, capital, and operating performance 

goals for the fiscal year; and 

‘‘(2) would not materially change any grant agreement 

entered into pursuant to section 24319(d), or other agreements 

made pursuant to applicable Federal law. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1627 

‘‘(g) TRANSFER AUTHORITY.— 

‘‘(1) IN GENERAL.—If Amtrak determines that a transfer 

between the accounts defined under subsection (b) does not 

meet the account management standards established under 

subsection (f), Amtrak may transfer funds between the Northeast Corridor and National Network accounts if— 

‘‘(A) Amtrak notifies the Amtrak Board of Directors, 

including the Secretary, at least 10 days prior to the 

expected date of transfer; and 

‘‘(B) solely for a transfer that will materially change 

a grant agreement, the Secretary approves. 

‘‘(2) REPORT.—Not later than 5 days after the Amtrak 

Board of Directors receives notification from Amtrak under 

paragraph (1)(A), the Board shall transmit to the Secretary, 

the Committee on Transportation and Infrastructure and the 

Committee on Appropriations of the House of Representatives, 

and the Committee on Commerce, Science, and Transportation 

and the Committee on Appropriations of the Senate, a report 

that includes— 

‘‘(A) the amount of the transfer; and 

‘‘(B) a detailed explanation of the reason for the 

transfer, including— 

‘‘(i) the effects on Amtrak services funded by the 

account from which the transfer is drawn, in comparison to a scenario in which no transfer was made; 

and 

‘‘(ii) the effects on Amtrak services funded by the 

account receiving the transfer, in comparison to a scenario in which no transfer was made. 

‘‘(3) NOTIFICATIONS.—Not later than 5 days after the date 

that Amtrak notifies the Amtrak Board of Directors of a 

transfer under paragraph (1) to or from an account, Amtrak 

shall transmit to the State-Supported Route Committee and 

Northeast Corridor Commission a letter that includes the 

information described under subparagraphs (A) and (B) of paragraph (2). 

‘‘(h) REPORT.—Not later than 2 years after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, 

Amtrak shall submit to the Secretary a report assessing the account 

and reporting structure established under this section and providing 

any recommendations for further action. Not later than 180 days 

after the date of receipt of such report, the Secretary shall provide 

an assessment that supplements Amtrak’s report and submit the 

Amtrak report with the supplemental assessment to the Committee 

on Commerce, Science, and Transportation of the Senate and the 

Committee on Transportation and Infrastructure of the House of 

Representatives. 

‘‘(i) DEFINITION OF NORTHEAST CORRIDOR.—Notwithstanding 

section 24102, for purposes of this section, the term ‘Northeast 

Corridor’ means the Northeast Corridor main line between Boston, 

Massachusetts, and the District of Columbia, and facilities and 

services used to operate and maintain that line.’’. 

(b) CONFORMING AMENDMENT.—The table of contents for 

chapter 243 is amended by adding at the end the following: 

‘‘24317. Accounts.’’. 

49 USC 

prec. 24301. 


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129 STAT. 1628 PUBLIC LAW 114–94—DEC. 4, 2015 

SEC. 11202. AMTRAK GRANT PROCESS. 

(a) REQUIREMENTS AND PROCEDURES.—Chapter 243 of title 49, 

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

the following: 

‘‘§ 24318. Costs and revenues 

‘‘(a) ALLOCATION.—Not later than 180 days after the date of 

enactment of the Passenger Rail Reform and Investment Act of 

2015, Amtrak shall establish and maintain internal controls to 

ensure Amtrak’s costs, revenues, and other compensation are appropriately allocated to the Northeast Corridor, including train services 

or infrastructure, or the National Network, including proportional 

shares of common and fixed costs. 

‘‘(b) RULE OF CONSTRUCTION.—Nothing in this section shall 

be construed to limit the ability of Amtrak to enter into an agreement with 1 or more States to allocate operating and capital costs 

under section 209 of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 note). 

‘‘(c) DEFINITION OF NORTHEAST CORRIDOR.—Notwithstanding 

section 24102, for purposes of this section, the term ‘Northeast 

Corridor’ means the Northeast Corridor main line between Boston, 

Massachusetts, and the District of Columbia, and facilities and 

services used to operate and maintain that line. 

‘‘§ 24319. Grant process 

‘‘(a) PROCEDURES FOR GRANT REQUESTS.—Not later than 90 

days after the date of enactment of the Passenger Rail Reform 

and Investment Act of 2015, the Secretary of Transportation shall 

establish and transmit to the Committee on Commerce, Science, 

and Transportation and the Committee on Appropriations of the 

Senate and the Committee on Transportation and Infrastructure 

and the Committee on Appropriations of the House of Representatives substantive and procedural requirements, including schedules, 

for grant requests under this section. 

‘‘(b) GRANT REQUESTS.—Amtrak shall transmit to the Secretary 

grant requests for Federal funds appropriated to the Secretary 

of Transportation for the use of Amtrak. 

‘‘(c) CONTENTS.—A grant request under subsection (b) shall, 

as applicable— 

‘‘(1) describe projected operating and capital costs for the 

upcoming fiscal year for Northeast Corridor activities, including 

train services and infrastructure, and National Network activities, including State-supported routes and long-distance routes, 

in comparison to prior fiscal year actual financial performance; 

‘‘(2) describe the capital projects to be funded, with cost 

estimates and an estimated timetable for completion of the 

projects covered by the request; and 

‘‘(3) assess Amtrak’s financial condition. 

‘‘(d) REVIEW AND APPROVAL.— 

‘‘(1) THIRTY-DAY APPROVAL PROCESS.— 

‘‘(A) IN GENERAL.—Not later than 30 days after the 

date that Amtrak submits a grant request under this section, the Secretary of Transportation shall complete a 

review of the request and provide notice to Amtrak that— 

‘‘(i) the request is approved; or 

49 USC 24319. 

49 USC 24318. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1629 

‘‘(ii) the request is disapproved, including the reason for the disapproval and an explanation of any 

incomplete or deficient items. 

‘‘(B) GRANT AGREEMENT.—If a grant request is 

approved, the Secretary shall enter into a grant agreement 

with Amtrak. 

‘‘(2) FIFTEEN-DAY MODIFICATION PERIOD.—Not later than 

15 days after the date of a notice under paragraph (1)(A)(ii), 

Amtrak shall submit a modified request for the Secretary’s 

review. 

‘‘(3) MODIFIED REQUESTS.—Not later than 15 days after 

the date that Amtrak submits a modified request under paragraph (2), the Secretary shall either approve the modified 

request, or, if the Secretary finds that the request is still 

incomplete or deficient, the Secretary shall identify in writing 

to the Committee on Commerce, Science, and Transportation 

and the Committee on Appropriations of the Senate and the 

Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives the 

remaining deficiencies and recommend a process for resolving 

the outstanding portions of the request. 

‘‘(e) PAYMENTS TO AMTRAK.— 

‘‘(1) IN GENERAL.—A grant agreement entered into under 

subsection (d) shall specify the operations, services, and other 

activities to be funded by the grant. The grant agreement 

shall include provisions, consistent with the requirements of 

this chapter, to measure Amtrak’s performance and ensure 

accountability in delivering the operations, services, or activities 

to be funded by the grant. 

‘‘(2) SCHEDULE.—Except as provided in paragraph (3), in 

each fiscal year for which amounts are appropriated to the 

Secretary for the use of Amtrak, and for which the Secretary 

and Amtrak have entered into a grant agreement under subsection (d), the Secretary shall disburse grant funds to Amtrak 

on the following schedule: 

‘‘(A) 50 percent on October 1. 

‘‘(B) 25 percent on January 1. 

‘‘(C) 25 percent on April 1. 

‘‘(3) EXCEPTIONS.—The Secretary may make a payment 

to Amtrak of appropriated funds— 

‘‘(A) more frequently than the schedule under paragraph (2) if Amtrak, for good cause, requests more frequent 

payment before the end of a payment period; or 

‘‘(B) with a different frequency or in different percentage allocations in the event of a continuing resolution or 

in the absence of an appropriations Act for the duration 

of a fiscal year. 

‘‘(f) AVAILABILITY OF AMOUNTS AND EARLY APPROPRIATIONS.— 

Amounts appropriated to the Secretary for the use of Amtrak shall 

remain available until expended. Amounts for capital acquisitions 

and improvements may be appropriated for a fiscal year before 

the fiscal year in which the amounts will be obligated. 

‘‘(g) LIMITATIONS ON USE.—Amounts appropriated to the Secretary for the use of Amtrak may not be used to cross-subsidize 

operating losses or capital costs of commuter rail passenger or 

freight rail transportation. 


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129 STAT. 1630 PUBLIC LAW 114–94—DEC. 4, 2015 

‘‘(h) DEFINITION OF NORTHEAST CORRIDOR.—Notwithstanding 

section 24102, for purposes of this section, the term ‘Northeast 

Corridor’ means the Northeast Corridor main line between Boston, 

Massachusetts, and the District of Columbia, and facilities and 

services used to operate and maintain that line.’’. 

(b) CONFORMING AMENDMENTS.—The table of contents for 

chapter 243 is further amended by adding at the end the following: 

‘‘24318. Costs and revenues. 

‘‘24319. Grant process.’’. 

(c) REPEALS.— (1) ESTABLISHMENT OF GRANT PROCESS.—Section 206 of 

the Passenger Rail Investment and Improvement Act of 2008 

(49 U.S.C. 24101 note) and the item relating to that section 

in the table of contents of that Act are repealed. 

(2) AUTHORIZATION OF APPROPRIATIONS.—Section 24104 of 

title 49, United States Code, and the item relating to that 

section in the table of contents of chapter 241 are repealed. 

SEC. 11203. 5-YEAR BUSINESS LINE AND ASSET PLANS. 

(a) AMTRAK 5-YEAR BUSINESS LINE AND ASSET PLANS.—Chapter 

243 of title 49, United States Code, is further amended by inserting 

after section 24319 the following: 

‘‘§ 24320. Amtrak 5-year business line and asset plans 

‘‘(a) IN GENERAL.— ‘‘(1) FINAL PLANS.—Not later than February 15 of each 

year, Amtrak shall submit to Congress and the Secretary of 

Transportation final 5-year business line plans and 5-year asset 

plans prepared in accordance with this section. These final 

plans shall form the basis for Amtrak’s general and legislative 

annual report to the President and Congress required by section 

24315(b). Each plan shall cover a period of 5 fiscal years, 

beginning with the first fiscal year after the date on which 

the plan is completed. 

‘‘(2) FISCAL CONSTRAINT.—Each plan prepared under this 

section shall be based on funding levels authorized or otherwise 

available to Amtrak in a fiscal year. In the absence of an 

authorization or appropriation of funds for a fiscal year, the 

plans shall be based on the amount of funding available in 

the previous fiscal year, plus inflation. Amtrak may include 

an appendix to the asset plan required in subsection (c) that 

describes any funding needs in excess of amounts authorized 

or otherwise available to Amtrak in a fiscal year. 

‘‘(b) AMTRAK 5-YEAR BUSINESS LINE PLANS.— 

‘‘(1) AMTRAK BUSINESS LINES.—Amtrak shall prepare a 5- 

year business line plan for each of the following business lines 

and services: 

‘‘(A) Northeast Corridor train services. 

‘‘(B) State-supported routes operated by Amtrak. 

‘‘(C) Long-distance routes operated by Amtrak. 

‘‘(D) Ancillary services operated by Amtrak, including 

commuter operations and other revenue generating activities as determined by the Secretary in coordination with 

Amtrak. 

‘‘(2) CONTENTS OF 5-YEAR BUSINESS LINE PLANS.—The 5- 

year business line plan for each business line shall include, 

at a minimum— 

49 USC 24320. 

49 USC 

prec. 24101. 

49 USC 

prec. 24301. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1631 

‘‘(A) a statement of Amtrak’s objectives, goals, and 

service plan for the business line, in consultation with 

any entities that are contributing capital or operating 

funding to support passenger rail services within those 

business lines, and aligned with Amtrak’s Strategic Plan 

and 5-year asset plans under subsection (c); 

‘‘(B) all projected revenues and expenditures for the 

business line, including identification of revenues and 

expenditures incurred by— 

‘‘(i) passenger operations; 

‘‘(ii) non-passenger operations that are directly 

related to the business line; and 

‘‘(iii) governmental funding sources, including revenues and other funding received from States; 

‘‘(C) projected ridership levels for all passenger operations; 

‘‘(D) estimates of long-term and short-term debt and 

associated principal and interest payments (both current 

and forecasts); 

‘‘(E) annual profit and loss statements and forecasts 

and balance sheets; 

‘‘(F) annual cash flow forecasts; 

‘‘(G) a statement describing the methodologies and 

significant assumptions underlying estimates and forecasts; 

‘‘(H) specific performance measures that demonstrate 

year over year changes in the results of Amtrak’s operations; 

‘‘(I) financial performance for each route within each 

business line, including descriptions of the cash operating 

loss or contribution and productivity for each route; 

‘‘(J) specific costs and savings estimates resulting from 

reform initiatives; 

‘‘(K) prior fiscal year and projected equipment reliability statistics; and 

‘‘(L) an identification and explanation of any major 

adjustments made from previously-approved plans. 

‘‘(3) 5-YEAR BUSINESS LINE PLANS PROCESS.—In meeting 

the requirements of this section, Amtrak shall— 

‘‘(A) consult with the Secretary in the development 

of the business line plans; 

‘‘(B) for the Northeast Corridor business line plan, 

consult with the Northeast Corridor Commission and 

transmit to the Commission the final plan under subsection 

(a)(1), and consult with other entities, as appropriate; 

‘‘(C) for the State-supported route business line plan, 

consult with the State-Supported Route Committee established under section 24712; 

‘‘(D) for the long-distance route business line plan, 

consult with any States or Interstate Compacts that provide 

funding for such routes, as appropriate; 

‘‘(E) ensure that Amtrak’s general and legislative 

annual report, required under section 24315(b), to the 

President and Congress is consistent with the information 

in the 5-year business line plans; and 

‘‘(F) identify the appropriate Amtrak officials that are 

responsible for each business line. 


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129 STAT. 1632 PUBLIC LAW 114–94—DEC. 4, 2015 

‘‘(4) DEFINITION OF NORTHEAST CORRIDOR.—Notwithstanding section 24102, for purposes of this section, the term 

‘Northeast Corridor’ means the Northeast Corridor main line 

between Boston, Massachusetts, and the District of Columbia, 

and facilities and services used to operate and maintain that 

line. 

‘‘(c) AMTRAK 5-YEAR ASSET PLANS.— 

‘‘(1) ASSET CATEGORIES.—Amtrak shall prepare a 5-year 

asset plan for each of the following asset categories: 

‘‘(A) Infrastructure, including all Amtrak-controlled 

Northeast Corridor assets and other Amtrak-owned infrastructure, and the associated facilities that support the 

operation, maintenance, and improvement of those assets. 

‘‘(B) Passenger rail equipment, including all Amtrakcontrolled rolling stock, locomotives, and mechanical shop 

facilities that are used to overhaul equipment. 

‘‘(C) Stations, including all Amtrak-controlled passenger rail stations and elements of other stations for which 

Amtrak has legal responsibility or intends to make capital 

investments. 

‘‘(D) National assets, including national reservations, 

security, training and training centers, and other assets 

associated with Amtrak’s national rail passenger transportation system. 

‘‘(2) CONTENTS OF 5-YEAR ASSET PLANS.—Each asset plan 

shall include, at a minimum— 

‘‘(A) a summary of Amtrak’s 5-year strategic plan for 

each asset category, including goals, objectives, any relevant performance metrics, and statutory or regulatory 

actions affecting the assets; 

‘‘(B) an inventory of existing Amtrak capital assets, 

to the extent practicable, including information regarding 

shared use or ownership, if applicable; 

‘‘(C) a prioritized list of proposed capital investments 

that— 

‘‘(i) categorizes each capital project as being primarily associated with— 

‘‘(I) normalized capital replacement; 

‘‘(II) backlog capital replacement; 

‘‘(III) improvements to support service 

enhancements or growth; 

‘‘(IV) strategic initiatives that will improve 

overall operational performance, lower costs, or 

otherwise improve Amtrak’s corporate efficiency; 

or 

‘‘(V) statutory, regulatory, or other legal mandates; 

‘‘(ii) identifies each project or program that is associated with more than 1 category described in clause 

(i); and 

‘‘(iii) describes the anticipated business outcome 

of each project or program identified under this 

subparagraph, including an assessment of— 

‘‘(I) the potential effect on passenger operations, safety, reliability, and resilience; 


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‘‘(II) the potential effect on Amtrak’s ability 

to meet regulatory requirements if the project or 

program is not funded; and 

‘‘(III) the benefits and costs; and 

‘‘(D) annual profit and loss statements and forecasts 

and balance sheets for each asset category. 

‘‘(3) 5-YEAR ASSET PLAN PROCESS.—In meeting the requirements of this subsection, Amtrak shall— 

‘‘(A) consult with each business line described in subsection (b)(1) in the preparation of each 5-year asset plan 

and ensure integration of each 5-year asset plan with the 

5-year business line plans; 

‘‘(B) as applicable, consult with the Northeast Corridor 

Commission, the State-Supported Route Committee, and 

owners of assets affected by 5-year asset plans; and 

‘‘(C) identify the appropriate Amtrak officials that are 

responsible for each asset category. 

‘‘(4) EVALUATION OF NATIONAL ASSETS COSTS.—The Secretary shall— 

‘‘(A) evaluate the costs and scope of all national assets; 

and 

‘‘(B) determine the activities and costs that are— 

‘‘(i) required in order to ensure the efficient operations of a national rail passenger system; 

‘‘(ii) appropriate for allocation to 1 of the other 

Amtrak business lines; and 

‘‘(iii) extraneous to providing an efficient national 

rail passenger system or are too costly relative to the 

benefits or performance outcomes they provide. 

‘‘(5) DEFINITION OF NATIONAL ASSETS.—In this section, the 

term ‘national assets’ means the Nation’s core rail assets shared 

among Amtrak services, including national reservations, security, training and training centers, and other assets associated 

with Amtrak’s national rail passenger transportation system. 

‘‘(6) RESTRUCTURING OF NATIONAL ASSETS.—Not later than 

1 year after the date of completion of the evaluation under 

paragraph (4), the Administrator of the Federal Railroad 

Administration, in consultation with the Amtrak Board of 

Directors, the governors of each relevant State, and the Mayor 

of the District of Columbia, or their designees, shall restructure 

or reallocate, or both, the national assets costs in accordance 

with the determination under that section, including making 

appropriate updates to Amtrak’s cost accounting methodology 

and system. 

‘‘(7) EXEMPTION.— 

‘‘(A) IN GENERAL.—Upon written request from the 

Amtrak Board of Directors, the Secretary may exempt 

Amtrak from including in a plan required under this subsection any information described in paragraphs (1) and 

(2). 

‘‘(B) PUBLIC AVAILABILITY.—The Secretary shall make 

available to the public on the Department’s Internet Web 

site any exemption granted under subparagraph (A) and 

a detailed justification for granting such exemption. 

‘‘(C) INCLUSION IN PLAN.—Amtrak shall include in the 

plan required under this subsection any request granted 


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129 STAT. 1634 PUBLIC LAW 114–94—DEC. 4, 2015 

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

‘‘(d) STANDARDS TO PROMOTE FINANCIAL STABILITY.—In preparing plans under this section, Amtrak shall— 

‘‘(1) apply sound budgetary practices, including reducing 

costs and other expenditures, improving productivity, 

increasing revenues, or combinations of such practices; and 

‘‘(2) use the categories specified in the financial accounting 

and reporting system developed under section 203 of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 

24101 note).’’. 

(b) EFFECTIVE DATES.—The requirement for Amtrak to submit 

5-year business line plans under section 24320(a)(1) of title 49, 

United States Code, shall take effect on February 15, 2017, the 

due date of the first business line plans. The requirement for 

Amtrak to submit 5-year asset plans under section 24320(a)(1) 

of such title shall take effect on February 15, 2019, the due date 

of the first asset plans. 

(c) CONFORMING AMENDMENTS.—The table of contents for 

chapter 243 of title 49, United States Code, is amended by adding 

at the end the following: 

‘‘24320. Amtrak 5-year business line and asset plans.’’. 

(d) REPEAL OF 5-YEAR FINANCIAL PLAN.—Section 204 of the 

Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 

24101 note), and the item relating to that section in the table 

of contents of that Act, are repealed. 

SEC. 11204. STATE-SUPPORTED ROUTE COMMITTEE. 

(a) AMENDMENT.—Chapter 247 of title 49, United States Code, 

is amended by adding at the end the following: 

‘‘§ 24712. State-supported routes operated by Amtrak 

‘‘(a) STATE-SUPPORTED ROUTE COMMITTEE.— 

‘‘(1) ESTABLISHMENT.—Not later than 180 days after the 

date of enactment of the Passenger Rail Reform and Investment 

Act of 2015, the Secretary of Transportation shall establish 

the State-Supported Route Committee (referred to in this section as the ‘Committee’) to promote mutual cooperation and 

planning pertaining to the rail operations of Amtrak and related 

activities of trains operated by Amtrak on State-supported 

routes and to further implement section 209 of the Passenger 

Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 

note). 

‘‘(2) MEMBERSHIP.— 

‘‘(A) IN GENERAL.—The Committee shall consist of— 

‘‘(i) members representing Amtrak; 

‘‘(ii) members representing the Department of 

Transportation, including the Federal Railroad 

Administration; and 

‘‘(iii) members representing States. 

‘‘(B) NON-VOTING MEMBERS.—The Committee may 

invite and accept other non-voting members to participate 

in Committee activities, as appropriate. 

‘‘(3) DECISIONMAKING.—The Committee shall establish a 

bloc voting system under which, at a minimum— 

49 USC 24712. 

49 USC 

prec. 24301. 

49 USC 24320 

note. 


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‘‘(A) there are 3 separate voting blocs to represent 

the Committee’s voting members, including— 

‘‘(i) 1 voting bloc to represent the members 

described in paragraph (2)(A)(i); 

‘‘(ii) 1 voting bloc to represent the members 

described in paragraph (2)(A)(ii); and 

‘‘(iii) 1 voting bloc to represent the members 

described in paragraph (2)(A)(iii); 

‘‘(B) each voting bloc has 1 vote; 

‘‘(C) the vote of the voting bloc representing the members described in paragraph (2)(A)(iii) requires the support 

of at least two-thirds of that voting bloc’s members; and 

‘‘(D) the Committee makes decisions by unanimous 

consent of the 3 voting blocs. 

‘‘(4) MEETINGS; RULES AND PROCEDURES.—The Committee 

shall convene a meeting and shall define and implement the 

rules and procedures governing the Committee’s proceedings 

not later than 180 days after the date of establishment of 

the Committee by the Secretary. The rules and procedures 

shall— 

‘‘(A) incorporate and further describe the decisionmaking procedures to be used in accordance with paragraph 

(3); and 

‘‘(B) be adopted in accordance with such decisionmaking procedures. 

‘‘(5) COMMITTEE DECISIONS.—Decisions made by the Committee in accordance with the Committee’s rules and procedures, once established, are binding on all Committee members. 

‘‘(6) COST ALLOCATION METHODOLOGY.— 

‘‘(A) IN GENERAL.—Subject to subparagraph (B), the 

Committee may amend the cost allocation methodology 

required and previously approved under section 209 of 

the Passenger Rail Investment and Improvement Act of 

2008 (49 U.S.C. 24101 note). 

‘‘(B) PROCEDURES FOR CHANGING METHODOLOGY.—The 

rules and procedures implemented under paragraph (4) 

shall include procedures for changing the cost allocation 

methodology. 

‘‘(C) REQUIREMENTS.—The cost allocation methodology 

shall— 

‘‘(i) ensure equal treatment in the provision of 

like services of all States and groups of States; and 

‘‘(ii) allocate to each route the costs incurred only 

for the benefit of that route and a proportionate share, 

based upon factors that reasonably reflect relative use, 

of costs incurred for the common benefit of more than 

1 route. 

‘‘(b) INVOICES AND REPORTS.—Not later than April 15, 2016, 

and monthly thereafter, Amtrak shall provide to each State that 

sponsors a State-supported route a monthly invoice of the cost 

of operating such route, including fixed costs and third-party costs. 

The Committee shall determine the frequency and contents of financial and performance reports that Amtrak shall provide to the 

States, as well as the planning and demand reports that the States 

shall provide to Amtrak. 

‘‘(c) DISPUTE RESOLUTION.— 


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129 STAT. 1636 PUBLIC LAW 114–94—DEC. 4, 2015 

‘‘(1) REQUEST FOR DISPUTE RESOLUTION.—If a dispute arises 

with respect to the rules and procedures implemented under 

subsection (a)(4), an invoice or a report provided under subsection (b), implementation or compliance with the cost allocation methodology developed under section 209 of the Passenger 

Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 

note) or amended under subsection (a)(6) of this section, either 

Amtrak or the State may request that the Surface Transportation Board conduct dispute resolution under this subsection. 

‘‘(2) PROCEDURES.—The Surface Transportation Board shall 

establish procedures for resolution of disputes brought before 

it under this subsection, which may include provision of professional mediation services. 

‘‘(3) BINDING EFFECT.—A decision of the Surface Transportation Board under this subsection shall be binding on the 

parties to the dispute. 

‘‘(4) OBLIGATION.—Nothing in this subsection shall affect 

the obligation of a State to pay an amount not in dispute. 

‘‘(d) ASSISTANCE.— 

‘‘(1) IN GENERAL.—The Secretary may provide assistance 

to the parties in the course of negotiations for a contract for 

operation of a State-supported route. 

‘‘(2) FINANCIAL ASSISTANCE.—From among available funds, 

the Secretary shall provide— 

‘‘(A) financial assistance to Amtrak or 1 or more States 

to perform requested independent technical analysis of 

issues before the Committee; and 

‘‘(B) administrative expenses that the Secretary determines necessary. 

‘‘(e) PERFORMANCE METRICS.—In negotiating a contract for operation of a State-supported route, Amtrak and the State or States 

that sponsor the route shall consider including provisions that 

provide penalties and incentives for performance. 

‘‘(f) STATEMENT OF GOALS AND OBJECTIVES.— 

‘‘(1) IN GENERAL.—The Committee shall develop a statement of goals, objectives, and associated recommendations concerning the future of State-supported routes operated by 

Amtrak. The statement shall identify the roles and responsibilities of Committee members and any other relevant entities, 

such as host railroads, in meeting the identified goals and 

objectives, or carrying out the recommendations. The Committee may consult with such relevant entities, as the Committee considers appropriate, when developing the statement. 

‘‘(2) TRANSMISSION OF STATEMENT OF GOALS AND OBJECTIVES.—Not later than 2 years after the date of enactment 

of the Passenger Rail Reform and Investment Act of 2015, 

the Committee shall transmit the statement developed under 

paragraph (1) to the Committee on Commerce, Science, and 

Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. 

‘‘(g) RULE OF CONSTRUCTION.—The decisions of the Committee— 

‘‘(1) shall pertain to the rail operations of Amtrak and 

related activities of trains operated by Amtrak on State-sponsored routes; and 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1637 

‘‘(2) shall not pertain to the rail operations or related 

activities of services operated by other rail carriers on Statesupported routes. 

‘‘(h) DEFINITION OF STATE.—In this section, the term ‘State’ 

means any of the 50 States, including the District of Columbia, 

that sponsor the operation of trains by Amtrak on a State-supported 

route, or a public entity that sponsors such operation on such 

a route.’’. 

(b) TECHNICAL AND CONFORMING AMENDMENTS.— (1) TABLE OF CONTENTS.—The table of contents for chapter 

247 of title 49, United States Code, is amended by adding 

at the end the following: 

‘‘24712. State-supported routes operated by Amtrak.’’. 

(2) PASSENGER RAIL INVESTMENT AND IMPROVEMENT ACT.— Section 209 of the Passenger Rail Investment and Improvement 

Act of 2008 (49 U.S.C. 24101 note) is amended— 

(A) by striking subsection (b); and 

(B) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively. 

SEC. 11205. COMPOSITION OF AMTRAK’S BOARD OF DIRECTORS. 

Section 24302 of title 49, United States Code, is amended— 

(1) in subsection (a)(1)— 

(A) by striking ‘‘9 directors’’ and inserting ‘‘10 directors’’; 

(B) in subparagraph (B) by inserting ‘‘, who shall serve 

as a nonvoting member of the Board’’ after ‘‘Amtrak’’; and 

(C) in subparagraph (C) by striking ‘‘7’’ and inserting 

‘‘8’’; and 

(2) in subsection (e), by inserting ‘‘who are eligible to vote’’ 

after ‘‘serving’’. 

SEC. 11206. ROUTE AND SERVICE PLANNING DECISIONS. 

Section 208 of the Passenger Rail Investment and Improvement 

Act of 2008 (49 U.S.C. 24101 note) is amended to read as follows: 

‘‘SEC. 208. METHODOLOGIES FOR AMTRAK ROUTE AND SERVICE PLANNING DECISIONS. 

‘‘(a) METHODOLOGY DEVELOPMENT.—Not later than 180 days 

after the date of enactment of the Passenger Rail Reform and 

Investment Act of 2015, Amtrak shall obtain the services of an 

independent entity to develop and recommend objective methodologies for Amtrak to use in determining what intercity rail passenger 

transportation routes and services it should provide, including the 

establishment of new routes, the elimination of existing routes, 

and the contraction or expansion of services or frequencies over 

such routes. 

‘‘(b) CONSIDERATIONS.—Amtrak shall require the independent 

entity, in developing the methodologies described in subsection (a), 

to consider— 

‘‘(1) the current and expected performance and service 

quality of intercity rail passenger transportation operations, 

including cost recovery, on-time performance, ridership, onboard services, stations, facilities, equipment, and other services; 

‘‘(2) the connectivity of a route with other routes; 

49 USC 24701. 


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129 STAT. 1638 PUBLIC LAW 114–94—DEC. 4, 2015 

‘‘(3) the transportation needs of communities and populations that are not well served by intercity rail passenger 

transportation service or by other forms of intercity transportation; 

‘‘(4) the methodologies of Amtrak and major intercity rail 

passenger transportation service providers in other countries 

for determining intercity passenger rail routes and services; 

‘‘(5) the financial and operational effects on the overall 

network, including the effects on direct and indirect costs; 

‘‘(6) the views of States, rail carriers that own infrastructure over which Amtrak operates, Interstate Compacts established by Congress and States, Amtrak employee representatives, stakeholder organizations, and other interested parties; 

and 

‘‘(7) the funding levels that will be available under 

authorization levels that have been enacted into law. 

‘‘(c) RECOMMENDATIONS.—Not later than 1 year after the date 

of enactment of the Passenger Rail Reform and Investment Act 

of 2015, Amtrak shall transmit to the Committee on Commerce, 

Science, and Transportation of the Senate and the Committee on 

Transportation and Infrastructure of the House of Representatives 

the recommendations developed by the independent entity under 

subsection (a). 

‘‘(d) CONSIDERATION OF RECOMMENDATIONS.—Not later than 

90 days after the date on which the recommendations are transmitted under subsection (c), the Amtrak Board of Directors shall 

consider the adoption of each recommendation and transmit to 

the Committee on Commerce, Science, and Transportation of the 

Senate and the Committee on Transportation and Infrastructure 

of the House of Representatives a report explaining the reasons 

for adopting or not adopting each recommendation.’’. 

SEC. 11207. FOOD AND BEVERAGE REFORM. 

(a) AMENDMENT.—Chapter 243 of title 49, United States Code, 

is further amended by adding at the end the following new section: 

‘‘§ 24321. Food and beverage reform 

‘‘(a) PLAN.—Not later than 90 days after the date of enactment 

of the Passenger Rail Reform and Investment Act of 2015, Amtrak 

shall develop and begin implementing a plan to eliminate, within 

5 years of such date of enactment, the operating loss associated 

with providing food and beverage service on board Amtrak trains. 

‘‘(b) CONSIDERATIONS.—In developing and implementing the 

plan, Amtrak shall consider a combination of cost management 

and revenue generation initiatives, including— 

‘‘(1) scheduling optimization; 

‘‘(2) on-board logistics; 

‘‘(3) product development and supply chain efficiency; 

‘‘(4) training, awards, and accountability; 

‘‘(5) technology enhancements and process improvements; 

and 

‘‘(6) ticket revenue allocation. 

‘‘(c) SAVINGS CLAUSE.—Amtrak shall ensure that no Amtrak 

employee holding a position as of the date of enactment of the 

Passenger Rail Reform and Investment Act of 2015 is involuntarily 

separated because of— 

40 USC 24321 

note. 


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‘‘(1) the development and implementation of the plan 

required under subsection (a); or 

‘‘(2) any other action taken by Amtrak to implement this 

section. 

‘‘(d) NO FEDERAL FUNDING FOR OPERATING LOSSES.—Beginning 

on the date that is 5 years after the date of enactment of the 

Passenger Rail Reform and Investment Act of 2015, no Federal 

funds may be used to cover any operating loss associated with 

providing food and beverage service on a route operated by Amtrak 

or a rail carrier that operates a route in lieu of Amtrak pursuant 

to section 24711. 

‘‘(e) REPORT.—Not later than 120 days after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, 

and annually thereafter for 5 years, Amtrak shall transmit to 

the Committee on Transportation and Infrastructure of the House 

of Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate a report containing the plan developed 

pursuant to subsection (a) and a description of progress in the 

implementation of the plan.’’. 

(b) CONFORMING AMENDMENT.—The table of sections for chapter 

243 of title 49, United States Code, is further amended by adding 

at the end the following new item: 

‘‘24321. Food and beverage reform.’’. 

SEC. 11208. ROLLING STOCK PURCHASES. 

(a) AMENDMENT.—Chapter 243 of title 49, United States Code, 

is further amended by adding at the end the following new section: 

‘‘§ 24322. Rolling stock purchases 

‘‘(a) IN GENERAL.—Prior to entering into any contract in excess 

of $100,000,000 for rolling stock and locomotive procurements 

Amtrak shall submit a business case analysis to the Secretary 

of Transportation, the Committee on Commerce, Science, and 

Transportation and the Committee on Appropriations of the Senate 

and the Committee on Transportation and Infrastructure and the 

Committee on Appropriations of the House of Representatives, on 

the utility of such procurements. 

‘‘(b) CONTENTS.—The business case analysis shall— 

‘‘(1) include a cost and benefit comparison that describes 

the total lifecycle costs and the anticipated benefits related 

to revenue, operational efficiency, reliability, and other factors; 

‘‘(2) set forth the total payments by fiscal year; 

‘‘(3) identify the specific source and amounts of funding 

for each payment, including Federal funds, State funds, Amtrak 

profits, Federal, State, or private loans or loan guarantees, 

and other funding; 

‘‘(4) include an explanation of whether any payment under 

the contract will increase Amtrak’s funding request in its general and legislative annual report required under section 

24315(b) in a particular fiscal year; and 

‘‘(5) describe how Amtrak will adjust the procurement if 

future funding is not available. 

‘‘(c) RULE OF CONSTRUCTION.—Nothing in this section shall 

be construed as requiring Amtrak to disclose confidential information regarding a potential vendor’s proposed pricing or other sensitive business information prior to contract execution or prohibiting 

49 USC 24322. 

49 USC 

prec. 24301. 


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129 STAT. 1640 PUBLIC LAW 114–94—DEC. 4, 2015 

Amtrak from entering into a contract after submission of a business 

case analysis under subsection (a).’’. 

(b) CONFORMING AMENDMENT.—The table of sections for chapter 

243 of title 49, United States Code, is further amended by adding 

at the end the following new item: 

‘‘24322. Rolling stock purchases.’’. 

SEC. 11209. LOCAL PRODUCTS AND PROMOTIONAL EVENTS. 

(a) IN GENERAL.—Not later than 6 months after the date of 

enactment of this Act, Amtrak shall establish a pilot program 

for a State or States that sponsor a State-supported route operated 

by Amtrak to facilitate— 

(1) onboard purchase and sale of local food and beverage 

products; and 

(2) partnerships with local entities to hold promotional 

events on trains or in stations. 

(b) PROGRAM DESIGN.—The pilot program under paragraph (1) 

shall— 

(1) allow a State or States to nominate and select a local 

food and beverage products supplier or suppliers or local promotional event partner; 

(2) allow a State or States to charge a reasonable price 

or fee for local food and beverage products or promotional 

events and related activities to help defray the costs of program 

administration and State-supported routes; and 

(3) provide a mechanism to ensure that State products 

can effectively be handled and integrated into existing food 

and beverage services, including compliance with all applicable 

regulations and standards governing such services. 

(c) PROGRAM ADMINISTRATION.—The pilot program shall— 

(1) for local food and beverage products, ensure the products 

are integrated into existing food and beverage services, 

including compliance with all applicable regulations and standards; 

(2) for promotional events, ensure the events are held in 

compliance with all applicable regulations and standards, 

including terms to address insurance requirements; and 

(3) require an annual report that documents revenues and 

costs and indicates whether the products or events resulted 

in a reduction in the financial contribution of a State or States 

to the applicable State-supported route. 

(d) REPORT.—Not later than 4 years after the date of enactment 

of this Act, Amtrak shall report to the Committee on Commerce, 

Science, and Transportation of the Senate and the Committee on 

Transportation and Infrastructure of the House of Representatives 

on which States have participated in the pilot programs under 

this section. The report shall summarize the financial and operational outcomes of the pilot programs and include any plan for 

future action. 

(e) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed as limiting Amtrak’s ability to operate special trains 

in accordance with section 216 of the Passenger Rail Investment 

and Improvement Act of 2008 (49 U.S.C. 24308 note). 

49 USC 24305 

note. 

49 USC 24301. 


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

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, Amtrak shall develop a pilot program that allows 

passengers to transport domesticated cats or dogs on certain trains 

operated by Amtrak. 

(b) PET POLICY.—In developing the pilot program required 

under subsection (a), Amtrak shall— 

(1) in the case of a passenger train that is comprised 

of more than 1 car, designate, where feasible, at least 1 car 

in which a ticketed passenger may transport a domesticated 

cat or dog in the same manner as carry-on baggage if— 

(A) the cat or dog is contained in a pet kennel; 

(B) the pet kennel complies with Amtrak size requirements for carriage of carry-on baggage; 

(C) the passenger is traveling on a train operating 

on a route described in subparagraph (A), (B), or (D) of 

section 24102(7) of title 49, United States Code; and 

(D) the passenger pays a fee described in paragraph 

(3); 

(2) allow a ticketed passenger to transport a domesticated 

cat or dog on a train in the same manner as cargo if— 

(A) the cat or dog is contained in a pet kennel; 

(B) the pet kennel complies with Amtrak size requirements for carriage of carry-on baggage; 

(C) the passenger is traveling on a train operating 

on a route described in subparagraph (A), (B), or (D) of 

section 24102(7) of title 49, United States Code; 

(D) the cargo area is temperature controlled in a 

manner protective of cat and dog safety and health; and 

(E) the passenger pays a fee described in paragraph 

(3); and 

(3) collect fees for each cat or dog transported by a ticketed 

passenger in an amount that, in the aggregate and at a minimum, covers the full costs of the pilot program. 

(c) REPORT.—Not later than 1 year after the pilot program 

required under subsection (a) is first implemented, Amtrak shall 

transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and 

Infrastructure of the House of Representatives a report containing 

an evaluation of the pilot program. 

(d) LIMITATION ON STATUTORY CONSTRUCTION.— (1) SERVICE ANIMALS.—The pilot program under subsection 

(a) shall be separate from and in addition to the policy governing Amtrak passengers traveling with service animals. 

Nothing in this section may be interpreted to limit or waive 

the rights of passengers to transport service animals. 

(2) ADDITIONAL TRAIN CARS.—Nothing in this section may 

be interpreted to require Amtrak to add additional train cars 

or modify existing train cars. 

(3) FEDERAL FUNDS.—No Federal funds may be used to 

implement the pilot program required under this section. 

SEC. 11211. RIGHT-OF-WAY LEVERAGING. 

(a) REQUEST FOR PROPOSALS.— (1) IN GENERAL.—Not later than 1 year after the date 

of enactment of this Act, Amtrak shall issue a Request for 

49 USC 24305 

note. 

49 USC 24305 

note. 


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Proposals seeking qualified persons or entities to utilize rightof-way and real estate owned, controlled, or managed by 

Amtrak for telecommunications systems, energy distribution 

systems, and other activities considered appropriate by Amtrak. 

(2) CONTENTS.—The Request for Proposals shall provide 

sufficient information on the right-of-way and real estate assets 

to enable respondents to propose an arrangement that will 

monetize or generate additional revenue from such assets 

through revenue sharing or leasing agreements with Amtrak, 

to the extent possible. 

(3) DEADLINE.—Amtrak shall set a deadline for the submission of proposals that is not later than 1 year after the issuance 

of the Request for Proposals under paragraph (1). 

(b) CONSIDERATION OF PROPOSALS.—Not later than 180 days 

after the deadline for the receipt of proposals under subsection 

(a), the Amtrak Board of Directors shall review and consider each 

qualified proposal. Amtrak may enter into such agreements as 

are necessary to implement any qualified proposal. 

(c) REPORT.—Not later than 1 year after the deadline for the 

receipt of proposals under subsection (a), Amtrak shall transmit 

to the Committee on Commerce, Science, and Transportation of 

the Senate and the Committee on Transportation and Infrastructure 

of the House of Representatives a report on the Request for Proposals required by this section, including summary information 

of any proposals submitted to Amtrak and any proposals accepted 

by the Amtrak Board of Directors. 

(d) SAVINGS CLAUSE.—Nothing in this section shall be construed 

to limit Amtrak’s ability to utilize right-of-way or real estate assets 

that it currently owns, controls, or manages or constrain Amtrak’s 

ability to enter into agreements with other parties to utilize such 

assets. 

SEC. 11212. STATION DEVELOPMENT. 

(a) REPORT ON DEVELOPMENT OPTIONS.—Not later than 1 year 

after the date of enactment of this Act, Amtrak shall submit a 

report to the Committee on Commerce, Science, and Transportation 

of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that describes— 

(1) options to enhance economic development and accessibility of and around Amtrak stations and terminals, for the 

purposes of— 

(A) improving station condition, functionality, capacity, 

and customer amenities; 

(B) generating additional investment capital and 

development-related revenue streams; 

(C) increasing ridership and revenue; and 

(D) strengthening multimodal connections, including 

transit, intercity buses, roll-on and roll-off bicycles, and 

airports, as appropriate; and 

(2) options for additional Amtrak stops that would have 

a positive incremental financial impact to Amtrak, based on 

Amtrak feasibility studies that demonstrate a financial benefit 

to Amtrak by generating additional revenue that exceeds any 

incremental costs. 

(b) REQUEST FOR INFORMATION.—Not later than 90 days after 

the date the report is submitted under subsection (a), Amtrak 

shall issue a Request for Information for 1 or more owners of 

49 USC 24305 

note. 


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stations served by Amtrak to formally express an interest in completing the requirements of this section. 

(c) PROPOSALS.— 

(1) REQUEST FOR PROPOSALS.—Not later than 180 days 

after the date the Request for Information is issued under 

subsection (b), Amtrak shall issue a Request for Proposals 

from qualified persons, including small business concerns 

owned and controlled by socially and economically disadvantaged individuals and veteran-owned small businesses, to lead, 

participate, or partner with Amtrak, a station owner that 

responded under subsection (b), and other entities in enhancing 

development in and around such stations and terminals using 

applicable options identified under subsection (a) at facilities 

selected by Amtrak. 

(2) CONSIDERATION OF PROPOSALS.—Not later than 1 year 

after the date the Request for Proposals is issued under paragraph (1), the Amtrak Board of Directors shall review and 

consider qualified proposals submitted under paragraph (1). 

Amtrak or a station owner that responded under subsection 

(b) may enter into such agreements as are necessary to implement any qualified proposal. 

(d) REPORT.—Not later than 4 years after the date of enactment 

of this Act, Amtrak shall transmit to the Committee on Commerce, 

Science, and Transportation of the Senate and the Committee on 

Transportation and Infrastructure of the House of Representatives 

a report on the Request for Proposals process required under this 

section, including summary information of any qualified proposals 

submitted to Amtrak and any proposals acted upon by Amtrak 

or a station owner that responded under subsection (b). 

(e) DEFINITIONS.—In this section, the terms ‘‘small business 

concern’’, ‘‘socially and economically disadvantaged individual’’, and 

‘‘veteran-owned small business’’ have the meanings given the terms 

in section 11310(c) of this Act. 

(f) SAVINGS CLAUSE.—Nothing in this section shall be construed 

to limit Amtrak’s ability to develop its stations, terminals, or other 

assets, to constrain Amtrak’s ability to enter into and carry out 

agreements with other parties to enhance development at or around 

Amtrak stations or terminals, or to affect any station development 

initiatives ongoing as of the date of enactment of this Act. 

SEC. 11213. AMTRAK BOARDING PROCEDURES. 

(a) REPORT.—Not later than 9 months after the date of enactment of this Act, the Amtrak Office of Inspector General shall 

submit a report to the Committee on Commerce, Science, and 

Transportation of the Senate and the Committee on Transportation 

and Infrastructure of the House of Representatives that— 

(1) evaluates Amtrak’s boarding procedures for passengers, 

including passengers using or transporting nonmotorized 

transportation, such as bicycles, at its 15 stations through 

which the most people pass; 

(2) compares Amtrak’s boarding procedures to— 

(A) boarding procedures of providers of commuter railroad passenger transportation at stations shared with 

Amtrak; 

(B) international intercity passenger rail boarding 

procedures; and 

(C) fixed guideway transit boarding procedures; and 


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129 STAT. 1644 PUBLIC LAW 114–94—DEC. 4, 2015 

(3) makes recommendations, as appropriate, to improve 

Amtrak’s boarding procedures, including recommendations 

regarding the queuing of passengers and free-flow of all station 

users and facility improvements needed to achieve the recommendations. 

(b) CONSIDERATION OF RECOMMENDATIONS.—Not later than 6 

months after the report is submitted under subsection (a), the 

Amtrak Board of Directors shall consider each recommendation 

provided under subsection (a)(3) for implementation at appropriate 

locations across the Amtrak system. 

SEC. 11214. AMTRAK DEBT. 

Section 205 of the Passenger Rail Investment and Improvement 

Act of 2008 (49 U.S.C. 24101 note) is amended— 

(1) by striking ‘‘as of the date of enactment of this Act’’ 

each place it appears; 

(2) in subsection (a)— 

(A) by inserting ‘‘, to the extent provided in advance 

in appropriations Acts’’ after ‘‘Amtrak’s indebtedness’’; and 

(B) by striking the second sentence; 

(3) in subsection (b) by striking ‘‘The Secretary of the 

Treasury, in consultation’’ and inserting ‘‘To the extent amounts 

are provided in advance in appropriations Acts, the Secretary 

of the Treasury, in consultation’’; 

(4) in subsection (d), by inserting ‘‘, to the extent provided 

in advance in appropriations Acts’’ after ‘‘as appropriate’’; 

(5) in subsection (e)— 

(A) in paragraph (1) by striking ‘‘by section 102 of 

this division’’; and 

(B) in paragraph (2) by striking ‘‘by section 102’’ and 

inserting ‘‘for Amtrak’’; 

(6) in subsection (g) by inserting ‘‘, unless that debt receives 

credit assistance, including direct loans and loan guarantees, 

under chapter 6 of title 23, United States Code or title V 

of the Railroad Revitalization and Regulatory Reform Act of 

1976 (45 U.S.C. 821 et seq.)’’ after ‘‘Secretary’’; and 

(7) by striking subsection (h). 

SEC. 11215. ELIMINATION OF DUPLICATIVE REPORTING. 

Not later than 1 year after the date of enactment of this 

Act, the Secretary shall— 

(1) review existing Amtrak reporting requirements and 

identify where the existing requirements are duplicative with 

the business line and asset plans required by section 24320 

of title 49, United States Code, or any other planning or 

reporting requirements under Federal law or regulation; 

(2) if the duplicative requirements identified under paragraph (1) are administrative, eliminate such requirements; and 

(3) submit to Congress a report with any recommendations 

for repealing any other duplicative requirements. 

Subtitle C—Intercity Passenger Rail Policy 

SEC. 11301. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY 

IMPROVEMENTS. 

(a) IN GENERAL.—Chapter 244 of title 49, United States Code, 

is amended by adding at the end the following: 

49 USC 24320 

note. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1645 

‘‘§ 24407. Consolidated rail infrastructure and safety 

improvements 

‘‘(a) GENERAL AUTHORITY.—The Secretary may make grants 

under this section to an eligible recipient to assist in financing 

the cost of improving passenger and freight rail transportation 

systems in terms of safety, efficiency, or reliability. 

‘‘(b) ELIGIBLE RECIPIENTS.—The following entities are eligible 

to receive a grant under this section: 

‘‘(1) A State. 

‘‘(2) A group of States. 

‘‘(3) An Interstate Compact. 

‘‘(4) A public agency or publicly chartered authority established by 1 or more States. 

‘‘(5) A political subdivision of a State. 

‘‘(6) Amtrak or another rail carrier that provides intercity 

rail passenger transportation (as defined in section 24102). 

‘‘(7) A Class II railroad or Class III railroad (as those 

terms are defined in section 20102). 

‘‘(8) Any rail carrier or rail equipment manufacturer in 

partnership with at least 1 of the entities described in paragraphs (1) through (5). 

‘‘(9) The Transportation Research Board and any entity 

with which it contracts in the development of rail-related 

research, including cooperative research programs. 

‘‘(10) A University transportation center engaged in railrelated research. 

‘‘(11) A non-profit labor organization representing a class 

or craft of employees of rail carriers or rail carrier contractors. 

‘‘(c) ELIGIBLE PROJECTS.—The following projects are eligible 

to receive grants under this section: 

‘‘(1) Deployment of railroad safety technology, including 

positive train control and rail integrity inspection systems. 

‘‘(2) A capital project as defined in section 24401(2), except 

that a project shall not be required to be in a State rail 

plan developed under chapter 227. 

‘‘(3) A capital project identified by the Secretary as being 

necessary to address congestion challenges affecting rail service. 

‘‘(4) A capital project identified by the Secretary as being 

necessary to reduce congestion and facilitate ridership growth 

in intercity passenger rail transportation along heavily traveled 

rail corridors. 

‘‘(5) A highway-rail grade crossing improvement project, 

including installation, repair, or improvement of grade separations, railroad crossing signals, gates, and related technologies, 

highway traffic signalization, highway lighting and crossing 

approach signage, roadway improvements such as medians or 

other barriers, railroad crossing panels and surfaces, and safety 

engineering improvements to reduce risk in quiet zones or 

potential quiet zones. 

‘‘(6) A rail line relocation and improvement project. 

‘‘(7) A capital project to improve short-line or regional railroad infrastructure. 

‘‘(8) The preparation of regional rail and corridor service 

development plans and corresponding environmental analyses. 

‘‘(9) Any project that the Secretary considers necessary 

to enhance multimodal connections or facilitate service integration between rail service and other modes, including between 

49 USC 24407. 


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intercity rail passenger transportation and intercity bus service 

or commercial air service. 

‘‘(10) The development and implementation of a safety program or institute designed to improve rail safety. 

‘‘(11) Any research that the Secretary considers necessary 

to advance any particular aspect of rail-related capital, operations, or safety improvements. 

‘‘(12) Workforce development and training activities, coordinated to the extent practicable with the existing local training 

programs supported by the Department of Transportation, the 

Department of Labor, and the Department of Education. 

‘‘(d) APPLICATION PROCESS.—The Secretary shall prescribe the 

form and manner of filing an application under this section. 

‘‘(e) PROJECT SELECTION CRITERIA.— ‘‘(1) IN GENERAL.—In selecting a recipient of a grant for 

an eligible project, the Secretary shall— 

‘‘(A) give preference to a proposed project for which 

the proposed Federal share of total project costs does not 

exceed 50 percent; and 

‘‘(B) after factoring in preference to projects under 

subparagraph (A), select projects that will maximize the 

net benefits of the funds appropriated for use under this 

section, considering the cost-benefit analysis of the proposed project, including anticipated private and public 

benefits relative to the costs of the proposed project and 

factoring in the other considerations described in paragraph 

(2). 

‘‘(2) OTHER CONSIDERATIONS.—The Secretary shall also consider the following: 

‘‘(A) The degree to which the proposed project’s business plan considers potential private sector participation 

in the financing, construction, or operation of the project. 

‘‘(B) The recipient’s past performance in developing 

and delivering similar projects, and previous financial contributions. 

‘‘(C) Whether the recipient has or will have the legal, 

financial, and technical capacity to carry out the proposed 

project, satisfactory continuing control over the use of the 

equipment or facilities, and the capability and willingness 

to maintain the equipment or facilities. 

‘‘(D) If applicable, the consistency of the proposed 

project with planning guidance and documents set forth 

by the Secretary or required by law or State rail plans 

developed under chapter 227. 

‘‘(E) If applicable, any technical evaluation ratings the 

proposed project received under previous competitive grant 

programs administered by the Secretary. 

‘‘(F) Such other factors as the Secretary considers relevant to the successful delivery of the project. 

‘‘(3) BENEFITS.—The benefits described in paragraph (1)(B) 

may include the effects on system and service performance, 

including measures such as improved safety, competitiveness, 

reliability, trip or transit time, resilience, efficiencies from 

improved integration with other modes, the ability to meet 

existing or anticipated demand, and any other benefits. 

‘‘(f) PERFORMANCE MEASURES.—The Secretary shall establish 

performance measures for each grant recipient to assess progress 


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in achieving strategic goals and objectives. The Secretary may 

require a grant recipient to periodically report information related 

to such performance measures. 

‘‘(g) RURAL AREAS.— 

‘‘(1) IN GENERAL.—Of the amounts appropriated under this 

section, at least 25 percent shall be available for projects in 

rural areas. The Secretary shall consider a project to be in 

a rural area if all or the majority of the project (determined 

by the geographic location or locations where the majority 

of the project funds will be spent) is located in a rural area. 

‘‘(2) DEFINITION OF RURAL AREA.—In this subsection, the 

term ‘rural area’ means any area not in an urbanized area, 

as defined by the Bureau of the Census. 

‘‘(h) FEDERAL SHARE OF TOTAL PROJECT COSTS.— 

‘‘(1) TOTAL PROJECT COSTS.—The Secretary shall estimate 

the total costs of a project under this section based on the 

best available information, including any available engineering 

studies, studies of economic feasibility, environmental analyses, 

and information on the expected use of equipment or facilities. 

‘‘(2) FEDERAL SHARE.—The Federal share of total project 

costs under this section shall not exceed 80 percent. 

‘‘(3) TREATMENT OF PASSENGER RAIL REVENUE.—If Amtrak 

or another rail carrier is an applicant under this section, 

Amtrak or the other rail carrier, as applicable, may use ticket 

and other revenues generated from its operations and other 

sources to satisfy the non-Federal share requirements. 

‘‘(i) APPLICABILITY.—Except as specifically provided in this section, the use of any amounts appropriated for grants under this 

section shall be subject to the requirements of this chapter. 

‘‘(j) AVAILABILITY.—Amounts appropriated for carrying out this 

section shall remain available until expended. 

‘‘(k) LIMITATION.—The requirements of sections 24402, 24403, 

and 24404 and the definition contained in 24401(1) shall not apply 

to this section. 

‘‘(l) SPECIAL TRANSPORTATION CIRCUMSTANCES.— 

‘‘(1) IN GENERAL.—In carrying out this chapter, the Secretary shall allocate an appropriate portion of the amounts 

available to programs in this chapter to provide grants to 

States— 

‘‘(A) in which there is no intercity passenger rail 

service, for the purpose of funding freight rail capital 

projects that are on a State rail plan developed under 

chapter 227 that provide public benefits (as defined in 

chapter 227), as determined by the Secretary; or 

‘‘(B) in which the rail transportation system is not 

physically connected to rail systems in the continental 

United States or may not otherwise qualify for a grant 

under this section due to the unique characteristics of 

the geography of that State or other relevant considerations, for the purpose of funding transportation-related 

capital projects. 

‘‘(2) DEFINITION.—For the purposes of this subsection, the 

term ‘appropriate portion’ means a share, for each State subject 

to paragraph (1), not less than the share of the total railroad 

route miles in such State of the total railroad route miles 

in the United States, excluding from all totals the route miles 


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129 STAT. 1648 PUBLIC LAW 114–94—DEC. 4, 2015 

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

(b) CONFORMING AMENDMENT.—The table of contents of chapter 

244 of title 49, United States Code, is amended by adding after 

the item relating to section 24406 the following: 

‘‘24407. Consolidated rail infrastructure and safety improvements.’’. 

(c) REPEALS.— 

(1) Sections 20154 and 20167 of chapter 201 of title 49, 

United States Code, and the items relating to such sections 

in the table of contents of such chapter, are repealed. 

(2) Section 24105 of chapter 241 of title 49, United States 

Code, and the item relating to such section in the table of 

contents of such chapter, is repealed. 

(3) Chapter 225 of title 49, United States Code, and the 

item relating to such chapter in the table of contents of subtitle 

V of such title, is repealed. 

(4) Section 22108 of chapter 221 of title 49, United States 

Code, and the item relating to such section in the table of 

contents of such chapter, are repealed. 

SEC. 11302. FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD 

REPAIR. 

(a) AMENDMENT.—Chapter 249 of title 49, United States Code, 

is amended by inserting after section 24910 the following: 

‘‘§ 24911. Federal-State partnership for state of good repair 

‘‘(a) DEFINITIONS.—In this section: 

‘‘(1) APPLICANT.—The term ‘applicant’ means— 

‘‘(A) a State (including the District of Columbia); 

‘‘(B) a group of States; 

‘‘(C) an Interstate Compact; 

‘‘(D) a public agency or publicly chartered authority 

established by 1 or more States; 

‘‘(E) a political subdivision of a State; 

‘‘(F) Amtrak, acting on its own behalf or under a 

cooperative agreement with 1 or more States; or 

‘‘(G) any combination of the entities described in subparagraphs (A) through (F). 

‘‘(2) CAPITAL PROJECT.—The term ‘capital project’ means— 

‘‘(A) a project primarily intended to replace, rehabilitate, or repair major infrastructure assets utilized for providing intercity rail passenger service, including tunnels, 

bridges, stations, and other assets, as determined by the 

Secretary; or 

‘‘(B) a project primarily intended to improve intercity 

passenger rail performance, including reduced trip times, 

increased train frequencies, higher operating speeds, and 

other improvements, as determined by the Secretary. 

‘‘(3) INTERCITY RAIL PASSENGER TRANSPORTATION.—The 

term ‘intercity rail passenger transportation’ has the meaning 

given the term in section 24102. 

‘‘(4) NORTHEAST CORRIDOR.—The term ‘Northeast Corridor’ 

means— 

‘‘(A) the main rail line between Boston, Massachusetts 

and the District of Columbia; 

49 USC 24911. 

49 USC 

prec. 22101. 

49 USC 

prec. 20101. 

49 USC 

prec. 24101. 

49 USC 

prec. 24401. 


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‘‘(B) the branch rail lines connecting to Harrisburg, 

Pennsylvania, Springfield, Massachusetts, and Spuyten 

Duyvil, New York; and 

‘‘(C) facilities and services used to operate and maintain lines described in subparagraphs (A) and (B). 

‘‘(5) QUALIFIED RAILROAD ASSET.—The term ‘qualified railroad asset’ means infrastructure, equipment, or a facility that— 

‘‘(A) is owned or controlled by an eligible applicant; 

‘‘(B) is contained in the planning document developed 

under section 24904 and for which a cost-allocation policy 

has been developed under section 24905(c), or is contained 

in an equivalent planning document and for which a similar 

cost-allocation policy has been developed; and 

‘‘(C) was not in a state of good repair on the date 

of enactment of the Passenger Rail Reform and Investment 

Act of 2015. 

‘‘(b) GRANT PROGRAM AUTHORIZED.—The Secretary of Transportation shall develop and implement a program for issuing grants 

to applicants, on a competitive basis, to fund capital projects that 

reduce the state of good repair backlog with respect to qualified 

railroad assets. 

‘‘(c) ELIGIBLE PROJECTS.—Projects eligible for grants under this 

section include capital projects to replace or rehabilitate qualified 

railroad assets, including— 

‘‘(1) capital projects to replace existing assets in-kind; 

‘‘(2) capital projects to replace existing assets with assets 

that increase capacity or provide a higher level of service; 

‘‘(3) capital projects to ensure that service can be maintained while existing assets are brought to a state of good 

repair; and 

‘‘(4) capital projects to bring existing assets into a state 

of good repair. 

‘‘(d) PROJECT SELECTION CRITERIA.—In selecting an applicant 

for a grant under this section, the Secretary shall— 

‘‘(1) give preference to eligible projects for which— 

‘‘(A) Amtrak is not the sole applicant; 

‘‘(B) applications were submitted jointly by multiple 

applicants; and 

‘‘(C) the proposed Federal share of total project costs 

does not exceed 50 percent; and 

‘‘(2) take into account— 

‘‘(A) the cost-benefit analysis of the proposed project, 

including anticipated private and public benefits relative 

to the costs of the proposed project, including— 

‘‘(i) effects on system and service performance; 

‘‘(ii) effects on safety, competitiveness, reliability, 

trip or transit time, and resilience; 

‘‘(iii) efficiencies from improved integration with 

other modes; and 

‘‘(iv) ability to meet existing or anticipated 

demand; 

‘‘(B) the degree to which the proposed project’s business 

plan considers potential private sector participation in the 

financing, construction, or operation of the proposed project; 

‘‘(C) the applicant’s past performance in developing 

and delivering similar projects, and previous financial contributions; 


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‘‘(D) whether the applicant has, or will have— 

‘‘(i) the legal, financial, and technical capacity to 

carry out the project; 

‘‘(ii) satisfactory continuing control over the use 

of the equipment or facilities; and 

‘‘(iii) the capability and willingness to maintain 

the equipment or facilities; 

‘‘(E) if applicable, the consistency of the project with 

planning guidance and documents set forth by the Secretary or required by law; and 

‘‘(F) any other relevant factors, as determined by the 

Secretary. 

‘‘(e) NORTHEAST CORRIDOR PROJECTS.— 

‘‘(1) COMPLIANCE WITH USAGE AGREEMENTS.—Grant funds 

may not be provided under this section to an eligible recipient 

for an eligible project located on the Northeast Corridor unless 

Amtrak and the public authorities providing commuter rail 

passenger transportation on the Northeast Corridor are in 

compliance with section 24905(c)(2). 

‘‘(2) CAPITAL INVESTMENT PLAN.—When selecting projects 

located on the Northeast Corridor, the Secretary shall consider 

the appropriate sequence and phasing of projects as contained 

in the Northeast Corridor capital investment plan developed 

pursuant to section 24904(a). 

‘‘(f) FEDERAL SHARE OF TOTAL PROJECT COSTS.— 

‘‘(1) TOTAL PROJECT COST.—The Secretary shall estimate 

the total cost of a project under this section based on the 

best available information, including engineering studies, 

studies of economic feasibility, environmental analyses, and 

information on the expected use of equipment or facilities. 

‘‘(2) FEDERAL SHARE.—The Federal share of total costs for 

a project under this section shall not exceed 80 percent. 

‘‘(3) TREATMENT OF AMTRAK REVENUE.—If Amtrak is an 

applicant under this section, Amtrak may use ticket and other 

revenues generated from its operations and other sources to 

satisfy the non-Federal share requirements. 

‘‘(g) LETTERS OF INTENT.— 

‘‘(1) IN GENERAL.—The Secretary shall, to the maximum 

extent practicable, issue a letter of intent to a grantee under 

this section that— 

‘‘(A) announces an intention to obligate, for a major 

capital project under this section, an amount from future 

available budget authority specified in law that is not 

more than the amount stipulated as the financial participation of the Secretary in the project; and 

‘‘(B) states that the contingent commitment— 

‘‘(i) is not an obligation of the Federal Government; 

and 

‘‘(ii) is subject to the availability of appropriations 

for grants under this section and subject to Federal 

laws in force or enacted after the date of the contingent 

commitment. 

‘‘(2) CONGRESSIONAL NOTIFICATION.— 

‘‘(A) IN GENERAL.—Not later than 30 days before 

issuing a letter under paragraph (1), the Secretary shall 

submit written notification to— 


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‘‘(i) the Committee on Commerce, Science, and 

Transportation of the Senate; 

‘‘(ii) the Committee on Appropriations of the 

Senate; 

‘‘(iii) the Committee on Transportation and Infrastructure of the House of Representatives; and 

‘‘(iv) the Committee on Appropriations of the House 

of Representatives. 

‘‘(B) CONTENTS.—The notification submitted pursuant 

to subparagraph (A) shall include— 

‘‘(i) a copy of the proposed letter; 

‘‘(ii) the criteria used under subsection (d) for 

selecting the project for a grant award; and 

‘‘(iii) a description of how the project meets such 

criteria. 

‘‘(3) APPROPRIATIONS REQUIRED.—An obligation or administrative commitment may be made under this section only when 

amounts are appropriated for such purpose. 

‘‘(h) AVAILABILITY.—Amounts appropriated for carrying out this 

section shall remain available until expended. 

‘‘(i) GRANT CONDITIONS.—Except as specifically provided in this 

section, the use of any amounts appropriated for grants under 

this section shall be subject to the grant conditions under section 

24405.’’. 

(b) CONFORMING AMENDMENT.—The table of contents for 

chapter 249 is amended by inserting after the item relating to 

section 24910 the following: 

‘‘24911. Federal-State partnership for state of good repair.’’. 

SEC. 11303. RESTORATION AND ENHANCEMENT GRANTS. 

(a) IN GENERAL.—Chapter 244 of title 49, United States Code, 

is further amended by adding at the end the following: 

‘‘§ 24408. Restoration and enhancement grants 

‘‘(a) APPLICANT DEFINED.—Notwithstanding section 24401(1), 

in this section, the term ‘applicant’ means— 

‘‘(1) a State, including the District of Columbia; 

‘‘(2) a group of States; 

‘‘(3) an Interstate Compact; 

‘‘(4) a public agency or publicly chartered authority established by 1 or more States; 

‘‘(5) a political subdivision of a State; 

‘‘(6) Amtrak or another rail carrier that provides intercity 

rail passenger transportation; 

‘‘(7) Any rail carrier in partnership with at least 1 of 

the entities described in paragraphs (1) through (5); and 

‘‘(8) any combination of the entities described in paragraphs 

(1) through (7). 

‘‘(b) GRANTS AUTHORIZED.—The Secretary of Transportation 

shall develop and implement a program for issuing operating assistance grants to applicants, on a competitive basis, for the purpose 

of initiating, restoring, or enhancing intercity rail passenger 

transportation. 

‘‘(c) APPLICATION.—An applicant for a grant under this section 

shall submit to the Secretary— 

‘‘(1) a capital and mobilization plan that— 

49 USC 24408. 

49 USC 

prec. 24901. 


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‘‘(A) describes any capital investments, service planning actions (such as environmental reviews), and mobilization actions (such as qualification of train crews) required 

for initiation of intercity rail passenger transportation; and 

‘‘(B) includes the timeline for undertaking and completing each of the investments and actions referred to 

in subparagraph (A); 

‘‘(2) an operating plan that describes the planned operation 

of the service, including— 

‘‘(A) the identity and qualifications of the train operator; 

‘‘(B) the identity and qualifications of any other service 

providers; 

‘‘(C) service frequency; 

‘‘(D) the planned routes and schedules; 

‘‘(E) the station facilities that will be utilized; 

‘‘(F) projected ridership, revenues, and costs; 

‘‘(G) descriptions of how the projections under subparagraph (F) were developed; 

‘‘(H) the equipment that will be utilized, how such 

equipment will be acquired or refurbished, and where such 

equipment will be maintained; and 

‘‘(I) a plan for ensuring safe operations and compliance 

with applicable safety regulations; 

‘‘(3) a funding plan that— 

‘‘(A) describes the funding of initial capital costs and 

operating costs for the first 3 years of operation; 

‘‘(B) includes a commitment by the applicant to provide 

the funds described in subparagraph (A) to the extent 

not covered by Federal grants and revenues; and 

‘‘(C) describes the funding of operating costs and capital 

costs, to the extent necessary, after the first 3 years of 

operation; and 

‘‘(4) a description of the status of negotiations and agreements with— 

‘‘(A) each of the railroads or regional transportation 

authorities whose tracks or facilities would be utilized by 

the service; 

‘‘(B) the anticipated railroad carrier, if such entity is 

not part of the applicant group; and 

‘‘(C) any other service providers or entities expected 

to provide services or facilities that will be used by the 

service, including any required access to Amtrak systems, 

stations, and facilities if Amtrak is not part of the applicant 

group. 

‘‘(d) PRIORITIES.—In awarding grants under this section, the 

Secretary shall give priority to applications— 

‘‘(1) for which planning, design, any environmental reviews, 

negotiation of agreements, acquisition of equipment, construction, and other actions necessary for initiation of service have 

been completed or nearly completed; 

‘‘(2) that would restore service over routes formerly operated by Amtrak, including routes described in section 11304 

of the Passenger Rail Reform and Investment Act of 2015; 

‘‘(3) that would provide daily or daytime service over routes 

where such service did not previously exist; 


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‘‘(4) that include funding (including funding from railroads), 

or other significant participation by State, local, and regional 

governmental and private entities; 

‘‘(5) that include a funding plan that demonstrates the 

intercity rail passenger service will be financially sustainable 

beyond the 3-year grant period; 

‘‘(6) that would provide service to regions and communities 

that are underserved or not served by other intercity public 

transportation; 

‘‘(7) that would foster economic development, particularly 

in rural communities and for disadvantaged populations; 

‘‘(8) that would provide other non-transportation benefits; 

and 

‘‘(9) that would enhance connectivity and geographic coverage of the existing national network of intercity rail passenger 

service. 

‘‘(e) LIMITATIONS.— 

‘‘(1) DURATION.—Federal operating assistance grants 

authorized under this section for any individual intercity rail 

passenger transportation route may not provide funding for 

more than 3 years and may not be renewed. 

‘‘(2) LIMITATION.—Not more than 6 of the operating assistance grants awarded pursuant to subsection (b) may be simultaneously active. 

‘‘(3) MAXIMUM FUNDING.—Grants described in paragraph 

(1) may not exceed— 

‘‘(A) 80 percent of the projected net operating costs 

for the first year of service; 

‘‘(B) 60 percent of the projected net operating costs 

for the second year of service; and 

‘‘(C) 40 percent of the projected net operating costs 

for the third year of service. 

‘‘(f) USE WITH CAPITAL GRANTS AND OTHER FEDERAL

FUNDING.—A recipient of an operating assistance grant under subsection (b) may use that grant in combination with other Federal 

grants awarded that would benefit the applicable service. 

‘‘(g) AVAILABILITY.—Amounts appropriated for carrying out this 

section shall remain available until expended. 

‘‘(h) COORDINATION WITH AMTRAK.—If the Secretary awards 

a grant under this section to a rail carrier other than Amtrak, 

Amtrak may be required consistent with section 24711(c)(1) of this 

title to provide access to its reservation system, stations, and facilities that are directly related to operations to such carrier, to the 

extent necessary to carry out the purposes of this section. The 

Secretary may award an appropriate portion of the grant to Amtrak 

as compensation for this access. 

‘‘(i) CONDITIONS.— 

‘‘(1) GRANT AGREEMENT.—The Secretary shall require a 

grant recipient under this section to enter into a grant agreement that requires such recipient to provide similar information 

regarding the route performance, financial, and ridership 

projections, and capital and business plans that Amtrak is 

required to provide, and such other data and information as 

the Secretary considers necessary. 

‘‘(2) INSTALLMENTS; TERMINATION.—The Secretary may— 

‘‘(A) award grants under this section in installments, 

as the Secretary considers appropriate; and 


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129 STAT. 1654 PUBLIC LAW 114–94—DEC. 4, 2015 

‘‘(B) terminate any grant agreement upon— 

‘‘(i) the cessation of service; or 

‘‘(ii) the violation of any other term of the grant 

agreement. 

‘‘(3) GRANT CONDITIONS.—The Secretary shall require each 

recipient of a grant under this section to comply with the 

grant requirements of section 24405. 

‘‘(j) REPORT.—Not later than 4 years after the date of enactment 

of the Passenger Rail Reform and Investment Act of 2015, the 

Secretary, after consultation with grant recipients under this section, shall submit to Congress a report that describes— 

‘‘(1) the implementation of this section; 

‘‘(2) the status of the investments and operations funded 

by such grants; 

‘‘(3) the performance of the routes funded by such grants; 

‘‘(4) the plans of grant recipients for continued operation 

and funding of such routes; and 

‘‘(5) any legislative recommendations.’’. 

(b) CONFORMING AMENDMENTS.— 

(1) CHAPTER 244.—Chapter 244 of title 49, United States 

Code, is further amended— 

(A) in the table of contents by adding at the end 

the following: 

‘‘24408. Restoration and enhancement grants.’’; 

(B) in the chapter heading by striking ‘‘INTERCITY 

PASSENGER RAIL SERVICE CORRIDOR CAPITAL 

ASSISTANCE’’ and inserting ‘‘RAIL IMPROVEMENT 

GRANTS’’; 

(C) in section 24402 by striking subsection (j); and 

(D) in section 24405— 

(i) in subsection (b)(2) by striking ‘‘(43’’ and 

inserting ‘‘(45’’; 

(ii) in subsection (c)(2)(B) by striking ‘‘protective 

arrangements established’’ and inserting ‘‘protective 

arrangements that are equivalent to the protective 

arrangements established’’; 

(iii) in subsection (d)(1), in the matter preceding 

subparagraph (A), by inserting ‘‘or unless Amtrak 

ceased providing intercity passenger railroad transportation over the affected route more than 3 years before 

the commencement of new service’’ after ‘‘unless such 

service was provided solely by Amtrak to another 

entity’’; and 

(iv) in subsection (f) by striking ‘‘under this chapter 

for commuter rail passenger transportation, as defined 

in section 24102(4) of this title.’’ and inserting ‘‘under 

this chapter for commuter rail passenger transportation (as defined in section 24102(3)).’’; and 

(2) TABLE OF CHAPTERS AMENDMENT.—The item relating 

to chapter 244 in the table of chapters of subtitle V of title 

49, United States Code, is amended by striking ‘‘Intercity passenger rail service corridor capital assistance’’ and inserting 

‘‘Rail improvement grants’’. 

49 USC 

prec. 20101. 

49 USC 

prec. 24401. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1655 

SEC. 11304. GULF COAST RAIL SERVICE WORKING GROUP. 

(a) IN GENERAL.—Not later than 90 days after the date of 

enactment of this Act, the Secretary shall convene a working group 

to evaluate the restoration of intercity rail passenger service in 

the Gulf Coast region between New Orleans, Louisiana, and 

Orlando, Florida. 

(b) MEMBERSHIP.—The working group convened pursuant to 

subsection (a) shall consist of representatives of— 

(1) the Federal Railroad Administration, which shall serve 

as chair of the working group; 

(2) Amtrak; 

(3) the States along the proposed route or routes; 

(4) regional transportation planning organizations and 

metropolitan planning organizations, municipalities, and 

communities along the proposed route or routes, which shall 

be selected by the Administrator; 

(5) the Southern Rail Commission; 

(6) railroad carriers whose tracks may be used for such 

service; and 

(7) other entities determined appropriate by the Secretary, 

which may include other railroad carriers that express an 

interest in Gulf Coast service. 

(c) RESPONSIBILITIES.—The working group shall— 

(1) evaluate all options for restoring intercity rail passenger 

service in the Gulf Coast region, including options outlined 

in the report transmitted to Congress pursuant to section 226 

of the Passenger Rail Investment and Improvement Act of 

2008 (division B of Public Law 110–432); 

(2) select a preferred option for restoring such service; 

(3) develop a prioritized inventory of capital projects and 

other actions required to restore such service and cost estimates 

for such projects or actions; and 

(4) identify Federal and non-Federal funding sources 

required to restore such service, including options for entering 

into public-private partnerships to restore such service. 

(d) REPORT.—Not later than 9 months after the date of enactment of this Act, the working group shall submit a report to 

the Committee on Commerce, Science, and Transportation of the 

Senate and the Committee on Transportation and Infrastructure 

of the House of Representatives that includes— 

(1) the preferred option selected under subsection (c)(2) 

and the reasons for selecting such option; 

(2) the information described in subsection (c)(3); 

(3) the funding sources identified under subsection (c)(4); 

(4) the costs and benefits of restoring intercity rail passenger transportation in the region; and 

(5) any other information the working group determines 

appropriate. 

(e) FUNDING.—From funds made available under section 

11101(d), the Secretary shall provide— 

(1) financial assistance to the working group to perform 

requested independent technical analysis of issues before the 

working group; and 

(2) administrative expenses that the Secretary determines 

necessary. 


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129 STAT. 1656 PUBLIC LAW 114–94—DEC. 4, 2015 

SEC. 11305. NORTHEAST CORRIDOR COMMISSION. 

(a) COMPOSITION.—Section 24905(a) of title 49, United States 

Code, is amended— 

(1) in paragraph (1)— 

(A) in the matter preceding subparagraph (A) by 

inserting ‘‘, infrastructure investments,’’ after ‘‘rail operations’’; 

(B) by striking subparagraph (B) and inserting the 

following: 

‘‘(B) members representing the Department of 

Transportation, including the Office of the Secretary, the 

Federal Railroad Administration, and the Federal Transit 

Administration;’’; and 

(C) in subparagraph (D) by inserting ‘‘and commuter’’ 

after ‘‘freight’’; and 

(2) by amending paragraph (6) to read as follows: 

‘‘(6) The members of the Commission shall elect co-chairs 

consisting of 1 member described in paragraph (1)(B) and 1 

member described in paragraph (1)(C).’’. 

(b) STATEMENT OF GOALS AND RECOMMENDATIONS.—Section 

24905(b) of title 49, United States Code, is amended— 

(1) in paragraph (1) by inserting ‘‘and periodically update’’ 

after ‘‘develop’’; 

(2) in paragraph (2)(A) by striking ‘‘beyond those specified 

in the state-of-good-repair plan under section 211 of the Passenger Rail Investment and Improvement Act of 2008’’; and 

(3) by adding at the end the following: 

‘‘(3) SUBMISSION OF STATEMENT OF GOALS, RECOMMENDATIONS, AND PERFORMANCE REPORTS.—The Commission shall 

submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation 

and Infrastructure of the House of Representatives— 

‘‘(A) any updates made to the statement of goals developed under paragraph (1) not later than 60 days after 

such updates are made; and 

‘‘(B) annual performance reports and recommendations 

for improvements, as appropriate, issued not later than 

March 31 of each year, for the prior fiscal year, which 

summarize— 

‘‘(i) the operations and performance of commuter, 

intercity, and freight rail transportation along the 

Northeast Corridor; and 

‘‘(ii) the delivery of the capital investment plan 

described in section 24904.’’. 

(c) COST ALLOCATION POLICY.—Section 24905(c) of title 49, 

United States Code, is amended— 

(1) in the subsection heading by striking ‘‘ACCESS COSTS’’ 

and inserting ‘‘ALLOCATION OF COSTS’’; 

(2) in paragraph (1)— 

(A) in the paragraph heading by striking ‘‘FORMULA’’ 

and inserting ‘‘POLICY’’; 

(B) in the matter preceding subparagraph (A) by 

striking ‘‘Within 2 years after the date of enactment of 

the Passenger Rail Investment and Improvement Act of 

2008, the Commission’’ and inserting ‘‘The Commission’’; 

(C) in subparagraph (A) by striking ‘‘formula’’ and 

inserting ‘‘policy’’; and 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1657 

(D) by striking subparagraphs (B) through (D) and 

inserting the following: 

‘‘(B) develop a proposed timetable for implementing 

the policy; 

‘‘(C) submit the policy and the timetable developed 

under subparagraph (B) to the Surface Transportation 

Board, the Committee on Commerce, Science, and 

Transportation of the Senate, and the Committee on 

Transportation and Infrastructure of the House of Representatives; 

‘‘(D) not later than October 1, 2015, adopt and implement the policy in accordance with the timetable; and 

‘‘(E) with the consent of a majority of its members, 

petition the Surface Transportation Board to appoint a 

mediator to assist the Commission members through nonbinding mediation to reach an agreement under this section.’’; 

(3) in paragraph (2)— 

(A) by striking ‘‘formula proposed in’’ and inserting 

‘‘policy developed under’’; and 

(B) in the second sentence— 

(i) by striking ‘‘the timetable, the Commission shall 

petition the Surface Transportation Board to’’ and 

inserting ‘‘paragraph (1)(D) or fail to comply with the 

policy thereafter, the Surface Transportation Board 

shall’’; and 

(ii) by striking ‘‘amounts for such services in 

accordance with section 24904(c) of this title’’ and 

inserting ‘‘for such usage in accordance with the procedures and procedural schedule applicable to a proceeding under section 24903(c), after taking into 

consideration the policy developed under paragraph 

(1)(A), as applicable’’; 

(4) in paragraph (3), by striking ‘‘formula’’ and inserting 

‘‘policy’’; and 

(5) by adding at the end the following: 

‘‘(4) REQUEST FOR DISPUTE RESOLUTION.—If a dispute arises 

with the implementation of, or compliance with, the policy 

developed under paragraph (1), the Commission, Amtrak, or 

public authorities providing commuter rail passenger transportation on the Northeast Corridor may request that the Surface 

Transportation Board conduct dispute resolution. The Surface 

Transportation Board shall establish procedures for resolution 

of disputes brought before it under this paragraph, which may 

include the provision of professional mediation services.’’. 

(d) CONFORMING AMENDMENTS.— 

(1) TITLE 49.—Section 24905 of title 49, United States Code, 

is amended— 

(A) in the section heading by striking ‘‘INFRASTRUCTURE AND OPERATIONS ADVISORY’’; 

(B) in subsection (a)— 

(i) in the heading by striking ‘‘INFRASTRUCTURE

AND OPERATIONS ADVISORY’’; and 

(ii) by striking ‘‘Infrastructure and Operations 

Advisory’’; 

(C) by striking subsection (d); 


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129 STAT. 1658 PUBLIC LAW 114–94—DEC. 4, 2015 

(D) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively; 

(E) in subsection (d), as so redesignated— 

(i) by striking ‘‘to the Commission’’ and inserting 

‘‘to the Secretary for the use of the Commission and 

the Northeast Corridor Safety Committee’’; and 

(ii) by striking ‘‘for the period encompassing fiscal 

years 2009 through 2013 to carry out this section’’ 

and inserting ‘‘to carry out this section during fiscal 

years 2016 through 2020, in addition to any amounts 

withheld under section 11101(g) of the Passenger Rail 

Reform and Investment Act of 2015’’; and 

(F) in subsection (e)(2), as so redesignated, by striking 

‘‘on the main line.’’ and inserting ‘‘on the main line and 

meet annually with the Commission on the topic of Northeast Corridor safety and security.’’. 

(2) TABLE OF CONTENTS.—The table of contents for chapter 

249 of title 49, United States Code, is amended by striking 

the item relating to section 24905 and inserting the following: 

‘‘24905. Northeast Corridor Commission.’’. 

SEC. 11306. NORTHEAST CORRIDOR PLANNING. 

(a) AMENDMENT.—Chapter 249 of title 49, United States Code, 

is amended— 

(1) by redesignating section 24904 as section 24903; and 

(2) by inserting after section 24903, as so redesignated, 

the following: 

‘‘§ 24904. Northeast Corridor planning 

‘‘(a) NORTHEAST CORRIDOR CAPITAL INVESTMENT PLAN.— 

‘‘(1) REQUIREMENT.—Not later than May 1 of each year, 

the Northeast Corridor Commission established under section 

24905 (referred to in this section as the ‘Commission’) shall— 

‘‘(A) develop a capital investment plan for the Northeast Corridor; and 

‘‘(B) submit the capital investment plan to the Secretary of Transportation and the Committee on Commerce, 

Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House 

of Representatives. 

‘‘(2) CONTENTS.—The capital investment plan shall— 

‘‘(A) reflect coordination and network optimization 

across the entire Northeast Corridor; 

‘‘(B) integrate the individual capital and service plans 

developed by each operator using the methods described 

in the cost allocation policy developed under section 

24905(c); 

‘‘(C) cover a period of 5 fiscal years, beginning with 

the first fiscal year after the date on which the plan is 

completed; 

‘‘(D) notwithstanding section 24902(b), identify, 

prioritize, and phase the implementation of projects and 

programs to achieve the service outcomes identified in the 

Northeast Corridor service development plan and the asset 

condition needs identified in the Northeast Corridor asset 

management plans, once available, and consider— 

49 USC 24904. 

49 USC 

prec. 24901. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1659 

‘‘(i) the benefits and costs of capital investments 

in the plan; 

‘‘(ii) project and program readiness; 

‘‘(iii) the operational impacts; and 

‘‘(iv) Federal and non-Federal funding availability; 

‘‘(E) categorize capital projects and programs as primarily associated with— 

‘‘(i) normalized capital replacement and basic infrastructure renewals; 

‘‘(ii) replacement or rehabilitation of major Northeast Corridor infrastructure assets, including tunnels, 

bridges, stations, and other assets; 

‘‘(iii) statutory, regulatory, or other legal mandates; 

‘‘(iv) improvements to support service enhancements or growth; or 

‘‘(v) strategic initiatives that will improve overall 

operational performance or lower costs; 

‘‘(F) identify capital projects and programs that are 

associated with more than 1 category described in subparagraph (E); 

‘‘(G) describe the anticipated outcomes of each project 

or program, including an assessment of— 

‘‘(i) the potential effect on passenger accessibility, 

operations, safety, reliability, and resiliency; 

‘‘(ii) the ability of infrastructure owners and operators to meet regulatory requirements if the project 

or program is not funded; and 

‘‘(iii) the benefits and costs; and 

‘‘(H) include a financial plan. 

‘‘(3) FINANCIAL PLAN.—The financial plan under paragraph 

(2)(H) shall— 

‘‘(A) identify funding sources and financing methods; 

‘‘(B) identify the expected allocated shares of costs 

pursuant to the cost allocation policy developed under section 24905(c); 

‘‘(C) identify the projects and programs that the 

Commission expects will receive Federal financial assistance; and 

‘‘(D) identify the eligible entity or entities that the 

Commission expects will receive the Federal financial 

assistance described under subparagraph (C) and implement each capital project. 

‘‘(b) FAILURE TO DEVELOP A CAPITAL INVESTMENT PLAN.—If 

a capital investment plan has not been developed by the Commission for a given fiscal year, then the funds assigned to the Northeast 

Corridor account established under section 24317(b) for that fiscal 

year may be spent only on— 

‘‘(1) capital projects described in clause (i) or (iii) of subsection (a)(2)(E) of this section; or 

‘‘(2) capital projects described in subsection (a)(2)(E)(iv) 

or (v) of this section that are for the sole benefit of Amtrak. 

‘‘(c) NORTHEAST CORRIDOR ASSET MANAGEMENT.— 

‘‘(1) CONTENTS.—With regard to its infrastructure, Amtrak 

and each State and public transportation entity that owns 

infrastructure that supports or provides for intercity rail passenger transportation on the Northeast Corridor shall develop 


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129 STAT. 1660 PUBLIC LAW 114–94—DEC. 4, 2015 

an asset management system and develop and update, as necessary, a Northeast Corridor asset management plan for each 

service territory described in subsection (a) that— 

‘‘(A) is consistent with the Federal Transit Administration process, as authorized under section 5326, when implemented; and 

‘‘(B) includes, at a minimum— 

‘‘(i) an inventory of all capital assets owned by 

the developer of the asset management plan; 

‘‘(ii) an assessment of asset condition; 

‘‘(iii) a description of the resources and processes 

necessary to bring or maintain those assets in a state 

of good repair, including decision-support tools and 

investment prioritization methods; and 

‘‘(iv) a description of changes in asset condition 

since the previous version of the plan. 

‘‘(2) TRANSMITTAL.—Each entity described in paragraph (1) 

shall transmit to the Commission— 

‘‘(A) not later than 2 years after the date of enactment 

of the Passenger Rail Reform and Investment Act of 2015, 

a Northeast Corridor asset management plan developed 

under paragraph (1); and 

‘‘(B) at least biennially thereafter, an update to such 

plan. 

‘‘(d) NORTHEAST CORRIDOR SERVICE DEVELOPMENT PLAN

UPDATES.—Not less frequently than once every 10 years, the 

Commission shall update the Northeast Corridor service development plan. 

‘‘(e) DEFINITION OF NORTHEAST CORRIDOR.—In this section, the 

term ‘Northeast Corridor’ means the main line between Boston, 

Massachusetts, and the District of Columbia, and the Northeast 

Corridor branch lines connecting to Harrisburg, Pennsylvania, 

Springfield, Massachusetts, and Spuyten Duyvil, New York, 

including the facilities and services used to operate and maintain 

those lines.’’. 

(b) CONFORMING AMENDMENTS.— 

(1) NOTE AND MORTGAGE.—Section 24907(a) of title 49, 

United States Code, is amended by striking ‘‘section 24904 

of this title’’ and inserting ‘‘section 24903’’. 

(2) TABLE OF CONTENTS.—The table of contents for chapter 

249 of title 49, United States Code, is amended— 

(A) by redesignating the item relating to section 24904 

as relating to section 24903; and 

(B) by inserting after the item relating to section 24903, 

as so redesignated, the following: 

‘‘24904. Northeast Corridor planning.’’. 

(3) REPEAL.—Section 211 of the Passenger Rail Investment 

and Improvement Act of 2008 (49 U.S.C. 24902 note) is 

repealed. 

SEC. 11307. COMPETITION. 

(a) COMPETITIVE PASSENGER RAIL SERVICE PILOT PROGRAM.— 

Section 24711 of title 49, United States Code, is amended to read 

as follows: 

49 USC 

prec. 24901. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1661 

‘‘§ 24711. Competitive passenger rail service pilot program 

‘‘(a) IN GENERAL.—Not later than 18 months after the date 

of enactment of the Passenger Rail Reform and Investment Act 

of 2015, the Secretary of Transportation shall promulgate a rule 

to implement a pilot program for competitive selection of eligible 

petitioners described in subsection (b)(3) in lieu of Amtrak to operate 

not more than 3 long-distance routes (as defined in section 24102) 

operated by Amtrak on the date of enactment of such Act. 

‘‘(b) PILOT PROGRAM REQUIREMENTS.— ‘‘(1) IN GENERAL.—The pilot program shall— 

‘‘(A) allow a petitioner described in paragraph (3) to 

petition the Secretary to provide intercity rail passenger 

transportation over a long-distance route described in subsection (a) for an operation period of 4 years from the 

date of commencement of service by the winning bidder 

and, at the option of the Secretary, consistent with the 

rule promulgated under subsection (a), allow the contract 

to be renewed for 1 additional operation period of 4 years; 

‘‘(B) require the Secretary to— 

‘‘(i) notify the petitioner and Amtrak of receipt 

of the petition under subparagraph (A) and to publish 

in the Federal Register a notice of receipt not later 

than 30 days after the date of receipt; 

‘‘(ii) establish a deadline, of not more than 120 

days after the notice of receipt is published in the 

Federal Register under clause (i), by which both the 

petitioner and Amtrak, if Amtrak chooses to do so, 

would be required to submit a complete bid to provide 

intercity rail passenger transportation over the 

applicable route; and 

‘‘(iii) upon selecting a winning bid, publish in the 

Federal Register the identity of the winning bidder, 

the long distance route that the bidder will operate, 

a detailed justification of the reasons why the Secretary 

selected the bid, and any other information the Secretary determines appropriate for public comment for 

a reasonable period of time not to exceed 30 days 

after the date on which the Secretary selects the bid; 

‘‘(C) require that each bid— 

‘‘(i) describe the capital needs, financial projections, 

and operational plans, including staffing plans, for the 

service, and such other factors as the Secretary considers appropriate; and 

‘‘(ii) be made available by the winning bidder to 

the public after the bid award with any appropriate 

redactions for confidential or proprietary information; 

‘‘(D) for a route that receives funding from a State 

or States, require that for each bid received from a petitioner described in paragraph (3), other than such State 

or States, the Secretary have the concurrence of the State 

or States that provide funding for that route; and 

‘‘(E) for a winning bidder that is not or does not include 

Amtrak, require the Secretary to execute a contract not 

later than 270 days after the deadline established under 

subparagraph (B)(ii) and award to the winning bidder— 

‘‘(i) subject to paragraphs (4) and (5), the right 

and obligation to provide intercity rail passenger 


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129 STAT. 1662 PUBLIC LAW 114–94—DEC. 4, 2015 

transportation over that route subject to such performance standards as the Secretary may require; and 

‘‘(ii) an operating subsidy, as determined by the 

Secretary, for— 

‘‘(I) the first year at a level that does not 

exceed 90 percent of the level in effect for that 

specific route during the fiscal year preceding the 

fiscal year in which the petition was received, 

adjusted for inflation; and 

‘‘(II) any subsequent years at the level calculated under subclause (I), adjusted for inflation. 

‘‘(2) LIMITATION.—The requirements under paragraph 

(1)(E), including the amounts of operating subsidies in the 

first and any subsequent years under paragraph (1)(E)(ii), shall 

not apply to a winning bidder that is or includes Amtrak. 

‘‘(3) ELIGIBLE PETITIONERS.—The following parties are 

eligible to submit petitions under paragraph (1): 

‘‘(A) A rail carrier or rail carriers that own the infrastructure over which Amtrak operates a long-distance 

route, or another rail carrier that has a written agreement 

with a rail carrier or rail carriers that own such infrastructure. 

‘‘(B) A State, group of States, or State-supported joint 

powers authority or other sub-State governance entity 

responsible for provision of intercity rail passenger 

transportation with a written agreement with the rail carrier or rail carriers that own the infrastructure over which 

Amtrak operates a long-distance route and that host or 

would host the intercity rail passenger transportation. 

‘‘(C) A State, group of States, or State-supported joint 

powers authority or other sub-State governance entity 

responsible for provision of intercity rail passenger 

transportation and a rail carrier with a written agreement 

with another rail carrier or rail carriers that own the 

infrastructure over which Amtrak operates a long-distance 

route and that host or would host the intercity rail passenger transportation. 

‘‘(4) PERFORMANCE STANDARDS.—The performance standards required under paragraph (1)(E)(i) shall meet or exceed 

the performance required of or achieved by Amtrak on the 

applicable route during the last fiscal year. 

‘‘(5) AGREEMENT GOVERNING ACCESS ISSUES.—Unless the 

winning bidder already has applicable access rights or agreements in place or includes a rail carrier that owns the infrastructure used in the operation of the route, a winning bidder 

that is not or does not include Amtrak shall enter into a 

written agreement governing access issues between the winning 

bidder and the rail carrier or rail carriers that own the infrastructure over which the winning bidder would operate and 

that host or would host the intercity rail passenger transportation. 

‘‘(c) ACCESS TO FACILITIES; EMPLOYEES.—If the Secretary 

awards the right and obligation to provide intercity rail passenger 

transportation over a route described in this section to an eligible 

petitioner— 

‘‘(1) the Secretary shall, if necessary to carry out the purposes of this section, require Amtrak to provide access to the 


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Amtrak-owned reservation system, stations, and facilities 

directly related to operations of the awarded routes to the 

eligible petitioner awarded a contract under this section, in 

accordance with subsection (g); 

‘‘(2) an employee of any person, except as provided in 

a collective bargaining agreement, used by such eligible petitioner in the operation of a route under this section shall 

be considered an employee of that eligible petitioner and subject 

to the applicable Federal laws and regulations governing 

similar crafts or classes of employees of Amtrak; and 

‘‘(3) the winning bidder shall provide hiring preference 

to qualified Amtrak employees displaced by the award of the 

bid, consistent with the staffing plan submitted by the bidder, 

and shall be subject to the grant conditions under section 

24405. 

‘‘(d) CESSATION OF SERVICE.—If an eligible petitioner awarded 

a route under this section ceases to operate the service or fails 

to fulfill an obligation under a contract required under subsection 

(b)(1)(E), the Secretary, in collaboration with the Surface Transportation Board, shall take any necessary action consistent with this 

title to enforce the contract and ensure the continued provision 

of service, including— 

‘‘(1) the installment of an interim rail carrier; 

‘‘(2) providing to the interim rail carrier under paragraph 

(1) an operating subsidy necessary to provide service; and 

‘‘(3) rebidding the contract to operate the intercity rail 

passenger transportation. 

‘‘(e) BUDGET AUTHORITY.— 

‘‘(1) IN GENERAL.—The Secretary shall provide to a winning 

bidder that is not or does not include Amtrak and that is 

selected under this section any appropriations withheld under 

section 11101(e) of the Passenger Rail Reform and Investment 

Act of 2015, or any subsequent appropriation for the same 

purpose, necessary to cover the operating subsidy described 

in subsection (b)(1)(E)(ii). 

‘‘(2) ATTRIBUTABLE COSTS.—If the Secretary selects a winning bidder that is not or does not include Amtrak, the Secretary shall provide to Amtrak an appropriate portion of the 

appropriations under section 11101(b) of the Passenger Rail 

Reform and Investment Act of 2015, or any subsequent appropriation for the same purpose, to cover any cost directly attributable to the termination of Amtrak service on the route and 

any indirect costs to Amtrak imposed on other Amtrak routes 

as a result of losing service on the route operated by the 

winning bidder. Any amount provided by the Secretary to 

Amtrak under this paragraph shall not be deducted from or 

have any effect on the operating subsidy described in subsection 

(b)(1)(E)(ii). 

‘‘(f) REPORTING.—If the Secretary does not promulgate the final 

rule before the deadline under subsection (a), the Secretary shall, 

not later than 19 months after the date of enactment of the Passenger Rail Reform and Investment Act of 2015 and every 90 

days thereafter until the rule is complete, notify the Committee 

on Commerce, Science, and Transportation of the Senate and the 

Committee on Transportation and Infrastructure of the House of 

Representatives in writing— 

‘‘(1) the reasons why the rule has not been issued; 


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‘‘(2) a plan for completing the rule as soon as reasonably 

practicable; and 

‘‘(3) the estimated date of completion of the rule. 

‘‘(g) DISPUTES.— ‘‘(1) PETITIONING SURFACE TRANSPORTATION BOARD.—If 

Amtrak and the eligible petitioner awarded a route under this 

section cannot agree upon terms to carry out subsection (c)(1), 

either party may petition the Surface Transportation Board 

for a determination as to— 

‘‘(A) whether access to Amtrak’s facility or equipment, 

or the provisions of services by Amtrak, is necessary under 

subsection (c)(1); and 

‘‘(B) whether the operation of Amtrak’s other services 

will not be unreasonably impaired by such access. 

‘‘(2) SURFACE TRANSPORTATION BOARD DETERMINATION.— If the Surface Transportation Board determines access to 

Amtrak’s facilities or equipment, or the provision of services 

by Amtrak, is necessary under paragraph (1)(A) and the operation of Amtrak’s other services will not be unreasonably 

impaired under paragraph (1)(B), the Board shall issue an 

order that— 

‘‘(A) requires Amtrak to provide the applicable facilities, equipment, and services; and 

‘‘(B) determines reasonable compensation, liability, and 

other terms for the use of the facilities and equipment 

and the provision of the services. 

‘‘(h) LIMITATION.—Not more than 3 long-distance routes may 

be selected under this section for operation by a winning bidder 

that is not or does not include Amtrak. 

‘‘(i) PRESERVATION OF RIGHT TO COMPETITION ON STATE-SUPPORTED ROUTES.—Nothing in this section shall be construed as 

prohibiting a State from introducing competition for intercity rail 

passenger transportation or services on its State-supported route 

or routes. 

‘‘(j) SAVINGS CLAUSE.—Nothing in this section shall affect 

Amtrak’s access rights to railroad rights-of-way and facilities.’’. 

(b) CONFORMING AMENDMENT.—The table of contents for section 

24711 of title 49, United States Code, is amended to read as 

follows: 

‘‘24711. Competitive passenger rail service pilot program.’’. 

(c) REPORT.—Not later than 4 years after the date of 

implementation of the pilot program under section 24711 of title 

49, United States Code, and quadrennially thereafter until the 

pilot program is discontinued, the Secretary shall submit to the 

Committee on Commerce, Science, and Transportation of the Senate 

and the Committee on Transportation and Infrastructure of the 

House of Representatives a report on the results of the pilot program 

to date and any recommendations for further action. 

SEC. 11308. PERFORMANCE-BASED PROPOSALS. 

(a) SOLICITATION OF PROPOSALS.— 

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

of enactment of this Act, the Secretary shall issue a request 

for proposals for projects for the financing, design, construction, 

operation, and maintenance of a high-speed passenger rail 

system operating within a high-speed rail corridor, including— 

49 USC 24711 

note. 

49 USC 

prec. 24701. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1665 

(A) the Northeast Corridor; 

(B) the California Corridor; 

(C) the Empire Corridor; 

(D) the Pacific Northwest Corridor; 

(E) the South Central Corridor; 

(F) the Gulf Coast Corridor; 

(G) the Chicago Hub Network; 

(H) the Florida Corridor; 

(I) the Keystone Corridor; 

(J) the Northern New England Corridor; and 

(K) the Southeast Corridor. 

(2) SUBMISSION.—Proposals shall be submitted to the Secretary not later than 180 days after the publication of the 

request for proposals under paragraph (1). 

(3) PERFORMANCE STANDARD.—Proposals submitted under 

paragraph (2) shall meet any standards established by the 

Secretary. For corridors with existing intercity passenger rail 

service, proposals shall also be designed to achieve a reduction 

of existing minimum intercity rail service trip times between 

the main corridor city pairs by a minimum of 25 percent. 

In the case of a proposal submitted with respect to paragraph 

(1)(A), the proposal shall be designed to achieve a 2-hour or 

less express service between Washington, District of Columbia, 

and New York City, New York. 

(4) CONTENTS.—A proposal submitted under this subsection 

shall include— 

(A) the names and qualifications of the persons submitting the proposal and the entities proposed to finance, 

design, construct, operate, and maintain the railroad, railroad equipment, and related facilities, stations, and infrastructure; 

(B) a detailed description of the proposed rail service, 

including possible routes, required infrastructure investments and improvements, equipment needs and type, train 

frequencies, peak and average operating speeds, and trip 

times; 

(C) a description of how the project would comply with 

all applicable Federal rail safety and security laws, orders, 

and regulations; 

(D) the locations of proposed stations, which maximize 

the usage of existing infrastructure to the extent possible, 

and the populations such stations are intended to serve; 

(E) the type of equipment to be used, including any 

technologies, to achieve trip time goals; 

(F) a description of any proposed legislation needed 

to facilitate all aspects of the project; 

(G) a financing plan identifying— 

(i) projected revenue, and sources thereof; 

(ii) the amount of any requested public contribution toward the project, and proposed sources; 

(iii) projected annual ridership projections for the 

first 10 years of operations; 

(iv) annual operations and capital costs; 

(v) the projected levels of capital investments 

required both initially and in subsequent years to 

maintain a state-of-good-repair necessary to provide 


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129 STAT. 1666 PUBLIC LAW 114–94—DEC. 4, 2015 

the initially proposed level of service or higher levels 

of service; 

(vi) projected levels of private investment and 

sources thereof, including the identity of any person 

or entity that has made or is expected to make a 

commitment to provide or secure funding and the 

amount of such commitment; and 

(vii) projected funding for the full fair market compensation for any asset, property right or interest, 

or service acquired from, owned, or held by a private 

person or Federal entity that would be acquired, 

impaired, or diminished in value as a result of a 

project, except as otherwise agreed to by the private 

person or entity; 

(H) a description of how the project would contribute 

to the development of a national high-speed passenger 

rail system and an intermodal plan describing how the 

system will facilitate convenient travel connections with 

other transportation services; 

(I) a description of how the project will ensure compliance with Federal laws governing the rights and status 

of employees associated with the route and service, 

including those specified in section 24405 of title 49, United 

States Code; 

(J) a description of how the design, construction, 

implementation, and operation of the project will accommodate and allow for future growth of existing and projected 

intercity, commuter, and freight rail service; 

(K) a description of how the project would comply 

with Federal and State environmental laws and regulations, of what environmental impacts would result from 

the project, and of how any adverse impacts would be 

mitigated; and 

(L) a description of the project’s impacts on highway 

and aviation congestion, energy consumption, land use, 

and economic development in the service area. 

(b) DETERMINATION AND ESTABLISHMENT OF COMMISSIONS.— 

Not later than 90 days after receipt of the proposals under subsection (a), the Secretary shall— 

(1) make a determination as to whether any such proposals— 

(A) contain the information required under paragraphs 

(3) and (4) of subsection (a); 

(B) are sufficiently credible to warrant further consideration; 

(C) are likely to result in a positive impact on the 

Nation’s transportation system; and 

(D) are cost-effective and in the public interest; 

(2) establish a commission for each corridor with 1 or 

more proposals that the Secretary determines satisfy the 

requirements of paragraph (1); and 

(3) forward to each commission established under paragraph (2) the applicable proposals for review and consideration. 

(c) COMMISSIONS.— 

(1) MEMBERS.—Each commission established under subsection (b)(2) shall include— 


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(A) the Governors of the affected States, or their respective designees; 

(B) mayors of appropriate municipalities with stops 

along the proposed corridor, or their respective designees; 

(C) a representative from each freight railroad carrier 

using the relevant corridor, if applicable; 

(D) a representative from each transit authority using 

the relevant corridor, if applicable; 

(E) representatives of nonprofit employee labor 

organizations representing affected railroad employees; and 

(F) the President of Amtrak or his or her designee. 

(2) APPOINTMENT AND SELECTION.—The Secretary shall 

appoint the members under paragraph (1). In selecting each 

commission’s members to fulfill the requirements under subparagraphs (B) and (E) of paragraph (1), the Secretary shall 

consult with the Chairperson and Ranking Member of the Committee on Commerce, Science, and Transportation of the Senate 

and of the Committee on Transportation and Infrastructure 

of the House of Representatives. 

(3) CHAIRPERSON AND VICE-CHAIRPERSON SELECTION.—The 

Chairperson and Vice-Chairperson shall be elected from among 

members of each commission. 

(4) QUORUM AND VACANCY.— 

(A) QUORUM.—A majority of the members of each 

commission shall constitute a quorum. 

(B) VACANCY.—Any vacancy in each commission shall 

not affect its powers and shall be filled in the same manner 

in which the original appointment was made. 

(d) COMMISSION CONSIDERATION.— 

(1) IN GENERAL.—Each commission established under subsection (b)(2) shall be responsible for reviewing the proposal 

or proposals forwarded to it under that subsection and, not 

later than 90 days after the establishment of the commission, 

shall transmit to the Secretary a report, including— 

(A) a summary of each proposal received; 

(B) services to be provided under each proposal, 

including projected ridership, revenues, and costs; 

(C) proposed public and private contributions for each 

proposal; 

(D) the advantages offered by the proposal over existing 

intercity passenger rail services; 

(E) public operating subsidies or assets needed for 

the proposed project; 

(F) possible risks to the public associated with the 

proposal, including risks associated with project financing, 

implementation, completion, safety, and security; 

(G) a ranked list of the proposals recommended for 

further consideration under subsection (e) in accordance 

with each proposal’s projected positive impact on the 

Nation’s transportation system; 

(H) an identification of any proposed Federal legislation 

that would facilitate implementation of the projects and 

Federal legislation that would be required to implement 

the projects; and 

(I) any other recommendations by the commission concerning the proposed projects. 


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129 STAT. 1668 PUBLIC LAW 114–94—DEC. 4, 2015 

(2) VERBAL PRESENTATION.—Proposers shall be given an 

opportunity to make a verbal presentation to the commission 

to explain their proposals. 

(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary for the use of each 

commission established under subsection (b)(2) such sums as 

are necessary to carry out this section. 

(e) SELECTION BY SECRETARY.— (1) IN GENERAL.—Not later than 60 days after receiving 

the recommended proposals of the commissions established 

under subsection (b)(2), the Secretary shall— 

(A) review such proposals and select any proposal that 

provides substantial benefits to the public and the national 

transportation system, is cost-effective, offers significant 

advantages over existing services, and meets other relevant 

factors determined appropriate by the Secretary; and 

(B) submit to the Committee on Commerce, Science, 

and Transportation of the Senate and the Committee on 

Transportation and Infrastructure of the House of Representatives a report containing any proposal with respect 

to subsection (a)(1)(A) that is selected by the Secretary 

under subparagraph (A) of this paragraph, all the information regarding the proposal provided to the Secretary under 

subsection (d), and any other information the Secretary 

considers relevant. 

(2) SUBSEQUENT REPORT.—Following the submission of the 

report under paragraph (1)(B), the Secretary shall submit to 

the Committee on Commerce, Science, and Transportation of 

the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing 

any proposal with respect to subparagraphs (B) through (K) 

of subsection (a)(1) that are selected by the Secretary under 

paragraph (1) of this subsection, all the information regarding 

the proposal provided to the Secretary under subsection (d), 

and any other information the Secretary considers relevant. 

(3) LIMITATION ON REPORT SUBMISSION.—The report 

required under paragraph (2) shall not be submitted by the 

Secretary until the report submitted under paragraph (1)(B) 

has been considered through a hearing by the Committee on 

Commerce, Science, and Transportation of the Senate and the 

Committee on Transportation and Infrastructure of the House 

of Representatives on the report submitted under paragraph 

(1)(B). 

(f) NO ACTIONS WITHOUT ADDITIONAL AUTHORITY.—No Federal 

agency may take any action to implement, establish, facilitate, 

or otherwise act upon any proposal submitted under this section, 

other than those actions specifically authorized by this section, 

without explicit statutory authority enacted after the date of enactment of this Act. 

(g) ADEQUATE RESOURCES.—Before taking any action authorized under this section the Secretary shall certify to the Committee 

on Commerce, Science, and Transportation of the Senate and the 

Committee on Transportation and Infrastructure of the House of 

Representatives that the Secretary has sufficient resources that 

are adequate to undertake the program established under this 

section. 

(h) DEFINITIONS.—In this section: 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1669 

(1) INTERCITY PASSENGER RAIL.—The term ‘‘intercity passenger rail’’ has the meaning given the term in section 24102 

of title 49, United States Code. 

(2) STATE.—The term ‘‘State’’ means any of the 50 States 

or the District of Columbia. 

SEC. 11309. LARGE CAPITAL PROJECT REQUIREMENTS. 

Section 24402 of title 49, United States Code, is amended 

by inserting after subsection (i) the following: 

‘‘(j) LARGE CAPITAL PROJECT REQUIREMENTS.— 

‘‘(1) IN GENERAL.—For a grant awarded under this chapter 

for an amount in excess of $1,000,000,000, the following conditions shall apply: 

‘‘(A) The Secretary may not obligate any funding unless 

the applicant demonstrates, to the satisfaction of the Secretary, that the applicant has committed, and will be able 

to fulfill, the non-Federal share required for the grant 

within the applicant’s proposed project completion timetable. 

‘‘(B) The Secretary may not obligate any funding for 

work activities that occur after the completion of final 

design unless— 

‘‘(i) the applicant submits a financial plan to the 

Secretary that generally identifies the sources of the 

non-Federal funding required for any subsequent segments or phases of the corridor service development 

program covering the project for which the grant is 

awarded; 

‘‘(ii) the grant will result in a useable segment, 

a transportation facility, or equipment, that has operational independence; and 

‘‘(iii) the intercity passenger rail benefits anticipated to result from the grant, such as increased speed, 

improved on-time performance, reduced trip time, 

increased frequencies, new service, safety improvements, improved accessibility, or other significant 

enhancements, are detailed by the grantee and 

approved by the Secretary. 

‘‘(C)(i) The Secretary shall ensure that the project is 

maintained to the level of utility that is necessary to support the benefits approved under subparagraph (B)(iii) for 

a period of 20 years from the date on which the useable 

segment, transportation facility, or equipment described 

in subparagraph (B)(ii) is placed in service. 

‘‘(ii) If the project property is not maintained as 

required under clause (i) for a 12-month period, the grant 

recipient shall refund a pro-rata share of the Federal contribution, based upon the percentage remaining of the 20- 

year period that commenced when the project property 

was placed in service. 

‘‘(2) EARLY WORK.—The Secretary may allow a grantee 

subject to this subsection to engage in at-risk work activities 

subsequent to the conclusion of final design if the Secretary 

determines that such work activities are reasonable and necessary.’’. 


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129 STAT. 1670 PUBLIC LAW 114–94—DEC. 4, 2015 

SEC. 11310. SMALL BUSINESS PARTICIPATION STUDY. 

(a) STUDY.—The Secretary shall conduct a nationwide disparity 

and availability study on the availability and use of small business 

concerns owned and controlled by socially and economically disadvantaged individuals and veteran-owned small businesses in publicly funded intercity rail passenger transportation projects. 

(b) REPORT.—Not later than 2 years after the date of enactment 

of this Act, the Secretary shall submit a report containing the 

results of the study conducted under subsection (a) to the Committee 

on Commerce, Science, and Transportation of the Senate and the 

Committee on Transportation and Infrastructure of the House of 

Representatives. 

(c) DEFINITIONS.—In this section: 

(1) SMALL BUSINESS CONCERN.—The term ‘‘small business 

concern’’ has the meaning given such term in section 3 of 

the Small Business Act (15 U.S.C. 632), except that the term 

does not include any concern or group of concerns controlled 

by the same socially and economically disadvantaged individual 

or individuals that have average annual gross receipts during 

the preceding 3 fiscal years in excess of $22,410,000, as adjusted 

annually by the Secretary for inflation. 

(2) SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUAL.—The term ‘‘socially and economically disadvantaged 

individual’’ has the meaning given such term in section 8(d) 

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

subcontracting regulations issued pursuant to such Act, except 

that women shall be presumed to be socially and economically 

disadvantaged individuals for purposes of this section. 

(3) VETERAN-OWNED SMALL BUSINESS.—The term ‘‘veteranowned small business’’ has the meaning given the term ‘‘small 

business concern owned and controlled by veterans’’ in section 

3(q)(3) of the Small Business Act (15 U.S.C. 632(q)(3)), except 

that the term does not include any concern or group of concerns 

controlled by the same veterans that have average annual 

gross receipts during the preceding 3 fiscal years in excess 

of $22,410,000, as adjusted annually by the Secretary for inflation. 

SEC. 11311. SHARED-USE STUDY. 

(a) IN GENERAL.—Not later than 3 years after the date of 

enactment of this Act, the Secretary, in consultation with Amtrak, 

commuter rail passenger transportation authorities, other railroad 

carriers, railroad carriers that own rail infrastructure over which 

both passenger and freight trains operate, States, the Surface 

Transportation Board, the Northeast Corridor Commission established under section 24905 of title 49, United States Code, the 

State-Supported Route Committee established under section 24712 

of such title, and groups representing rail passengers and customers, as appropriate, shall complete a study that evaluates— 

(1) the shared use of right-of-way by passenger and freight 

rail systems; and 

(2) the operational, institutional, and legal structures that 

would best support improvements to the systems referred to 

in paragraph (1). 

(b) AREAS OF STUDY.—In conducting the study under subsection 

(a), the Secretary shall evaluate— 

49 USC 20101 

note. 


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(1) the access and use of railroad right-of-way by a rail 

carrier that does not own the right-of-way, such as passenger 

rail services that operate over privately-owned right-of-way, 

including an analysis of— 

(A) access agreements; 

(B) costs of access; and 

(C) the resolution of disputes relating to such access 

or costs; 

(2) the effectiveness of existing contractual, statutory, and 

regulatory mechanisms for establishing, measuring, and 

enforcing train performance standards, including— 

(A) the manner in which passenger train delays are 

recorded; 

(B) the assignment of responsibility for such delays; 

and 

(C) the use of incentives and penalties for performance; 

(3) the strengths and weaknesses of the existing mechanisms described in paragraph (2) and possible approaches to 

address the weaknesses; 

(4) mechanisms for measuring and maintaining public 

benefits resulting from publicly funded freight or passenger 

rail improvements, including improvements directed towards 

shared-use right-of-way by passenger and freight rail; 

(5) approaches to operations, capacity, and cost estimation 

modeling that— 

(A) allow for transparent decisionmaking; and 

(B) protect the proprietary interests of all parties; 

(6) liability requirements and arrangements, including— 

(A) whether to expand statutory liability limits to additional parties; 

(B) whether to revise the current statutory liability 

limits; 

(C) whether current insurance levels of passenger rail 

operators are adequate and whether to establish minimum 

insurance requirements for such passenger rail operators; 

and 

(D) whether to establish alternative insurance models, 

including other models administered by the Federal 

Government; 

(7) the effect on rail passenger services, operations, liability 

limits, and insurance levels of the assertion of sovereign immunity by a State; and 

(8) other issues identified by the Secretary. 

(c) REPORT.—Not later than 60 days after the study under 

subsection (a) is complete, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate 

and the Committee on Transportation and Infrastructure of the 

House of Representatives a report that includes— 

(1) the results of the study; and 

(2) any recommendations for further action, including any 

legislative proposals consistent with such recommendations. 

(d) IMPLEMENTATION.—The Secretary shall integrate, as appropriate, the recommendations submitted under subsection (c) into 

the financial assistance programs under subtitle V of title 49, United 

States Code, and section 502 of the Railroad Revitalization and 

Regulatory Reform Act of 1976 (45 U.S.C. 822). 


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129 STAT. 1672 PUBLIC LAW 114–94—DEC. 4, 2015 

SEC. 11312. NORTHEAST CORRIDOR THROUGH-TICKETING AND 

PROCUREMENT EFFICIENCIES. 

(a) THROUGH-TICKETING STUDY.— 

(1) IN GENERAL.—Not later than 3 years after the date 

of enactment of this Act, the Northeast Corridor Commission 

established under section 24905(a) of title 49, United States 

Code (referred to in this section as the ‘‘Commission’’), in consultation with Amtrak and the commuter rail passenger 

transportation providers along the Northeast Corridor, shall 

complete a study on the feasibility of and options for permitting 

through-ticketing between Amtrak service and commuter rail 

services on the Northeast Corridor. 

(2) CONTENTS.—In completing the study under paragraph 

(1), the Northeast Corridor Commission shall— 

(A) examine the current state of intercity and commuter rail ticketing technologies, policies, and other relevant aspects on the Northeast Corridor; 

(B) consider and recommend technology, process, 

policy, or other options that would permit through-ticketing 

to allow intercity and commuter rail passengers to purchase, in a single transaction, travel that utilizes Amtrak 

and connecting commuter rail services; 

(C) consider options to expand through-ticketing to 

include local transit services; 

(D) summarize costs, benefits, opportunities, and 

impediments to developing such through-ticketing options; 

and 

(E) develop a proposed methodology, including cost and 

schedule estimates, for carrying out a pilot program on 

through-ticketing on the Northeast Corridor. 

(3) REPORT.—Not later than 60 days after the date the 

study under paragraph (1) is complete, the Commission shall 

submit to the Secretary, the Committee on Commerce, Science, 

and Transportation of the Senate, and the Committee on 

Transportation and Infrastructure of the House of Representatives a report that includes— 

(A) the results of the study; and 

(B) any recommendations for further action. 

(4) REVIEW.—Not later than 180 days after receipt of the 

report under paragraph (3), the Secretary shall review the 

report and recommend best practices in developing through 

ticketing for other areas outside of the Northeast Corridor. 

The Secretary shall transmit the best practices to the StateSupported Route Committee established under section 24712 

of title 49, United States Code. 

(b) JOINT PROCUREMENT STUDY.— 

(1) IN GENERAL.—Not later than 3 years after the date 

of enactment of this Act, the Secretary, in cooperation with 

the Commission, Amtrak, and commuter rail transportation 

authorities on the Northeast Corridor, shall complete a study 

of the potential benefits resulting from Amtrak and such 

authorities undertaking select joint procurements for common 

materials, assets, and equipment when expending Federal 

funds for such joint procurements. 

(2) CONTENTS.—In completing the study under paragraph 

(1), the Secretary shall consider— 


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(A) the types of materials, assets, and equipment that 

are regularly purchased by Amtrak and such authorities 

that are similar and could be jointly procured; 

(B) the potential benefits of such joint procurements, 

including lower procurement costs, better pricing, greater 

market relevancy, and other efficiencies; 

(C) the potential costs of such joint procurements; 

(D) any significant impediments to undertaking joint 

procurements, including any necessary harmonization and 

reconciliation of Federal and State procurement or safety 

regulations or standards and other requirements; and 

(E) whether to create Federal incentives or requirements relating to considering or carrying out joint procurements when expending Federal funds. 

(3) TRANSMISSION.—Not later than 60 days after completing 

the study required under this subsection, the Secretary shall 

submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation 

and Infrastructure of the House of Representatives a report 

that includes— 

(A) the results of the study; and 

(B) any recommendations for further action. 

(c) NORTHEAST CORRIDOR.—In this section, the term ‘‘Northeast 

Corridor’’ means the Northeast Corridor main line between Boston, 

Massachusetts, and the District of Columbia, and the Northeast 

Corridor branch lines connecting to Harrisburg, Pennsylvania, 

Springfield, Massachusetts, and Spuyten Duyvil, New York, 

including the facilities and services used to operate and maintain 

those lines. 

SEC. 11313. DATA AND ANALYSIS. 

(a) DATA.—Not later than 3 years after the date of enactment 

of this Act, the Secretary, in consultation with the Surface Transportation Board, Amtrak, freight railroads, State and local governments, and regional business, tourism, and economic development 

agencies shall conduct a data needs assessment to— 

(1) support the development of an efficient and effective 

intercity passenger rail network; 

(2) identify the data needed to conduct cost-effective modeling and analysis for intercity passenger rail development 

programs; 

(3) determine limitations to the data used for inputs; 

(4) develop a strategy to address such limitations; 

(5) identify barriers to accessing existing data; 

(6) develop recommendations regarding whether the 

authorization of additional data collection for intercity passenger rail travel is warranted; and 

(7) determine which entities should be responsible for 

generating or collecting needed data. 

(b) BENEFIT-COST ANALYSIS.—Not later than 180 days after 

the date of enactment of this Act, the Secretary shall enhance 

the usefulness of assessments of benefits and costs for intercity 

passenger rail and freight rail projects by— 

(1) providing ongoing guidance and training on developing 

benefit and cost information for rail projects; 

49 USC 24407 

note. 


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(2) providing more direct and consistent requirements for 

assessing benefits and costs across transportation funding programs, including the appropriate use of discount rates; 

(3) requiring applicants to clearly communicate the methodology used to calculate the project benefits and costs, including 

non-proprietary information on— 

(A) assumptions underlying calculations; 

(B) strengths and limitations of data used; and 

(C) the level of uncertainty in estimates of project 

benefits and costs; and 

(4) ensuring that applicants receive clear and consistent 

guidance on values to apply for key assumptions used to estimate potential project benefits and costs. 

(c) CONFIDENTIAL DATA.—The Secretary shall protect all sensitive and confidential information to the greatest extent permitted 

by law. Nothing in this section shall require any entity to provide 

information to the Secretary in the absence of a voluntary agreement. 

SEC. 11314. AMTRAK INSPECTOR GENERAL. 

(a) AUTHORITY.— (1) IN GENERAL.—The Inspector General of Amtrak shall 

have the authority available to other Inspectors General, as 

necessary in carrying out the duties specified in the Inspector 

General Act of 1978 (5 U.S.C. App.), to investigate any alleged 

violation of sections 286, 287, 371, 641, 1001, 1002 and 1516 

of title 18, United States Code. 

(2) AGENCY.—For purposes of sections 286, 287, 371, 641, 

1001, 1002, and 1516 of title 18, United States Code, Amtrak 

and the Amtrak Office of Inspector General, shall be considered 

a corporation in which the United States has a proprietary 

interest as set forth in section 6 of such title. 

(b) ASSESSMENT.—The Inspector General of Amtrak shall— 

(1) not later than 60 days after the date of enactment 

of this Act, initiate an assessment to determine whether current 

expenditures or procurements involving Amtrak’s fulfillment 

of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 

et seq.) utilize competitive, market-driven provisions that are 

applicable throughout the entire term of such related expenditures or procurements; and 

(2) not later than 6 months after the date of enactment 

of this Act, transmit to the Committee on Commerce, Science, 

and Transportation of the Senate and the Committee on 

Transportation and Infrastructure of the House of Representatives the assessment under paragraph (1). 

(c) LIMITATION.—The authority provided by subsection (a) shall 

be effective only with respect to a fiscal year for which Amtrak 

receives a Federal subsidy. 

SEC. 11315. MISCELLANEOUS PROVISIONS. 

(a) TITLE 49 AMENDMENTS.— 

(1) AUTHORITY.—Section 22702(b)(4) of title 49, United 

States Code, is amended by striking ‘‘5 years for reapproval 

by the Secretary’’ and inserting ‘‘4 years for acceptance by 

the Secretary’’. 

(2) CONTENTS OF STATE RAIL PLANS.—Section 22705(a) of 

title 49, United States Code, is amended by striking paragraph 

(12). 

5 USC app. 8G. 


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(b) PASSENGER RAIL INVESTMENT AND IMPROVEMENT ACT

AMENDMENTS.—Section 305 of the Passenger Rail Investment and 

Improvement Act of 2008 (49 U.S.C. 24101 note) is amended— 

(1) in subsection (a) by inserting after ‘‘equipment manufacturers,’’ the following: ‘‘nonprofit organizations representing 

employees who perform overhaul and maintenance of passenger 

railroad equipment,’’; 

(2) in subsection (c) by striking ‘‘, and may establish a 

corporation, which may be owned or jointly-owned by Amtrak, 

participating States, or other entities, to perform these functions’’; and 

(3) in subsection (e) by striking ‘‘and establishing a jointlyowned corporation to manage that equipment’’. 

(c) CERTAIN PROJECTS.—A project described in 1307(a)(3) of 

SAFETEA–LU (Public Law 109–59) may be eligible for the Railroad 

Rehabilitation and Improvement Financing program if the Secretary 

determines such project meets the requirements of sections 502 

and 503 of the Railroad Revitalization and Regulatory Reform Act 

of 1976. 

(d) CLARIFICATION.— 

(1) AMENDMENT.—Section 20157(g) of title 49, United 

States Code, is amended by adding at the end the following 

new paragraph: 

‘‘(4) CLARIFICATION.— 

‘‘(A) PROHIBITIONS.—The Secretary is prohibited from— 

‘‘(i) approving or disapproving a revised plan submitted under subsection (a)(1); 

‘‘(ii) considering a revised plan under subsection 

(a)(1) as a request for amendment under section 

236.1021 of title 49, Code of Federal Regulations; or 

‘‘(iii) requiring the submission, as part of the 

revised plan under subsection (a)(1), of— 

‘‘(I) only a schedule and sequence under subsection (a)(2)(A)(iii)(VII); or 

‘‘(II) both a schedule and sequence under subsection (a)(2)(A)(iii)(VII) and an alternative 

schedule and sequence under subsection (a)(2)(B). 

‘‘(B) CIVIL PENALTY AUTHORITY.—Except as provided 

in paragraph (2) and this paragraph, nothing in this subsection shall be construed to limit the Secretary’s authority 

to assess civil penalties pursuant to subsection (e), consistent with the requirements of this section. 

‘‘(C) RETAINED REVIEW AUTHORITY.—The Secretary 

retains the authority to review revised plans submitted 

under subsection (a)(1) and is authorized to require modifications of those plans to the extent necessary to ensure 

that such plans include the descriptions under subsection 

(a)(2)(A)(i), the contents under subsection (a)(2)(A)(ii), and 

the year or years, totals, and summary under subsection 

(a)(2)(A)(iii)(I) through (VI).’’. 

(2) CONFORMING AMENDMENT.—Section 20157(g)(3) of title 

49, United States Code, is amended by striking ‘‘by paragraph 

(2) and subsection (k)’’ and inserting ‘‘to conform with this 

section’’. 

23 USC 322 note. 


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129 STAT. 1676 PUBLIC LAW 114–94—DEC. 4, 2015 

SEC. 11316. TECHNICAL AND CONFORMING AMENDMENTS. 

(a) ASSISTANCE TO FAMILIES OF PASSENGERS INVOLVED IN RAIL

PASSENGER ACCIDENTS.—Section 1139 of title 49, United States 

Code, is amended— 

(1) in subsection (a)(1), by striking ‘‘phone number’’ and 

inserting ‘‘telephone number’’; 

(2) in subsection (a)(2), by striking ‘‘post trauma communication with families’’ and inserting ‘‘post-trauma communication with families’’; and 

(3) in subsection (j), by striking ‘‘railroad passenger 

accident’’ each place it appears and inserting ‘‘rail passenger 

accident’’. 

(b) SOLID WASTE RAIL TRANSFER FACILITY LAND-USE EXEMPTION.—Section 10909 of title 49, United States Code, is amended— 

(1) in subsection (b), in the matter preceding paragraph 

(1), by striking ‘‘Clean Railroad Act of 2008’’ and inserting 

‘‘Clean Railroads Act of 2008’’; and 

(2) in subsection (e), by striking ‘‘Upon the granting of 

petition from the State’’ and inserting ‘‘Upon the granting of 

a petition from the State’’. 

(c) RULEMAKING PROCESS.—Section 20116 of title 49, United 

States Code, is amended— 

(1) by inserting ‘‘(2)’’ before ‘‘the code, rule, standard, 

requirement, or practice has been subject to notice and comment 

under a rule or order issued under this part.’’ and indenting 

accordingly; 

(2) by inserting ‘‘(1)’’ after ‘‘unless’’ and indenting accordingly; 

(3) in paragraph (1), as redesignated, by striking ‘‘order, 

or’’ and inserting ‘‘order; or’’; and 

(4) in the matter preceding paragraph (1), as redesignated, 

by striking ‘‘unless’’ and inserting ‘‘unless—’’. 

(d) ENFORCEMENT REPORT.—Section 20120(a) of title 49, United 

States Code, is amended— 

(1) in the matter preceding paragraph (1), by striking 

‘‘website’’ and inserting ‘‘Web site’’; 

(2) in paragraph (1), by striking ‘‘accident and incidence 

reporting’’ and inserting ‘‘accident and incident reporting’’; 

(3) in paragraph (2)(G), by inserting ‘‘and’’ at the end; 

and 

(4) in paragraph (5)(B), by striking ‘‘Administrative Hearing 

Officer or Administrative Law Judge’’ and inserting ‘‘administrative hearing officer or administrative law judge’’. 

(e) RAILROAD SAFETY RISK REDUCTION PROGRAM.—Section 

20156 of title 49, United States Code, is amended— 

(1) in subsection (c), by inserting a comma after ‘‘In developing its railroad safety risk reduction program’’; and 

(2) in subsection (g)(1)— 

(A) by inserting a comma after ‘‘good faith’’; and 

(B) by striking ‘‘non-profit’’ and inserting ‘‘nonprofit’’. 

(f) ROADWAY USER SIGHT DISTANCE AT HIGHWAY-RAIL GRADE

CROSSINGS.—Section 20159 of title 49, United States Code, is 

amended by striking ‘‘the Secretary’’ and inserting ‘‘the Secretary 

of Transportation’’. 

(g) NATIONAL CROSSING INVENTORY.—Section 20160 of title 49, 

United States Code, is amended— 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1677 

(1) in subsection (a)(1), by striking ‘‘concerning each previously unreported crossing through which it operates or with 

respect to the trackage over which it operates’’ and inserting 

‘‘concerning each previously unreported crossing through which 

it operates with respect to the trackage over which it operates’’; 

and 

(2) in subsection (b)(1)(A), by striking ‘‘concerning each 

crossing through which it operates or with respect to the trackage over which it operates’’ and inserting ‘‘concerning each 

crossing through which it operates with respect to the trackage 

over which it operates’’. 

(h) MINIMUM TRAINING STANDARDS AND PLANS.—Section 

20162(a)(3) of title 49, United States Code, is amended by striking 

‘‘railroad compliance with Federal standards’’ and inserting ‘‘railroad carrier compliance with Federal standards’’. 

(i) DEVELOPMENT AND USE OF RAIL SAFETY TECHNOLOGY.— 

Section 20164(a) of title 49, United States Code, is amended by 

striking ‘‘after enactment of the Railroad Safety Enhancement Act 

of 2008’’ and inserting ‘‘after the date of enactment of the Rail 

Safety Improvement Act of 2008’’. 

(j) RAIL SAFETY IMPROVEMENT ACT OF 2008.— 

(1) TABLE OF CONTENTS.—Section 1(b) of division A of the 

Rail Safety Improvement Act of 2008 (Public Law 110–432; 

122 Stat. 4848) is amended— 

(A) in the item relating to section 307 by striking 

‘‘website’’ and inserting ‘‘Web site’’; 

(B) in the item relating to title VI by striking ‘‘solid 

waste facilities’’ and inserting ‘‘solid waste rail transfer 

facilities’’; and 

(C) in the item relating to section 602 by striking 

‘‘solid waste transfer facilities’’ and inserting ‘‘solid waste 

rail transfer facilities’’. 

(2) DEFINITIONS.—Section 2(a)(1) of division A of the Rail 

Safety Improvement Act of 2008 (Public Law 110–432; 122 

Stat. 4849) is amended in the matter preceding subparagraph 

(A), by inserting a comma after ‘‘at grade’’. 

(3) RAILROAD SAFETY STRATEGY.—Section 102(a)(6) of title 

I of division A of the Rail Safety Improvement Act of 2008 

(49 U.S.C. 20101 note) is amended by striking ‘‘Improving the 

safety of railroad bridges, tunnels, and related infrastructure 

to prevent accidents, incidents, injuries, and fatalities caused 

by catastrophic failures and other bridge and tunnel failures.’’ 

and inserting ‘‘Improving the safety of railroad bridges, tunnels, 

and related infrastructure to prevent accidents, incidents, 

injuries, and fatalities caused by catastrophic and other failures 

of such infrastructure.’’. 

(4) OPERATION LIFESAVER.—Section 206(a) of title II of division A of the Rail Safety Improvement Act of 2008 (49 U.S.C. 

22501 note) is amended by striking ‘‘Public Service Announcements’’ and inserting ‘‘public service announcements’’. 

(5) UPDATE OF FEDERAL RAILROAD ADMINISTRATION’S WEB

SITE.—Section 307 of title III of division A of the Rail Safety 

Improvement Act of 2008 (49 U.S.C. 103 note) is amended— 

(A) in the heading by striking ‘‘FEDERAL RAILROAD

ADMINISTRATION’S WEBSITE’’ and inserting ‘‘FEDERAL

RAILROAD ADMINISTRATION WEB SITE’’; 

49 USC 20102 

note. 


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129 STAT. 1678 PUBLIC LAW 114–94—DEC. 4, 2015 

(B) by striking ‘‘website’’ each place it appears and 

inserting ‘‘Web site’’; and 

(C) by striking ‘‘website’s’’ and inserting ‘‘Web site’s’’. 

(6) ALCOHOL AND CONTROLLED SUBSTANCE TESTING FOR

MAINTENANCE-OF-WAY EMPLOYEES.—Section 412 of title IV of 

division A of the Rail Safety Improvement Act of 2008 (49 

U.S.C. 20140 note) is amended by striking ‘‘Secretary of 

Transportation’’ and inserting ‘‘Secretary’’. 

(7) TUNNEL INFORMATION.—Section 414 of title IV of division A of the Rail Safety Improvement Act of 2008 (49 U.S.C. 

20103 note) is amended— 

(A) by striking ‘‘parts 171.8, 173.115’’ and inserting 

‘‘sections 171.8, 173.115’’; and 

(B) by striking ‘‘part 1520.5’’ and inserting ‘‘section 

1520.5’’. 

(8) SAFETY INSPECTIONS IN MEXICO.—Section 416 of title 

IV of division A of the Rail Safety Improvement Act of 2008 

(49 U.S.C. 20107 note) is amended— 

(A) in the matter preceding paragraph (1), by striking 

‘‘Secretary of Transportation’’ and inserting ‘‘Secretary’’; 

and 

(B) in paragraph (4), by striking ‘‘subsection’’ and 

inserting ‘‘section’’. 

(9) HEADING OF TITLE VI.—The heading of title VI of division A of the Rail Safety Improvement Act of 2008 (122 Stat. 

4900) is amended by striking ‘‘SOLID WASTE FACILITIES’’ 

and inserting ‘‘SOLID WASTE RAIL TRANSFER FACILITIES’’. 

(10) HEADING OF SECTION 602.—The heading of section 602 

of title VI of division A of the Rail Safety Improvement Act 

of 2008 (122 Stat. 4900) is amended by striking ‘‘SOLID WASTE

TRANSFER FACILITIES’’ and inserting ‘‘SOLID WASTE RAIL

TRANSFER FACILITIES’’. 

(k) CONTINGENT INTEREST RECOVERIES.—Section 22106(b) of 

title 49, United States Code, is amended by striking ‘‘interest 

thereof’’ and inserting ‘‘interest thereon’’. 

(l) MISSION.—Section 24101(b) of title 49, United States Code, 

is amended by striking ‘‘of subsection (d)’’ and inserting ‘‘set forth 

in subsection (c)’’. 

(m) TABLE OF CONTENTS AMENDMENT.—The table of contents 

for chapter 243 of title 49, United States Code, is amended by 

striking the item relating to section 24316 and inserting the following: 

‘‘24316. Plans to address the needs of families of passengers involved in rail passenger accidents.’’. 

(n) AMTRAK.—Chapter 247 of title 49, United States Code, 

is amended— 

(1) in section 24706— 

(A) in subsection (a)— 

(i) in paragraph (1) by striking ‘‘a discontinuance 

under section 24704 or or’’; and 

(ii) in paragraph (2) by striking ‘‘section 24704 

or’’; and 

(B) in subsection (b) by striking ‘‘section 24704 or’’; 

and 

49 USC 

prec. 24301. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1679 

(2) in section 24709 by striking ‘‘The Secretary of the 

Treasury and the Attorney General,’’ and inserting ‘‘The Secretary of Homeland Security,’’. 

(o) RAIL COOPERATIVE RESEARCH PROGRAM.—Section 24910(b) 

of title 49, United States Code, is amended— 

(1) in paragraph (12) by striking ‘‘and’’ at the end; 

(2) in paragraph (13) by striking the period at the end 

and inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(14) to improve overall safety of intercity passenger and 

freight rail operations.’’. 

(p) SECRETARIAL OVERSIGHT.—Section 24403 of title 49, United 

States Code, is amended by striking subsection (b). 

Subtitle D—Safety 

SEC. 11401. HIGHWAY-RAIL GRADE CROSSING SAFETY. 

(a) MODEL STATE HIGHWAY-RAIL GRADE CROSSING ACTION

PLAN.— 

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

of enactment of this Act, the Administrator of the Federal 

Railroad Administration shall develop a model of a State-specific highway-rail grade crossing action plan and distribute 

the plan to each State. 

(2) CONTENTS.—The plan developed under paragraph (1) 

shall include— 

(A) methodologies, tools, and data sources for identifying and evaluating highway-rail grade crossing safety 

risks, including the public safety risks posed by blocked 

highway-rail grade crossings due to idling trains; 

(B) best practices to reduce the risk of highway-rail 

grade crossing accidents or incidents and to alleviate the 

blockage of highway-rail grade crossings due to idling 

trains, including strategies for— 

(i) education, including model stakeholder engagement plans or tools; 

(ii) engineering, including the benefits and costs 

of different designs and technologies used to mitigate 

highway-rail grade crossing safety risks; and 

(iii) enforcement, including the strengths and 

weaknesses associated with different enforcement 

methods; 

(C) for each State, a customized list and data set 

of the highway-rail grade crossing accidents or incidents 

in that State over the past 3 years, including the location, 

number of deaths, and number of injuries for each accident 

or incident, and a list of highway-rail grade crossings in 

that State that have experienced multiple accidents or 

incidents over the past 3 years; and 

(D) contact information of a Department of Transportation safety official available to assist the State in 

adapting the model plan to satisfy the requirements under 

subsection (b). 

(b) STATE HIGHWAY-RAIL GRADE CROSSING ACTION PLANS.— (1) REQUIREMENTS.—Not later than 18 months after the 

Administrator develops and distributes the model plan under 

49 USC 22501 

note. 


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129 STAT. 1680 PUBLIC LAW 114–94—DEC. 4, 2015 

subsection (a), the Administrator shall promulgate a rule that 

requires— 

(A) each State, except the 10 States identified under 

section 202 of the Rail Safety Improvement Act of 2008 

(49 U.S.C. 22501 note), to develop and implement a State 

highway-rail grade crossing action plan; and 

(B) each State identified under section 202 of the Rail 

Safety Improvement Act of 2008 (49 U.S.C. 22501 note) 

to— 

(i) update the State action plan under such section; 

and 

(ii) submit to the Administrator— 

(I) the updated State action plan; and 

(II) a report describing what the State did 

to implement its previous State action plan under 

such section and how the State will continue to 

reduce highway-rail grade crossing safety risks. 

(2) CONTENTS.—Each State plan required under this subsection shall— 

(A) identify highway-rail grade crossings that have 

experienced recent highway-rail grade crossing accidents 

or incidents or multiple highway-rail grade crossing 

accidents or incidents, or are at high-risk for accidents 

or incidents; 

(B) identify specific strategies for improving safety at 

highway-rail grade crossings, including highway-rail grade 

crossing closures or grade separations; and 

(C) designate a State official responsible for managing 

implementation of the State action plan under subparagraph (A) or (B) of paragraph (1), as applicable. 

(3) ASSISTANCE.—The Administrator shall provide assistance to each State in developing and carrying out, as appropriate, the State action plan under this subsection. 

(4) PUBLIC AVAILABILITY.—Each State shall submit a final 

State plan under this subsection to the Administrator for 

publication. The Administrator shall make each approved State 

plan publicly available on an official Internet Web site. 

(5) CONDITIONS.—The Secretary may condition the 

awarding of a grant to a State under chapter 244 of title 

49, United States Code, on that State submitting an acceptable 

State action plan under this subsection. 

(6) REVIEW OF ACTION PLANS.—Not later than 60 days 

after the date of receipt of a State action plan under this 

subsection, the Administrator shall— 

(A) if the State action plan is approved, notify the 

State and publish the State action plan under paragraph 

(4); and 

(B) if the State action plan is incomplete or deficient, 

notify the State of the specific areas in which the plan 

is deficient and allow the State to complete the plan or 

correct the deficiencies and resubmit the plan under paragraph (1). 

(7) DEADLINE.—Not later than 60 days after the date of 

a notice under paragraph (6)(B), a State shall complete the 

plan or correct the deficiencies and resubmit the plan. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1681 

(8) FAILURE TO COMPLETE OR CORRECT PLAN.—If a State 

fails to meet the deadline under paragraph (7), the Administrator shall post on the Web site under paragraph (4) a notice 

that the State has an incomplete or deficient highway-rail 

grade crossing action plan. 

(c) REPORT.—Not later than the date that is 3 years after 

the Administrator publishes the final rule under subsection (b)(1), 

the Administrator shall submit to the Committee on Commerce, 

Science, and Transportation of the Senate and the Committee on 

Transportation and Infrastructure of the House of Representatives 

a report on— 

(1) the specific strategies identified by States to improve 

safety at highway-rail grade crossings, including crossings with 

multiple accidents or incidents; and 

(2) the progress each State described under subsection 

(b)(1)(B) has made in implementing its action plan. 

(d) RAILWAY-HIGHWAY CROSSINGS FUNDS.—The Secretary may 

use funds made available to carry out section 130 of title 23, 

United States Code, to provide States with funds to develop a 

State highway-rail grade crossing action plan under subsection 

(b)(1)(A) or to update a State action plan under subsection (b)(1)(B). 

(e) DEFINITIONS.—In this section: 

(1) HIGHWAY-RAIL GRADE CROSSING.—The term ‘‘highwayrail grade crossing’’ means a location within a State, other 

than a location where 1 or more railroad tracks cross 1 or 

more railroad tracks at grade, where— 

(A) a public highway, road, or street, or a private 

roadway, including associated sidewalks and pathways, 

crosses 1 or more railroad tracks either at grade or gradeseparated; or 

(B) a pathway explicitly authorized by a public 

authority or a railroad carrier that is dedicated for the 

use of non-vehicular traffic, including pedestrians, 

bicyclists, and others, that is not associated with a public 

highway, road, or street, or a private roadway, crosses 

1 or more railroad tracks either at grade or grade-separated. 

(2) STATE.—The term ‘‘State’’ means a State of the United 

States or the District of Columbia. 

SEC. 11402. PRIVATE HIGHWAY-RAIL GRADE CROSSINGS. 

(a) IN GENERAL.—The Secretary, in consultation with railroad 

carriers, shall conduct a study to— 

(1) determine whether limitations or weaknesses exist 

regarding the availability and usefulness for safety purposes 

of data on private highway-rail grade crossings; and 

(2) evaluate existing engineering practices on private highway-rail grade crossings. 

(b) CONTENTS.—In conducting the study under subsection (a), 

the Secretary shall make recommendations as necessary to 

improve— 

(1) the utility of the data on private highway-rail grade 

crossings; and 

(2) the implementation of private highway-rail crossing 

safety measures, including signage and warning systems. 

(c) REPORT.—Not later than 3 years after the date of enactment 

of this Act, the Secretary shall transmit to the Committee on 


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129 STAT. 1682 PUBLIC LAW 114–94—DEC. 4, 2015 

Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report of the findings of the study and any recommendations for further action. 

SEC. 11403. STUDY ON USE OF LOCOMOTIVE HORNS AT HIGHWAYRAIL GRADE CROSSINGS. 

(a) STUDY.—The Comptroller General of the United States shall 

submit a report to Congress containing the results of a study 

evaluating the final rule issued on August 17, 2006, entitled ‘‘Use 

of Locomotive Horns at Highway-Rail Grade Crossings’’ (71 Fed. 

Reg. 47614), including— 

(1) the effectiveness of such final rule; 

(2) the benefits and costs of establishing quiet zones; and 

(3) any barriers to establishing quiet zones. 

(b) SAVINGS CLAUSE.—Nothing in this section shall be construed 

to limit or preclude any planned retrospective review by the Secretary of the final rule described in subsection (a). 

SEC. 11404. POSITIVE TRAIN CONTROL AT GRADE CROSSINGS 

EFFECTIVENESS STUDY. 

After the Secretary certifies that each Class I railroad carrier 

and each entity providing regularly scheduled intercity or commuter 

rail passenger transportation is in compliance with the positive 

train control requirements under section 20157(a) of title 49, United 

States Code, the Secretary shall— 

(1) conduct a study of the possible effectiveness of positive 

train control and related technologies on reducing collisions 

at highway-rail grade crossings; and 

(2) submit a report containing the results of the study 

conducted under paragraph (1) to the Committee on Commerce, 

Science, and Transportation of the Senate and the Committee 

on Transportation and Infrastructure of the House of Representatives. 

SEC. 11405. BRIDGE INSPECTION REPORTS. 

Section 417(d) of the Rail Safety Improvement Act of 2008 

(49 U.S.C. 20103 note) is amended— 

(1) by striking ‘‘The Secretary’’ and inserting the following: 

‘‘(1) IN GENERAL.—The Secretary’’; and 

(2) by adding at the end the following: 

‘‘(2) AVAILABILITY OF BRIDGE CONDITION.— 

‘‘(A) IN GENERAL.—A State or political subdivision of 

a State may file a request with the Secretary for a public 

version of a bridge inspection report generated under subsection (b)(5) for a bridge located in such State or political 

subdivision’s jurisdiction. 

‘‘(B) PUBLIC VERSION OF REPORT.—If the Secretary 

determines that the request is reasonable, the Secretary 

shall require a railroad to submit a public version of the 

most recent bridge inspection report, such as a summary 

form, for a bridge subject to a request under subparagraph 

(A). The public version of a bridge inspection report shall 

include the date of last inspection, length of bridge, location 

of bridge, type of bridge, type of structure, feature crossed 

by bridge, and railroad contact information, along with 

a general statement on the condition of the bridge. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1683 

‘‘(C) PROVISION OF REPORT.—The Secretary shall provide to a State or political subdivision of a State a public 

version of a bridge inspection report submitted under 

subparagraph (B). 

‘‘(D) TECHNICAL ASSISTANCE.—The Secretary, upon the 

reasonable request of State or political subdivision of a 

State, shall provide technical assistance to such State or 

political subdivision of a State to facilitate the understanding of a bridge inspection report.’’. 

SEC. 11406. SPEED LIMIT ACTION PLANS. 

(a) IN GENERAL.—Not later than 90 days after the date of 

enactment of this Act, each railroad carrier providing intercity 

rail passenger transportation or commuter rail passenger transportation, in consultation with any applicable host railroad carrier, 

shall survey its entire system and identify each main track location 

where there is a reduction of more than 20 miles per hour from 

the approach speed to a curve, bridge, or tunnel and the maximum 

authorized operating speed for passenger trains at that curve, 

bridge, or tunnel. 

(b) ACTION PLANS.—Not later than 120 days after the date 

that the survey under subsection (a) is complete, a railroad carrier 

described in subsection (a) shall submit to the Secretary an action 

plan that— 

(1) identifies each main track location where there is a 

reduction of more than 20 miles per hour from the approach 

speed to a curve, bridge, or tunnel and the maximum authorized 

operating speed for passenger trains at that curve, bridge, 

or tunnel; 

(2) describes appropriate actions to enable warning and 

enforcement of the maximum authorized speed for passenger 

trains at each location identified under paragraph (1), 

including— 

(A) modification to automatic train control systems, 

if applicable, or other signal systems; 

(B) increased crew size; 

(C) installation of signage alerting train crews of the 

maximum authorized speed for passenger trains in each 

location identified under paragraph (1); 

(D) installation of alerters; 

(E) increased crew communication; and 

(F) other practices; 

(3) contains milestones and target dates for implementing 

each appropriate action described under paragraph (2); and 

(4) ensures compliance with the maximum authorized speed 

at each location identified under paragraph (1). 

(c) APPROVAL.—Not later than 90 days after the date on which 

an action plan is submitted under subsection (b), the Secretary 

shall approve, approve with conditions, or disapprove the action 

plan. 

(d) ALTERNATIVE SAFETY MEASURES.—The Secretary may 

exempt from the requirements of this section each segment of 

track for which operations are governed by a positive train control 

system certified under section 20157 of title 49, United States 

Code, or any other safety technology or practice that would achieve 

an equivalent or greater level of safety in reducing derailment 

risk. 


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129 STAT. 1684 PUBLIC LAW 114–94—DEC. 4, 2015 

(e) REPORT.—Not later than 6 months after the date of enactment of this Act, the Secretary shall submit to the Committee 

on Commerce, Science, and Transportation of the Senate and the 

Committee on Transportation and Infrastructure of the House of 

Representatives a report that describes— 

(1) the actions railroad carriers have taken in response 

to Safety Advisory 2013–08, entitled ‘‘Operational Tests and 

Inspections for Compliance With Maximum Authorized Train 

Speeds and Other Speed Restrictions’’; 

(2) the actions railroad carriers have taken in response 

to Safety Advisory 2015–03, entitled ‘‘Operational and Signal 

Modifications for Compliance with Maximum Authorized Passenger Train Speeds and Other Speed Restrictions’’; and 

(3) the actions the Federal Railroad Administration has 

taken to evaluate or incorporate the information and findings 

arising from the safety advisories referred to in paragraphs 

(1) and (2) into the development of regulatory action and oversight activities. 

(f) SAVINGS CLAUSE.—Nothing in this section shall prohibit 

the Secretary from applying the requirements of this section to 

other segments of track at high risk of overspeed derailment. 

SEC. 11407. ALERTERS. 

(a) IN GENERAL.—The Secretary shall promulgate a rule to 

require a working alerter in the controlling locomotive of each 

passenger train in intercity rail passenger transportation (as defined 

in section 24102 of title 49, United States Code) or commuter 

rail passenger transportation (as defined in section 24102 of title 

49, United States Code). 

(b) RULEMAKING.— 

(1) IN GENERAL.—The Secretary may promulgate a rule 

to specify the essential functionalities of a working alerter, 

including the manner in which the alerter can be reset. 

(2) ALTERNATE PRACTICE OR TECHNOLOGY.—The Secretary 

may require or allow a technology or practice in lieu of a 

working alerter if the Secretary determines that the technology 

or practice would achieve an equivalent or greater level of 

safety in enhancing or ensuring appropriate locomotive control. 

SEC. 11408. SIGNAL PROTECTION. 

(a) IN GENERAL.—Not later than 18 months after the date 

of enactment of this Act, the Secretary shall initiate a rulemaking 

to require that on-track safety regulations, whenever practicable 

and consistent with other safety requirements and operational 

considerations, include requiring implementation of redundant 

signal protection for maintenance-of-way work crews who depend 

on a train dispatcher to provide signal protection. 

(b) ALTERNATIVE SAFETY MEASURES.—The Secretary shall consider exempting from any final requirements of this section each 

segment of track for which operations are governed by a positive 

train control system certified under section 20157 of title 49, United 

States Code, or any other safety technology or practice that would 

achieve an equivalent or greater level of safety in providing additional signal protection. 

SEC. 11409. COMMUTER RAIL TRACK INSPECTIONS. 

(a) IN GENERAL.—The Secretary shall evaluate track inspection 

regulations to determine if a railroad carrier providing commuter 

49 USC 20142 

note. 

49 USC 20501 

note. 

49 USC 20103 

note. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1685 

rail passenger transportation on high density commuter railroad 

lines should be required to inspect the lines in the same manner 

as is required for other commuter railroad lines. 

(b) RULEMAKING.—Considering safety, including railroad carrier 

employee and contractor safety, system capacity, and other relevant 

factors, the Secretary may promulgate a rule for high density commuter railroad lines. If, after the evaluation under subsection (a), 

the Secretary determines that it is necessary to promulgate a rule, 

the Secretary shall specifically consider the following regulatory 

requirements for high density commuter railroad lines: 

(1) At least once every 2 weeks— 

(A) traverse each main line by vehicle; or 

(B) inspect each main line on foot. 

(2) At least once each month, traverse and inspect each 

siding by vehicle or by foot. 

(c) REPORT.—If, after the evaluation under subsection (a), the 

Secretary determines it is not necessary to revise the regulations 

under this section, the Secretary, not later than 18 months after 

the date of enactment of this Act, shall transmit to the Committee 

on Commerce, Science, and Transportation of the Senate and the 

Committee on Transportation and Infrastructure of the House of 

Representatives a report explaining the reasons for not revising 

the regulations. 

(d) CONSTRUCTION.—Nothing in this section may be construed 

to limit the authority of the Secretary to promulgate regulations 

or issue orders under any other law. 

SEC. 11410. POST-ACCIDENT ASSESSMENT. 

(a) IN GENERAL.—The Secretary, in cooperation with the 

National Transportation Safety Board and Amtrak, shall conduct 

a post-accident assessment of the Amtrak Northeast Regional Train 

#188 crash on May 12, 2015. 

(b) ELEMENTS.—The assessment conducted pursuant to subsection (a) shall include— 

(1) a review of Amtrak’s compliance with the plan for 

addressing the needs of the families of passengers involved 

in any rail passenger accident, which was submitted pursuant 

to section 24316 of title 49, United States Code; 

(2) a review of Amtrak’s compliance with the emergency 

preparedness plan required under section 239.101(a) of title 

49, Code of Federal Regulations; 

(3) a determination of any additional action items that 

should be included in the plans referred to in paragraphs 

(1) and (2) to meet the needs of the passengers involved in 

the crash and their families, including— 

(A) notification of emergency contacts; 

(B) dedicated and trained staff to manage family assistance; 

(C) the establishment of a family assistance center 

at the accident locale or other appropriate location; 

(D) a system for identifying and recovering items 

belonging to passengers that were lost in the crash; and 

(E) the establishment of a single customer service 

entity within Amtrak to coordinate the response to the 

needs of the passengers involved in the crash and their 

families; and 


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129 STAT. 1686 PUBLIC LAW 114–94—DEC. 4, 2015 

(4) recommendations for any additional training needed 

by Amtrak staff to better implement the plans referred to 

in paragraphs (1) and (2), including the establishment of a 

regular schedule for training drills and exercises. 

(c) REPORT TO CONGRESS.—Not later than 1 year after the 

date of enactment of this Act, Amtrak shall submit to the Committee 

on Commerce, Science, and Transportation of the Senate and the 

Committee on Transportation and Infrastructure of the House of 

Representatives a report that describes— 

(1) Amtrak’s plan to achieve the recommendations referred 

to in subsection (b)(4); and 

(2) any steps that have been taken to address any deficiencies identified through the assessment. 

SEC. 11411. RECORDING DEVICES. 

(a) IN GENERAL.—Subchapter II of chapter 201 of title 49, 

United States Code, is amended by adding at the end the following: 

‘‘§ 20168. Installation of audio and image recording devices 

‘‘(a) IN GENERAL.—Not later than 2 years after the date of 

enactment of the Passenger Rail Reform and Investment Act of 

2015, the Secretary of Transportation shall promulgate regulations 

to require each railroad carrier that provides regularly scheduled 

intercity rail passenger or commuter rail passenger transportation 

to the public to install inward- and outward-facing image recording 

devices in all controlling locomotive cabs and cab car operating 

compartments in such passenger trains. 

‘‘(b) DEVICE STANDARDS.—Each inward- and outward-facing 

image recording device shall— 

‘‘(1) have a minimum 12-hour continuous recording capability; 

‘‘(2) have crash and fire protections for any in-cab image 

recordings that are stored only within a controlling locomotive 

cab or cab car operating compartment; and 

‘‘(3) have recordings accessible for review during an 

accident or incident investigation. 

‘‘(c) REVIEW.—The Secretary shall establish a process to review 

and approve or disapprove an inward- or outward-facing image 

recording device for compliance with the standards described in 

subsection (b). 

‘‘(d) USES.—A railroad carrier subject to the requirements of 

subsection (a) that has installed an inward- or outward-facing image 

recording device approved under subsection (c) may use recordings 

from that inward- or outward-facing image recording device for 

the following purposes: 

‘‘(1) Verifying that train crew actions are in accordance 

with applicable safety laws and the railroad carrier’s operating 

rules and procedures, including a system-wide program for 

such verification. 

‘‘(2) Assisting in an investigation into the causation of 

a reportable accident or incident. 

‘‘(3) Documenting a criminal act or monitoring unauthorized occupancy of the controlling locomotive cab or car operating 

compartment. 

‘‘(4) Other purposes that the Secretary considers appropriate. 

‘‘(e) DISCRETION.— 

49 USC 20168. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1687 

‘‘(1) IN GENERAL.—The Secretary may— 

‘‘(A) require in-cab audio recording devices for the purposes described in subsection (d); and 

‘‘(B) define in appropriate technical detail the essential 

features of the devices required under subparagraph (A). 

‘‘(2) EXEMPTIONS.—The Secretary may exempt any railroad 

carrier subject to the requirements of subsection (a) or any 

part of the carrier’s operations from the requirements under 

subsection (a) if the Secretary determines that the carrier has 

implemented an alternative technology or practice that provides 

an equivalent or greater safety benefit or that is better suited 

to the risks of the operation. 

‘‘(f) TAMPERING.—A railroad carrier subject to the requirements 

of subsection (a) may take appropriate enforcement or administrative action against any employee that tampers with or disables 

an audio or inward- or outward-facing image recording device 

installed by the railroad carrier. 

‘‘(g) PRESERVATION OF DATA.—Each railroad carrier subject to 

the requirements of subsection (a) shall preserve recording device 

data for 1 year after the date of a reportable accident or incident. 

‘‘(h) INFORMATION PROTECTIONS.—The Secretary may not disclose publicly any part of an in-cab audio or image recording or 

transcript of oral communications by or among train employees 

or other operating employees responsible for the movement and 

direction of the train, or between such operating employees and 

company communication centers, related to an accident or incident 

investigated by the Secretary. The Secretary may make public 

any part of a transcript or any written depiction of visual information that the Secretary determines is relevant to the accident at 

the time a majority of the other factual reports on the accident 

or incident are released to the public. 

‘‘(i) PROHIBITED USE.—An in-cab audio or image recording 

obtained by a railroad carrier under this section may not be used 

to retaliate against an employee. 

‘‘(j) SAVINGS CLAUSE.—Nothing in this section may be construed 

as requiring a railroad carrier to cease or restrict operations upon 

a technical failure of an inward- or outward-facing image recording 

device or in-cab audio device. Such railroad carrier shall repair 

or replace the failed inward- or outward-facing image recording 

device as soon as practicable.’’. 

(b) CONFORMING AMENDMENT.—The table of contents for subchapter II of chapter 201 of title 49, United States Code, is amended 

by adding at the end the following: 

‘‘20168. Installation of audio and image recording devices.’’. 

SEC. 11412. RAILROAD POLICE OFFICERS. 

(a) IN GENERAL.—Section 28101 of title 49, United States Code, 

is amended— 

(1) by striking ‘‘employed by’’ each place it appears and 

inserting ‘‘directly employed by or contracted by’’; 

(2) in subsection (b), by inserting ‘‘or agent, as applicable,’’ 

after ‘‘an employee’’; and 

(3) by adding at the end the following: 

‘‘(c) TRANSFERS.— 

‘‘(1) IN GENERAL.—If a railroad police officer directly 

employed by or contracted by a rail carrier and certified or 

commissioned as a police officer under the laws of a State 

49 USC 

prec. 20101. 


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129 STAT. 1688 PUBLIC LAW 114–94—DEC. 4, 2015 

transfers primary employment or residence from the certifying 

or commissioning State to another State or jurisdiction, the 

railroad police officer, not later than 1 year after the date 

of transfer, shall apply to be certified or commissioned as a 

police office under the laws of the State of new primary employment or residence. 

‘‘(2) INTERIM PERIOD.—During the period beginning on the 

date of transfer and ending 1 year after the date of transfer, 

a railroad police officer directly employed by or contracted 

by a rail carrier and certified or commissioned as a police 

officer under the laws of a State may enforce the laws of 

the new jurisdiction in which the railroad police officer resides, 

to the same extent as provided in subsection (a). 

‘‘(d) TRAINING.— 

‘‘(1) IN GENERAL.—A State may recognize as meeting that 

State’s basic police officer certification or commissioning 

requirements for qualification as a rail police officer under 

this section any individual who successfully completes a program at a State-recognized police training academy in another 

State or at a Federal law enforcement training center and 

who is certified or commissioned as a police officer by that 

other State. 

‘‘(2) RULE OF CONSTRUCTION.—Nothing in this subsection 

shall be construed as superseding or affecting any State 

training requirements related to criminal law, criminal procedure, motor vehicle code, any other State law, or State-mandated comparative or annual in-service training academy or 

Federal law enforcement training center.’’. 

(b) REGULATIONS.—Not later than 1 year after the date of 

enactment of this Act, the Secretary shall revise the regulations 

in part 207 of title 49, Code of Federal Regulations (relating to 

railroad police officers), to permit a railroad to designate an individual, who is commissioned in the individual’s State of legal residence or State of primary employment and directly employed by 

or contracted by a railroad to enforce State laws for the protection 

of railroad property, personnel, passengers, and cargo, to serve 

in the States in which the railroad owns property. 

(c) CONFORMING AMENDMENTS.— 

(1) AMTRAK RAIL POLICE.—Section 24305(e) of title 49, 

United States Code, is amended— 

(A) by striking ‘‘may employ’’ and inserting ‘‘may 

directly employ or contract with’’; 

(B) by striking ‘‘employed by’’ and inserting ‘‘directly 

employed by or contracted by’’; and 

(C) by striking ‘‘employed without’’ and inserting 

‘‘directly employed or contracted without’’. 

(2) EXCEPTIONS.—Section 922(z)(2)(B) of title 18, United 

States Code, is amended by striking ‘‘employed by’’ and 

inserting ‘‘directly employed by or contracted by’’. 

SEC. 11413. REPAIR AND REPLACEMENT OF DAMAGED TRACK INSPECTION EQUIPMENT. 

(a) IN GENERAL.—Subchapter I of chapter 201 of title 49, United 

States Code, is amended by adding at the end the following: 

49 USC 28101 

note. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1689 

‘‘§ 20121. Repair and replacement of damaged track inspection equipment 

‘‘The Secretary of Transportation may receive and expend cash, 

or receive and utilize spare parts and similar items, from nonUnited States Government sources to repair damages to or replace 

United States Government-owned automated track inspection cars 

and equipment as a result of third-party liability for such damages, 

and any amounts collected under this section shall be credited 

directly to the Railroad Safety and Operations account of the Federal Railroad Administration and shall remain available until 

expended for the repair, operation, and maintenance of automated 

track inspection cars and equipment in connection with the automated track inspection program.’’. 

(b) CONFORMING AMENDMENT.—The table of contents for subchapter I of chapter 201 of title 49, United States Code, is amended 

by adding at the end the following: 

‘‘20121. Repair and replacement of damaged track inspection equipment.’’. 

SEC. 11414. REPORT ON VERTICAL TRACK DEFLECTION. 

(a) REPORT.—Not later than 9 months after the date of enactment of this Act, the Secretary shall transmit to the Committee 

on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation 

of the Senate a report detailing research conducted or procured 

by the Federal Railroad Administration on developing a system 

that measures vertical track deflection (in this section referred 

to as ‘‘VTD’’) from a moving rail car, including the ability of such 

system to identify poor track support from fouled ballast, deteriorated cross ties, or other conditions. 

(b) CONTENTS.—The report required under subsection (a) shall 

include— 

(1) the findings and results of testing of VTD instrumentation during field trials on revenue service track; 

(2) the findings and results of subsequent testing of VTD 

instrumentation on a Federal Railroad Administration automated track inspection program geometry car; 

(3) if considered appropriate by the Secretary based on 

the report and related research, a plan for developing quantitative inspection criteria for poor track support using existing 

VTD instrumentation on Federal Railroad Administration automated track inspection program geometry cars; and 

(4) if considered appropriate by the Secretary based on 

the report and related research, a plan for installing VTD 

instrumentation on all remaining Federal Railroad Administration automated track inspection program geometry cars not 

later than 3 years after the date of enactment of this Act. 

SEC. 11415. RAIL PASSENGER LIABILITY. 

(a) AMTRAK INCIDENT.—Notwithstanding any other provision 

of law, the aggregate allowable awards to all rail passengers, 

against all defendants, for all claims, including claims for punitive 

damages, arising from a single accident or incident involving 

Amtrak occurring on May 12, 2015, shall not exceed $295,000,000. 

(b) ADJUSTMENT BASED ON CONSUMER PRICE INDEX.—The 

liability cap under section 28103(a)(2) of title 49, United States 

Code, shall be adjusted on the date of enactment of this Act to 

49 USC 28103 

note. 

49 USC 

prec. 20101. 

49 USC 20121. 


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reflect the change in the Consumer Price Index-All Urban Consumers between such date and December 2, 1997, and the Secretary 

shall provide appropriate public notice of such adjustment. The 

adjustment of the liability cap shall be effective 30 days after 

such notice. Every fifth year after the date of enactment of this 

Act, the Secretary shall adjust such liability cap to reflect the 

change in the Consumer Price Index-All Urban Consumers since 

the last adjustment. The Secretary shall provide appropriate public 

notice of each such adjustment, and the adjustment shall become 

effective 30 days after such notice. 

Subtitle E—Project Delivery 

SEC. 11501. SHORT TITLE. 

This subtitle may be cited as the ‘‘Track, Railroad, and Infrastructure Network Act’’ or the ‘‘TRAIN Act’’. 

SEC. 11502. TREATMENT OF IMPROVEMENTS TO RAIL AND TRANSIT 

UNDER PRESERVATION REQUIREMENTS. 

(a) TITLE 23 AMENDMENT.—Section 138 of title 23, United 

States Code, is further amended by adding at the end the following: 

‘‘(f) RAIL AND TRANSIT.— 

‘‘(1) IN GENERAL.—Improvements to, or the maintenance, 

rehabilitation, or operation of, railroad or rail transit lines 

or elements thereof that are in use or were historically used 

for the transportation of goods or passengers shall not be considered a use of a historic site under subsection (a), regardless 

of whether the railroad or rail transit line or element thereof 

is listed on, or eligible for listing on, the National Register 

of Historic Places. 

‘‘(2) EXCEPTIONS.— 

‘‘(A) IN GENERAL.—Paragraph (1) shall not apply to— 

‘‘(i) stations; or 

‘‘(ii) bridges or tunnels located on— 

‘‘(I) railroad lines that have been abandoned; 

or 

‘‘(II) transit lines that are not in use. 

‘‘(B) CLARIFICATION WITH RESPECT TO CERTAIN BRIDGES

AND TUNNELS.—The bridges and tunnels referred to in 

subparagraph (A)(ii) do not include bridges or tunnels 

located on railroad or transit lines— 

‘‘(i) over which service has been discontinued; or 

‘‘(ii) that have been railbanked or otherwise 

reserved for the transportation of goods or passengers.’’. 

(b) TITLE 49 AMENDMENT.—Section 303 of title 49, United 

States Code, is further amended— 

(1) in subsection (c), in the matter preceding paragraph 

(1), by striking ‘‘subsection (d)’’ and inserting ‘‘subsections (d) 

and (h)’’; and 

(2) by adding at the end the following: 

‘‘(h) RAIL AND TRANSIT.— 

‘‘(1) IN GENERAL.—Improvements to, or the maintenance, 

rehabilitation, or operation of, railroad or rail transit lines 

or elements thereof that are in use or were historically used 

49 USC 20101 

note. 

Track, Railroad, 

and 

Infrastructure 

Network Act. 


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for the transportation of goods or passengers shall not be considered a use of a historic site under subsection (c), regardless 

of whether the railroad or rail transit line or element thereof 

is listed on, or eligible for listing on, the National Register 

of Historic Places. 

‘‘(2) EXCEPTIONS.— ‘‘(A) IN GENERAL.—Paragraph (1) shall not apply to— 

‘‘(i) stations; or 

‘‘(ii) bridges or tunnels located on— 

‘‘(I) railroad lines that have been abandoned; 

or 

‘‘(II) transit lines that are not in use. 

‘‘(B) CLARIFICATION WITH RESPECT TO CERTAIN BRIDGES

AND TUNNELS.—The bridges and tunnels referred to in 

subparagraph (A)(ii) do not include bridges or tunnels 

located on railroad or transit lines— 

‘‘(i) over which service has been discontinued; or 

‘‘(ii) that have been railbanked or otherwise 

reserved for the transportation of goods or passengers.’’. 

SEC. 11503. EFFICIENT ENVIRONMENTAL REVIEWS. 

(a) AMENDMENT.—Title 49, United States Code, is amended 

by inserting after chapter 241 the following new chapter: 

‘‘CHAPTER 242—PROJECT DELIVERY 

‘‘Sec. 

‘‘24201. Efficient environmental reviews. 

‘‘§ 24201. Efficient environmental reviews 

‘‘(a) EFFICIENT ENVIRONMENTAL REVIEWS.— ‘‘(1) IN GENERAL.—The Secretary of Transportation shall 

apply the project development procedures, to the greatest extent 

feasible, described in section 139 of title 23 to any railroad 

project that requires the approval of the Secretary under the 

National Environmental Policy Act of 1969 (42 U.S.C. 4321 

et seq.). 

‘‘(2) REGULATIONS AND PROCEDURES.—In carrying out paragraph (1), the Secretary shall incorporate into agency regulations and procedures pertaining to railroad projects described 

in paragraph (1) aspects of such project development procedures, or portions thereof, determined appropriate by the Secretary in a manner consistent with this section, that increase 

the efficiency of the review of railroad projects. 

‘‘(3) DISCRETION.—The Secretary may choose not to incorporate into agency regulations and procedures pertaining to 

railroad projects described in paragraph (1) such project 

development procedures that could only feasibly apply to highway projects, public transportation capital projects, and 

multimodal projects. 

‘‘(4) APPLICABILITY.—Subsection (l) of section 139 of title 

23 shall apply to railroad projects described in paragraph (1), 

except that the limitation on claims of 150 days shall be 2 

years. 

‘‘(b) ADDITIONAL CATEGORICAL EXCLUSIONS.—Not later than 6 

months after the date of enactment of the Passenger Rail Reform 

and Investment Act of 2015, the Secretary shall— 

49 USC 24201. 

49 USC 

prec. 24201. 


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‘‘(1) survey the use by the Federal Railroad Administration 

of categorical exclusions in transportation projects since 2005; 

and 

‘‘(2) publish in the Federal Register for notice and public 

comment a review of the survey that includes a description 

of— 

‘‘(A) the types of actions categorically excluded; and 

‘‘(B) any actions the Secretary is considering for new 

categorical exclusions, including those that would conform 

to those of other modal administrations. 

‘‘(c) NEW CATEGORICAL EXCLUSIONS.—Not later than 1 year 

after the date of enactment of the Passenger Rail Reform and 

Investment Act of 2015, the Secretary shall publish a notice of 

proposed rulemaking to propose new and existing categorical exclusions for railroad projects that require the approval of the Secretary 

under the National Environmental Policy Act of 1969 (42 U.S.C. 

4321 et seq.), including those identified under subsection (b), and 

develop a process for considering new categorical exclusions to 

the extent that the categorical exclusions meet the criteria for 

a categorical exclusion under section 1508.4 of title 40, Code of 

Federal Regulations. 

‘‘(d) TRANSPARENCY.—The Secretary shall maintain and make 

publicly available, including on the Internet, a database that identifies project-specific information on the use of a categorical exclusion 

on any railroad project carried out under this title. 

‘‘(e) PROTECTIONS FOR EXISTING AGREEMENTS AND NEPA.— 

Nothing in subtitle E of the Passenger Rail Reform and Investment 

Act of 2015, or any amendment made by such subtitle, shall affect 

any existing environmental review process, program, agreement, 

or funding arrangement approved by the Secretary under title 49, 

as that title was in effect on the day preceding the date of enactment 

of such subtitle.’’. 

(b) SAVINGS CLAUSE.—Except as expressly provided in section 

41003(f) and subsection (o) of section 139 of title 23, United States 

Code, the requirements and other provisions of title 41 of this 

Act shall not apply to— 

(1) programs administered now and in the future by the 

Department of Transportation or its operating administrations 

under title 23, 46, or 49, United States Code, including direct 

loan and loan guarantee programs, or other Federal statutes 

or programs or projects administered by an agency pursuant 

to their authority under title 49, United States Code; or 

(2) any project subject to section 2045 of the Water 

Resources Development Act of 2007 (33 U.S.C. 2348). 

(c) TABLE OF CHAPTERS AMENDMENT.—The table of chapters 

of subtitle V of title 49, United States Code, is amended by inserting 

after the item relating to chapter 241 the following: 

‘‘242. Project delivery ............................................................................................24201’’. 

SEC. 11504. RAILROAD RIGHTS-OF-WAY. 

(a) AMENDMENT.—Chapter 242 of title 49, United States Code, 

(as added by this Act) is amended by adding at the end the following: 

‘‘§ 24202. Railroad rights-of-way 

‘‘(a) IN GENERAL.—Not later than 1 year after the date of 

enactment of the Passenger Rail Reform and Investment Act of 

2015, the Secretary shall submit a proposed exemption of railroad 

49 USC 24202. 

49 USC 

prec. 20101. 

42 USC 4370m 

note. 


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rights-of-way from the review under section 306108 of title 54 

to the Advisory Council on Historic Preservation for consideration, 

consistent with the exemption for interstate highways approved 

on March 10, 2005 (70 Fed. Reg. 11,928). 

‘‘(b) FINAL EXEMPTION.—Not later than 180 days after the 

date on which the Secretary submits the proposed exemption under 

subsection (a) to the Council, the Council shall issue a final exemption of railroad rights-of-way from review under chapter 3061 of 

title 54 consistent with the exemption for interstate highways 

approved on March 10, 2005 (70 Fed. Reg. 11,928).’’. 

(b) CONFORMING AMENDMENT.—The table of contents for 

chapter 242 of title 49, United States Code, (as added by this 

Act) is amended by adding at the end the following: 

‘‘24202. Railroad rights-of-way.’’. 

Subtitle F—Financing 

SEC. 11601. SHORT TITLE; REFERENCES. 

(a) SHORT TITLE.—This subtitle may be cited as the ‘‘Railroad 

Infrastructure Financing Improvement Act’’. 

(b) REFERENCES TO THE RAILROAD REVITALIZATION AND REGU- LATORY REFORM ACT OF 1976.—Except as otherwise expressly provided, wherever in this subtitle an amendment or repeal is 

expressed in terms of an amendment to, or repeal of, a section 

or other provision, the reference shall be considered to be made 

to a section or other provision of the Railroad Revitalization and 

Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.). 

SEC. 11602. DEFINITIONS. 

Section 501 (45 U.S.C. 821) is amended— 

(1) by redesignating paragraph (8) as paragraph (10); 

(2) by redesignating paragraphs (6) and (7) as paragraphs 

(7) and (8), respectively; 

(3) by inserting after paragraph (5) the following: 

‘‘(6) The term ‘investment-grade rating’ means a rating 

of BBB minus, Baa 3, bbb minus, BBB(low), or higher assigned 

by a rating agency.’’; 

(4) by inserting after paragraph (8), as redesignated, the 

following: 

‘‘(9) The term ‘master credit agreement’ means an agreement to make 1 or more direct loans or loan guarantees at 

future dates for a program of related projects on terms acceptable to the Secretary.’’; and 

(5) by adding at the end the following: 

‘‘(11) The term ‘project obligation’ means a note, bond, 

debenture, or other debt obligation issued by a borrower in 

connection with the financing of a project, other than a direct 

loan or loan guarantee under this title. 

‘‘(12) The term ‘railroad’ has the meaning given the term 

‘railroad carrier’ in section 20102 of title 49, United States 

Code. 

‘‘(13) The term ‘rating agency’ means a credit rating agency 

registered with the Securities and Exchange Commission as 

a nationally recognized statistical rating organization (as 

defined in section 3(a) of the Securities Exchange Act of 1934 

(15 U.S.C. 78c(a))). 

45 USC 801 note. 

Railroad 

Infrastructure 

Financing 

Improvement 

Act. 

49 USC 

prec. 24201. 


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‘‘(14) The term ‘substantial completion’ means— 

‘‘(A) the opening of a project to passenger or freight 

traffic; or 

‘‘(B) a comparable event, as determined by the Secretary and specified in the terms of the direct loan or 

loan guarantee provided by the Secretary.’’. 

SEC. 11603. ELIGIBLE APPLICANTS. 

Section 502(a) (45 U.S.C. 822(a)) is amended— 

(1) in paragraph (5), by striking ‘‘one railroad’’ and inserting 

‘‘1 of the entities described in paragraph (1), (2), (3), (4), or 

(6)’’; and 

(2) by amending paragraph (6) to read as follows: 

‘‘(6) solely for the purpose of constructing a rail connection 

between a plant or facility and a railroad, limited option freight 

shippers that own or operate a plant or other facility.’’. 

SEC. 11604. ELIGIBLE PURPOSES. 

(a) IN GENERAL.—Section 502(b)(1) (45 U.S.C. 822(b)(1)) is 

amended— 

(1) in subparagraph (A), by inserting ‘‘, and costs related 

to these activities, including pre-construction costs’’ after 

‘‘shops’’; 

(2) in subparagraph (B), by striking ‘‘subparagraph (A); 

or’’ and inserting ‘‘subparagraph (A) or (C);’’; 

(3) in subparagraph (C), by striking the period at the 

end and inserting a semicolon; and 

(4) by adding at the end the following: 

‘‘(D) reimburse planning and design expenses relating 

to activities described in subparagraph (A) or (C); or 

‘‘(E) finance economic development, including commercial and residential development, and related infrastructure 

and activities, that— 

‘‘(i) incorporates private investment; 

‘‘(ii) is physically or functionally related to a passenger rail station or multimodal station that includes 

rail service; 

‘‘(iii) has a high probability of the applicant commencing the contracting process for construction not 

later than 90 days after the date on which the direct 

loan or loan guarantee is obligated for the project 

under this title; and 

‘‘(iv) has a high probability of reducing the need 

for financial assistance under any other Federal program for the relevant passenger rail station or service 

by increasing ridership, tenant lease payments, or 

other activities that generate revenue exceeding costs.’’. 

(b) REQUIRED NON-FEDERAL MATCH FOR TRANSIT-ORIENTED

DEVELOPMENT PROJECTS.—Section 502(h) (45 U.S.C. 822(h)) is 

amended by adding at the end the following: 

‘‘(4) The Secretary shall require each recipient of a direct loan 

or loan guarantee under this section for a project described in 

subsection (b)(1)(E) to provide a non-Federal match of not less 

than 25 percent of the total amount expended by the recipient 

for such project.’’. 

(c) SUNSET.—Section 502(b) (45 U.S.C. 822(b)) is amended by 

adding at the end the following: 


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‘‘(3) SUNSET.—The Secretary may provide a direct loan 

or loan guarantee under this section for a project described 

in paragraph (1)(E) only during the 4-year period beginning 

on the date of enactment of the Passenger Rail Reform and 

Investment Act of 2015.’’. 

SEC. 11605. PROGRAM ADMINISTRATION. 

(a) APPLICATION PROCESSING PROCEDURES.—Section 502(i) (45 

U.S.C. 822(i)) is amended to read as follows: 

‘‘(i) APPLICATION PROCESSING PROCEDURES.— 

‘‘(1) APPLICATION STATUS NOTICES.—Not later than 30 days 

after the date that the Secretary receives an application under 

this section, or additional information and material under paragraph (2)(B), the Secretary shall provide the applicant written 

notice as to whether the application is complete or incomplete. 

‘‘(2) INCOMPLETE APPLICATIONS.—If the Secretary determines that an application is incomplete, the Secretary shall— 

‘‘(A) provide the applicant with a description of all 

of the specific information or material that is needed to 

complete the application, including any information 

required by an independent financial analyst; and 

‘‘(B) allow the applicant to resubmit the application 

with the information and material described under 

subparagraph (A) to complete the application. 

‘‘(3) APPLICATION APPROVALS AND DISAPPROVALS.— 

‘‘(A) IN GENERAL.—Not later than 60 days after the 

date the Secretary notifies an applicant that an application 

is complete under paragraph (1), the Secretary shall provide the applicant written notice as to whether the Secretary has approved or disapproved the application. 

‘‘(B) ACTIONS BY THE OFFICE OF MANAGEMENT AND

BUDGET.—In order to enable compliance with the time limit 

under subparagraph (A), the Office of Management and 

Budget shall take any action required with respect to the 

application within that 60-day period. 

‘‘(4) EXPEDITED PROCESSING.—The Secretary shall implement procedures and measures to economize the time and 

cost involved in obtaining an approval or a disapproval of 

an application for a direct loan or loan guarantee under this 

title. 

‘‘(5) DASHBOARD.—The Secretary shall post on the Department of Transportation’s Internet Web site a monthly report 

that includes, for each application— 

‘‘(A) the applicant type; 

‘‘(B) the location of the project; 

‘‘(C) a brief description of the project, including its 

purpose; 

‘‘(D) the requested direct loan or loan guarantee 

amount; 

‘‘(E) the date on which the Secretary provided application status notice under paragraph (1); and 

‘‘(F) the date that the Secretary provided notice of 

approval or disapproval under paragraph (3).’’. 

(b) ADMINISTRATION OF DIRECT LOANS AND LOAN GUARANTEES.—Section 503 (45 U.S.C. 823) is amended— 


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(1) in subsection (a) by striking the period at the end 

and inserting ‘‘, including a program guide, a standard term 

sheet, and specific timetables.’’; 

(2) by redesignating subsections (c) through (l) as subsections (d) through (m), respectively; 

(3) by striking ‘‘(b) ASSIGNMENT OF LOAN GUARANTEES.— 

’’ and inserting ‘‘(c) ASSIGNMENT OF LOAN GUARANTEES.—’’; 

(4) in subsection (d), as so redesignated— 

(A) in paragraph (1) by striking ‘‘; and’’ and inserting 

a semicolon; 

(B) in paragraph (2) by striking the period at the 

end and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(3) the modification cost has been covered under section 

502(f).’’; and 

(5) by striking subsection (l), as so redesignated, and 

inserting the following: 

‘‘(l) CHARGES AND LOAN SERVICING.— 

‘‘(1) PURPOSES.—The Secretary may collect from each 

applicant, obligor, or loan party a reasonable charge for— 

‘‘(A) the cost of evaluating the application, amendments, modifications, and waivers, including for evaluating 

project viability, applicant creditworthiness, and the 

appraisal of the value of the equipment or facilities for 

which the direct loan or loan guarantee is sought, and 

for making necessary determinations and findings; 

‘‘(B) the cost of award management and project 

management oversight; 

‘‘(C) the cost of services from expert firms, including 

counsel, and independent financial advisors to assist in 

the underwriting, auditing, servicing, and exercise of rights 

with respect to direct loans and loan guarantees; and 

‘‘(D) the cost of all other expenses incurred as a result 

of a breach of any term or condition or any event of default 

on a direct loan or loan guarantee. 

‘‘(2) STANDARDS.—The Secretary may charge different 

amounts under this subsection based on the different costs 

incurred under paragraph (1). 

‘‘(3) SERVICER.— 

‘‘(A) IN GENERAL.—The Secretary may appoint a financial entity to assist the Secretary in servicing a direct 

loan or loan guarantee under this title. 

‘‘(B) DUTIES.—A servicer appointed under subparagraph (A) shall act as the agent of the Secretary in serving 

a direct loan or loan guarantee under this title. 

‘‘(C) FEES.—A servicer appointed under subparagraph 

(A) shall receive a servicing fee from the obligor or other 

loan party, subject to approval by the Secretary. 

‘‘(4) SAFETY AND OPERATIONS ACCOUNT.—Amounts collected 

under this subsection shall— 

‘‘(A) be credited directly to the Safety and Operations 

account of the Federal Railroad Administration; and 

‘‘(B) remain available until expended to pay for the 

costs described in this subsection.’’. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1697 

SEC. 11606. LOAN TERMS AND REPAYMENT. 

(a) PREREQUISITES FOR ASSISTANCE.—Section 502(g)(1) (45 

U.S.C. 822(g)(1)) is amended by striking ‘‘35 years from the date 

of its execution’’ and inserting the following: ‘‘the lesser of— 

‘‘(A) 35 years after the date of substantial completion 

of the project; or 

‘‘(B) the estimated useful life of the rail equipment 

or facilities to be acquired, rehabilitated, improved, developed, or established’’. 

(b) REPAYMENT SCHEDULES.—Section 502(j) (45 U.S.C. 822(j)) 

is amended— 

(1) in paragraph (1) by striking ‘‘the sixth anniversary 

date of the original loan disbursement’’ and inserting ‘‘5 years 

after the date of substantial completion’’; and 

(2) by adding at the end the following: 

‘‘(3) DEFERRED PAYMENTS.— 

‘‘(A) IN GENERAL.—If at any time after the date of 

substantial completion the obligor is unable to pay the 

scheduled loan repayments of principal and interest on 

a direct loan provided under this section, the Secretary, 

subject to subparagraph (B), may allow, for a maximum 

aggregate time of 1 year over the duration of the direct 

loan, the obligor to add unpaid principal and interest to 

the outstanding balance of the direct loan. 

‘‘(B) INTEREST.—A payment deferred under subparagraph (A) shall— 

‘‘(i) continue to accrue interest under paragraph 

(2) until the loan is fully repaid; and 

‘‘(ii) be scheduled to be amortized over the 

remaining term of the loan. 

‘‘(4) PREPAYMENTS.— 

‘‘(A) USE OF EXCESS REVENUES.—With respect to a 

direct loan provided by the Secretary under this section, 

any excess revenues that remain after satisfying scheduled 

debt service requirements on the project obligations and 

direct loan and all deposit requirements under the terms 

of any trust agreement, bond resolution, or similar agreement securing project obligations may be applied annually 

to prepay the direct loan without penalty. 

‘‘(B) USE OF PROCEEDS OF REFINANCING.—The direct 

loan may be prepaid at any time without penalty from 

the proceeds of refinancing from non-Federal funding 

sources.’’. 

(c) SALE OF DIRECT LOANS.—Section 502 (45 U.S.C. 822) is 

amended by adding at the end the following: 

‘‘(k) SALE OF DIRECT LOANS.— 

‘‘(1) IN GENERAL.—Subject to paragraph (2) and as soon 

as practicable after substantial completion of a project, the 

Secretary, after notifying the obligor, may sell to another entity 

or reoffer into the capital markets a direct loan for the project 

if the Secretary determines that the sale or reoffering has 

a high probability of being made on favorable terms. 

‘‘(2) CONSENT OF OBLIGOR.—In making a sale or reoffering 

under paragraph (1), the Secretary may not change the original 

terms and conditions of the secured loan without the prior 

written consent of the obligor.’’. 


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129 STAT. 1698 PUBLIC LAW 114–94—DEC. 4, 2015 

(d) NONSUBORDINATION.—Section 502 (45 U.S.C. 822) is further 

amended by adding at the end the following: 

‘‘(l) NONSUBORDINATION.— 

‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 

a direct loan provided by the Secretary under this section 

shall not be subordinated to the claims of any holder of project 

obligations in the event of bankruptcy, insolvency, or liquidation 

of the obligor. 

‘‘(2) PREEXISTING INDENTURES.— 

‘‘(A) IN GENERAL.—The Secretary may waive the 

requirement under paragraph (1) for a public agency borrower that is financing ongoing capital programs and has 

outstanding senior bonds under a preexisting indenture 

if— 

‘‘(i) the direct loan is rated in the A category or 

higher; 

‘‘(ii) the direct loan is secured and payable from 

pledged revenues not affected by project performance, 

such as a tax-based revenue pledge or a system-backed 

pledge of project revenues; and 

‘‘(iii) the program share, under this title, of eligible 

project costs is 50 percent or less. 

‘‘(B) LIMITATION.—The Secretary may impose limitations for the waiver of the nonsubordination requirement 

under this paragraph if the Secretary determines that such 

limitations would be in the financial interest of the Federal 

Government.’’. 

SEC. 11607. CREDIT RISK PREMIUMS. 

(a) INFRASTRUCTURE PARTNERS.—Section 502(f) (45 U.S.C. 

822(f)) is amended— 

(1) in paragraph (1) by striking the first sentence and 

inserting the following: ‘‘In lieu of or in combination with appropriations of budget authority to cover the costs of direct loans 

and loan guarantees as required under section 504(b)(1) of 

the Federal Credit Reform Act of 1990 (2 U.S.C. 661c(b)(1)), 

including the cost of a modification thereof, the Secretary may 

accept on behalf of an applicant for assistance under this section 

a commitment from a non-Federal source, including a State 

or local government or agency or public benefit corporation 

or public authority thereof, to fund in whole or in part credit 

risk premiums and modification costs with respect to the loan 

that is the subject of the application or modification.’’; 

(2) in paragraph (2)— 

(A) in subparagraph (D), by adding ‘‘and’’ after the 

semicolon; 

(B) by striking subparagraph (E); and 

(C) by redesignating subparagraph (F) as subparagraph 

(E); 

(3) by striking paragraph (4); 

(4) by redesignating paragraph (3) as paragraph (4); 

(5) by inserting after paragraph (2) the following: 

‘‘(3) CREDITWORTHINESS.—An applicant may propose and 

the Secretary shall accept as a basis for determining the amount 

of the credit risk premium under paragraph (2) any of the 

following in addition to the value of any tangible asset: 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1699 

‘‘(A) The net present value of a future stream of State 

or local subsidy income or other dedicated revenues to 

secure the direct loan or loan guarantee. 

‘‘(B) Adequate coverage requirements to ensure repayment, on a non-recourse basis, from cash flows generated 

by the project or any other dedicated revenue source, 

including— 

‘‘(i) tolls; 

‘‘(ii) user fees; or 

‘‘(iii) payments owing to the obligor under a publicprivate partnership. 

‘‘(C) An investment-grade rating on the direct loan 

or loan guarantee, as applicable, except that if the total 

amount of the direct loan or loan guarantee is greater 

than $75,000,000, the applicant shall have an investmentgrade rating from at least 2 rating agencies on the direct 

loan or loan guarantee.’’; and 

(6) in paragraph (4), as redesignated, by striking ‘‘amounts’’ 

and inserting ‘‘amounts (and in the case of a modification, 

before the modification is executed), to the extent appropriations are not available to the Secretary to meet the costs 

of direct loans and loan guarantees, including costs of modifications thereof’’. 

(b) SAVINGS CLAUSE.—All provisions under sections 502 through 

504 of the Railroad Revitalization and Regulatory Reform Act of 

1976 (45 U.S.C. 801 et seq.) as they existed on the day before 

enactment of this Act shall apply to direct loans provided by the 

Secretary prior to the date of enactment of this Act, and nothing 

in this title may be construed to limit the payback of a credit 

risk premium, with interest accrued thereon, if a direct loan provided by the Secretary under such sections has been paid back 

in full, prior to the date of enactment of this Act. 

SEC. 11608. MASTER CREDIT AGREEMENTS. 

Section 502 (45 U.S.C. 822) is further amended by adding 

at the end the following: 

‘‘(m) MASTER CREDIT AGREEMENTS.— 

‘‘(1) IN GENERAL.—Subject to subsection (d) and paragraph 

(2) of this subsection, the Secretary may enter into a master 

credit agreement that is contingent on all of the conditions 

for the provision of a direct loan or loan guarantee, as 

applicable, under this title and other applicable requirements 

being satisfied prior to the issuance of the direct loan or loan 

guarantee. 

‘‘(2) CONDITIONS.—Each master credit agreement shall— 

‘‘(A) establish the maximum amount and general terms 

and conditions of each applicable direct loan or loan guarantee; 

‘‘(B) identify 1 or more dedicated non-Federal revenue 

sources that will secure the repayment of each applicable 

direct loan or loan guarantee; 

‘‘(C) provide for the obligation of funds for the direct 

loans or loan guarantees contingent on and after all 

requirements have been met for the projects subject to 

the master credit agreement; and 

‘‘(D) provide 1 or more dates, as determined by the 

Secretary, before which the master credit agreement results 

45 USC 821 note. 


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129 STAT. 1700 PUBLIC LAW 114–94—DEC. 4, 2015 

in each of the direct loans or loan guarantees or in the 

release of the master credit agreement.’’. 

SEC. 11609. PRIORITIES AND CONDITIONS. 

(a) PRIORITY PROJECTS.—Section 502(c) (45 U.S.C. 822(c)) is 

amended— 

(1) in paragraph (1), by inserting ‘‘, including projects for 

the installation of a positive train control system (as defined 

in section 20157(i) of title 49, United States Code)’’ after ‘‘public 

safety’’; 

(2) by moving paragraph (3) to appear before paragraph 

(2), and redesignating those paragraphs accordingly; 

(3) in paragraph (5), by inserting ‘‘or chapter 227 of title 

49’’ after ‘‘section 135 of title 23’’; 

(4) by redesignating paragraphs (6) through (8) as paragraphs (7) through (9), respectively; and 

(5) by inserting after paragraph (5) the following: 

‘‘(6) improve railroad stations and passenger facilities and 

increase transit-oriented development;’’. 

(b) CONDITIONS OF ASSISTANCE.—Section 502(h)(2) (45 U.S.C. 

822(h)(2)) is amended by inserting ‘‘, if applicable’’ after ‘‘project’’. 

SEC. 11610. SAVINGS PROVISIONS. 

(a) IN GENERAL.—Except as provided in subsection (b) and 

section 11607(b), this subtitle, and the amendments made by this 

subtitle, shall not affect any direct loan (or direct loan obligation) 

or an outstanding loan guarantee (or loan guarantee commitment) 

that was in effect prior to the date of enactment of this Act. 

Any such transaction entered into before the date of enactment 

of this Act shall be administered until completion under its terms 

as if this Act were not enacted. 

(b) MODIFICATION COSTS.—At the discretion of the Secretary, 

the authority to accept modification costs on behalf of an applicant 

under section 502(f) of the Railroad Revitalization and Regulatory 

Reform Act of 1976 (45 U.S.C. 822(f)), as amended by section 

11607 of this Act, may apply with respect to any direct loan (or 

direct loan obligation) or an outstanding loan guarantee (or loan 

guarantee commitment) that was in effect prior to the date of 

enactment of this Act. 

SEC. 11611. REPORT ON LEVERAGING RRIF. 

(a) IN GENERAL.—Not later than 180 days after the date of 

enactment of this Act, the Comptroller General of the United States 

shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that 

analyzes how the Railroad Rehabilitation and Improvement 

Financing Program can be used to improve passenger rail infrastructure. 

(b) REPORT CONTENTS.—The report required under subsection 

(a) shall include— 

(1) illustrative examples of projects that could be financed 

under such Program; 

(2) potential repayment sources for such projects, including 

tax-increment financing, user fees, tolls, and other dedicated 

revenue sources; and 

(3) estimated costs and benefits of using the Program relative to other options, including a comparison of the length 

45 USC 821 note. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1701 

of time such projects would likely be completed without Federal 

credit assistance. 

DIVISION B—COMPREHENSIVE TRANSPORTATION AND CONSUMER PROTECTION ACT OF 2015 

TITLE XXIV—MOTOR VEHICLE SAFETY 

Subtitle A—Vehicle Safety 

SEC. 24101. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—Subject to subsection (b), there is authorized 

to be appropriated to the Secretary to carry out chapter 301 of 

title 49, and part C of subtitle VI of title 49, United States Code, 

amounts as follows: 

(1) $132,730,000 for fiscal year 2016. 

(2) $135,517,330 for fiscal year 2017. 

(3) $138,363,194 for fiscal year 2018. 

(4) $141,268,821 for fiscal year 2019. 

(5) $144,235,466 for fiscal year 2020. 

(b) ADDITIONAL AUTHORIZATION OF APPROPRIATIONS IF A CER- TIFICATION IS MADE.— (1) IN GENERAL.—In addition to the amounts authorized 

to be appropriated under subsection (a) to carry out chapter 

301 of title 49, and part C of subtitle VI of title 49, United 

States Code, if the certification described in paragraph (2) 

is made during a fiscal year there is authorized to be appropriated to the Secretary for that purpose for that fiscal year 

and subsequent fiscal years an additional amount as follows: (A) $46,270,000 for fiscal year 2016. 

(B) $51,537,670 for fiscal year 2017. 

(C) $57,296,336 for fiscal year 2018. 

(D) $62,999,728 for fiscal year 2019. 

(E) $69,837,974 for fiscal year 2020. 

(2) CERTIFICATION DESCRIBED.—The certification described 

in this paragraph is a certification made by the Secretary 

and submitted to Congress that the National Highway Traffic 

Safety Administration has implemented all of the recommendations in the Office of Inspector General Audit Report issued 

June 18, 2015 (ST–2015–063). As part of the certification, the 

Secretary shall review the actions the National Highway Traffic 

Safety Administration has taken to implement the recommendations and issue a report to Congress detailing how 

the recommendations were implemented. The Secretary shall 

not delegate or assign the responsibility under this paragraph. 

SEC. 24102. INSPECTOR GENERAL RECOMMENDATIONS. 

(a) IN GENERAL.—Not later than 90 days after the date of 

enactment of this Act, and periodically thereafter until the completion date, the Department of Transportation Inspector General shall 

report to the appropriate committees of Congress on whether and 

what progress has been made to implement the recommendations 

in the Office of Inspector General Audit Report issued June 18, 

2015 (ST–2015–063). 


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129 STAT. 1702 PUBLIC LAW 114–94—DEC. 4, 2015 

(b) IMPLEMENTATION PROGRESS.—The Administrator of the 

National Highway Traffic Safety Administration shall— 

(1) not later than 90 days after the date of enactment 

of this Act, and periodically thereafter until the completion 

date, provide a briefing to the appropriate committees of Congress on the actions the Administrator has taken to implement 

the recommendations in the audit report described in subsection 

(a), including a plan for implementing any remaining recommendations; and 

(2) not later than 1 year after the date of enactment of 

this Act, issue a final report to the appropriate committees 

of Congress on the implementation of all of the recommendations in the audit report described in subsection (a). 

(c) DEFINITIONS.—In this section: 

(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term 

‘‘appropriate committees of Congress’’ means the Committee 

on Commerce, Science, and Transportation of the Senate and 

the Committee on Energy and Commerce of the House of Representatives. 

(2) COMPLETION DATE.—The term ‘‘completion date’’ means 

the date that the National Highway Traffic Safety Administration has implemented all of the recommendations in the Office 

of Inspector General Audit Report issued June 18, 2015 (ST– 

2015–063). 

SEC. 24103. IMPROVEMENTS IN AVAILABILITY OF RECALL INFORMATION. 

(a) VEHICLE RECALL INFORMATION.—Not later than 2 years 

after the date of enactment of this Act, the Secretary shall implement current information technology, web design trends, and best 

practices that will help ensure that motor vehicle safety recall 

information available to the public on the Federal website is readily 

accessible and easy to use, including— 

(1) by improving the organization, availability, readability, 

and functionality of the website; 

(2) by accommodating high-traffic volume; and 

(3) by establishing best practices for scheduling routine 

website maintenance. 

(b) GOVERNMENT ACCOUNTABILITY OFFICE PUBLIC AWARENESS

REPORT.— 

(1) IN GENERAL.—The Comptroller General shall study the 

current use by consumers, dealers, and manufacturers of the 

safety recall information made available to the public, including 

the usability and content of the Federal and manufacturers’ 

websites and the National Highway Traffic Safety Administration’s efforts to publicize and educate consumers about safety 

recall information. 

(2) REPORT.—Not later than 2 years after the date of enactment of this Act, the Comptroller General shall issue a report 

with the findings of the study under paragraph (1), including 

recommending any actions the Secretary can take to improve 

public awareness and use of the websites for safety recall 

information. 

(c) PROMOTION OF PUBLIC AWARENESS.—Section 31301(c) of 

the Moving Ahead for Progress in the 21st Century Act (49 U.S.C. 

30166 note) is amended to read as follows: 

49 USC 30119 

note. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1703 

‘‘(c) PROMOTION OF PUBLIC AWARENESS.—The Secretary shall 

improve public awareness of safety recall information made publicly 

available by periodically updating the method of conveying that 

information to consumers, dealers, and manufacturers, such as 

through public service announcements.’’. 

(d) CONSUMER GUIDANCE.—Not later than 1 year after the 

date of enactment of this Act, the Secretary shall make available 

to the public on the Internet detailed guidance for consumers 

submitting safety complaints, including— 

(1) a detailed explanation of what information a consumer 

should include in a complaint; and 

(2) a detailed explanation of the possible actions the 

National Highway Traffic Safety Administration can take to 

address a complaint and respond to the consumer, including 

information on— 

(A) the consumer records, such as photographs and 

police reports, that could assist with an investigation; and 

(B) the length of time a consumer should retain the 

records described in subparagraph (A). 

(e) VIN SEARCH.— 

(1) IN GENERAL.—The Secretary, in coordination with 

industry, including manufacturers and dealers, shall study— 

(A) the feasibility of searching multiple vehicle identification numbers at a time to retrieve motor vehicle safety 

recall information; and 

(B) the feasibility of making the search mechanism 

described under subparagraph (A) publicly available. 

(2) CONSIDERATIONS.—In conducting the study under paragraph (1), the Secretary shall consider the potential costs, and 

potential risks to privacy and security in implementing such 

a search mechanism. 

SEC. 24104. RECALL PROCESS. 

(a) NOTIFICATION IMPROVEMENT.— 

(1) IN GENERAL.—Not later than 270 days after the date 

of enactment of this Act, the Secretary shall prescribe a final 

rule revising the regulations under section 577.7 of title 49, 

Code of Federal Regulations, to include notification by electronic 

means in addition to notification by first class mail. 

(2) DEFINITION OF ELECTRONIC MEANS.—In this subsection, 

the term ‘‘electronic means’’ includes electronic mail and may 

include such other means of electronic notification, such as 

social media or targeted online campaigns, as determined by 

the Secretary. 

(b) NOTIFICATION BY MANUFACTURER.—Section 30118(c) of title 

49, United States Code, is amended by inserting ‘‘or electronic 

mail’’ after ‘‘certified mail’’. 

(c) RECALL COMPLETION RATES REPORT.— 

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

of enactment of this Act, and biennially thereafter for 4 years, 

the Secretary shall— 

(A) conduct an analysis of vehicle safety recall completion rates to assess potential actions by the National Highway Traffic Safety Administration to improve vehicle safety 

recall completion rates; and 

(B) submit to the Committee on Commerce, Science, 

and Transportation of the Senate and the Committee on 

49 USC 30119 

note. 


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129 STAT. 1704 PUBLIC LAW 114–94—DEC. 4, 2015 

Energy and Commerce of the House of Representatives 

a report on the results of the analysis. 

(2) CONTENTS.—Each report shall include— 

(A) the annual recall completion rate by manufacturer, 

model year, component (such as brakes, fuel systems, and 

air bags), and vehicle type (passenger car, sport utility 

vehicle, passenger van, and pick-up truck) for each of the 

5 years before the year the report is submitted; 

(B) the methods by which the Secretary has conducted 

analyses of these recall completion rates to determine 

trends and identify risk factors associated with lower recall 

rates; and 

(C) the actions the Secretary has planned to improve 

recall completion rates based on the results of this data 

analysis. 

(d) INSPECTOR GENERAL AUDIT OF VEHICLE RECALLS.— (1) IN GENERAL.—The Department of Transportation 

Inspector General shall conduct an audit of the National Highway Traffic Safety Administration’s management of vehicle 

safety recalls. 

(2) CONTENTS.—The audit shall include a determination 

of whether the National Highway Traffic Safety Administration— 

(A) appropriately monitors recalls to ensure the appropriateness of scope and adequacy of recall completion rates 

and remedies; 

(B) ensures manufacturers provide safe remedies, at 

no cost to consumers; 

(C) is capable of coordinating recall remedies and processes; and 

(D) can improve its policy on consumer notice to combat 

effects of recall fatigue. 

SEC. 24105. PILOT GRANT PROGRAM FOR STATE NOTIFICATION TO 

CONSUMERS OF MOTOR VEHICLE RECALL STATUS. 

(a) IN GENERAL.—Not later than October 1, 2016, the Secretary 

shall implement a 2-year pilot program to evaluate the feasibility 

and effectiveness of a State process for informing consumers of 

open motor vehicle recalls at the time of motor vehicle registration 

in the State. 

(b) GRANTS.—To carry out this program, the Secretary may 

make a grant to each eligible State, but not more than 6 eligible 

States in total, that agrees to comply with the requirements under 

subsection (c). Funds made available to a State under this section 

shall be used by the State for the pilot program described in 

subsection (a). 

(c) ELIGIBILITY.—To be eligible for a grant, a State shall— 

(1) submit an application in such form and manner as 

the Secretary prescribes; 

(2) agree to notify, at the time of registration, each owner 

or lessee of a motor vehicle presented for registration in the 

State of any open recall on that vehicle; 

(3) provide the open motor vehicle recall information at 

no cost to each owner or lessee of a motor vehicle presented 

for registration in the State; and 

(4) provide such other information as the Secretary may 

require. 

49 USC 30119 

note. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1705 

(d) AWARDS.—In selecting an applicant for an award under 

this section, the Secretary shall consider the State’s methodology 

for determining open recalls on a motor vehicle, for informing 

consumers of the open recalls, and for determining performance. 

(e) PERFORMANCE PERIOD.—Each grant awarded under this 

section shall require a 2-year performance period. 

(f) REPORT.—Not later than 90 days after the completion of 

the performance period under subsection (e), a grantee shall provide 

to the Secretary a report of performance containing such information as the Secretary considers necessary to evaluate the extent 

to which open recalls have been remedied. 

(g) EVALUATION.—Not later than 180 days after the completion 

of the pilot program, the Secretary shall evaluate the extent to 

which open recalls identified have been remedied. 

(h) DEFINITIONS.—In this section: 

(1) CONSUMER.—The term ‘‘consumer’’ includes owner and 

lessee. 

(2) MOTOR VEHICLE.—The term ‘‘motor vehicle’’ has the 

meaning given the term under section 30102(a) of title 49, 

United States Code. 

(3) OPEN RECALL.—The term ‘‘open recall’’ means a recall 

for which a notification by a manufacturer has been provided 

under section 30119 of title 49, United States Code, and that 

has not been remedied under section 30120 of that title. 

(4) REGISTRATION.—The term ‘‘registration’’ means the 

process for registering motor vehicles in the State. 

(5) STATE.—The term ‘‘State’’ has the meaning given the 

term under section 101(a) of title 23, United States Code. 

SEC. 24106. RECALL OBLIGATIONS UNDER BANKRUPTCY. 

Section 30120A of title 49, United States Code, is amended 

by striking ‘‘chapter 11 of title 11,’’ and inserting ‘‘chapter 7 or 

chapter 11 of title 11’’. 

SEC. 24107. DEALER REQUIREMENT TO CHECK FOR OPEN RECALL. 

Section 30120(f) of title 49, United States Code, is amended— 

(1) by inserting ‘‘(1) IN GENERAL. A manufacturer’’ and 

indenting appropriately; 

(2) in paragraph (1), as redesignated, by striking the period 

at the end and inserting the following: ‘‘if— 

‘‘(A) at the time of providing service for each of the 

manufacturer’s motor vehicles it services, the dealer notifies the owner or the individual requesting the service 

of any open recall; and 

‘‘(B) the notification requirement under subparagraph 

(A) is specified in a franchise, operating, or other agreement 

between the dealer and the manufacturer.’’; and 

(3) by adding at the end the following: 

‘‘(2) DEFINITION OF OPEN RECALL.—In this subsection, the 

term ‘open recall’ means a recall for which a notification by 

a manufacturer has been provided under section 30119 and 

that has not been remedied under this section.’’. 

SEC. 24108. EXTENSION OF TIME PERIOD FOR REMEDY OF TIRE 

DEFECTS. 

Section 30120(b) of title 49, United States Code, is amended— 

(1) in paragraph (1), by striking ‘‘60 days’’ and inserting 

‘‘180 days’’; and 


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129 STAT. 1706 PUBLIC LAW 114–94—DEC. 4, 2015 

(2) in paragraph (2), by striking ‘‘60-day’’ each place it 

appears and inserting ‘‘180-day’’. 

SEC. 24109. RENTAL CAR SAFETY. 

(a) SHORT TITLE.—This section may be cited as the ‘‘Raechel 

and Jacqueline Houck Safe Rental Car Act of 2015’’. 

(b) DEFINITIONS.—Section 30102(a) of title 49, United States 

Code, is amended— 

(1) by redesignating paragraphs (10) and (11) as paragraphs 

(12) and (13), respectively; 

(2) by redesignating paragraphs (1) through (9) as paragraphs (2) through (10), respectively; 

(3) by inserting before paragraph (2), as redesignated, the 

following: 

‘‘(1) ‘covered rental vehicle’ means a motor vehicle that— 

‘‘(A) has a gross vehicle weight rating of 10,000 pounds 

or less; 

‘‘(B) is rented without a driver for an initial term 

of less than 4 months; and 

‘‘(C) is part of a motor vehicle fleet of 35 or more 

motor vehicles that are used for rental purposes by a 

rental company.’’; and 

(4) by inserting after paragraph (10), as redesignated, the 

following: 

‘‘(11) ‘rental company’ means a person who— 

‘‘(A) is engaged in the business of renting covered 

rental vehicles; and 

‘‘(B) uses for rental purposes a motor vehicle fleet 

of 35 or more covered rental vehicles, on average, during 

the calendar year.’’. 

(c) REMEDIES FOR DEFECTS AND NONCOMPLIANCE.—Section 

30120(i) of title 49, United States Code, is amended— 

(1) in the subsection heading, by adding ‘‘, OR RENTAL’’ 

at the end; 

(2) in paragraph (1)— 

(A) by striking ‘‘(1) If notification’’ and inserting the 

following: 

‘‘(1) IN GENERAL.—If notification’’; 

(B) by indenting subparagraphs (A) and (B) four ems 

from the left margin; 

(C) by inserting ‘‘or the manufacturer has provided 

to a rental company notification about a covered rental 

vehicle in the company’s possession at the time of notification’’ after ‘‘time of notification’’; 

(D) by striking ‘‘the dealer may sell or lease,’’ and 

inserting ‘‘the dealer or rental company may sell, lease, 

or rent’’; and 

(E) in subparagraph (A), by striking ‘‘sale or lease’’ 

and inserting ‘‘sale, lease, or rental agreement’’; 

(3) by amending paragraph (2) to read as follows: 

‘‘(2) RULE OF CONSTRUCTION.—Nothing in this subsection 

may be construed to prohibit a dealer or rental company from 

offering the vehicle or equipment for sale, lease, or rent.’’; 

and 

(4) by adding at the end the following: 

‘‘(3) SPECIFIC RULES FOR RENTAL COMPANIES.— 

49 USC 30101 

note. 

Raechel and 

Jacqueline Houck 

Safe Rental Car 

Act of 2015. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1707 

‘‘(A) IN GENERAL.—Except as otherwise provided under 

this paragraph, a rental company shall comply with the 

limitations on sale, lease, or rental set forth in subparagraph (C) and paragraph (1) as soon as practicable, but 

not later than 24 hours after the earliest receipt of the 

notice to owner under subsection (b) or (c) of section 30118 

(including the vehicle identification number for the covered 

vehicle) by the rental company, whether by electronic 

means or first class mail. 

‘‘(B) SPECIAL RULE FOR LARGE VEHICLE FLEETS.—Notwithstanding subparagraph (A), if a rental company 

receives a notice to owner covering more than 5,000 motor 

vehicles in its fleet, the rental company shall comply with 

the limitations on sale, lease, or rental set forth in subparagraph (C) and paragraph (1) as soon as practicable, but 

not later than 48 hours after the earliest receipt of the 

notice to owner under subsection (b) or (c) of section 30118 

(including the vehicle identification number for the covered 

vehicle) by the rental company, whether by electronic 

means or first class mail. 

‘‘(C) SPECIAL RULE FOR WHEN REMEDIES NOT IMMEDIATELY AVAILABLE.—If a notification required under subsection (b) or (c) of section 30118 indicates that the remedy 

for the defect or noncompliance is not immediately available 

and specifies actions to temporarily alter the vehicle that 

eliminate the safety risk posed by the defect or noncompliance, the rental company, after causing the specified 

actions to be performed, may rent (but may not sell or 

lease) the motor vehicle. Once the remedy for the rental 

vehicle becomes available to the rental company, the rental 

company may not rent the vehicle until the vehicle has 

been remedied, as provided in subsection (a). 

‘‘(D) INAPPLICABILITY TO JUNK AUTOMOBILES.—Notwithstanding paragraph (1), this subsection does not prohibit 

a rental company from selling a covered rental vehicle 

if such vehicle— 

‘‘(i) meets the definition of a junk automobile under 

section 201 of the Anti-Car Theft Act of 1992 (49 

U.S.C. 30501); 

‘‘(ii) is retitled as a junk automobile pursuant to 

applicable State law; and 

‘‘(iii) is reported to the National Motor Vehicle 

Information System, if required under section 204 of 

such Act (49 U.S.C. 30504).’’. 

(d) MAKING SAFETY DEVICES AND ELEMENTS INOPERATIVE.— 

Section 30122(b) of title 49, United States Code, is amended by 

inserting ‘‘rental company,’’ after ‘‘dealer,’’ each place such term 

appears. 

(e) INSPECTIONS, INVESTIGATIONS, AND RECORDS.—Section 

30166 of title 49, United States Code, is amended— 

(1) in subsection (c)(2), by striking ‘‘or dealer’’ each place 

such term appears and inserting ‘‘dealer, or rental company’’; 

(2) in subsection (e), by striking ‘‘or dealer’’ each place 

such term appears and inserting ‘‘dealer, or rental company’’; 

and 

(3) in subsection (f), by striking ‘‘or to owners’’ and inserting 

‘‘, rental companies, or other owners’’. 


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129 STAT. 1708 PUBLIC LAW 114–94—DEC. 4, 2015 

(f) RESEARCH AUTHORITY.—The Secretary of Transportation 

may conduct a study of— 

(1) the effectiveness of the amendments made by this section; and 

(2) other activities of rental companies (as defined in section 

30102(a)(11) of title 49, United States Code) related to their 

use and disposition of motor vehicles that are the subject of 

a notification required under section 30118 of title 49, United 

States Code. 

(g) STUDY.— (1) ADDITIONAL REQUIREMENT.—Section 32206(b)(2) of the 

Moving Ahead for Progress in the 21st Century Act (Public 

Law 112–141; 126 Stat. 785) is amended— 

(A) in subparagraph (E), by striking ‘‘and’’ at the end; 

(B) by redesignating subparagraph (F) as subparagraph 

(G); and 

(C) by inserting after subparagraph (E) the following: 

‘‘(F) evaluate the completion of safety recall remedies 

on rental trucks; and’’. 

(2) REPORT.—Section 32206(c) of such Act is amended— 

(A) in paragraph (1), by striking ‘‘subsection (b)’’ and 

inserting ‘‘subparagraphs (A) through (E) and (G) of subsection (b)(2)’’; 

(B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; 

(C) by striking ‘‘REPORT. Not later’’ and inserting the 

following: 

‘‘(c) REPORTS.— 

‘‘(1) INITIAL REPORT.—Not later’’; and 

(D) by adding at the end the following: 

‘‘(2) SAFETY RECALL REMEDY REPORT.—Not later than 1 

year after the date of the enactment of the ‘Raechel and Jacqueline Houck Safe Rental Car Act of 2015’, the Secretary 

shall submit a report to the congressional committees set forth 

in paragraph (1) that contains— 

‘‘(A) the findings of the study conducted pursuant to 

subsection (b)(2)(F); and 

‘‘(B) any recommendations for legislation that the Secretary determines to be appropriate.’’. 

(h) PUBLIC COMMENTS.—The Secretary shall solicit comments 

regarding the implementation of this section from members of the 

public, including rental companies, consumer organizations, automobile manufacturers, and automobile dealers. 

(i) RULE OF CONSTRUCTION.—Nothing in this section or the 

amendments made by this section— 

(1) may be construed to create or increase any liability, 

including for loss of use, for a manufacturer as a result of 

having manufactured or imported a motor vehicle subject to 

a notification of defect or noncompliance under subsection (b) 

or (c) of section 30118 of title 49, United States Code; or 

(2) shall supersede or otherwise affect the contractual 

obligations, if any, between such a manufacturer and a rental 

company (as defined in section 30102(a) of title 49, United 

States Code). 

(j) RULEMAKING.—The Secretary may promulgate rules, as 

appropriate, to implement this section and the amendments made 

by this section. 

49 USC 30102 

note. 

49 USC 30102 

note. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1709 

(k) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on the date that is 180 days after the date of 

enactment of this Act. 

SEC. 24110. INCREASE IN CIVIL PENALTIES FOR VIOLATIONS OF 

MOTOR VEHICLE SAFETY. 

(a) INCREASE IN CIVIL PENALTIES.—Section 30165(a) of title 

49, United States Code, is amended— 

(1) in paragraph (1)— 

(A) by striking ‘‘$5,000’’ and inserting ‘‘$21,000’’; and 

(B) by striking ‘‘$35,000,000’’ and inserting 

‘‘$105,000,000’’; and 

(2) in paragraph (3)— 

(A) by striking ‘‘$5,000’’ and inserting ‘‘$21,000’’; and 

(B) by striking ‘‘$35,000,000’’ and inserting 

‘‘$105,000,000’’. 

(b) EFFECTIVE DATE.—The amendments made by subsection 

(a) of this section take effect on the date that the Secretary certifies 

to Congress that the National Highway Traffic Safety Administration has issued the final rule required by section 31203(b) of the 

Moving Ahead for Progress In the 21st Century Act (Public Law 

112–141; 126 Stat. 758; 49 U.S.C. 30165 note). 

(c) PUBLICATION OF EFFECTIVE DATE.—The Secretary shall publish notice of the effective date under subsection (b) of this section 

in the Federal Register. 

SEC. 24111. ELECTRONIC ODOMETER DISCLOSURES. 

Section 32705(g) of title 49, United States Code, is amended— 

(1) by inserting ‘‘(1)’’ before ‘‘Not later than’’ and indenting 

appropriately; and 

(2) by adding at the end the following: 

‘‘(2) Notwithstanding paragraph (1) and subject to paragraph (3), a State, without approval from the Secretary under 

subsection (d), may allow for written disclosures or notices 

and related matters to be provided electronically if— 

‘‘(A) in compliance with— 

‘‘(i) the requirements of subchapter 1 of chapter 

96 of title 15; or 

‘‘(ii) the requirements of a State law under section 

7002(a) of title 15; and 

‘‘(B) the disclosures or notices otherwise meet the 

requirements under this section, including appropriate 

authentication and security measures. 

‘‘(3) Paragraph (2) ceases to be effective on the date the 

regulations under paragraph (1) become effective.’’. 

SEC. 24112. CORPORATE RESPONSIBILITY FOR NHTSA REPORTS. 

Section 30166(o) of title 49, United States Code, is amended— 

(1) in paragraph (1), by striking ‘‘may’’ and inserting ‘‘shall’’; 

and 

(2) by adding at the end the following: 

‘‘(3) DEADLINE.—Not later than 1 year after the date of 

enactment of the Comprehensive Transportation and Consumer 

Protection Act of 2015, the Secretary shall issue a final rule 

under paragraph (1).’’. 

49 USC 30165 

note. 

49 USC 30102 

note. 


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129 STAT. 1710 PUBLIC LAW 114–94—DEC. 4, 2015 

SEC. 24113. DIRECT VEHICLE NOTIFICATION OF RECALLS. 

(a) RECALL NOTIFICATION REPORT.—Not later than 1 year after 

the date of enactment of this Act, the Secretary shall issue a 

report on the feasibility of a technical system that would operate 

in each new motor vehicle to indicate when the vehicle is subject 

to an open recall. 

(b) DEFINITION OF OPEN RECALL.—In this section the term 

‘‘open recall’’ means a recall for which a notification by a manufacturer has been provided under section 30119 of title 49, United 

States Code, and that has not been remedied under section 30120 

of that title. 

SEC. 24114. UNATTENDED CHILDREN WARNING. 

Section 31504(a) of the Moving Ahead for Progress in the 21st 

Century Act (49 U.S.C. 30111 note) is amended by striking ‘‘may’’ 

and inserting ‘‘shall’’. 

SEC. 24115. TIRE PRESSURE MONITORING SYSTEM. 

(a) PROPOSED RULE.—Not later than 1 year after the date 

of enactment of this Act, the Secretary shall publish a proposed 

rule that— 

(1) updates the standards pertaining to tire pressure monitoring systems to ensure that a tire pressure monitoring system 

that is installed in a new motor vehicle after the effective 

date of such updated standards cannot be overridden, reset, 

or recalibrated in such a way that the system will no longer 

detect when the inflation pressure in one or more of the vehicle’s 

tires has fallen to or below a significantly underinflated pressure level; and 

(2) does not contain any provision that has the effect of 

prohibiting the availability of direct or indirect tire pressure 

monitoring systems that meet the requirements of the standards updated pursuant to paragraph (1). 

(b) FINAL RULE.—Not later than 2 years after the date of 

enactment of this Act, after providing the public with sufficient 

opportunity for notice and comment on the proposed rule published 

pursuant to subsection (a), the Secretary shall issue a final rule 

based on the proposed rule described in subsection (a) that— 

(1) allows a manufacturer to install a tire pressure monitoring system that can be reset or recalibrated to accommodate— 

(A) the repositioning of tire sensor locations on vehicles 

with split inflation pressure recommendations; 

(B) tire rotation; or 

(C) replacement tires or wheels of a different size than 

the original equipment tires or wheels; and 

(2) to address the accommodations described in subparagraphs (A), (B), and (C) of paragraph (1), ensures that a tire 

pressure monitoring system that is reset or recalibrated 

according to the manufacturer’s instructions would illuminate 

the low tire pressure warning telltale when a tire is significantly underinflated until the tire is no longer significantly 

underinflated. 

(c) SIGNIFICANTLY UNDERINFLATED PRESSURE LEVEL

DEFINED.—In this section, the term ‘‘significantly underinflated 

pressure level’’ means a pressure level that is— 

49 USC 30123 

note. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1711 

(1) below the level at which the low tire pressure warning 

telltale must illuminate, consistent with the TPMS detection 

requirements contained in S4.2(a) of section 571.138 of title 

49, Code of Federal Regulations, or any corresponding similar 

or successor regulation or ruling (as determined by the Secretary); and 

(2) in the case of a replacement wheel or tire, below the 

recommended cold inflation pressure of the wheel or tire manufacturer. 

SEC. 24116. INFORMATION REGARDING COMPONENTS INVOLVED IN 

RECALL. 

Section 30119 of title 49, United States Code, is amended 

by adding at the end the following: 

‘‘(g) INFORMATION REGARDING COMPONENTS INVOLVED IN

RECALL.—A manufacturer that is required to furnish a report under 

section 573.6 of title 49, Code of Federal Regulations (or any successor regulation) for a defect or noncompliance in a motor vehicle 

or in an item of original or replacement equipment shall, if such 

defect or noncompliance involves a specific component or components, include in such report, with respect to such component or 

components, the following information: 

‘‘(1) The name of the component or components. 

‘‘(2) A description of the component or components. 

‘‘(3) The part number of the component or components, 

if any.’’. 

Subtitle B—Research And Development 

And Vehicle Electronics 

SEC. 24201. REPORT ON OPERATIONS OF THE COUNCIL FOR VEHICLE 

ELECTRONICS, VEHICLE SOFTWARE, AND EMERGING 

TECHNOLOGIES. 

Not later than 1 year after the date of enactment of this 

Act, the Secretary shall submit to the Committee on Commerce, 

Science, and Transportation of the Senate and the Committee on 

Energy and Commerce of the House of Representatives a report 

regarding the operations of the Council for Vehicle Electronics, 

Vehicle Software, and Emerging Technologies established under 

section 31401 of the Moving Ahead for Progress in the 21st Century 

Act (49 U.S.C. 105 note). The report shall include information 

about the accomplishments of the Council, the role of the Council 

in integrating and aggregating electronic and emerging technologies 

expertise across the National Highway Traffic Safety Administration, the role of the Council in coordinating with other Federal 

agencies, and the priorities of the Council over the next 5 years. 

SEC. 24202. COOPERATION WITH FOREIGN GOVERNMENTS. 

(a) TITLE 49 AMENDMENT.—Section 30182(b) of title 49, United 

States Code, is amended— 

(1) in paragraph (4), by striking ‘‘; and’’ and inserting 

a semicolon; 

(2) in paragraph (5), by striking the period at the end 

and inserting ‘‘; and’’; and 

(3) by inserting after paragraph (5) the following: 


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129 STAT. 1712 PUBLIC LAW 114–94—DEC. 4, 2015 

‘‘(6) in coordination with Department of State, enter into 

cooperative agreements and collaborative research and development agreements with foreign governments.’’. 

(b) TITLE 23 AMENDMENT.—Section 403 of title 23, United 

States Code, is amended— 

(1) in subsection (b)(2)(C), by inserting ‘‘foreign government 

(in coordination with the Department of State)’’ after ‘‘institution,’’; and 

(2) in subsection (c)(1)(A), by inserting ‘‘foreign governments,’’ after ‘‘local governments,’’. 

(c) AUDIT.—The Department of Transportation Inspector General shall conduct an audit of the Secretary of Transportation’s 

management and oversight of cooperative agreements and collaborative research and development agreements, including any cooperative agreements between the Secretary of Transportation and foreign governments under section 30182(b)(6) of title 49, United 

States Code, and subsections (b)(2)(C) and (c)(1)(A) of title 23, 

United States Code. 

Subtitle C—Miscellaneous Provisions 

PART I—DRIVER PRIVACY ACT OF 2015 

SEC. 24301. SHORT TITLE. 

This part may be cited as the ‘‘Driver Privacy Act of 2015’’. 

SEC. 24302. LIMITATIONS ON DATA RETRIEVAL FROM VEHICLE EVENT 

DATA RECORDERS. 

(a) OWNERSHIP OF DATA.—Any data retained by an event data 

recorder (as defined in section 563.5 of title 49, Code of Federal 

Regulations), regardless of when the motor vehicle in which it 

is installed was manufactured, is the property of the owner, or, 

in the case of a leased vehicle, the lessee of the motor vehicle 

in which the event data recorder is installed. 

(b) PRIVACY.—Data recorded or transmitted by an event data 

recorder described in subsection (a) may not be accessed by a 

person other than an owner or a lessee of the motor vehicle in 

which the event data recorder is installed unless— 

(1) a court or other judicial or administrative authority 

having jurisdiction— 

(A) authorizes the retrieval of the data; and 

(B) to the extent that there is retrieved data, the 

data is subject to the standards for admission into evidence 

required by that court or other administrative authority; 

(2) an owner or a lessee of the motor vehicle provides 

written, electronic, or recorded audio consent to the retrieval 

of the data for any purpose, including the purpose of diagnosing, 

servicing, or repairing the motor vehicle, or by agreeing to 

a subscription that describes how data will be retrieved and 

used; 

(3) the data is retrieved pursuant to an investigation or 

inspection authorized under section 1131(a) or 30166 of title 

49, United States Code, and the personally identifiable information of an owner or a lessee of the vehicle and the vehicle 

identification number is not disclosed in connection with the 

retrieved data, except that the vehicle identification number 

may be disclosed to the certifying manufacturer; 

49 USC 30101 

note. 

49 USC 30101 

note. 

Driver Privacy 

Act of 2015. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1713 

(4) the data is retrieved for the purpose of determining 

the need for, or facilitating, emergency medical response in 

response to a motor vehicle crash; or 

(5) the data is retrieved for traffic safety research, and 

the personally identifiable information of an owner or a lessee 

of the vehicle and the vehicle identification number is not 

disclosed in connection with the retrieved data. 

SEC. 24303. VEHICLE EVENT DATA RECORDER STUDY. 

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Administrator of the National Highway Traffic 

Safety Administration shall submit to Congress a report that contains the results of a study conducted by the Administrator to 

determine the amount of time event data recorders installed in 

passenger motor vehicles should capture and record for retrieval 

vehicle-related data in conjunction with an event in order to provide 

sufficient information to investigate the cause of motor vehicle 

crashes. 

(b) RULEMAKING.—Not later than 2 years after submitting the 

report required under subsection (a), the Administrator of the 

National Highway Traffic Safety Administration shall promulgate 

regulations to establish the appropriate period during which event 

data recorders installed in passenger motor vehicles may capture 

and record for retrieval vehicle-related data to the time necessary 

to provide accident investigators with vehicle-related information 

pertinent to crashes involving such motor vehicles. 

PART II—SAFETY THROUGH INFORMED 

CONSUMERS ACT OF 2015 

SEC. 24321. SHORT TITLE. 

This part may be cited as the ‘‘Safety Through Informed Consumers Act of 2015’’. 

SEC. 24322. PASSENGER MOTOR VEHICLE INFORMATION. 

Section 32302 of title 49, United States Code, is amended 

by inserting after subsection (b) the following: 

‘‘(c) CRASH AVOIDANCE.—Not later than 1 year after the date 

of enactment of the Safety Through Informed Consumers Act of 

2015, the Secretary shall promulgate a rule to ensure that crash 

avoidance information is indicated next to crashworthiness information on stickers placed on motor vehicles by their manufacturers.’’. 

PART III—TIRE EFFICIENCY, SAFETY, AND 

REGISTRATION ACT OF 2015 

SEC. 24331. SHORT TITLE. 

This part may be cited as the ‘‘Tire Efficiency, Safety, and 

Registration Act of 2015’’ or the ‘‘TESR Act’’. 

SEC. 24332. TIRE FUEL EFFICIENCY MINIMUM PERFORMANCE STANDARDS. 

Section 32304A of title 49, United States Code, is amended— 

(1) in the section heading, by inserting ‘‘AND STANDARDS’’ after ‘‘CONSUMER TIRE INFORMATION’’; 

(2) in subsection (a)— 

49 USC 30101 

note. 

Tire Efficiency, 

Safety, and 

Registration Act 

of 2015. 

49 USC 30101 

note. 

Safety Through 

Informed 

Consumers Act of 

2015. 

49 USC 30101 

note. 


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129 STAT. 1714 PUBLIC LAW 114–94—DEC. 4, 2015 

(A) in the heading, by striking ‘‘Rulemaking’’ and 

inserting ‘‘Consumer Tire Information’’; and 

(B) in paragraph (1), by inserting ‘‘(referred to in this 

section as the ‘Secretary’)’’ after ‘‘Secretary of Transportation’’; 

(3) by redesignating subsections (b) through (e) as subsections (e) though (h), respectively; and 

(4) by inserting after subsection (a) the following: 

‘‘(b) PROMULGATION OF REGULATIONS FOR TIRE FUEL EFFICIENCY MINIMUM PERFORMANCE STANDARDS.— 

‘‘(1) IN GENERAL.—The Secretary, after consultation with 

the Secretary of Energy and the Administrator of the Environmental Protection Agency, shall promulgate regulations for tire 

fuel efficiency minimum performance standards for— 

‘‘(A) passenger car tires with a maximum speed capability equal to or less than 149 miles per hour or 240 

kilometers per hour; and 

‘‘(B) passenger car tires with a maximum speed capability greater than 149 miles per hour or 240 kilometers 

per hour. 

‘‘(2) TIRE FUEL EFFICIENCY MINIMUM PERFORMANCE STANDARDS.— 

‘‘(A) STANDARD BASIS AND TEST PROCEDURES.—The minimum performance standards promulgated under paragraph (1) shall be expressed in terms of the rolling resistance coefficient measured using the test procedure specified 

in section 575.106 of title 49, Code of Federal Regulations 

(as in effect on the date of enactment of this Act). 

‘‘(B) NO DISPARATE EFFECT ON HIGH PERFORMANCE

TIRES.—The Secretary shall ensure that the minimum 

performance standards promulgated under paragraph (1) 

will not have a disproportionate effect on passenger car 

high performance tires with a maximum speed capability 

greater than 149 miles per hour or 240 kilometers per 

hour. 

‘‘(C) APPLICABILITY.— 

‘‘(i) IN GENERAL.—This subsection applies to new 

pneumatic tires for use on passenger cars. 

‘‘(ii) EXCEPTIONS.—This subsection does not apply 

to light truck tires, deep tread tires, winter-type snow 

tires, space-saver or temporary use spare tires, or tires 

with nominal rim diameters of 12 inches or less. 

‘‘(c) PROMULGATION OF REGULATIONS FOR TIRE WET TRACTION

MINIMUM PERFORMANCE STANDARDS.— 

‘‘(1) IN GENERAL.—The Secretary shall promulgate regulations for tire wet traction minimum performance standards 

to ensure that passenger tire wet traction capability is not 

reduced to achieve improved tire fuel efficiency. 

‘‘(2) TIRE WET TRACTION MINIMUM PERFORMANCE STANDARDS.— 

‘‘(A) BASIS OF STANDARD.—The minimum performance 

standards promulgated under paragraph (1) shall be 

expressed in terms of peak coefficient of friction. 

‘‘(B) TEST PROCEDURES.—Any test procedure promulgated under this subsection shall be consistent with any 

test procedure promulgated under subsection (a). 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1715 

‘‘(C) BENCHMARKING.—The Secretary shall conduct 

testing to benchmark the wet traction performance of tire 

models available for sale in the United States as of the 

date of enactment of this Act to ensure that the minimum 

performance standards promulgated under paragraph (1) 

are tailored to— 

‘‘(i) tires sold in the United States; and 

‘‘(ii) the needs of consumers in the United States. 

‘‘(D) APPLICABILITY.— 

‘‘(i) IN GENERAL.—This subsection applies to new 

pneumatic tires for use on passenger cars. 

‘‘(ii) EXCEPTIONS.—This subsection does not apply 

to light truck tires, deep tread tires, winter-type snow 

tires, space-saver or temporary use spare tires, or tires 

with nominal rim diameters of 12 inches or less. 

‘‘(d) COORDINATION AMONG REGULATIONS.— 

‘‘(1) COMPATIBILITY.—The Secretary shall ensure that the 

test procedures and requirements promulgated under subsections (a), (b), and (c) are compatible and consistent. 

‘‘(2) COMBINED EFFECT OF RULES.—The Secretary shall 

evaluate the regulations promulgated under subsections (b) 

and (c) to ensure that compliance with the minimum performance standards promulgated under subsection (b) will not 

diminish wet traction performance of affected tires. 

‘‘(3) RULEMAKING DEADLINES.—The Secretary shall promulgate— 

‘‘(A) the regulations under subsections (b) and (c) not 

later than 24 months after the date of enactment of this 

Act; and 

‘‘(B) the regulations under subsection (c) not later than 

the date of promulgation of the regulations under subsection (b).’’. 

SEC. 24333. TIRE REGISTRATION BY INDEPENDENT SELLERS. 

Paragraph (3) of section 30117(b) of title 49, United States 

Code, is amended to read as follows: 

‘‘(3) RULEMAKING.— 

‘‘(A) IN GENERAL.—The Secretary shall initiate a rulemaking to require a distributor or dealer of tires that 

is not owned or controlled by a manufacturer of tires to 

maintain records of— 

‘‘(i) the name and address of tire purchasers and 

lessors; 

‘‘(ii) information identifying the tire that was purchased or leased; and 

‘‘(iii) any additional records the Secretary considers 

appropriate. 

‘‘(B) ELECTRONIC TRANSMISSION.—The rulemaking carried out under subparagraph (A) shall require a distributor 

or dealer of tires that is not owned or controlled by a 

manufacturer of tires to electronically transmit the records 

described in clauses (i), (ii), and (iii) of subparagraph (A) 

to the manufacturer of the tires or the designee of the 

manufacturer by secure means at no cost to tire purchasers 

or lessors. 


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129 STAT. 1716 PUBLIC LAW 114–94—DEC. 4, 2015 

‘‘(C) SATISFACTION OF REQUIREMENTS.—A regulation 

promulgated under subparagraph (A) may be considered 

to satisfy the requirements of paragraph (2)(B).’’. 

SEC. 24334. TIRE IDENTIFICATION STUDY AND REPORT. 

(a) STUDY.—The Secretary shall conduct a study to examine 

the feasibility of requiring all manufacturers of tires subject to 

section 30117(b) of title 49, United States Code, to— 

(1) include electronic identification on every tire that 

reflects all of the information currently required in the tire 

identification number; and 

(2) ensure that the same type and format of electronic 

information technology is used on all tires. 

(b) REPORT.—The Secretary shall submit to the Committee 

on Commerce, Science, and Transportation of the Senate and the 

Committee on Energy and Commerce of the House of Representatives a report on the results of the study required by paragraph 

(1). 

SEC. 24335. TIRE RECALL DATABASE. 

(a) IN GENERAL.—The Secretary shall establish a publicly available and searchable electronic database of tire recall information 

that is reported to the Administrator of the National Highway 

Traffic Safety Administration. 

(b) TIRE IDENTIFICATION NUMBER.—The database established 

under subsection (a) shall be searchable by Tire Identification 

Number (TIN) and any other criteria that assists consumers in 

determining whether a tire is subject to a recall. 

PART IV—ALTERNATIVE FUEL VEHICLES 

SEC. 24341. REGULATORY PARITY FOR NATURAL GAS VEHICLES. 

The Administrator of the Environmental Protection Agency 

shall revise the regulations issued in sections 600.510-12(c)(2)(vi) 

and 600.510-12(c)(2) (vii)(A) of title 40, Code of Federal Regulations, 

to replace references to the year ‘‘2019’’ with the year ‘‘2016’’. 

PART V—MOTOR VEHICLE SAFETY 

WHISTLEBLOWER ACT 

SEC. 24351. SHORT TITLE. 

This part may be cited as the ‘‘Motor Vehicle Safety Whistleblower Act’’. 

SEC. 24352. MOTOR VEHICLE SAFETY WHISTLEBLOWER INCENTIVES 

AND PROTECTIONS. 

(a) IN GENERAL.—Subchapter IV of chapter 301 of title 49, 

United States Code, is amended by adding at the end the following: 

‘‘§ 30172. Whistleblower incentives and protections 

‘‘(a) DEFINITIONS.—In this section: 

‘‘(1) COVERED ACTION.—The term ‘covered action’ means 

any administrative or judicial action, including any related 

administrative or judicial action, brought by the Secretary or 

the Attorney General under this chapter that in the aggregate 

results in monetary sanctions exceeding $1,000,000. 

49 USC 30172 

note. 

49 USC 30101 

note. 

Motor Vehicle 

Safety 

Whistleblower 

Act. 

49 USC 30119 

note. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1717 

‘‘(2) MONETARY SANCTIONS.—The term ‘monetary sanctions’ 

means monies, including penalties and interest, ordered or 

agreed to be paid. 

‘‘(3) ORIGINAL INFORMATION.—The term ‘original information’ means information that— 

‘‘(A) is derived from the independent knowledge or 

analysis of an individual; 

‘‘(B) is not known to the Secretary from any other 

source, unless the individual is the original source of the 

information; and 

‘‘(C) is not exclusively derived from an allegation made 

in a judicial or an administrative action, in a governmental 

report, a hearing, an audit, or an investigation, or from 

the news media, unless the individual is a source of the 

information. 

‘‘(4) PART SUPPLIER.—The term ‘part supplier’ means a 

manufacturer of motor vehicle equipment. 

‘‘(5) SUCCESSFUL RESOLUTION.—The term ‘successful resolution’, with respect to a covered action, includes any settlement 

or adjudication of the covered action. 

‘‘(6) WHISTLEBLOWER.—The term ‘whistleblower’ means any 

employee or contractor of a motor vehicle manufacturer, part 

supplier, or dealership who voluntarily provides to the Secretary original information relating to any motor vehicle defect, 

noncompliance, or any violation or alleged violation of any 

notification or reporting requirement of this chapter, which 

is likely to cause unreasonable risk of death or serious physical 

injury. 

‘‘(b) AWARDS.— 

‘‘(1) IN GENERAL.—If the original information that a whistleblower provided to the Secretary leads to the successful resolution of a covered action, the Secretary, subject to subsection 

(c), may pay an award or awards to one or more whistleblowers 

in an aggregate amount of— 

‘‘(A) not less than 10 percent, in total, of collected 

monetary sanctions; and 

‘‘(B) not more than 30 percent, in total, of collected 

monetary sanctions. 

‘‘(2) PAYMENT OF AWARDS.—Any amount payable under 

paragraph (1) shall be paid from the monetary sanctions collected, and any monetary sanctions so collected shall be available for such payment. 

‘‘(c) DETERMINATION OF AWARDS; DENIAL OF AWARDS.— 

‘‘(1) DETERMINATION OF AWARDS.— 

‘‘(A) DISCRETION.—The determination of whether, to 

whom, or in what amount to make an award shall be 

in the discretion of the Secretary subject to the provisions 

in subsection (b)(1). 

‘‘(B) CRITERIA.—In determining an award made under 

subsection (b), the Secretary shall take into consideration— 

‘‘(i) if appropriate, whether a whistleblower 

reported or attempted to report the information 

internally to an applicable motor vehicle manufacturer, 

part supplier, or dealership; 

‘‘(ii) the significance of the original information 

provided by the whistleblower to the successful resolution of the covered action; 


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129 STAT. 1718 PUBLIC LAW 114–94—DEC. 4, 2015 

‘‘(iii) the degree of assistance provided by the 

whistleblower and any legal representative of the 

whistleblower in the covered action; and 

‘‘(iv) such additional factors as the Secretary considers relevant. 

‘‘(2) DENIAL OF AWARDS.—No award under subsection (b) 

shall be made— 

‘‘(A) to any whistleblower who is convicted of a criminal 

violation related to the covered action for which the whistleblower otherwise could receive an award under this section; 

‘‘(B) to any whistleblower who, acting without direction 

from an applicable motor vehicle manufacturer, part supplier, or dealership, or agent thereof, deliberately causes 

or substantially contributes to the alleged violation of a 

requirement of this chapter; 

‘‘(C) to any whistleblower who submits information 

to the Secretary that is based on the facts underlying 

the covered action submitted previously by another whistleblower; 

‘‘(D) to any whistleblower who fails to provide the 

original information to the Secretary in such form as the 

Secretary may require by regulation; or 

‘‘(E) if the applicable motor vehicle manufacturer, parts 

supplier, or dealership has an internal reporting mechanism in place to protect employees from retaliation, to 

any whistleblower who fails to report or attempt to report 

the information internally through such mechanism, 

unless— 

‘‘(i) the whistleblower reasonably believed that 

such an internal report would have resulted in retaliation, notwithstanding section 30171(a); 

‘‘(ii) the whistleblower reasonably believed that the 

information— 

‘‘(I) was already internally reported; 

‘‘(II) was already subject to or part of an 

internal inquiry or investigation; or 

‘‘(III) was otherwise already known to the 

motor vehicle manufacturer, part supplier, or 

dealership; or 

‘‘(iii) the Secretary has good cause to waive this 

requirement. 

‘‘(d) REPRESENTATION.—A whistleblower may be represented 

by counsel. 

‘‘(e) NO CONTRACT NECESSARY.—No contract with the Secretary 

is necessary for any whistleblower to receive an award under subsection (b). 

‘‘(f) PROTECTION OF WHISTLEBLOWERS; CONFIDENTIALITY.— 

‘‘(1) IN GENERAL.—Notwithstanding section 30167, and 

except as provided in paragraphs (4) and (5) of this subsection, 

the Secretary, and any officer or employee of the Department 

of Transportation, shall not disclose any information, including 

information provided by a whistleblower to the Secretary, which 

could reasonably be expected to reveal the identity of a whistleblower, except in accordance with the provisions of section 

552a of title 5, unless— 

‘‘(A) required to be disclosed to a defendant or 

respondent in connection with a public proceeding 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1719 

instituted by the Secretary or any entity described in paragraph (5); 

‘‘(B) the whistleblower provides prior written consent 

for the information to be disclosed; or 

‘‘(C) the Secretary, or other officer or employee of the 

Department of Transportation, receives the information 

through another source, such as during an inspection or 

investigation under section 30166, and has authority under 

other law to release the information. 

‘‘(2) REDACTION.—The Secretary, and any officer or 

employee of the Department of Transportation, shall take 

reasonable measures to not reveal the identity of the whistleblower when disclosing any information under paragraph (1). 

‘‘(3) SECTION 552(B)(3)(B).—For purposes of section 552 of 

title 5, paragraph (1) of this subsection shall be considered 

a statute described in subsection (b)(3)(B) of that section. 

‘‘(4) EFFECT.—Nothing in this subsection is intended to 

limit the ability of the Attorney General to present such evidence to a grand jury or to share such evidence with potential 

witnesses or defendants in the course of an ongoing criminal 

investigation. 

‘‘(5) AVAILABILITY TO GOVERNMENT AGENCIES.— 

‘‘(A) IN GENERAL.—Without the loss of its status as 

confidential in the hands of the Secretary, all information 

referred to in paragraph (1) may, in the discretion of the 

Secretary, when determined by the Secretary to be necessary or appropriate to accomplish the purposes of this 

chapter and in accordance with subparagraph (B), be made 

available to the following: 

‘‘(i) The Department of Justice. 

‘‘(ii) An appropriate department or agency of the 

Federal Government, acting within the scope of its 

jurisdiction. 

‘‘(B) MAINTENANCE OF INFORMATION.—Each entity 

described in subparagraph (A) shall maintain information 

described in that subparagraph as confidential, in accordance with the requirements in paragraph (1). 

‘‘(g) PROVISION OF FALSE INFORMATION.—A whistleblower who 

knowingly and intentionally makes any false, fictitious, or fraudulent statement or representation, or who makes or uses any false 

writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry, shall not be entitled to 

an award under this section and shall be subject to prosecution 

under section 1001 of title 18. 

‘‘(h) APPEALS.— 

‘‘(1) IN GENERAL.—Any determination made under this section, including whether, to whom, or in what amount to make 

an award, shall be in the discretion of the Secretary. 

‘‘(2) APPEALS.—Any determination made by the Secretary 

under this section may be appealed by a whistleblower to 

the appropriate court of appeals of the United States not later 

than 30 days after the determination is issued by the Secretary. 

‘‘(3) REVIEW.—The court shall review the determination 

made by the Secretary in accordance with section 706 of title 

5. 


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129 STAT. 1720 PUBLIC LAW 114–94—DEC. 4, 2015 

‘‘(i) REGULATION.—Not later than 18 months after the date 

of enactment of this section, the Secretary shall promulgate regulations on the requirements of this section, consistent with this section.’’. 

(b) RULE OF CONSTRUCTION.— (1) ORIGINAL INFORMATION.—Information submitted to the 

Secretary of Transportation by a whistleblower in accordance 

with the requirements of section 30172 of title 49, United 

States Code, shall not lose its status as original information 

solely because the whistleblower submitted the information 

prior to the effective date of the regulations issued under subsection (i) of that section if that information was submitted 

after the date of enactment of this Act. 

(2) AWARDS.—A whistleblower may receive an award under 

section 30172 of title 49, United States Code, regardless of 

whether the violation underlying the covered action occurred 

prior to the date of enactment of this Act, and may receive 

an award prior to the Secretary of Transportation promulgating 

the regulations under subsection (i) of that section. 

(c) CONFORMING AMENDMENTS.—The table of contents of subchapter IV of chapter 301 of title 49, United States Code, is amended 

by adding at the end the following: 

‘‘30172. Whistleblower incentives and protections.’’. 

Subtitle D—Additional Motor Vehicle 

Provisions 

SEC. 24401. REQUIRED REPORTING OF NHTSA AGENDA. 

Not later than December 1 of the year beginning after the 

date of enactment of this Act, and each year thereafter, the Administrator of the National Highway Traffic Safety Administration shall 

publish on the public website of the Administration, and file with 

the Committees on Energy and Commerce and Transportation and 

Infrastructure of the House of Representatives and the Committee 

on Commerce, Science, and Transportation of the Senate an annual 

plan for the following calendar year detailing the Administration’s 

projected activities, including— 

(1) the Administrator’s policy priorities; 

(2) any rulemakings projected to be commenced; 

(3) any plans to develop guidelines; 

(4) any plans to restructure the Administration or to establish or alter working groups; 

(5) any planned projects or initiatives of the Administration, including the working groups and advisory committees 

of the Administration; and 

(6) any projected dates or timetables associated with any 

of the items described in paragraphs (1) through (5). 

SEC. 24402. APPLICATION OF REMEDIES FOR DEFECTS AND NONCOMPLIANCE. 

Section 30120(g)(1) of title 49, United States Code, is amended 

by striking ‘‘10 calendar years’’ and inserting ‘‘15 calendar years’’. 

SEC. 24403. RETENTION OF SAFETY RECORDS BY MANUFACTURERS. 

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

49 USC 30117 

note. 

49 USC 105 note. 

49 USC 

prec. 30101. 

49 USC 30172 

note. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1721 

final rule pursuant to section 30117 of title 49, United States 

Code, requiring each manufacturer of motor vehicles or motor 

vehicle equipment to retain all motor vehicle safety records required 

to be maintained by manufacturers under section 576.6 of title 

49, Code of Federal Regulations, for a period of not less than 

10 calendar years from the date on which they were generated 

or acquired by the manufacturer. 

(b) APPLICATION.—The rule required by subsection (a) shall 

apply with respect to any record described in such subsection that 

is in the possession of a manufacturer on the effective date of 

such rule. 

SEC. 24404. NONAPPLICATION OF PROHIBITIONS RELATING TO NONCOMPLYING MOTOR VEHICLES TO VEHICLES USED FOR 

TESTING OR EVALUATION. 

Section 30112(b) of title 49, United States Code, is amended— 

(1) in paragraph (8), by striking ‘‘; or’’ and inserting a 

semicolon; 

(2) in paragraph (9), by striking the period at the end 

and inserting ‘‘; or’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(10) the introduction of a motor vehicle in interstate commerce solely for purposes of testing or evaluation by a manufacturer that agrees not to sell or offer for sale the motor vehicle 

at the conclusion of the testing or evaluation and that prior 

to the date of enactment of this paragraph— 

‘‘(A) has manufactured and distributed motor vehicles 

into the United States that are certified to comply with 

all applicable Federal motor vehicle safety standards; 

‘‘(B) has submitted to the Secretary appropriate manufacturer identification information under part 566 of title 

49, Code of Federal Regulations; and 

‘‘(C) if applicable, has identified an agent for service 

of process in accordance with part 551 of such title.’’. 

SEC. 24405. TREATMENT OF LOW-VOLUME MANUFACTURERS. 

(a) EXEMPTION FROM VEHICLE SAFETY STANDARDS FOR LOW- VOLUME MANUFACTURERS.—Section 30114 of title 49, United States 

Code, is amended— 

(1) by striking ‘‘The’’ and inserting ‘‘(A) VEHICLES USED

FOR PARTICULAR PURPOSES. The’’; and 

(2) by adding at the end the following new subsection: 

‘‘(b) EXEMPTION FOR LOW-VOLUME MANUFACTURERS.— ‘‘(1) IN GENERAL.—The Secretary shall— 

‘‘(A) exempt from section 30112(a) of this title not 

more than 325 replica motor vehicles per year that are 

manufactured or imported by a low-volume manufacturer; 

and 

‘‘(B) except as provided in paragraph (4) of this subsection, limit any such exemption to the Federal Motor 

Vehicle Safety Standards applicable to motor vehicles and 

not motor vehicle equipment. 

‘‘(2) REGISTRATION REQUIREMENT.—To qualify for an exemption under paragraph (1), a low-volume manufacturer shall 

register with the Secretary at such time, in such manner, 

and under such terms that the Secretary determines appropriate. The Secretary shall establish terms that ensure that 

no person may register as a low-volume manufacturer if the 


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129 STAT. 1722 PUBLIC LAW 114–94—DEC. 4, 2015 

person is registered as an importer under section 30141 of 

this title. 

‘‘(3) PERMANENT LABEL REQUIREMENT.— 

‘‘(A) IN GENERAL.—The Secretary shall require a lowvolume manufacturer to affix a permanent label to a motor 

vehicle exempted under paragraph (1) that identifies the 

specified standards and regulations for which such vehicle 

is exempt from section 30112(a), states that the vehicle 

is a replica, and designates the model year such vehicle 

replicates. 

‘‘(B) WRITTEN NOTICE.—The Secretary may require a 

low-volume manufacturer of a motor vehicle exempted 

under paragraph (1) to deliver written notice of the exemption to— 

‘‘(i) the dealer; and 

‘‘(ii) the first purchaser of the motor vehicle, if 

the first purchaser is not an individual that purchases 

the motor vehicle for resale. 

‘‘(C) REPORTING REQUIREMENT.—A low-volume manufacturer shall annually submit a report to the Secretary 

including the number and description of the motor vehicles 

exempted under paragraph (1) and a list of the exemptions 

described on the label affixed under subparagraph (A). 

‘‘(4) EFFECT ON OTHER PROVISIONS.—Any motor vehicle 

exempted under this subsection shall also be exempted from 

sections 32304, 32502, and 32902 of this title and from section 

3 of the Automobile Information Disclosure Act (15 U.S.C. 

1232). 

‘‘(5) LIMITATION AND PUBLIC NOTICE.—The Secretary shall 

have 90 days to review and approve or deny a registration 

submitted under paragraph (2). If the Secretary determines 

that any such registration submitted is incomplete, the Secretary shall have an additional 30 days for review. Any registration not approved or denied within 90 days after initial submission, or 120 days if the registration submitted is incomplete, 

shall be deemed approved. The Secretary shall have the 

authority to revoke an existing registration based on a failure 

to comply with requirements set forth in this subsection or 

a finding by the Secretary of a safety-related defect or unlawful 

conduct under this chapter that poses a significant safety risk. 

The registrant shall be provided a reasonable opportunity to 

correct all deficiencies, if such are correctable based on the 

sole discretion of the Secretary. An exemption granted by the 

Secretary to a low-volume manufacturer under this subsection 

may not be transferred to any other person, and shall expire 

at the end of the calendar year for which it was granted 

with respect to any volume authorized by the exemption that 

was not applied by the low-volume manufacturer to vehicles 

built during that calendar year. The Secretary shall maintain 

an up-to-date list of registrants and a list of the make and 

model of motor vehicles exempted under paragraph (1) on at 

least an annual basis and publish such list in the Federal 

Register or on a website operated by the Secretary. 

‘‘(6) LIMITATION OF LIABILITY FOR ORIGINAL MANUFACTURERS, LICENSORS OR OWNERS OF PRODUCT CONFIGURATION, TRADE

DRESS, OR DESIGN PATENTS.—The original manufacturer, its 

successor or assignee, or current owner, who grants a license 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1723 

or otherwise transfers rights to a low-volume manufacturer 

shall incur no liability to any person or entity under Federal 

or State statute, regulation, local ordinance, or under any Federal or State common law for such license or assignment to 

a low-volume manufacturer. 

‘‘(7) DEFINITIONS.—In this subsection: 

‘‘(A) LOW-VOLUME MANUFACTURER.—The term ‘lowvolume manufacturer’ means a motor vehicle manufacturer, 

other than a person who is registered as an importer under 

section 30141 of this title, whose annual worldwide production, including by a parent or subsidiary of the manufacturer, if applicable, is not more than 5,000 motor vehicles. 

‘‘(B) REPLICA MOTOR VEHICLE.—The term ‘replica motor 

vehicle’ means a motor vehicle produced by a low-volume 

manufacturer and that— 

‘‘(i) is intended to resemble the body of another 

motor vehicle that was manufactured not less than 

25 years before the manufacture of the replica motor 

vehicle; and 

‘‘(ii) is manufactured under a license for the 

product configuration, trade dress, trademark, or 

patent, for the motor vehicle that is intended to be 

replicated from the original manufacturer, its successors or assignees, or current owner of such product 

configuration, trade dress, trademark, or patent rights. 

‘‘(8) CONSTRUCTION.—Except as provided in paragraphs (1) 

and (4), a registrant shall be considered a motor vehicle manufacturer for purposes of parts A and C of subtitle VI of this 

title. Nothing shall be construed to exempt a registrant from 

complying with the requirements under sections 30116 through 

30120A of this title if the motor vehicle excepted under paragraph (1) contains a defect related to motor vehicle safety. 

‘‘(9) STATE REGISTRATION.—Nothing in this subsection shall 

be construed to preempt, affect, or supersede any State titling 

or registration law or regulation for a replica motor vehicle, 

or exempt a person from complying with such law or regulation.’’. 

(b) VEHICLE EMISSION COMPLIANCE STANDARDS FOR LOWVOLUME MOTOR VEHICLE MANUFACTURERS.—Section 206(a) of the 

Clean Air Act (42 U.S.C. 7525(a)) is amended by adding at the 

end the following new paragraph: 

‘‘(5)(A) A motor vehicle engine (including all engine emission controls) may be installed in an exempted specially produced motor vehicle if the motor vehicle engine is from a 

motor vehicle that is covered by a certificate of conformity 

issued by the Administrator for the model year in which the 

exempted specially produced motor vehicle is produced, or the 

motor vehicle engine is covered by an Executive order subject 

to regulations promulgated by the California Air Resources 

Board for the model year in which the exempted specially 

produced motor vehicle is produced, and— 

‘‘(i) the manufacturer of the engine supplies written instructions to the Administrator and the manufacturer of the exempted specially produced motor vehicle 

explaining how to install the engine and maintain 

functionality of the engine’s emission control system 


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129 STAT. 1724 PUBLIC LAW 114–94—DEC. 4, 2015 

and the on-board diagnostic system (commonly known 

as ‘OBD’), except with respect to evaporative emissions; 

‘‘(ii) the manufacturer of the exempted specially 

produced motor vehicle installs the engine in accordance with such instructions and certifies such installation in accordance with subparagraph (E); 

‘‘(iii) the installation instructions include emission 

control warranty information from the engine manufacturer in compliance with section 207, including where 

warranty repairs can be made, emission control labels 

to be affixed to the vehicle, and the certificate of conformity number for the applicable vehicle in which 

the engine was originally intended or the applicable 

Executive order number for the engine; and 

‘‘(iv) the manufacturer of the exempted specially 

produced motor vehicle does not produce more than 

325 such vehicles in the calendar year in which the 

vehicle is produced. 

‘‘(B) A motor vehicle containing an engine compliant 

with the requirements of subparagraph (A) shall be treated 

as meeting the requirements of section 202 applicable to 

new vehicles produced or imported in the model year in 

which the exempted specially produced motor vehicle is 

produced or imported. 

‘‘(C) Engine installations that are not performed in 

accordance with installation instructions provided by the 

manufacturer and alterations to the engine not in accordance with the installation instructions shall— 

‘‘(i) be treated as prohibited acts by the installer 

under section 203 and any applicable regulations; and 

‘‘(ii) subject to civil penalties under section 205(a), 

civil actions under section 205(b), and administrative 

assessment of penalties under section 205(c). 

‘‘(D) The manufacturer of an exempted specially produced motor vehicle that has an engine compliant with 

the requirements of subparagraph (A) shall provide to the 

purchaser of such vehicle all information received by the 

manufacturer from the engine manufacturer, including 

information regarding emissions warranties from the 

engine manufacturer and all emissions-related recalls by 

the engine manufacturer. 

‘‘(E) To qualify to install an engine under this paragraph, and sell, offer for sale, introduce into commerce, 

deliver for introduction into commerce or import an 

exempted specially produced motor vehicle, a manufacturer 

of exempted specially produced motor vehicles shall register 

with the Administrator at such time and in such manner 

as the Administrator determines appropriate. The manufacturer shall submit an annual report to the Administrator 

that includes— 

‘‘(i) a description of the exempted specially produced motor vehicles and engines installed in such 

vehicles; 

‘‘(ii) the certificate of conformity number issued 

to the motor vehicle in which the engine was originally 

intended or the applicable Executive order number 

for the engine; and 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1725 

‘‘(iii) a certification that it produced all exempted 

specially produced motor vehicles according to the written instructions from the engine manufacturer, and 

otherwise that the engine conforms in all material 

respects to the description in the application for the 

applicable certificate of conformity or Executive order. 

‘‘(F) Exempted specially produced motor vehicles 

compliant with this paragraph shall be exempted from— 

‘‘(i) motor vehicle certification testing under this 

section; and 

‘‘(ii) vehicle emission control inspection and 

maintenance programs required under section 110. 

‘‘(G)(i) Except as provided in subparagraphs (A) 

through (F), a person engaged in the manufacturing or 

assembling of exempted specially produced motor vehicles 

shall be considered a manufacturer for purposes of this 

Act. 

‘‘(ii) Nothing in this paragraph shall be construed to 

exempt any person from the prohibitions in section 

203(a)(3) or the requirements in sections 208, 206(c), or 

202(m)(5). 

‘‘(H) In this paragraph: 

‘‘(i) The term ‘exempted specially produced motor 

vehicle’ means a light-duty vehicle or light-duty truck 

produced by a low-volume manufacturer and that— 

‘‘(I) is intended to resemble the body of another 

motor vehicle that was manufactured not less than 

25 years before the manufacture of the exempted 

specially produced motor vehicle; and 

‘‘(II) is manufactured under a license for the 

product configuration, trade dress, trademark, or 

patent, for the motor vehicle that is intended to 

be replicated from the original manufacturer, its 

successors or assignees, or current owner of such 

product configuration, trade dress, trademark, or 

patent rights. 

‘‘(ii) The term ‘low-volume manufacturer’ means 

a motor vehicle manufacturer, other than a person 

who is registered as an importer under section 30141 

of title 49, United States Code, whose annual worldwide production, including by a parent or subsidiary 

of the manufacturer, if applicable, is not more than 

5,000 motor vehicles.’’. 

(c) IMPLEMENTATION.—Not later than 12 months after the date 

of enactment of this Act, the Secretary of Transportation and the 

Administrator of the Environmental Protection Agency shall issue 

such regulations as may be necessary to implement the amendments 

made by subsections (a) and (b), respectively. 

SEC. 24406. MOTOR VEHICLE SAFETY GUIDELINES. 

Section 30111 of title 49, United States Code, is amended 

by adding at the end the following new subsection: 

‘‘(f) MOTOR VEHICLE SAFETY GUIDELINES.— 

‘‘(1) IN GENERAL.—No guidelines issued by the Secretary 

with respect to motor vehicle safety shall confer any rights 

on any person, State, or locality, nor shall operate to bind 

the Secretary or any person to the approach recommended 

42 USC 7525 

note. 


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129 STAT. 1726 PUBLIC LAW 114–94—DEC. 4, 2015 

in such guidelines. In any enforcement action with respect 

to motor vehicle safety, the Secretary shall allege a violation 

of a provision of this subtitle, a motor vehicle safety standard 

issued under this subtitle, or another relevant statute or regulation. The Secretary may not base an enforcement action on, 

or execute a consent order based on, practices that are alleged 

to be inconsistent with any such guidelines, unless the practices 

allegedly violate a provision of this subtitle, a motor vehicle 

safety standard issued under this subtitle, or another relevant 

statute or regulation. 

‘‘(2) RULE OF CONSTRUCTION.—Nothing in this subsection 

shall be construed to confer any authority upon or negate 

any authority of the Secretary to issue guidelines under this 

chapter.’’. 

SEC. 24407. IMPROVEMENT OF DATA COLLECTION ON CHILD OCCUPANTS IN VEHICLE CRASHES. 

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary shall revise the crash investigation 

data collection system of the National Highway Traffic Safety 

Administration to include the collection of the following data in 

connection with vehicle crashes whenever a child restraint system 

was in use in a vehicle involved in a crash: 

(1) The type or types of child restraint systems in use 

during the crash in any vehicle involved in the crash, including 

whether a five-point harness or belt-positioning booster. 

(2) If a five-point harness child restraint system was in 

use during the crash, whether the child restraint system was 

forward-facing or rear-facing in the vehicle concerned. 

(b) CONSULTATION.—In implementing subsection (a), the Secretary shall work with law enforcement officials, safety advocates, 

the medical community, and research organizations to improve 

the recordation of data described in subsection (a) in police and 

other applicable incident reports. 

(c) REPORT.—Not later than 3 years after the date of enactment 

of this Act, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives 

a report on child occupant crash data collection in the crash investigation data collection system of the National Highway Traffic 

Safety Administration pursuant to the revision required by subsection (a). 

DIVISION C—FINANCE 

TITLE XXXI—HIGHWAY TRUST FUND 

AND RELATED TAXES 

Subtitle A—Extension of Trust Fund 

Expenditure Authority and Related Taxes 

SEC. 31101. EXTENSION OF HIGHWAY TRUST FUND EXPENDITURE 

AUTHORITY. 

(a) HIGHWAY TRUST FUND.—Section 9503 of the Internal Rev26 USC 9503. enue Code of 1986 is amended— 

49 USC 30127 

note. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1727 

(1) by striking ‘‘December 5, 2015’’ in subsections (b)(6)(B), 

(c)(1), and (e)(3) and inserting ‘‘October 1, 2020’’, and 

(2) by striking ‘‘Surface Transportation Extension Act of 

2015, Part II’’ in subsections (c)(1) and (e)(3) and inserting 

‘‘FAST Act’’. 

(b) SPORT FISH RESTORATION AND BOATING TRUST FUND.— Section 9504 of such Code is amended— 

(1) by striking ‘‘Surface Transportation Extension Act of 

2015, Part II’’ each place it appears in subsection (b)(2) and 

inserting ‘‘FAST Act’’, and 

(2) by striking ‘‘December 5, 2015’’ in subsection (d)(2) 

and inserting ‘‘October 1, 2020’’. 

(c) LEAKING UNDERGROUND STORAGE TANK TRUST FUND.—Section 9508(e)(2) of such Code is amended by striking ‘‘December 

5, 2015’’ and inserting ‘‘October 1, 2020’’. 

SEC. 31102. EXTENSION OF HIGHWAY-RELATED TAXES. 

(a) IN GENERAL.— 

(1) Each of the following provisions of the Internal Revenue 

Code of 1986 is amended by striking ‘‘September 30, 2016’’ 

and inserting ‘‘September 30, 2022’’: 

(A) Section 4041(a)(1)(C)(iii)(I). 

(B) Section 4041(m)(1)(B). 

(C) Section 4081(d)(1). 

(2) Each of the following provisions of such Code is amended 

by striking ‘‘October 1, 2016’’ and inserting ‘‘October 1, 2022’’: 

(A) Section 4041(m)(1)(A). 

(B) Section 4051(c). 

(C) Section 4071(d). 

(D) Section 4081(d)(3). 

(b) EXTENSION OF TAX, ETC., ON USE OF CERTAIN HEAVY

VEHICLES.—Each of the following provisions of the Internal Revenue 

Code of 1986 is amended by striking ‘‘2017’’ each place it appears 

and inserting ‘‘2023’’: 

(1) Section 4481(f). 

(2) Subsections (c)(4) and (d) of section 4482. 

(c) FLOOR STOCKS REFUNDS.—Section 6412(a)(1) of the Internal 

Revenue Code of 1986 is amended— 

(1) by striking ‘‘October 1, 2016’’ each place it appears 

and inserting ‘‘October 1, 2022’’; 

(2) by striking ‘‘March 31, 2017’’ each place it appears 

and inserting ‘‘March 31, 2023’’; and 

(3) by striking ‘‘January 1, 2017’’ and inserting ‘‘January 

1, 2023’’. 

(d) EXTENSION OF CERTAIN EXEMPTIONS.— 

(1) Section 4221(a) of the Internal Revenue Code of 1986 

is amended by striking ‘‘October 1, 2016’’ and inserting ‘‘October 

1, 2022’’. 

(2) Section 4483(i) of such Code is amended by striking 

‘‘October 1, 2017’’ and inserting ‘‘October 1, 2023’’. 

(e) EXTENSION OF TRANSFERS OF CERTAIN TAXES.— (1) IN GENERAL.—Section 9503 of the Internal Revenue 

Code of 1986 is amended— 

(A) in subsection (b)— 

(i) by striking ‘‘October 1, 2016’’ each place it 

appears in paragraphs (1) and (2) and inserting 

‘‘October 1, 2022’’; 

26 USC 9503. 

26 USC 4483. 

26 USC 4221. 

26 USC 6412. 

26 USC 4482. 

26 USC 4481. 

26 USC 4071. 

26 USC 4051. 

26 USC 4081. 

26 USC 4041. 

26 USC 9508. 

26 USC 9504. 


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129 STAT. 1728 PUBLIC LAW 114–94—DEC. 4, 2015 

(ii) by striking ‘‘OCTOBER 1, 2016’’ in the heading 

of paragraph (2) and inserting ‘‘OCTOBER 1, 2022’’; 

(iii) by striking ‘‘September 30, 2016’’ in paragraph 

(2) and inserting ‘‘September 30, 2022’’; and 

(iv) by striking ‘‘July 1, 2017’’ in paragraph (2) 

and inserting ‘‘July 1, 2023’’; and 

(B) in subsection (c)(2), by striking ‘‘July 1, 2017’’ and 

inserting ‘‘July 1, 2023’’. 

(2) MOTORBOAT AND SMALL-ENGINE FUEL TAX TRANSFERS.— (A) IN GENERAL.—Paragraphs (3)(A)(i) and (4)(A) of 

section 9503(c) of such Code are each amended by striking 

‘‘October 1, 2016’’ and inserting ‘‘October 1, 2022’’. 

(B) CONFORMING AMENDMENTS TO LAND AND WATER

CONSERVATION FUND.—Section 200310 of title 54, United 

States Code, is amended— 

(i) by striking ‘‘October 1, 2017’’ each place it 

appears and inserting ‘‘October 1, 2023’’; and 

(ii) by striking ‘‘October 1, 2016’’ and inserting 

‘‘October 1, 2022’’. 

(f) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on October 1, 2016. 

Subtitle B—Additional Transfers to 

Highway Trust Fund 

SEC. 31201. FURTHER ADDITIONAL TRANSFERS TO TRUST FUND. 

Subsection (f) of section 9503 of the Internal Revenue Code 

of 1986 is amended by redesignating paragraph (8) as paragraph 

(10) and inserting after paragraph (7) the following new paragraphs: 

‘‘(8) FURTHER TRANSFERS TO TRUST FUND.—Out of money 

in the Treasury not otherwise appropriated, there is hereby 

appropriated— 

‘‘(A) $51,900,000,000 to the Highway Account (as 

defined in subsection (e)(5)(B)) in the Highway Trust Fund; 

and 

‘‘(B) $18,100,000,000 to the Mass Transit Account in 

the Highway Trust Fund. 

‘‘(9) ADDITIONAL INCREASE IN FUND BALANCE.—There is 

hereby transferred to the Highway Account (as defined in subsection (e)(5)(B)) in the Highway Trust Fund amounts appropriated from the Leaking Underground Storage Tank Trust 

Fund under section 9508(c)(4).’’. 

SEC. 31202. TRANSFER TO HIGHWAY TRUST FUND OF CERTAIN MOTOR 

VEHICLE SAFETY PENALTIES. 

(a) IN GENERAL.—Paragraph (5) of section 9503(b) of the 

Internal Revenue Code of 1986 is amended— 

(1) by striking ‘‘There are hereby’’ and inserting the following: 

‘‘(A) IN GENERAL.—There are hereby’’, and 

(2) by adding at the end the following new paragraph: 

‘‘(B) PENALTIES RELATED TO MOTOR VEHICLE SAFETY.— 

‘‘(i) IN GENERAL.—There are hereby appropriated 

to the Highway Trust Fund amounts equivalent to 

covered motor vehicle safety penalty collections. 

26 USC 4041 

note. 

54 USC 200310. 

26 USC 9503. 


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‘‘(ii) COVERED MOTOR VEHICLE SAFETY PENALTY

COLLECTIONS.—For purposes of this subparagraph, the 

term ‘covered motor vehicle safety penalty collections’ 

means any amount collected in connection with a civil 

penalty under section 30165 of title 49, United States 

Code, reduced by any award authorized by the Secretary of Transportation to be paid to any person in 

connection with information provided by such person 

related to a violation of chapter 301 of such title which 

is a predicate to such civil penalty.’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall apply to amounts collected after the date of the enactment 

of this Act. 

SEC. 31203. APPROPRIATION FROM LEAKING UNDERGROUND STORAGE TANK TRUST FUND. 

(a) IN GENERAL.—Subsection (c) of section 9508 of the Internal 

Revenue Code of 1986 is amended by adding at the end the following 

new paragraph: 

‘‘(4) ADDITIONAL TRANSFER TO HIGHWAY TRUST FUND.—Out 

of amounts in the Leaking Underground Storage Tank Trust 

Fund there is hereby appropriated— 

‘‘(A) on the date of the enactment of the FAST Act, 

$100,000,000, 

‘‘(B) on October 1, 2016, $100,000,000, and 

‘‘(C) on October 1, 2017, $100,000,000, 

to be transferred under section 9503(f)(9) to the Highway 

Account (as defined in section 9503(e)(5)(B)) in the Highway 

Trust Fund.’’. 

(b) CONFORMING AMENDMENT.—Section 9508(c)(1) of the 

Internal Revenue Code of 1986 is amended by striking ‘‘paragraphs 

(2) and (3)’’ and inserting ‘‘paragraphs (2), (3), and (4)’’. 

TITLE XXXII—OFFSETS 

Subtitle A—Tax Provisions 

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

(a) IN GENERAL.—Subchapter D of chapter 75 of the Internal 

Revenue Code of 1986 is amended by adding at the end the following 

new section: 

‘‘SEC. 7345. REVOCATION OR DENIAL OF PASSPORT IN CASE OF CERTAIN TAX DELINQUENCIES. 

‘‘(a) IN GENERAL.—If the Secretary receives certification by 

the Commissioner of Internal Revenue that an individual has a 

seriously delinquent tax debt, the Secretary shall transmit such 

certification to the Secretary of State for action with respect to 

denial, revocation, or limitation of a passport pursuant to section 

32101 of the FAST Act. 

‘‘(b) SERIOUSLY DELINQUENT TAX DEBT.— 

‘‘(1) IN GENERAL.—For purposes of this section, the term 

‘seriously delinquent tax debt’ means an unpaid, legally enforceable Federal tax liability of an individual— 

‘‘(A) which has been assessed, 

26 USC 7345 

note. 

22 USC 2714a. 

26 USC 9508. 

26 USC 9503 

note. 


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129 STAT. 1730 PUBLIC LAW 114–94—DEC. 4, 2015 

‘‘(B) which is greater than $50,000, and 

‘‘(C) with respect to which— 

‘‘(i) a notice of lien has been filed pursuant to 

section 6323 and the administrative rights under section 6320 with respect to such filing have been 

exhausted or have lapsed, or 

‘‘(ii) a levy is made pursuant to section 6331. 

‘‘(2) EXCEPTIONS.—Such term shall not include— 

‘‘(A) a debt that is being paid in a timely manner 

pursuant to an agreement to which the individual is party 

under section 6159 or 7122, and 

‘‘(B) a debt with respect to which collection is suspended with respect to the individual— 

‘‘(i) because a due process hearing under section 

6330 is requested or pending, or 

‘‘(ii) because an election under subsection (b) or 

(c) of section 6015 is made or relief under subsection 

(f) of such section is requested. 

‘‘(c) REVERSAL OF CERTIFICATION.— 

‘‘(1) IN GENERAL.—In the case of an individual with respect 

to whom the Commissioner makes a certification under subsection (a), the Commissioner shall notify the Secretary (and 

the Secretary shall subsequently notify the Secretary of State) 

if such certification is found to be erroneous or if the debt 

with respect to such certification is fully satisfied or ceases 

to be a seriously delinquent tax debt by reason of subsection 

(b)(2). 

‘‘(2) TIMING OF NOTICE.— 

‘‘(A) FULL SATISFACTION OF DEBT.—In the case of a 

debt that has been fully satisfied or has become legally 

unenforceable, such notification shall be made not later 

than the date required for issuing the certificate of release 

of lien with respect to such debt under section 6325(a). 

‘‘(B) INNOCENT SPOUSE RELIEF.—In the case of an individual who makes an election under subsection (b) or (c) 

of section 6015, or requests relief under subsection (f) of 

such section, such notification shall be made not later 

than 30 days after any such election or request. 

‘‘(C) INSTALLMENT AGREEMENT OR OFFER-IN-COMPROMISE.—In the case of an installment agreement under 

section 6159 or an offer-in-compromise under section 7122, 

such notification shall be made not later than 30 days 

after such agreement is entered into or such offer is 

accepted by the Secretary. 

‘‘(D) ERRONEOUS CERTIFICATION.—In the case of a certification found to be erroneous, such notification shall 

be made as soon as practicable after such finding. 

‘‘(d) CONTEMPORANEOUS NOTICE TO INDIVIDUAL.—The Commissioner shall contemporaneously notify an individual of any certification under subsection (a), or any reversal of certification under 

subsection (c), with respect to such individual. Such notice shall 

include a description in simple and nontechnical terms of the right 

to bring a civil action under subsection (e). 

‘‘(e) JUDICIAL REVIEW OF CERTIFICATION.— 

‘‘(1) IN GENERAL.—After the Commissioner notifies an individual under subsection (d), the taxpayer may bring a civil 

action against the United States in a district court of the 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1731 

United States or the Tax Court to determine whether the 

certification was erroneous or whether the Commissioner has 

failed to reverse the certification. 

‘‘(2) DETERMINATION.—If the court determines that such 

certification was erroneous, then the court may order the Secretary to notify the Secretary of State that such certification 

was erroneous. 

‘‘(f) ADJUSTMENT FOR INFLATION.—In the case of a calendar 

year beginning after 2016, the dollar amount in subsection (a) 

shall be increased by an amount equal to— 

‘‘(1) such dollar amount, multiplied by 

‘‘(2) the cost-of-living adjustment determined under section 

1(f)(3) for the calendar year, determined by substituting ‘calendar year 2015’ for ‘calendar year 1992’ in subparagraph (B) 

thereof. 

If any amount as adjusted under the preceding sentence is not 

a multiple of $1,000, such amount shall be rounded to the nearest 

multiple of $1,000. 

‘‘(g) DELEGATION OF CERTIFICATION.—A certification under subsection (a) or reversal of certification under subsection (c) may 

only be delegated by the Commissioner of Internal Revenue to 

the Deputy Commissioner for Services and Enforcement, or the 

Commissioner of an operating division, of the Internal Revenue 

Service.’’. 

(b) INFORMATION INCLUDED IN NOTICE OF LIEN AND LEVY.— 

(1) NOTICE OF LIEN.—Section 6320(a)(3) of such Code is 

amended by striking ‘‘and’’ at the end of subparagraph (C), 

by striking the period at the end of subparagraph (D) and 

inserting ‘‘; and’’, and by adding at the end the following new 

subparagraph: 

‘‘(E) the provisions of section 7345 relating to the certification of seriously delinquent tax debts and the denial, 

revocation, or limitation of passports of individuals with 

such debts pursuant to section 32101 of the FAST Act.’’. 

(2) NOTICE OF LEVY.—Section 6331(d)(4) of such Code is 

amended by striking ‘‘and’’ at the end of subparagraph (E), 

by striking the period at the end of subparagraph (F) and 

inserting ‘‘, and’’, and by adding at the end the following new 

subparagraph: 

‘‘(G) the provisions of section 7345 relating to the certification of seriously delinquent tax debts and the denial, 

revocation, or limitation of passports of individuals with 

such debts pursuant to section 32101 of the FAST Act.’’. 

(c) AUTHORITY FOR INFORMATION SHARING.— 

(1) IN GENERAL.—Section 6103(k) of such Code is amended 

by adding at the end the following new paragraph: 

‘‘(11) DISCLOSURE OF RETURN INFORMATION TO DEPARTMENT

OF STATE FOR PURPOSES OF PASSPORT REVOCATION UNDER SECTION 7345.— 

‘‘(A) IN GENERAL.—The Secretary shall, upon receiving 

a certification described in section 7345, disclose to the 

Secretary of State return information with respect to a 

taxpayer who has a seriously delinquent tax debt described 

in such section. Such return information shall be limited 

to— 

‘‘(i) the taxpayer identity information with respect 

to such taxpayer, and 

26 USC 6103. 

26 USC 6320. 


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129 STAT. 1732 PUBLIC LAW 114–94—DEC. 4, 2015 

‘‘(ii) the amount of such seriously delinquent tax 

debt. 

‘‘(B) RESTRICTION ON DISCLOSURE.—Return information 

disclosed under subparagraph (A) may be used by officers 

and employees of the Department of State for the purposes 

of, and to the extent necessary in, carrying out the requirements of section 32101 of the FAST Act.’’. 

(2) CONFORMING AMENDMENT.—Paragraph (4) of section 

6103(p) of such Code is amended by striking ‘‘or (10)’’ each 

place it appears in subparagraph (F)(ii) and in the matter 

preceding subparagraph (A) and inserting ‘‘, (10), or (11)’’ 

(d) TIME FOR CERTIFICATION OF SERIOUSLY DELINQUENT TAX

DEBT POSTPONED BY REASON OF SERVICE IN COMBAT ZONE.—Section 

7508(a) of such Code is amended by striking the period at the 

end of paragraph (2) and inserting ‘‘; and’’ and by adding at the 

end the following new paragraph: 

‘‘(3) Any certification of a seriously delinquent tax debt 

under section 7345.’’. 

(e) AUTHORITY TO DENY OR REVOKE PASSPORT.— 

(1) DENIAL.— 

(A) IN GENERAL.—Except as provided under subparagraph (B), upon receiving a certification described in section 

7345 of the Internal Revenue Code of 1986 from the Secretary of the Treasury, the Secretary of State shall not 

issue a passport to any individual who has a seriously 

delinquent tax debt described in such section. 

(B) EMERGENCY AND HUMANITARIAN SITUATIONS.—Notwithstanding subparagraph (A), the Secretary of State may 

issue a passport, in emergency circumstances or for 

humanitarian reasons, to an individual described in such 

subparagraph. 

(2) REVOCATION.— 

(A) IN GENERAL.—The Secretary of State may revoke 

a passport previously issued to any individual described 

in paragraph (1)(A). 

(B) LIMITATION FOR RETURN TO UNITED STATES.—If the 

Secretary of State decides to revoke a passport under 

subparagraph (A), the Secretary of State, before revocation, 

may— 

(i) limit a previously issued passport only for 

return travel to the United States; or 

(ii) issue a limited passport that only permits 

return travel to the United States. 

(3) HOLD HARMLESS.—The Secretary of the Treasury, the 

Secretary of State, and any of their designees shall not be 

liable to an individual for any action with respect to a certification by the Commissioner of Internal Revenue under section 

7345 of the Internal Revenue Code of 1986. 

(f) REVOCATION OR DENIAL OF PASSPORT IN CASE OF INDIVIDUAL

WITHOUT SOCIAL SECURITY ACCOUNT NUMBER.— 

(1) DENIAL.— 

(A) IN GENERAL.—Except as provided under subparagraph (B), upon receiving an application for a passport 

from an individual that either— 

(i) does not include the social security account 

number issued to that individual, or 

26 USC 7508. 

26 USC 6103. 


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(ii) includes an incorrect or invalid social security 

number willfully, intentionally, negligently, or recklessly provided by such individual, 

the Secretary of State is authorized to deny such application and is authorized to not issue a passport to the individual. 

(B) EMERGENCY AND HUMANITARIAN SITUATIONS.—Notwithstanding subparagraph (A), the Secretary of State may 

issue a passport, in emergency circumstances or for 

humanitarian reasons, to an individual described in 

subparagraph (A). 

(2) REVOCATION.— 

(A) IN GENERAL.—The Secretary of State may revoke 

a passport previously issued to any individual described 

in paragraph (1)(A). 

(B) LIMITATION FOR RETURN TO UNITED STATES.—If the 

Secretary of State decides to revoke a passport under 

subparagraph (A), the Secretary of State, before revocation, 

may— 

(i) limit a previously issued passport only for 

return travel to the United States; or 

(ii) issue a limited passport that only permits 

return travel to the United States. 

(g) REMOVAL OF CERTIFICATION FROM RECORD WHEN DEBT

CEASES TO BE SERIOUSLY DELINQUENT.—If pursuant to subsection 

(c) or (e) of section 7345 of the Internal Revenue Code of 1986 

the Secretary of State receives from the Secretary of the Treasury 

a notice that an individual ceases to have a seriously delinquent 

tax debt, the Secretary of State shall remove from the individual’s 

record the certification with respect to such debt. 

(h) CLERICAL AMENDMENT.—The table of sections for subchapter 

D of chapter 75 of the Internal Revenue Code of 1986 is amended 

by adding at the end the following new item: 

‘‘Sec. 7345. Revocation or denial of passport in case of certain tax delinquencies.’’. 

(i) EFFECTIVE DATE.—The provisions of, and amendments made 

by, this section shall take effect on the date of the enactment 

of this Act. 

SEC. 32102. REFORM OF RULES RELATING TO QUALIFIED TAX COLLECTION CONTRACTS. 

(a) REQUIREMENT TO COLLECT CERTAIN INACTIVE TAX RECEIVABLES UNDER QUALIFIED TAX COLLECTION CONTRACTS.—Section 

6306 of the Internal Revenue Code of 1986 is amended by redesignating subsections (c) through (f) as subsections (d) through (g), 

respectively, and by inserting after subsection (b) the following 

new subsection: 

‘‘(c) COLLECTION OF INACTIVE TAX RECEIVABLES.— 

‘‘(1) IN GENERAL.—Notwithstanding any other provision of 

law, the Secretary shall enter into one or more qualified tax 

collection contracts for the collection of all outstanding inactive 

tax receivables. 

‘‘(2) INACTIVE TAX RECEIVABLES.—For purposes of this section— 

‘‘(A) IN GENERAL.—The term ‘inactive tax receivable’ 

means any tax receivable if— 

26 USC 6306. 

26 USC 

prec. 7341. 


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129 STAT. 1734 PUBLIC LAW 114–94—DEC. 4, 2015 

‘‘(i) at any time after assessment, the Internal 

Revenue Service removes such receivable from the 

active inventory for lack of resources or inability to 

locate the taxpayer, 

‘‘(ii) more than 1⁄3 of the period of the applicable 

statute of limitation has lapsed and such receivable 

has not been assigned for collection to any employee 

of the Internal Revenue Service, or 

‘‘(iii) in the case of a receivable which has been 

assigned for collection, more than 365 days have passed 

without interaction with the taxpayer or a third party 

for purposes of furthering the collection of such receivable. 

‘‘(B) TAX RECEIVABLE.—The term ‘tax receivable’ means 

any outstanding assessment which the Internal Revenue 

Service includes in potentially collectible inventory.’’. 

(b) CERTAIN TAX RECEIVABLES NOT ELIGIBLE FOR COLLECTION

UNDER QUALIFIED TAX COLLECTION CONTRACTS.—Section 6306 of 

the Internal Revenue Code of 1986, as amended by subsection 

(a), is amended by redesignating subsections (d) through (g) as 

subsections (e) through (h), respectively, and by inserting after 

subsection (c) the following new subsection: 

‘‘(d) CERTAIN TAX RECEIVABLES NOT ELIGIBLE FOR COLLECTION

UNDER QUALIFIED TAX COLLECTIONS CONTRACTS.—A tax receivable 

shall not be eligible for collection pursuant to a qualified tax collection contract if such receivable— 

‘‘(1) is subject to a pending or active offer-in-compromise 

or installment agreement, 

‘‘(2) is classified as an innocent spouse case, 

‘‘(3) involves a taxpayer identified by the Secretary as 

being— 

‘‘(A) deceased, 

‘‘(B) under the age of 18, 

‘‘(C) in a designated combat zone, or 

‘‘(D) a victim of tax-related identity theft, 

‘‘(4) is currently under examination, litigation, criminal 

investigation, or levy, or 

‘‘(5) is currently subject to a proper exercise of a right 

of appeal under this title.’’. 

(c) CONTRACTING PRIORITY.—Section 6306 of the Internal Revenue Code of 1986, as amended by the preceding provisions of 

this section, is amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new 

subsection: 

‘‘(h) CONTRACTING PRIORITY.—In contracting for the services 

of any person under this section, the Secretary shall utilize private 

collection contractors and debt collection centers on the schedule 

required under section 3711(g) of title 31, United States Code, 

including the technology and communications infrastructure established therein, to the extent such private collection contractors 

and debt collection centers are appropriate to carry out the purposes 

of this section.’’. 

(d) DISCLOSURE OF RETURN INFORMATION.—Section 6103(k) of 

the Internal Revenue Code of 1986, as amended by section 32101, 

is amended by adding at the end the following new paragraph: 

‘‘(12) QUALIFIED TAX COLLECTION CONTRACTORS.—Persons 

providing services pursuant to a qualified tax collection contract 

26 USC 6103. 

26 USC 6306. 


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under section 6306 may, if speaking to a person who has 

identified himself or herself as having the name of the taxpayer 

to which a tax receivable (within the meaning of such section) 

relates, identify themselves as contractors of the Internal Revenue Service and disclose the business name of the contractor, 

and the nature, subject, and reason for the contact. Disclosures 

under this paragraph shall be made only in such situations 

and under such conditions as have been approved by the Secretary.’’. 

(e) TAXPAYERS AFFECTED BY FEDERALLY DECLARED DISAS- TERS.—Section 6306 of the Internal Revenue Code of 1986, as 

amended by the preceding provisions of this section, is amended 

by redesignating subsection (i) as subsection (j) and by inserting 

after subsection (h) the following new subsection: 

‘‘(i) TAXPAYERS IN PRESIDENTIALLY DECLARED DISASTER

AREAS.—The Secretary may prescribe procedures under which a 

taxpayer determined to be affected by a Federally declared disaster 

(as defined by section 165(i)(5)) may request— 

‘‘(1) relief from immediate collection measures by contractors under this section, and 

‘‘(2) a return of the inactive tax receivable to the inventory 

of the Internal Revenue Service to be collected by an employee 

thereof.’’. 

(f) REPORT TO CONGRESS.— 

(1) IN GENERAL.—Section 6306 of the Internal Revenue 

Code of 1986, as amended by the preceding provisions of this 

section, is amended by redesignating subsection (j) as subsection (k) and by inserting after subsection (i) the following 

new subsection: 

‘‘(j) REPORT TO CONGRESS.—Not later than 90 days after the 

last day of each fiscal year (beginning with the first such fiscal 

year ending after the date of the enactment of this subsection), 

the Secretary shall submit to the Committee on Ways and Means 

of the House of Representatives and the Committee on Finance 

of the Senate a report with respect to qualified tax collection contracts under this section which shall include— 

‘‘(1) annually, with respect to such fiscal year— 

‘‘(A) the total number and amount of tax receivables 

provided to each contractor for collection under this section, 

‘‘(B) the total amounts collected (and amounts of 

installment agreements entered into under subsection 

(b)(1)(B)) with respect to each contractor and the collection 

costs incurred (directly and indirectly) by the Internal Revenue Service with respect to such amounts, 

‘‘(C) the impact of such contracts on the total number 

and amount of unpaid assessments, and on the number 

and amount of assessments collected by Internal Revenue 

Service personnel after initial contact by a contractor, 

‘‘(D) the amount of fees retained by the Secretary under 

subsection (e) and a description of the use of such funds, 

and 

‘‘(E) a disclosure safeguard report in a form similar 

to that required under section 6103(p)(5), and 

‘‘(2) biannually (beginning with the second report submitted 

under this subsection)— 

‘‘(A) an independent evaluation of contractor performance, and 

26 USC 6306. 


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129 STAT. 1736 PUBLIC LAW 114–94—DEC. 4, 2015 

‘‘(B) a measurement plan that includes a comparison 

of the best practices used by the private collectors to the 

collection techniques used by the Internal Revenue Service 

and mechanisms to identify and capture information on 

successful collection techniques used by the contractors 

that could be adopted by the Internal Revenue Service.’’. 

(2) REPEAL OF EXISTING REPORTING REQUIREMENTS WITH

RESPECT TO QUALIFIED TAX COLLECTION CONTRACTS.—Section 

881 of the American Jobs Creation Act of 2004 is amended 

by striking subsection (e). 

(g) EFFECTIVE DATES.— (1) IN GENERAL.—The amendments made by subsections 

(a) and (b) shall apply to tax receivables identified by the 

Secretary after the date of the enactment of this Act. 

(2) CONTRACTING PRIORITY.—The Secretary shall begin 

entering into contracts and agreements as described in the 

amendment made by subsection (c) within 3 months after the 

date of the enactment of this Act. 

(3) DISCLOSURES.—The amendment made by subsection (d) 

shall apply to disclosures made after the date of the enactment 

of this Act. 

(4) PROCEDURES; REPORT TO CONGRESS.—The amendments 

made by subsections (e) and (f) shall take effect on the date 

of the enactment of this Act. 

SEC. 32103. SPECIAL COMPLIANCE PERSONNEL PROGRAM. 

(a) IN GENERAL.—Subsection (e) of section 6306 of the Internal 

Revenue Code of 1986, as redesignated by section 52106, is amended 

by striking ‘‘for collection enforcement activities of the Internal 

Revenue Service’’ in paragraph (2) and inserting ‘‘to fund the special 

compliance personnel program account under section 6307’’. 

(b) SPECIAL COMPLIANCE PERSONNEL PROGRAM ACCOUNT.—Subchapter A of chapter 64 of the Internal Revenue Code of 1986 

is amended by adding at the end the following new section: 

‘‘SEC. 6307. SPECIAL COMPLIANCE PERSONNEL PROGRAM ACCOUNT. 

‘‘(a) ESTABLISHMENT OF A SPECIAL COMPLIANCE PERSONNEL

PROGRAM ACCOUNT.—The Secretary shall establish an account 

within the Department for carrying out a program consisting of 

the hiring, training, and employment of special compliance personnel, and shall transfer to such account from time to time 

amounts retained by the Secretary under section 6306(e)(2). 

‘‘(b) RESTRICTIONS.—The program described in subsection (a) 

shall be subject to the following restrictions: 

‘‘(1) No funds shall be transferred to such account except 

as described in subsection (a). 

‘‘(2) No other funds from any other source shall be expended 

for special compliance personnel employed under such program, 

and no funds from such account shall be expended for the 

hiring of any personnel other than special compliance personnel. 

‘‘(3) Notwithstanding any other authority, the Secretary 

is prohibited from spending funds out of such account for any 

purpose other than for costs under such program associated 

with the employment of special compliance personnel and the 

retraining and reassignment of current noncollections personnel 

as special compliance personnel, and to reimburse the Internal 

Revenue Service or other government agencies for the cost 

26 USC 6307. 

26 USC 6306. 

26 USC 6306 

note. 

26 USC 6103 

note. 

26 USC 6306 

note. 

26 USC 6306 

note. 

26 USC 6306 

note. 


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of administering qualified tax collection contracts under section 

6306. 

‘‘(c) REPORTING.—Not later than March of each year, the 

Commissioner of Internal Revenue shall submit a report to the 

Committees on Finance and Appropriations of the Senate and the 

Committees on Ways and Means and Appropriations of the House 

of Representatives consisting of the following: 

‘‘(1) For the preceding fiscal year, all funds received in 

the account established under subsection (a), administrative 

and program costs for the program described in such subsection, 

the number of special compliance personnel hired and employed 

under the program, and the amount of revenue actually collected by such personnel. 

‘‘(2) For the current fiscal year, all actual and estimated 

funds received or to be received in the account, all actual 

and estimated administrative and program costs, the number 

of all actual and estimated special compliance personnel hired 

and employed under the program, and the actual and estimated 

revenue actually collected or to be collected by such personnel. 

‘‘(3) For the following fiscal year, an estimate of all funds 

to be received in the account, all estimated administrative 

and program costs, the estimated number of special compliance 

personnel hired and employed under the program, and the 

estimated revenue to be collected by such personnel. 

‘‘(d) DEFINITIONS.—For purposes of this section— 

‘‘(1) SPECIAL COMPLIANCE PERSONNEL.—The term ‘special 

compliance personnel’ means individuals employed by the 

Internal Revenue Service as field function collection officers 

or in a similar position, or employed to collect taxes using 

the automated collection system or an equivalent replacement 

system. 

‘‘(2) PROGRAM COSTS.—The term ‘program costs’ means— 

‘‘(A) total salaries (including locality pay and bonuses), 

benefits, and employment taxes for special compliance personnel employed or trained under the program described 

in subsection (a), and 

‘‘(B) direct overhead costs, salaries, benefits, and 

employment taxes relating to support staff, rental payments, office equipment and furniture, travel, data processing services, vehicle costs, utilities, telecommunications, 

postage, printing and reproduction, supplies and materials, 

lands and structures, insurance claims, and indemnities 

for special compliance personnel hired and employed under 

this section. 

For purposes of subparagraph (B), the cost of management 

and supervision of special compliance personnel shall be taken 

into account as direct overhead costs to the extent such costs, 

when included in total program costs under this paragraph, 

do not represent more than 10 percent of such total costs.’’. 

(c) CLERICAL AMENDMENT.—The table of sections for subchapter 

A of chapter 64 of the Internal Revenue Code of 1986 is amended 

by inserting after the item relating to section 6306 the following 

new item: 

‘‘Sec. 6307. Special compliance personnel program account.’’. 

26 USC 

prec. 6301. 


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129 STAT. 1738 PUBLIC LAW 114–94—DEC. 4, 2015 

(d) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall apply to amounts collected and retained by the Secretary 

after the date of the enactment of this Act. 

SEC. 32104. REPEAL OF MODIFICATION OF AUTOMATIC EXTENSION 

OF RETURN DUE DATE FOR CERTAIN EMPLOYEE BENEFIT PLANS. 

(a) IN GENERAL.—Section 2006(b) of the Surface Transportation 

and Veterans Health Care Choice Improvement Act of 2015 is 

amended by striking paragraph (3). 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to returns for taxable years beginning after December 

31, 2015. 

Subtitle B—Fees and Receipts 

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

(a) IN GENERAL.—Section 13031 of the Consolidated Omnibus 

Budget Reconciliation Act of 1985 (19 U.S.C. 58c) is amended by 

adding at the end the following: 

‘‘(l) ADJUSTMENT OF FEES FOR INFLATION.— 

‘‘(1) IN GENERAL.—The Secretary of the Treasury shall 

adjust the fees established under subsection (a), and the limitations on such fees under paragraphs (2), (3), (5), (6), (8), and 

(9) of subsection (b), on April 1, 2016, and at the beginning 

of each fiscal year thereafter, to reflect the percentage (if any) 

of the increase in the average of the Consumer Price Index 

for the preceding 12-month period compared to the Consumer 

Price Index for fiscal year 2014. 

‘‘(2) SPECIAL RULES FOR CALCULATION OF ADJUSTMENT.— 

In adjusting under paragraph (1) the amount of the fees established under subsection (a), and the limitations on such fees 

under paragraphs (2), (3), (5), (6), (8), and (9) of subsection 

(b), the Secretary— 

‘‘(A) shall round the amount of any increase in the 

Consumer Price Index to the nearest dollar; and 

‘‘(B) may ignore any such increase of less than 1 percent. 

‘‘(3) CONSUMER PRICE INDEX DEFINED.—For purposes of this 

subsection, the term ‘Consumer Price Index’ means the Consumer Price Index for All Urban Consumers published by the 

Bureau of Labor Statistics of the Department of Labor.’’. 

(b) USE OF FEES.—The fees collected as a result of the amendments made by this section shall be deposited in the Customs 

User Fee Account, shall be available for reimbursement of customs 

services and inspections costs, and shall be available only to the 

extent provided in appropriations Acts. 

(c) CONFORMING AMENDMENTS.—Section 13031 of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c), 

as amended by subsections (a) and (b), is further amended— 

(1) in subsection (a), in the matter preceding paragraph 

(1), by inserting ‘‘(subject to adjustment under subsection (l))’’ 

after ‘‘following fees’’; and 

(2) in subsection (b)— 

19 USC 58c note. 

26 USC 6081 

note. 

26 USC 6081 

note. 

26 USC 6306 

note. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1739 

(A) in paragraph (2), by inserting ‘‘(subject to adjustment under subsection (l))’’ after ‘‘in fees’’; 

(B) in paragraph (3), by inserting ‘‘(subject to adjustment under subsection (l))’’ after ‘‘in fees’’; 

(C) in paragraph (5)(A), by inserting ‘‘(subject to adjustment under subsection (l))’’ after ‘‘in fees’’; 

(D) in paragraph (6), by inserting ‘‘(subject to adjustment under subsection (l))’’ after ‘‘in fees’’; 

(E) in paragraph (8)(A)— 

(i) in clause (i), by inserting ‘‘or (l)’’ after ‘‘subsection (a)(9)(B)’’; and 

(ii) in clause (ii), by inserting ‘‘(subject to adjustment under subsection (l))’’ after ‘‘$3’’; and 

(F) in paragraph (9)— 

(i) in subparagraph (A)— 

(I) in the matter preceding clause (i), by 

inserting ‘‘and subject to adjustment under subsection (l)’’ after ‘‘Tariff Act of 1930’’; and 

(II) in clause (ii)(I), by inserting ‘‘(subject to 

adjustment under subsection (l))’’ after ‘‘bill of 

lading’’; and 

(ii) in subparagraph (B)(i), by inserting ‘‘(subject 

to adjustment under subsection (l))’’ after ‘‘bill of 

lading’’. 

SEC. 32202. LIMITATION ON SURPLUS FUNDS OF FEDERAL RESERVE 

BANKS. 

Section 7(a) of the Federal Reserve Act (12 U.S.C. 289(a)) 

is amended by adding at the end the following: 

‘‘(3) LIMITATION ON SURPLUS FUNDS.— 

‘‘(A) IN GENERAL.—The aggregate amount of the surplus funds of the Federal reserve banks may not exceed 

$10,000,000,000. 

‘‘(B) TRANSFER TO THE GENERAL FUND.—Any amounts 

of the surplus funds of the Federal reserve banks that 

exceed, or would exceed, the limitation under subparagraph 

(A) shall be transferred to the Board of Governors of the 

Federal Reserve System for transfer to the Secretary of 

the Treasury for deposit in the general fund of the 

Treasury.’’. 

SEC. 32203. DIVIDENDS OF FEDERAL RESERVE BANKS. 

(a) IN GENERAL.—Section 7(a)(1) of the Federal Reserve Act 

(12 15 U.S.C. 289(a)(1)) is amended— 

(1) by amending subparagraph (A) to read as follows: 

‘‘(A) DIVIDEND AMOUNT.—After all necessary expenses 

of a Federal reserve bank have been paid or provided 

for, the stockholders of the bank shall be entitled to receive 

an annual dividend on paid-in capital stock of— 

‘‘(i) in the case of a stockholder with total consolidated assets of more than $10,000,000,000, the smaller 

of— 

‘‘(I) the rate equal to the high yield of the 

10-year Treasury note auctioned at the last auction 

held prior to the payment of such dividend; and 

‘‘(II) 6 percent; and 


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129 STAT. 1740 PUBLIC LAW 114–94—DEC. 4, 2015 

‘‘(ii) in the case of a stockholder with total consolidated assets of $10,000,000,000 or less, 6 percent.’’; 

and 

(2) by adding at the end the following: 

‘‘(C) INFLATION ADJUSTMENT.—The Board of Governors 

of the Federal Reserve System shall annually adjust the 

dollar amounts of total consolidated assets specified under 

subparagraph (A) to reflect the change in the Gross 

Domestic Product Price Index, published by the Bureau 

of Economic Analysis.’’. 

(b) EFFECTIVE DATE.—The amendments made by subsection 

(a) shall take effect on January 1, 2016. 

SEC. 32204. STRATEGIC PETROLEUM RESERVE DRAWDOWN AND SALE. 

(a) DRAWDOWN AND SALE.— (1) IN GENERAL.—Notwithstanding section 161 of the 

Energy Policy and Conservation Act (42 U.S.C. 6241), except 

as provided in subsections (b) and (c), the Secretary of Energy 

shall drawdown and sell from the Strategic Petroleum 

Reserve— 

(A) the quantity of barrels of crude oil that the Secretary of Energy determines to be appropriate to maximize 

the financial return to United States taxpayers for each 

of fiscal years 2016 and 2017; 

(B) 16,000,000 barrels of crude oil during fiscal year 

2023; 

(C) 25,000,000 barrels of crude oil during fiscal year 

2024; and 

(D) 25,000,000 barrels of crude oil during fiscal year 

2025. 

(2) DEPOSIT OF AMOUNTS RECEIVED FROM SALE.—Amounts 

received from a sale under paragraph (1) shall be deposited 

in the general fund of the Treasury during the fiscal year 

in which the sale occurs. 

(b) EMERGENCY PROTECTION.—The Secretary shall not draw 

down and sell crude oil under this section in quantities that would 

limit the authority to sell petroleum products under section 161(h) 

of the Energy Policy and Conservation Act (42 U.S.C. 6241(h)) 

in the full quantity authorized by that subsection. 

(c) INCREASE; LIMITATION.— (1) INCREASE.—The Secretary of Energy may increase the 

drawdown and sales under subparagraphs (A) through (I) of 

subsection (a)(1) as the Secretary of Energy determines to be 

appropriate to maximize the financial return to United States 

taxpayers. 

(2) LIMITATION.—The Secretary of Energy shall not drawdown or conduct sales of crude oil under this section after 

the date on which a total of $6,200,000,000 has been deposited 

in the general fund of the Treasury from sales authorized 

under this section. 

SEC. 32205. REPEAL. 

Effective as of November 2, 2015, the date of the enactment 

of the Bipartisan Budget Act of 2015 (Public Law 114–74), section 

201 of such Act and the amendments made by such section are 

repealed, and the provisions of law amended by such section are 

hereby restored to appear as if such section had not been enacted 

into law. 

7 USC 1508 and 

note. 

42 USC 6241 

note. 

12 USC 289 note. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1741 

Subtitle C—Outlays 

SEC. 32301. INTEREST ON OVERPAYMENT. 

Section 111 of the Federal Oil and Gas Royalty Management 

Act of 1982 (30 U.S.C. 1721) is amended— 

(1) by striking subsections (h) and (i); 

(2) by redesignating subsections (j) through (l) as subsections (h) through (j), respectively; and 

(3) in subsection (h) (as so redesignated), by striking the 

fourth sentence. 

Subtitle D—Budgetary Effects 

SEC. 32401. BUDGETARY EFFECTS. 

The budgetary effects of this Act shall not be entered on either 

PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010. 

DIVISION D—MISCELLANEOUS 

TITLE XLI—FEDERAL PERMITTING 

IMPROVEMENT 

SEC. 41001. DEFINITIONS. 

In this title: 

(1) AGENCY.—The term ‘‘agency’’ has the meaning given 

the term in section 551 of title 5, United States Code. 

(2) AGENCY CERPO.—The term ‘‘agency CERPO’’ means the 

chief environmental review and permitting officer of an agency, 

as designated by the head of the agency under section 

41002(b)(2)(A)(iii)(I). 

(3) AUTHORIZATION.—The term ‘‘authorization’’ means any 

license, permit, approval, finding, determination, or other 

administrative decision issued by an agency that is required 

or authorized under Federal law in order to site, construct, 

reconstruct, or commence operations of a covered project 

administered by a Federal agency or, in the case of a State 

that chooses to participate in the environmental review and 

authorization process in accordance with section 41003(c)(3)(A), 

a State agency. 

(4) COOPERATING AGENCY.—The term ‘‘cooperating agency’’ 

means any agency with— 

(A) jurisdiction under Federal law; or 

(B) special expertise as described in section 1501.6 

of title 40, Code of Federal Regulations (as in effect on 

the date of enactment of this Act). 

(5) COUNCIL.—The term ‘‘Council’’ means the Federal Infrastructure Permitting Improvement Steering Council established 

under section 41002(a). 

(6) COVERED PROJECT.— 

(A) IN GENERAL.—The term ‘‘covered project’’ means 

any activity in the United States that requires authorization or environmental review by a Federal agency involving 

42 USC 4370m 

note. 


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129 STAT. 1742 PUBLIC LAW 114–94—DEC. 4, 2015 

construction of infrastructure for renewable or conventional 

energy production, electricity transmission, surface 

transportation, aviation, ports and waterways, water 

resource projects, broadband, pipelines, manufacturing, or 

any other sector as determined by a majority vote of the 

Council that— 

(i)(I) is subject to NEPA; 

(II) is likely to require a total investment of more 

than $200,000,000; and 

(III) does not qualify for abbreviated authorization 

or environmental review processes under any 

applicable law; or 

(ii) is subject to NEPA and the size and complexity 

of which, in the opinion of the Council, make the 

project likely to benefit from enhanced oversight and 

coordination, including a project likely to require— 

(I) authorization from or environmental review 

involving more than 2 Federal agencies; or 

(II) the preparation of an environmental 

impact statement under NEPA. 

(B) EXCLUSION.—The term ‘‘covered project’’ does not 

include— 

(i) any project subject to section 139 of title 23, 

United States Code; or 

(ii) any project subject to section 2045 of the Water 

Resources Development Act of 2007 (33 U.S.C. 2348). 

(7) DASHBOARD.—The term ‘‘Dashboard’’ means the Permitting Dashboard required under section 41003(b). 

(8) ENVIRONMENTAL ASSESSMENT.—The term ‘‘environmental assessment’’ means a concise public document for which 

a Federal agency is responsible under section 1508.9 of title 

40, Code of Federal Regulations (or successor regulations). 

(9) ENVIRONMENTAL DOCUMENT.— 

(A) IN GENERAL.—The term ‘‘environmental document’’ 

means an environmental assessment, finding of no significant impact, notice of intent, environmental impact statement, or record of decision. 

(B) INCLUSIONS.—The term ‘‘environmental document’’ 

includes— 

(i) any document that is a supplement to a document described in subparagraph (A); and 

(ii) a document prepared pursuant to a court order. 

(10) ENVIRONMENTAL IMPACT STATEMENT.—The term 

‘‘environmental impact statement’’ means the detailed written 

statement required under section 102(2)(C) of NEPA. 

(11) ENVIRONMENTAL REVIEW.—The term ‘‘environmental 

review’’ means the agency procedures and processes for 

applying a categorical exclusion or for preparing an environmental assessment, an environmental impact statement, or 

other document required under NEPA. 

(12) EXECUTIVE DIRECTOR.—The term ‘‘Executive Director’’ 

means the Executive Director appointed by the President under 

section 41002(b)(1)(A). 

(13) FACILITATING AGENCY.—The term ‘‘facilitating agency’’ 

means the agency that receives the initial notification from 

the project sponsor required under section 41003(a). 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1743 

(14) INVENTORY.—The term ‘‘inventory’’ means the inventory of covered projects established by the Executive Director 

under section 41002(c)(1)(A). 

(15) LEAD AGENCY.—The term ‘‘lead agency’’ means the 

agency with principal responsibility for an environmental 

review of a covered project under NEPA and parts 1500 through 

1508 of title 40, Code of Federal Regulations (or successor 

regulations). 

(16) NEPA.—The term ‘‘NEPA’’ means the National 

Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

(17) PARTICIPATING AGENCY.—The term ‘‘participating 

agency’’ means an agency participating in an environmental 

review or authorization for a covered project in accordance 

with section 41003. 

(18) PROJECT SPONSOR.—The term ‘‘project sponsor’’ means 

an entity, including any private, public, or public-private entity, 

seeking an authorization for a covered project. 

SEC. 41002. FEDERAL PERMITTING IMPROVEMENT COUNCIL. 

(a) ESTABLISHMENT.—There is established the Federal Permitting Improvement Steering Council. 

(b) COMPOSITION.— 

(1) CHAIR.—The Executive Director shall— 

(A) be appointed by the President; and 

(B) serve as Chair of the Council. 

(2) COUNCIL MEMBERS.— 

(A) IN GENERAL.— 

(i) DESIGNATION BY HEAD OF AGENCY.—Each individual listed in subparagraph (B) shall designate a 

member of the agency in which the individual serves 

to serve on the Council. 

(ii) QUALIFICATIONS.—A councilmem-ber described 

in clause (i) shall hold a position in the agency of 

deputy secretary (or the equivalent) or higher. 

(iii) SUPPORT.— (I) IN GENERAL.—Consistent with guidance 

provided by the Director of the Office of Management and Budget, each individual listed in 

subparagraph (B) shall designate 1 or more appropriate members of the agency in which the individual serves to serve as an agency CERPO. 

(II) REPORTING.—In carrying out the duties 

of the agency CERPO under this title, an agency 

CERPO shall report directly to a deputy secretary 

(or the equivalent) or higher. 

(B) HEADS OF AGENCIES.—The individuals that shall 

each designate a councilmember under this subparagraph 

are as follows: 

(i) The Secretary of Agriculture. 

(ii) The Secretary of the Army. 

(iii) The Secretary of Commerce. 

(iv) The Secretary of the Interior. 

(v) The Secretary of Energy. 

(vi) The Secretary of Transportation. 

(vii) The Secretary of Defense. 

(viii) The Administrator of the Environmental 

Protection Agency. 

42 USC 437m–1. 


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129 STAT. 1744 PUBLIC LAW 114–94—DEC. 4, 2015 

(ix) The Chairman of the Federal Energy Regulatory Commission. 

(x) The Chairman of the Nuclear Regulatory 

Commission. 

(xi) The Secretary of Homeland Security. 

(xii) The Secretary of Housing and Urban Development. 

(xiii) The Chairman of the Advisory Council on 

Historic Preservation. 

(xiv) Any other head of a Federal agency that 

the Executive Director may invite to participate as 

a member of the Council. 

(3) ADDITIONAL MEMBERS.—In addition to the members 

listed in paragraphs (1) and (2), the Chairman of the Council 

on Environmental Quality and the Director of the Office of 

Management and Budget shall also be members of the Council. 

(c) DUTIES.— 

(1) EXECUTIVE DIRECTOR.— 

(A) INVENTORY DEVELOPMENT.—The Executive 

Director, in consultation with the Council, shall— 

(i) not later than 180 days after the date of enactment of this Act, establish an inventory of covered 

projects that are pending the environmental review 

or authorization of the head of any Federal agency; 

(ii)(I) categorize the projects in the inventory as 

appropriate, based on sector and project type; and 

(II) for each category, identify the types of environmental reviews and authorizations most commonly 

involved; and 

(iii) add a covered project to the inventory after 

receiving a notice described in section 41003(a)(1). 

(B) FACILITATING AGENCY DESIGNATION.—The Executive Director, in consultation with the Council, shall— 

(i) designate a facilitating agency for each category 

of covered projects described in subparagraph (A)(ii); 

and 

(ii) publish the list of designated facilitating agencies for each category of projects in the inventory on 

the Dashboard in an easily accessible format. 

(C) PERFORMANCE SCHEDULES.— 

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

date of enactment of this Act, the Executive Director, 

in consultation with the Council, shall develop recommended performance schedules, including intermediate and final completion dates, for environmental 

reviews and authorizations most commonly required 

for each category of covered projects described in 

subparagraph (A)(ii). 

(ii) REQUIREMENTS.— 

(I) IN GENERAL.—The performance schedules 

shall reflect employment of the use of the most 

efficient applicable processes, including the alignment of Federal reviews of projects and reduction 

of permitting and project delivery time. 

(II) LIMIT.— (aa) IN GENERAL.—The final completion 

dates in any performance schedule for the 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1745 

completion of an environmental review or 

authorization under clause (i) shall not exceed 

the average time to complete an environmental review or authorization for a project 

within that category. 

(bb) CALCULATION OF AVERAGE TIME.—The 

average time referred to in item (aa) shall 

be calculated on the basis of data from the 

preceding 2 calendar years and shall run from 

the period beginning on the date on which 

the Executive Director must make a specific 

entry for the project on the Dashboard under 

section 41003(b)(2) (except that, for projects 

initiated before that duty takes effect, the 

period beginning on the date of filing of a 

completed application), and ending on the date 

of the issuance of a record of decision or other 

final agency action on the review or authorization. 

(cc) COMPLETION DATE.—Each performance schedule shall specify that any decision 

by an agency on an environmental review or 

authorization must be issued not later than 

180 days after the date on which all information needed to complete the review or 

authorization (including any hearing that an 

agency holds on the matter) is in the possession of the agency. 

(iii) REVIEW AND REVISION.—Not later than 2 years 

after the date on which the performance schedules 

are established under this subparagraph, and not less 

frequently than once every 2 years thereafter, the 

Executive Director, in consultation with the Council, 

shall review and revise the performance schedules. 

(D) GUIDANCE.—The Executive Director, in consultation with the Council, may recommend to the Director 

of the Office of Management and Budget or to the Council 

on Environmental Quality, as appropriate, that guidance 

be issued as necessary for agencies— 

(i) to carry out responsibilities under this title; 

and 

(ii) to effectuate the adoption by agencies of the 

best practices and recommendations of the Council 

described in paragraph (2). 

(2) COUNCIL.— 

(A) RECOMMENDATIONS.— 

(i) IN GENERAL.—The Council shall make recommendations to the Executive Director with respect 

to the designations under paragraph (1)(B) and the 

performance schedules under paragraph (1)(C). 

(ii) UPDATE.—The Council may update the recommendations described in clause (i). 

(B) BEST PRACTICES.—Not later than 1 year after the 

date of enactment of this Act, and not less frequently 

than annually thereafter, the Council shall issue recommendations on the best practices for— 


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129 STAT. 1746 PUBLIC LAW 114–94—DEC. 4, 2015 

(i) enhancing early stakeholder engagement, 

including fully considering and, as appropriate, incorporating recommendations provided in public comments on any proposed covered project; 

(ii) ensuring timely decisions regarding environmental reviews and authorizations, including through 

the development of performance metrics; 

(iii) improving coordination between Federal and 

non-Federal governmental entities, including through 

the development of common data standards and terminology across agencies; 

(iv) increasing transparency; 

(v) reducing information collection requirements 

and other administrative burdens on agencies, project 

sponsors, and other interested parties; 

(vi) developing and making available to applicants 

appropriate geographic information systems and other 

tools; 

(vii) creating and distributing training materials 

useful to Federal, State, tribal, and local permitting 

officials; and 

(viii) addressing other aspects of infrastructure 

permitting, as determined by the Council. 

(C) MEETINGS.—The Council shall meet not less frequently than annually with groups or individuals representing State, tribal, and local governments that are 

engaged in the infrastructure permitting process. 

(3) AGENCY CERPOS.—An agency CERPO shall— 

(A) advise the respective agency councilmember on 

matters related to environmental reviews and authorizations; 

(B) provide technical support, when requested to facilitate efficient and timely processes for environmental 

reviews and authorizations for covered projects under the 

jurisdictional responsibility of the agency, including supporting timely identification and resolution of potential 

disputes within the agency or between the agency and 

other Federal agencies; 

(C) analyze agency environmental review and 

authorization processes, policies, and authorities and make 

recommendations to the respective agency councilmember 

for ways to standardize, simplify, and improve the efficiency 

of the processes, policies, and authorities, including by 

implementing guidance issued under paragraph (1)(D) and 

other best practices, including the use of information technology and geographic information system tools within the 

agency and across agencies, to the extent consistent with 

existing law; and 

(D) review and develop training programs for agency 

staff that support and conduct environmental reviews or 

authorizations. 

(d) ADMINISTRATIVE SUPPORT.—The Director of the Office of 

Management and Budget shall designate a Federal agency, other 

than an agency that carries out or provides support only for projects 

that are not covered projects, to provide administrative support 

for the Executive Director, and the designated agency shall, as 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1747 

reasonably necessary, provide support and staff to enable the Executive Director to fulfill the duties of the Executive Director under 

this title. 

SEC. 41003. PERMITTING PROCESS IMPROVEMENT. 

(a) PROJECT INITIATION AND DESIGNATION OF PARTICIPATING

AGENCIES.— 

(1) NOTICE.— (A) IN GENERAL.—A project sponsor of a covered project 

shall submit to the Executive Director and the facilitating 

agency notice of the initiation of a proposed covered project. 

(B) DEFAULT DESIGNATION.—If, at the time of submission of the notice under subparagraph (A), the Executive 

Director has not designated a facilitating agency under 

section 41002(c)(1)(B) for the categories of projects noticed, 

the agency that receives the notice under subparagraph 

(A) shall be designated as the facilitating agency. 

(C) CONTENTS.—Each notice described in subparagraph 

(A) shall include— 

(i) a statement of the purposes and objectives of 

the proposed project; 

(ii) a concise description, including the general 

location of the proposed project and a summary of 

geospatial information, if available, illustrating the 

project area and the locations, if any, of environmental, 

cultural, and historic resources; 

(iii) a statement regarding the technical and financial ability of the project sponsor to construct the proposed project; 

(iv) a statement of any Federal financing, environmental reviews, and authorizations anticipated to be 

required to complete the proposed project; and 

(v) an assessment that the proposed project meets 

the definition of a covered project under section 41001 

and a statement of reasons supporting the assessment. 

(2) INVITATION.— 

(A) IN GENERAL.—Not later than 45 days after the 

date on which the Executive Director must make a specific 

entry for the project on the Dashboard under subsection 

(b)(2)(A), the facilitating agency or lead agency, as 

applicable, shall— 

(i) identify all Federal and non-Federal agencies 

and governmental entities likely to have financing, 

environmental review, authorization, or other responsibilities with respect to the proposed project; and 

(ii) invite all Federal agencies identified under 

clause (i) to become a participating agency or a cooperating agency, as appropriate, in the environmental 

review and authorization management process 

described in section 41005. 

(B) DEADLINES.—Each invitation made under subparagraph (A) shall include a deadline for a response to be 

submitted to the facilitating or lead agency, as applicable. 

(3) PARTICIPATING AND COOPERATING AGENCIES.— 

(A) IN GENERAL.—An agency invited under paragraph 

(2) shall be designated as a participating or cooperating 

agency for a covered project, unless the agency informs 

42 USC 

4370m–2. 


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129 STAT. 1748 PUBLIC LAW 114–94—DEC. 4, 2015 

the facilitating or lead agency, as applicable, in writing 

before the deadline under paragraph (2)(B) that the 

agency— 

(i) has no jurisdiction or authority with respect 

to the proposed project; or 

(ii) does not intend to exercise authority related 

to, or submit comments on, the proposed project. 

(B) CHANGED CIRCUMSTANCES.—On request and a 

showing of changed circumstances, the Executive Director 

may designate an agency that has opted out under subparagraph (A)(ii) to be a participating or cooperating agency, 

as appropriate. 

(4) EFFECT OF DESIGNATION.—The designation described 

in paragraph (3) shall not— 

(A) give the participating agency authority or jurisdiction over the covered project; or 

(B) expand any jurisdiction or authority a cooperating 

agency may have over the proposed project. 

(5) LEAD AGENCY DESIGNATION.— 

(A) IN GENERAL.—On establishment of the lead agency, 

the lead agency shall assume the responsibilities of the 

facilitating agency under this title. 

(B) REDESIGNATION OF FACILITATING AGENCY.—If the 

lead agency assumes the responsibilities of the facilitating 

agency under subparagraph (A), the facilitating agency may 

be designated as a cooperative or participating agency. 

(6) CHANGE OF FACILITATING OR LEAD AGENCY.— 

(A) IN GENERAL.—On the request of a participating 

agency or project sponsor, the Executive Director may designate a different agency as the facilitating or lead agency, 

as applicable, for a covered project, if the facilitating or 

lead agency or the Executive Director receives new information regarding the scope or nature of a covered project 

that indicates that the project should be placed in a different category under section 41002(c)(1)(B). 

(B) RESOLUTION OF DISPUTE.—The Chairman of the 

Council on Environmental Quality shall resolve any dispute 

over designation of a facilitating or lead agency for a particular covered project. 

(b) PERMITTING DASHBOARD.— 

(1) REQUIREMENT TO MAINTAIN.— 

(A) IN GENERAL.—The Executive Director, in coordination with the Administrator of General Services, shall 

maintain an online database to be known as the ‘‘Permitting Dashboard’’ to track the status of Federal environmental reviews and authorizations for any covered project 

in the inventory described in section 41002(c)(1)(A). 

(B) SPECIFIC AND SEARCHABLE ENTRY.—The Dashboard 

shall include a specific and searchable entry for each covered project. 

(2) ADDITIONS.— (A) IN GENERAL.— 

(i) EXISTING PROJECTS.—Not later than 14 days 

after the date on which the Executive Director adds 

a project to the inventory under section 41002(c)(1)(A), 

the Executive Director shall create a specific entry 

on the Dashboard for the covered project. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1749 

(ii) NEW PROJECTS.—Not later than 14 days after 

the date on which the Executive Director receives a 

notice under subsection (a)(1), the Executive Director 

shall create a specific entry on the Dashboard for the 

covered project, unless the Executive Director, facilitating agency, or lead agency, as applicable, determines 

that the project is not a covered project. 

(B) EXPLANATION.—If the facilitating agency or lead 

agency, as applicable, determines that the project is not 

a covered project, the project sponsor may submit a further 

explanation as to why the project is a covered project 

not later than 14 days after the date of the determination 

under subparagraph (A). 

(C) FINAL DETERMINATION.—Not later than 14 days 

after receiving an explanation described in subparagraph 

(B), the Executive Director shall— 

(i) make a final and conclusive determination as 

to whether the project is a covered project; and 

(ii) if the Executive Director determines that the 

project is a covered project, create a specific entry 

on the Dashboard for the covered project. 

(3) POSTINGS BY AGENCIES.— 

(A) IN GENERAL.—For each covered project added to 

the Dashboard under paragraph (2), the facilitating or lead 

agency, as applicable, and each cooperating and participating agency shall post to the Dashboard— 

(i) a hyperlink that directs to a website that contains, to the extent consistent with applicable law— 

(I) the notification submitted under subsection 

(a)(1); 

(II)(aa) where practicable, the application and 

supporting documents, if applicable, that have 

been submitted by a project sponsor for any 

required environmental review or authorization; 

or 

(bb) a notice explaining how the public may 

obtain access to such documents; 

(III) a description of any Federal agency action 

taken or decision made that materially affects the 

status of a covered project; 

(IV) any significant document that supports 

the action or decision described in subclause (III); 

and 

(V) a description of the status of any litigation 

to which the agency is a party that is directly 

related to the project, including, if practicable, any 

judicial document made available on an electronic 

docket maintained by a Federal, State, or local 

court; and 

(ii) any document described in clause (i) that is 

not available by hyperlink on another website. 

(B) DEADLINE.—The information described in subparagraph (A) shall be posted to the website made available 

by hyperlink on the Dashboard not later than 5 business 

days after the date on which the Federal agency receives 

the information. 


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129 STAT. 1750 PUBLIC LAW 114–94—DEC. 4, 2015 

(4) POSTINGS BY THE EXECUTIVE DIRECTOR.—The Executive 

Director shall publish to the Dashboard— 

(A) the permitting timetable established under 

subparagraph (A) or (C) of subsection (c)(2); 

(B) the status of the compliance of each agency with 

the permitting timetable; 

(C) any modifications of the permitting timetable; 

(D) an explanation of each modification described in 

subparagraph (C); and 

(E) any memorandum of understanding established 

under subsection (c)(3)(B). 

(c) COORDINATION AND TIMETABLES.— 

(1) COORDINATED PROJECT PLAN.— 

(A) IN GENERAL.—Not later than 60 days after the 

date on which the Executive Director must make a specific 

entry for the project on the Dashboard under subsection 

(b)(2)(A), the facilitating or lead agency, as applicable, in 

consultation with each coordinating and participating 

agency, shall establish a concise plan for coordinating 

public and agency participation in, and completion of, any 

required Federal environmental review and authorization 

for the project. 

(B) REQUIRED INFORMATION.—The Coordinated Project 

Plan shall include the following information and be updated 

by the facilitating or lead agency, as applicable, at least 

once per quarter: 

(i) A list of, and roles and responsibilities for, 

all entities with environmental review or authorization 

responsibility for the project. 

(ii) A permitting timetable, as described in paragraph (2), setting forth a comprehensive schedule of 

dates by which all environmental reviews and 

authorizations, and to the maximum extent practicable, 

State permits, reviews and approvals must be made. 

(iii) A discussion of potential avoidance, minimization, and mitigation strategies, if required by applicable 

law and known. 

(iv) Plans and a schedule for public and tribal 

outreach and coordination, to the extent required by 

applicable law. 

(C) MEMORANDUM OF UNDERSTANDING.—The coordinated project plan described in subparagraph (A) may be 

incorporated into a memorandum of understanding. 

(2) PERMITTING TIMETABLE.— 

(A) ESTABLISHMENT.—As part of the coordination 

project plan under paragraph (1), the facilitating or lead 

agency, as applicable, in consultation with each cooperating 

and participating agency, the project sponsor, and any State 

in which the project is located, and, subject to subparagraph 

(C), with the concurrence of each cooperating agency, shall 

establish a permitting timetable that includes intermediate 

and final completion dates for action by each participating 

agency on any Federal environmental review or authorization required for the project. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1751 

(B) FACTORS FOR CONSIDERATION.—In establishing the 

permitting timetable under subparagraph (A), the facilitating or lead agency shall follow the performance schedules established under section 41002(c)(1)(C), but may vary 

the timetable based on relevant factors, including— 

(i) the size and complexity of the covered project; 

(ii) the resources available to each participating 

agency; 

(iii) the regional or national economic significance 

of the project; 

(iv) the sensitivity of the natural or historic 

resources that may be affected by the project; 

(v) the financing plan for the project; and 

(vi) the extent to which similar projects in 

geographic proximity to the project were recently subject to environmental review or similar procedures 

under State law. 

(C) DISPUTE RESOLUTION.— 

(i) IN GENERAL.—The Executive Director, in consultation with appropriate agency CERPOs and the 

project sponsor, shall, as necessary, mediate any disputes regarding the permitting timetable referred to 

under subparagraph (A). 

(ii) DISPUTES.—If a dispute remains unresolved 

30 days after the date on which the dispute was submitted to the Executive Director, the Director of the 

Office of Management and Budget, in consultation with 

the Chairman of the Council on Environmental 

Quality, shall facilitate a resolution of the dispute and 

direct the agencies party to the dispute to resolve 

the dispute by the end of the 60-day period beginning 

on the date of submission of the dispute to the Executive Director. 

(iii) FINAL RESOLUTION.—Any action taken by the 

Director of the Office of Management and Budget in 

the resolution of a dispute under clause (ii) shall— 

(I) be final and conclusive; and 

(II) not be subject to judicial review. 

(D) MODIFICATION AFTER APPROVAL.— 

(i) IN GENERAL.—The facilitating or lead agency, 

as applicable, may modify a permitting timetable established under subparagraph (A) only if— 

(I) the facilitating or lead agency, as 

applicable, and the affected cooperating agencies, 

after consultation with the participating agencies 

and the project sponsor, agree to a different 

completion date; 

(II) the facilitating agency or lead agency, as 

applicable, or the affected cooperating agency provides a written justification for the modification; 

and 

(III) in the case of a modification that would 

necessitate an extension of a final completion date 

under a permitting timetable established under 

subparagraph (A) to a date more than 30 days 

after the final completion date originally established under subparagraph (A), the facilitating or 


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129 STAT. 1752 PUBLIC LAW 114–94—DEC. 4, 2015 

lead agency submits a request to modify the 

permitting timetable to the Executive Director, 

who shall consult with the project sponsor and 

make a determination on the record, based on 

consideration of the relevant factors described 

under subparagraph (B), whether to grant the 

facilitating or lead agency, as applicable, authority 

to make such modification. 

(ii) COMPLETION DATE.—A completion date in the 

permitting timetable may not be modified within 30 

days of the completion date. 

(iii) LIMITATION ON LENGTH OF MODIFICATIONS.— (I) IN GENERAL.—Except as provided in subclause (II), the total length of all modifications 

to a permitting timetable authorized or made 

under this subparagraph, other than for reasons 

outside the control of Federal, State, local, or tribal 

governments, may not extend the permitting timetable for a period of time greater than half of 

the amount of time from the establishment of the 

permitting timetable under subparagraph (A) to 

the last final completion date originally established 

under subparagraph (A). 

(II) ADDITIONAL EXTENSIONS.—The Director of 

the Office of Management and Budget, after consultation with the project sponsor, may permit the 

Executive Director to authorize additional extensions of a permitting timetable beyond the limit 

prescribed by subclause (I). In such a case, the 

Director of the Office of Management and Budget 

shall transmit, not later than 5 days after making 

a determination to permit an authorization of 

extension under this subclause, a report to Congress explaining why such modification is required. 

Such report shall explain to Congress with specificity why the original permitting timetable and 

the modifications authorized by the Executive 

Director failed to be adequate. The lead or facilitating agency, as applicable, shall transmit to Congress, the Director of the Office of Management 

and Budget, and the Executive Director a supplemental report on progress toward the final completion date each year thereafter, until the permit 

review is completed or the project sponsor withdraws its notice or application or other request 

to which this title applies under section 41010. 

(iv) LIMITATION ON JUDICIAL REVIEW.—The following shall not be subject to judicial review: 

(I) A determination by the Executive Director 

under clause (i)(III). 

(II) A determination under clause (iii)(II) by 

the Director of the Office of Management and 

Budget to permit the Executive Director to 

authorize extensions of a permitting timetable. 

(E) CONSISTENCY WITH OTHER TIME PERIODS.—A 

permitting timetable established under subparagraph (A) 

shall be consistent with any other relevant time periods 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1753 

established under Federal law and shall not prevent any 

cooperating or participating agency from discharging any 

obligation under Federal law in connection with the project. 

(F) CONFORMING TO PERMITTING TIMETABLES.— (i) IN GENERAL.—Each Federal agency shall conform to the completion dates set forth in the permitting 

timetable established under subparagraph (A), or with 

any completion date modified under subparagraph (D). 

(ii) FAILURE TO CONFORM.—If a Federal agency 

fails to conform with a completion date for agency 

action on a covered project or is at significant risk 

of failing to conform with such a completion date, 

the agency shall— 

(I) promptly submit to the Executive Director 

for publication on the Dashboard an explanation 

of the specific reasons for failing or significantly 

risking failing to conform to the completion date 

and a proposal for an alternative completion date; 

(II) in consultation with the facilitating or lead 

agency, as applicable, establish an alternative 

completion date; and 

(III) each month thereafter until the agency 

has taken final action on the delayed authorization 

or review, submit to the Executive Director for 

posting on the Dashboard a status report 

describing any agency activity related to the 

project. 

(G) ABANDONMENT OF COVERED PROJECT.— 

(i) IN GENERAL.—If the facilitating or lead agency, 

as applicable, has a reasonable basis to doubt the 

continuing technical or financial ability of the project 

sponsor to construct the covered project, the facilitating 

or lead agency may request the project sponsor provide 

an updated statement regarding the ability of the 

project sponsor to complete the project. 

(ii) FAILURE TO RESPOND.—If the project sponsor 

fails to respond to a request described in clause (i) 

by the date that is 30 days after receiving the request, 

the lead or facilitating agency, as applicable, shall 

notify the Executive Director, who shall publish an 

appropriate notice on the Dashboard. 

(iii) PUBLICATION TO DASHBOARD.—On publication 

of a notice under clause (ii), the completion dates in 

the permitting timetable shall be tolled and agencies 

shall be relieved of the obligation to comply with 

subparagraph (F) until such time as the project sponsor 

submits to the facilitating or lead agency, as applicable, 

an updated statement regarding the technical and 

financial ability of the project sponsor to construct 

the project. 

(3) COOPERATING STATE, LOCAL, OR TRIBAL GOVERNMENTS.— (A) STATE AUTHORITY.—If the Federal environmental 

review is being implemented within the boundaries of a 

State, the State, consistent with State law, may choose 

to participate in the environmental review and authorization process under this subsection and to make subject 

to the process all State agencies that— 


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129 STAT. 1754 PUBLIC LAW 114–94—DEC. 4, 2015 

(i) have jurisdiction over the covered project; 

(ii) are required to conduct or issue a review, analysis, opinion, or statement for the covered project; or 

(iii) are required to make a determination on 

issuing a permit, license, or other approval or decision 

for the covered project. 

(B) COORDINATION.—To the maximum extent practicable under applicable law, the facilitating or lead agency, 

as applicable, shall coordinate the Federal environmental 

review and authorization processes under this subsection 

with any State, local, or tribal agency responsible for conducting any separate review or authorization of the covered 

project to ensure timely and efficient completion of environmental reviews and authorizations. 

(C) MEMORANDUM OF UNDERSTANDING.— (i) IN GENERAL.—Any coordination plan between 

the facilitating or lead agency, as applicable, and any 

State, local, or tribal agency shall, to the maximum 

extent practicable, be included in a memorandum of 

understanding. 

(ii) SUBMISSION TO EXECUTIVE DIRECTOR.—The 

facilitating or lead agency, as applicable, shall submit 

to the Executive Director each memorandum of understanding described in clause (i). 

(D) APPLICABILITY.—The requirements under this title 

shall only apply to a State or an authorization issued 

by a State if the State has chosen to participate in the 

environmental review and authorization process pursuant 

to this paragraph. 

(d) EARLY CONSULTATION.—The facilitating or lead agency, as 

applicable, shall provide an expeditious process for project sponsors 

to confer with each cooperating and participating agency involved 

and, not later than 60 days after the date on which the project 

sponsor submits a request under this subsection, to have each 

such agency provide to the project sponsor information concerning— 

(1) the availability of information and tools, including preapplication toolkits, to facilitate early planning efforts; 

(2) key issues of concern to each agency and to the public; 

and 

(3) issues that must be addressed before an environmental 

review or authorization can be completed. 

(e) COOPERATING AGENCY.— 

(1) IN GENERAL.—A lead agency may designate a participating agency as a cooperating agency in accordance with part 

1501 of title 40, Code of Federal Regulations (or successor 

regulations). 

(2) EFFECT ON OTHER DESIGNATION.—The designation 

described in paragraph (1) shall not affect any designation 

under subsection (a)(3). 

(3) LIMITATION ON DESIGNATION.—Any agency not designated as a participating agency under subsection (a)(3) shall 

not be designated as a cooperating agency under paragraph 

(1). 

(f) REPORTING STATUS OF OTHER PROJECTS ON DASHBOARD.— 

(1) IN GENERAL.—On request of the Executive Director, 

the Secretary and the Secretary of the Army shall use best 

efforts to provide information for inclusion on the Dashboard 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1755 

on projects subject to section 139 of title 23, United States 

Code, and section 2045 of the Water Resources Development 

Act of 2007 (33 U.S.C. 2348) likely to require— (A) a total investment of more than $200,000,000; and 

(B) an environmental impact statement under NEPA. 

(2) EFFECT OF INCLUSION ON DASHBOARD.—Inclusion on 

the Dashboard of information regarding projects subject to section 139 of title 23, United States Code, or section 2045 of 

the Water Resources Development Act of 2007 (33 U.S.C. 2348) 

shall not subject those projects to any requirements of this 

title. 

SEC. 41004. INTERSTATE COMPACTS. 

(a) IN GENERAL.—The consent of Congress is given for 3 or 

more contiguous States to enter into an interstate compact establishing regional infrastructure development agencies to facilitate 

authorization and review of covered projects, under State law or 

in the exercise of delegated permitting authority described under 

section 41006, that will advance infrastructure development, 

production, and generation within the States that are parties to 

the compact. 

(b) REGIONAL INFRASTRUCTURE.—For the purpose of this title, 

a regional infrastructure development agency referred to in subsection (a) shall have the same authorities and responsibilities 

of a State agency. 

SEC. 41005. COORDINATION OF REQUIRED REVIEWS. 

(a) CONCURRENT REVIEWS.—To integrate environmental 

reviews and authorizations, each agency shall, to the maximum 

extent practicable— 

(1) carry out the obligations of the agency with respect 

to a covered project under any other applicable law concurrently, and in conjunction with, other environmental reviews 

and authorizations being conducted by other cooperating or 

participating agencies, including environmental reviews and 

authorizations required under NEPA, unless the agency determines that doing so would impair the ability of the agency 

to carry out the statutory obligations of the agency; and 

(2) formulate and implement administrative, policy, and 

procedural mechanisms to enable the agency to ensure completion of the environmental review process in a timely, coordinated, and environmentally responsible manner. 

(b) ADOPTION, INCORPORATION BY REFERENCE, AND USE OF

DOCUMENTS.— (1) STATE ENVIRONMENTAL DOCUMENTS; SUPPLEMENTAL

DOCUMENTS.— (A) USE OF EXISTING DOCUMENTS.— (i) IN GENERAL.—On the request of a project 

sponsor, a lead agency shall consider and, as appropriate, adopt or incorporate by reference, the analysis 

and documentation that has been prepared for a covered project under State laws and procedures as the 

documentation, or part of the documentation, required 

to complete an environmental review for the covered 

project, if the analysis and documentation were, as 

determined by the lead agency in consultation with 

the Council on Environmental Quality, prepared under 

circumstances that allowed for opportunities for public 

42 USC 

4370m–4. 

42 USC 

4370m–3. 


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129 STAT. 1756 PUBLIC LAW 114–94—DEC. 4, 2015 

participation and consideration of alternatives, 

environmental consequences, and other required analyses that are substantially equivalent to what would 

have been available had the documents and analysis 

been prepared by a Federal agency pursuant to NEPA. 

(ii) GUIDANCE BY CEQ.—The Council on Environmental Quality may issue guidance to carry out this 

subsection. 

(B) NEPA OBLIGATIONS.—An environmental document 

adopted under subparagraph (A) or a document that 

includes documentation incorporated under subparagraph 

(A) may serve as the documentation required for an 

environmental review or a supplemental environmental 

review required to be prepared by a lead agency under 

NEPA. 

(C) SUPPLEMENTATION OF STATE DOCUMENTS.—If the 

lead agency adopts or incorporates analysis and documentation described in subparagraph (A), the lead agency shall 

prepare and publish a supplemental document if the lead 

agency determines that during the period after preparation 

of the analysis and documentation and before the adoption 

or incorporation— 

(i) a significant change has been made to the covered project that is relevant for purposes of environmental review of the project; or 

(ii) there has been a significant circumstance or 

new information has emerged that is relevant to the 

environmental review for the covered project. 

(D) COMMENTS.—If a lead agency prepares and publishes a supplemental document under subparagraph (C), 

the lead agency shall solicit comments from other agencies 

and the public on the supplemental document for a period 

of not more than 45 days, beginning on the date on which 

the supplemental document is published, unless— 

(i) the lead agency, the project sponsor, and any 

cooperating agency agree to a longer deadline; or 

(ii) the lead agency extends the deadline for good 

cause. 

(E) NOTICE OF OUTCOME OF ENVIRONMENTAL REVIEW.— 

A lead agency shall issue a record of decision or finding 

of no significant impact, as appropriate, based on the document adopted under subparagraph (A) and any supplemental document prepared under subparagraph (C). 

(c) ALTERNATIVES ANALYSIS.— 

(1) PARTICIPATION.— 

(A) IN GENERAL.—As early as practicable during the 

environmental review, but not later than the commencement of scoping for a project requiring the preparation 

of an environmental impact statement, the lead agency 

shall engage the cooperating agencies and the public to 

determine the range of reasonable alternatives to be considered for a covered project. 

(B) DETERMINATION.—The determination under 

subparagraph (A) shall be completed not later than the 

completion of scoping. 

(2) RANGE OF ALTERNATIVES.— 


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(A) IN GENERAL.—Following participation under paragraph (1) and subject to subparagraph (B), the lead agency 

shall determine the range of reasonable alternatives for 

consideration in any document that the lead agency is 

responsible for preparing for the covered project. 

(B) ALTERNATIVES REQUIRED BY LAW.—In determining 

the range of alternatives under subparagraph (A), the lead 

agency shall include all alternatives required to be considered by law. 

(3) METHODOLOGIES.— (A) IN GENERAL.—The lead agency shall determine, 

in collaboration with each cooperating agency at appropriate times during the environmental review, the methodologies to be used and the level of detail required in 

the analysis of each alternative for a covered project. 

(B) ENVIRONMENTAL REVIEW.—A cooperating agency 

shall use the methodologies referred to in subparagraph 

(A) when conducting any required environmental review, 

to the extent consistent with existing law. 

(4) PREFERRED ALTERNATIVE.—With the concurrence of the 

cooperating agencies with jurisdiction under Federal law and 

at the discretion of the lead agency, the preferred alternative 

for a project, after being identified, may be developed to a 

higher level of detail than other alternatives to facilitate the 

development of mitigation measures or concurrent compliance 

with other applicable laws if the lead agency determines that 

the development of the higher level of detail will not prevent— 

(A) the lead agency from making an impartial decision 

as to whether to accept another alternative that is being 

considered in the environmental review; and 

(B) the public from commenting on the preferred and 

other alternatives. 

(d) ENVIRONMENTAL REVIEW COMMENTS.— 

(1) COMMENTS ON DRAFT ENVIRONMENTAL IMPACT STATEMENT.—For comments by an agency or the public on a draft 

environmental impact statement, the lead agency shall establish a comment period of not less than 45 days and not more 

than 60 days after the date on which a notice announcing 

availability of the environmental impact statement is published 

in the Federal Register, unless— 

(A) the lead agency, the project sponsor, and any 

cooperating agency agree to a longer deadline; or 

(B) the lead agency, in consultation with each cooperating agency, extends the deadline for good cause. 

(2) OTHER REVIEW AND COMMENT PERIODS.—For all other 

review or comment periods in the environmental review process 

described in parts 1500 through 1508 of title 40, Code of Federal 

Regulations (or successor regulations), the lead agency shall 

establish a comment period of not more than 45 days after 

the date on which the materials on which comment is requested 

are made available, unless— 

(A) the lead agency, the project sponsor, and any 

cooperating agency agree to a longer deadline; or 

(B) the lead agency extends the deadline for good cause. 

(e) ISSUE IDENTIFICATION AND RESOLUTION.— (1) COOPERATION.—The lead agency and each cooperating 

and participating agency shall work cooperatively in accordance 


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129 STAT. 1758 PUBLIC LAW 114–94—DEC. 4, 2015 

with this section to identify and resolve issues that could delay 

completion of an environmental review or an authorization 

required for the project under applicable law or result in the 

denial of any approval under applicable law. 

(2) LEAD AGENCY RESPONSIBILITIES.— (A) IN GENERAL.—The lead agency shall make information available to each cooperating and participating agency 

and project sponsor as early as practicable in the environmental review regarding the environmental, historic, and 

socioeconomic resources located within the project area and 

the general locations of the alternatives under consideration. 

(B) SOURCES OF INFORMATION.—The information 

described in subparagraph (A) may be based on existing 

data sources, including geographic information systems 

mapping. 

(3) COOPERATING AND PARTICIPATING AGENCY RESPONSIBIL- ITIES.—Each cooperating and participating agency shall— 

(A) identify, as early as practicable, any issues of concern regarding any potential environmental impacts of the 

covered project, including any issues that could substantially delay or prevent an agency from completing any 

environmental review or authorization required for the 

project; and 

(B) communicate any issues described in subparagraph 

(A) to the project sponsor. 

(f) CATEGORIES OF PROJECTS.—The authorities granted under 

this section may be exercised for an individual covered project 

or a category of covered projects. 

SEC. 41006. DELEGATED STATE PERMITTING PROGRAMS. 

(a) IN GENERAL.—If a Federal statute permits a Federal agency 

to delegate to or otherwise authorize a State to issue or otherwise 

administer a permit program in lieu of the Federal agency, the 

Federal agency with authority to carry out the statute shall— 

(1) on publication by the Council of best practices under 

section 41002(c)(2)(B), initiate a national process, with public 

participation, to determine whether and the extent to which 

any of the best practices are generally applicable on a 

delegation- or authorization-wide basis to permitting under the 

statute; and 

(2) not later than 2 years after the date of enactment 

of this Act, make model recommendations for State modifications of the applicable permit program to reflect the best practices described in section 41002(c)(2)(B), as appropriate. 

(b) BEST PRACTICES.—Lead and cooperating agencies may share 

with State, tribal, and local authorities best practices involved 

in review of covered projects and invite input from State, tribal, 

and local authorities regarding best practices. 

SEC. 41007. LITIGATION, JUDICIAL REVIEW, AND SAVINGS PROVISION. 

(a) LIMITATIONS ON CLAIMS.— 

(1) IN GENERAL.—Notwithstanding any other provision of 

law, a claim arising under Federal law seeking judicial review 

of any authorization issued by a Federal agency for a covered 

project shall be barred unless— 

(A) the action is filed not later than 2 years after 

the date of publication in the Federal Register of the final 

42 USC 

4370m–6. 

42 USC 

4370m–5. 


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record of decision or approval or denial of a permit, unless 

a shorter time is specified in the Federal law under which 

judicial review is allowed; and 

(B) in the case of an action pertaining to an environmental review conducted under NEPA— 

(i) the action is filed by a party that submitted 

a comment during the environmental review; and 

(ii) any commenter filed a sufficiently detailed comment so as to put the lead agency on notice of the 

issue on which the party seeks judicial review, or the 

lead agency did not provide a reasonable opportunity 

for such a comment on that issue. 

(2) NEW INFORMATION.— 

(A) IN GENERAL.—The head of a lead agency or participating agency shall consider new information received after 

the close of a comment period if the information satisfies 

the requirements under regulations implementing NEPA. 

(B) SEPARATE ACTION.—If Federal law requires the 

preparation of a supplemental environmental impact statement or other supplemental environmental document, the 

preparation of such document shall be considered a separate final agency action and the deadline for filing a claim 

for judicial review of the agency action shall be 2 years 

after the date on which a notice announcing the final 

agency action is published in the Federal Register, unless 

a shorter time is specified in the Federal law under which 

judicial review is allowed. 

(3) RULE OF CONSTRUCTION.—Nothing in this subsection 

creates a right to judicial review or places any limit on filing 

a claim that a person has violated the terms of an authorization. 

(b) PRELIMINARY INJUNCTIVE RELIEF.—In addition to considering any other applicable equitable factors, in any action seeking 

a temporary restraining order or preliminary injunction against 

an agency or a project sponsor in connection with review or 

authorization of a covered project, the court shall— 

(1) consider the potential effects on public health, safety, 

and the environment, and the potential for significant negative 

effects on jobs resulting from an order or injunction; and 

(2) not presume that the harms described in paragraph 

(1) are reparable. 

(c) JUDICIAL REVIEW.—Except as provided in subsection (a), 

nothing in this title affects the reviewability of any final Federal 

agency action in a court of competent jurisdiction. 

(d) SAVINGS CLAUSE.—Nothing in this title— 

(1) supersedes, amends, or modifies any Federal statute 

or affects the responsibility of any Federal officer to comply 

with or enforce any statute; or 

(2) creates a presumption that a covered project will be 

approved or favorably reviewed by any agency. 

(e) LIMITATIONS.—Nothing in this section preempts, limits, or 

interferes with— 

(1) any practice of seeking, considering, or responding to 

public comment; or 

(2) any power, jurisdiction, responsibility, or authority that 

a Federal, State, or local governmental agency, metropolitan 

planning organization, Indian tribe, or project sponsor has with 


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129 STAT. 1760 PUBLIC LAW 114–94—DEC. 4, 2015 

respect to carrying out a project or any other provisions of 

law applicable to any project, plan, or program. 

SEC. 41008. REPORTS. 

(a) REPORT TO CONGRESS.— (1) IN GENERAL.—Not later than April 15 of each year 

for 10 years beginning on the date of enactment of this Act, 

the Executive Director shall submit to Congress a report 

detailing the progress accomplished under this title during 

the previous fiscal year. 

(2) CONTENTS.—The report described in paragraph (1) shall 

assess the performance of each participating agency and lead 

agency based on the best practices described in section 

41002(c)(2)(B), including— 

(A) agency progress in making improvements consistent with those best practices; and 

(B) agency compliance with the performance schedules 

established under section 41002(c)(1)(C). 

(3) OPPORTUNITY TO INCLUDE COMMENTS.—Each 

councilmember, with input from the respective agency CERPO, 

shall have the opportunity to include comments concerning 

the performance of the agency in the report described in paragraph (1). 

(b) COMPTROLLER GENERAL REPORT.—Not later than 3 years 

after the date of enactment of this Act, the Comptroller General 

of the United States shall submit to Congress a report that 

describes— 

(1) agency progress in making improvements consistent 

with the best practices issued under section 41002(c)(2)(B); 

and 

(2) agency compliance with the performance schedules 

established under section 41002(c)(1)(C). 

SEC. 41009. FUNDING FOR GOVERNANCE, OVERSIGHT, AND PROCESSING OF ENVIRONMENTAL REVIEWS AND PERMITS. 

(a) IN GENERAL.—The heads of agencies listed in section 

41002(b)(2)(B), with the guidance of the Director of the Office of 

Management and Budget and in consultation with the Executive 

Director, may, after public notice and opportunity for comment, 

issue regulations establishing a fee structure for project proponents 

to reimburse the United States for reasonable costs incurred in 

conducting environmental reviews and authorizations for covered 

projects. 

(b) REASONABLE COSTS.—As used in this section, the term 

‘‘reasonable costs’’ shall include costs to implement the requirements 

and authorities required under sections 41002 and 41003, including 

the costs to agencies and the costs of operating the Council. 

(c) FEE STRUCTURE.—The fee structure established under subsection (a) shall— 

(1) be developed in consultation with affected project proponents, industries, and other stakeholders; 

(2) exclude parties for which the fee would impose an 

undue financial burden or is otherwise determined to be 

inappropriate; and 

(3) be established in a manner that ensures that the aggregate amount of fees collected for a fiscal year is estimated 

not to exceed 20 percent of the total estimated costs for the 

fiscal year for the resources allocated for the conduct of the 

42 USC 

4370m–8. 

42 USC 

4370m–7. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1761 

environmental reviews and authorizations covered by this title, 

as determined by the Director of the Office of Management 

and Budget. 

(d) ENVIRONMENTAL REVIEW AND PERMITTING IMPROVEMENT

FUND.— (1) IN GENERAL.—All amounts collected pursuant to this 

section shall be deposited into a separate fund in the Treasury 

of the United States to be known as the ‘‘Environmental Review 

Improvement Fund’’ (referred to in this section as the ‘‘Fund’’). 

(2) AVAILABILITY.—Amounts in the Fund shall be available 

to the Executive Director, without appropriation or fiscal year 

limitation, solely for the purposes of administering, implementing, and enforcing this title, including the expenses of 

the Council. 

(3) TRANSFER.—The Executive Director, with the approval 

of the Director of the Office of Management and Budget, may 

transfer amounts in the Fund to other agencies to facilitate 

timely and efficient environmental reviews and authorizations 

for proposed covered projects. 

(e) EFFECT ON PERMITTING.—The regulations adopted pursuant 

to subsection (a) shall ensure that the use of funds accepted under 

subsection (d) will not impact impartial decision-making with 

respect to environmental reviews or authorizations, either substantively or procedurally. 

(f) TRANSFER OF APPROPRIATED FUNDS.— 

(1) IN GENERAL.—The heads of agencies listed in section 

41002(b)(2)(B) shall have the authority to transfer, in accordance with section 1535 of title 31, United States Code, funds 

appropriated to those agencies and not otherwise obligated 

to other affected Federal agencies for the purpose of implementing the provisions of this title. 

(2) LIMITATION.—Appropriations under title 23, United 

States Code and appropriations for the civil works program 

of the Army Corps of Engineers shall not be available for 

transfer under paragraph (1). 

SEC. 41010. APPLICATION. 

This title applies to any covered project for which— 

(1) a notice is filed under section 41003(a)(1); or 

(2) an application or other request for a Federal authorization is pending before a Federal agency 90 days after the 

date of enactment of this Act. 

SEC. 41011. GAO REPORT. 

Not later than 3 years after the date of enactment of this 

Act, the Comptroller General of the United States shall submit 

to Congress a report that includes an analysis of whether the 

provisions of this title could be adapted to streamline the Federal 

permitting process for smaller projects that are not covered projects. 

SEC. 41012. SAVINGS PROVISION. 

Nothing in this title amends the National Environmental Policy 

Act of 1969 (42 U.S.C. 4321 et seq.). 

SEC. 41013. SUNSET. 

This title shall terminate 7 years after the date of enactment 

of this Act. 

42 USC 

4370m–12. 

42 USC 

4370m–11. 

42 USC 

4370m–10. 

42 USC 

4370m–9. 


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129 STAT. 1762 PUBLIC LAW 114–94—DEC. 4, 2015 

SEC. 41014. PLACEMENT. 

The Office of the Law Revision Counsel is directed to place 

sections 41001 through 41013 of this title in chapter 55 of title 

42, United States Code, as subchapter IV. 

TITLE XLII—ADDITIONAL PROVISIONS 

SEC. 42001. GAO REPORT ON REFUNDS TO REGISTERED VENDORS OF 

KEROSENE USED IN NONCOMMERCIAL AVIATION. 

Not later than 180 days after the date of the enactment of 

this Act, the Comptroller General of the United States shall— 

(1) conduct a study regarding payments made to vendors 

of kerosene used in noncommercial aviation under section 

6427(l)(4)(C)(ii) of the Internal Revenue Code of 1986; and 

(2) submit to the appropriate committees of Congress a 

report describing the results of such study, which shall include 

estimates of— 

(A) the number of vendors of kerosene used in noncommercial aviation who are registered under section 4101 

of such Code; 

(B) the number of vendors of kerosene used in noncommercial aviation who are not so registered; 

(C) the number of vendors described in subparagraph 

(A) who receive payments under section 6427(l)(4)(C)(ii) 

of such Code; 

(D) the excess of— 

(i) the amount of payments which would be made 

under section 6427(l)(4)(C)(ii) of such Code if all vendors of kerosene used in noncommercial aviation were 

registered and filed claims for such payments, over 

(ii) the amount of payments actually made under 

such section; and 

(E) the number of cases of diesel truck operators 

fraudulently using kerosene taxed for use in aviation. 

TITLE XLIII—PAYMENTS TO CERTIFIED 

STATES AND INDIAN TRIBES 

SEC. 43001. PAYMENTS FROM ABANDONED MINE RECLAMATION FUND. 

Section 411(h) of the Surface Mining Control and Reclamation 

Act of 1977 (30 U.S.C. 1240a(h)) is amended— 

(1) in paragraph (1)(C)— 

(A) by striking ‘‘Payments’’ and inserting the following: 

‘‘(i) IN GENERAL.—Payments’’; and 

(B) by adding at the end the following: 

‘‘(ii) CERTAIN PAYMENTS REQUIRED.—Not withstanding any other provision of this Act, as soon as 

practicable, but not later than December 10, 2015, 

of the 7 equal installments referred to in clause (i), 

the Secretary shall pay to any certified State or Indian 

tribe to which the total annual payment under this 

subsection was limited to $15,000,000 in 2013 and 

$28,000,000 in fiscal year 2014— 

42 USC 

4370m–13. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1763 

‘‘(I) the final 2 installments in 2 separate pay- ments of $82,700,000 each; and 

‘‘(II) 2 separate payments of $38,250,000 

each.’’; and 

(2) by striking paragraphs (5) and (6). 

DIVISION E—EXPORT-IMPORT BANK OF 

THE UNITED STATES 

SEC. 50001. SHORT TITLE. 

This division may be cited as the ‘‘Export-Import Bank Reform 

and Reauthorization Act of 2015’’. 

TITLE LI—TAXPAYER PROTECTION 

PROVISIONS AND INCREASED ACCOUNTABILITY 

SEC. 51001. REDUCTION IN AUTHORIZED AMOUNT OF OUTSTANDING 

LOANS, GUARANTEES, AND INSURANCE. 

Section 6(a) of the Export-Import Bank Act of 1945 (12 U.S.C. 

635e(a)) is amended— 

(1) by redesignating paragraph (3) as paragraph (4); and 

(2) by striking paragraph (2) and inserting the following: 

‘‘(2) APPLICABLE AMOUNT DEFINED.—In this subsection, the 

term ‘applicable amount’, for each of fiscal years 2015 through 

2019, means $135,000,000,000. 

‘‘(3) FREEZING OF LENDING CAP IF DEFAULT RATE IS 2 PERCENT OR MORE.—If the rate calculated under section 8(g)(1) 

is 2 percent or more for a quarter, the Bank may not exceed 

the amount of loans, guarantees, and insurance outstanding 

on the last day of that quarter until the rate calculated under 

section 8(g)(1) is less than 2 percent.’’. 

SEC. 51002. INCREASE IN LOSS RESERVES. 

(a) IN GENERAL.—Section 6 of the Export-Import Bank Act 

of 1945 (12 U.S.C. 635e) is amended— 

(1) by redesignating subsection (b) as subsection (c); and 

(2) by inserting after subsection (a) the following: 

‘‘(b) RESERVE REQUIREMENT.—The Bank shall build to and hold 

in reserve, to protect against future losses, an amount that is 

not less than 5 percent of the aggregate amount of disbursed 

and outstanding loans, guarantees, and insurance of the Bank.’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall take effect on the date that is one year after the date of 

the enactment of this Act. 

SEC. 51003. REVIEW OF FRAUD CONTROLS. 

Section 17(b) of the Export-Import Bank Reauthorization Act 

of 2012 (12 U.S.C. 635a–6(b)) is amended to read as follows: 

‘‘(b) REVIEW OF FRAUD CONTROLS.—Not later than 4 years 

after the date of the enactment of the Export-Import Bank Reform 

and Reauthorization Act of 2015, and every 4 years thereafter, 

the Comptroller General of the United States shall— 

12 USC 635e. 

12 USC 635 note. 

Export-Import 

Bank Reform and 

Reauthorization 

Act of 2015. 


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129 STAT. 1764 PUBLIC LAW 114–94—DEC. 4, 2015 

‘‘(1) review the adequacy of the design and effectiveness 

of the controls used by the Export-Import Bank of the United 

States to prevent, detect, and investigate fraudulent applications for loans and guarantees and the compliance by the 

Bank with the controls, including by auditing a sample of 

Bank transactions; and 

‘‘(2) submit a written report regarding the findings of the 

review and providing such recommendations with respect to 

the controls described in paragraph (1) as the Comptroller 

General deems appropriate to— 

‘‘(A) the Committee on Banking, Housing, and Urban 

Affairs and the Committee on Appropriations of the Senate; 

and 

‘‘(B) the Committee on Financial Services and the Committee on Appropriations of the House of Representatives.’’. 

SEC. 51004. OFFICE OF ETHICS. 

Section 3 of the Export-Import Bank Act of 1945 (12 U.S.C. 

635a) is amended by adding at the end the following: 

‘‘(k) OFFICE OF ETHICS.— 

‘‘(1) ESTABLISHMENT.—There is established an Office of 

Ethics within the Bank, which shall oversee all ethics issues 

within the Bank. 

‘‘(2) HEAD OF OFFICE.— 

‘‘(A) IN GENERAL.—The head of the Office of Ethics 

shall be the Chief Ethics Officer, who shall report to the 

Board of Directors. 

‘‘(B) APPOINTMENT.—Not later than 180 days after the 

date of the enactment of the Export-Import Bank Reform 

and Reauthorization Act of 2015, the Chief Ethics Officer 

shall be— 

‘‘(i) appointed by the President of the Bank from 

among persons— 

‘‘(I) with a background in law who have experience in the fields of law and ethics; and 

‘‘(II) who are not serving in a position 

requiring appointment by the President of the 

United States before being appointed to be Chief 

Ethics Officer; and 

‘‘(ii) approved by the Board. 

‘‘(C) DESIGNATED AGENCY ETHICS OFFICIAL.—The Chief 

Ethics Officer shall serve as the designated agency ethics 

official for the Bank pursuant to the Ethics in Government 

Act of 1978 (5 U.S.C. App. 101 et seq.). 

‘‘(3) DUTIES.—The Office of Ethics has jurisdiction over 

all employees of, and ethics matters relating to, the Bank. 

With respect to employees of the Bank, the Office of Ethics 

shall— 

‘‘(A) recommend administrative actions to establish or 

enforce standards of official conduct; 

‘‘(B) refer to the Office of the Inspector General of 

the Bank alleged violations of— 

‘‘(i) the standards of ethical conduct applicable to 

employees of the Bank under parts 2635 and 6201 

of title 5, Code of Federal Regulations; 

‘‘(ii) the standards of ethical conduct established 

by the Chief Ethics Officer; and 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1765 

‘‘(iii) any other laws, rules, or regulations governing the performance of official duties or the discharge of official responsibilities that are applicable 

to employees of the Bank; 

‘‘(C) report to appropriate Federal or State authorities 

substantial evidence of a violation of any law applicable 

to the performance of official duties that may have been 

disclosed to the Office of Ethics; and 

‘‘(D) render advisory opinions regarding the propriety 

of any current or proposed conduct of an employee or 

contractor of the Bank, and issue general guidance on 

such matters as necessary.’’. 

SEC. 51005. CHIEF RISK OFFICER. 

Section 3 of the Export-Import Bank Act of 1945 (12 U.S.C. 

635a), as amended by section 91004, is further amended by adding 

at the end the following: 

‘‘(l) CHIEF RISK OFFICER.— 

‘‘(1) IN GENERAL.—There shall be a Chief Risk Officer of 

the Bank, who shall— 

‘‘(A) oversee all issues relating to risk within the Bank; 

and 

‘‘(B) report to the President of the Bank. 

‘‘(2) APPOINTMENT.—Not later than 180 days after the date 

of the enactment of the Export-Import Bank Reform and 

Reauthorization Act of 2015, the Chief Risk Officer shall be— 

‘‘(A) appointed by the President of the Bank from 

among persons— 

‘‘(i) with a demonstrated ability in the general 

management of, and knowledge of and extensive practical experience in, financial risk evaluation practices 

in large governmental or business entities; and 

‘‘(ii) who are not serving in a position requiring 

appointment by the President of the United States 

before being appointed to be Chief Risk Officer; and 

‘‘(B) approved by the Board. 

‘‘(3) DUTIES.—The duties of the Chief Risk Officer are— 

‘‘(A) to be responsible for all matters related to managing and mitigating all risk to which the Bank is exposed, 

including the programs and operations of the Bank; 

‘‘(B) to establish policies and processes for risk oversight, the monitoring of management compliance with risk 

limits, and the management of risk exposures and risk 

controls across the Bank; 

‘‘(C) to be responsible for the planning and execution 

of all Bank risk management activities, including policies, 

reporting, and systems to achieve strategic risk objectives; 

‘‘(D) to develop an integrated risk management program that includes identifying, prioritizing, measuring, 

monitoring, and managing internal control and operating 

risks and other identified risks; 

‘‘(E) to ensure that the process for risk assessment 

and underwriting for individual transactions considers how 

each such transaction considers the effect of the transaction 

on the concentration of exposure in the overall portfolio 

of the Bank, taking into account fees, collateralization, 

and historic default rates; and 


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129 STAT. 1766 PUBLIC LAW 114–94—DEC. 4, 2015 

‘‘(F) to review the adequacy of the use by the Bank 

of qualitative metrics to assess the risk of default under 

various scenarios.’’. 

SEC. 51006. RISK MANAGEMENT COMMITTEE. 

(a) IN GENERAL.—Section 3 of the Export-Import Bank Act 

of 1945 (12 U.S.C. 635a), as amended by sections 91004 and 91005, 

is further amended by adding at the end the following: 

‘‘(m) RISK MANAGEMENT COMMITTEE.— ‘‘(1) ESTABLISHMENT.—There is established a management 

committee to be known as the ‘Risk Management Committee’. 

‘‘(2) MEMBERSHIP.—The membership of the Risk Management Committee shall be the members of the Board of Directors, 

with the President and First Vice President of the Bank serving 

as ex officio members. 

‘‘(3) DUTIES.—The duties of the Risk Management Committee shall be— 

‘‘(A) to oversee, in conjunction with the Office of the 

Chief Financial Officer of the Bank— 

‘‘(i) periodic stress testing on the entire Bank portfolio, reflecting different market, industry, and macroeconomic scenarios, and consistent with common practices of commercial and multilateral development 

banks; and 

‘‘(ii) the monitoring of industry, geographic, and 

obligor exposure levels; and 

‘‘(B) to review all required reports on the default rate 

of the Bank before submission to Congress under section 

8(g).’’. 

(b) TERMINATION OF AUDIT COMMITTEE.—Not later than 180 

days after the date of the enactment of this Act, the Board of 

Directors of the Export-Import Bank of the United States shall 

revise the bylaws of the Bank to terminate the Audit Committee 

established by section 7 of the bylaws. 

SEC. 51007. INDEPENDENT AUDIT OF BANK PORTFOLIO. 

(a) AUDIT.—The Inspector General of the Export-Import Bank 

of the United States shall conduct an audit or evaluation of the 

portfolio risk management procedures of the Bank, including a 

review of the implementation by the Bank of the duties assigned 

to the Chief Risk Officer under section 3(l) of the Export-Import 

Bank Act of 1945, as amended by section 51005. 

(b) REPORT.—Not later than 1 year after the date of the enactment of this Act, and not less frequently than every 3 years thereafter, the Inspector General shall submit to the Committee on 

Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a 

written report containing all findings and determinations made 

in carrying out subsection (a). 

SEC. 51008. PILOT PROGRAM FOR REINSURANCE. 

(a) IN GENERAL.—Notwithstanding any provision of the ExportImport Bank Act of 1945 (12 U.S.C. 635 et seq.), the ExportImport Bank of the United States (in this section referred to as 

the ‘‘Bank’’) may establish a pilot program under which the Bank 

may enter into contracts and other arrangements to share risks 

associated with the provision of guarantees, insurance, or credit, 

12 USC 635 note. 

12 USC 635a–7. 

12 USC 635a 

note. 


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or the participation in the extension of credit, by the Bank under 

that Act. 

(b) LIMITATIONS ON AMOUNT OF RISK-SHARING.— 

(1) PER CONTRACT OR OTHER ARRANGEMENT.—The aggregate amount of liability the Bank may transfer through risksharing pursuant to a contract or other arrangement entered 

into under subsection (a) may not exceed $1,000,000,000. 

(2) PER YEAR.—The aggregate amount of liability the Bank 

may transfer through risk-sharing during a fiscal year pursuant 

to contracts or other arrangements entered into under subsection (a) during that fiscal year may not exceed 

$10,000,000,000. 

(c) ANNUAL REPORTS.—Not later than 1 year after the date 

of the enactment of this Act, and annually thereafter through 

2019, the Bank shall submit to Congress a written report that 

contains a detailed analysis of the use of the pilot program carried 

out under subsection (a) during the year preceding the submission 

of the report. 

(d) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed to affect, impede, or revoke any authority of the Bank. 

(e) TERMINATION.—The pilot program carried out under subsection (a) shall terminate on September 30, 2019. 

TITLE LII—PROMOTION OF SMALL 

BUSINESS EXPORTS 

SEC. 52001. INCREASE IN SMALL BUSINESS LENDING REQUIREMENTS. 

(a) IN GENERAL.—Section 2(b)(1)(E)(v) of the Export-Import 

Bank Act of 1945 (12 U.S.C. 635(b)(1)(E)(v)) is amended by striking 

‘‘20 percent’’ and inserting ‘‘25 percent’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall apply with respect to fiscal year 2016 and each fiscal year 

thereafter. 

SEC. 52002. REPORT ON PROGRAMS FOR SMALL- AND MEDIUM-SIZED 

BUSINESSES. 

(a) IN GENERAL.—Section 8 of the Export-Import Bank Act 

of 1945 (12 U.S.C. 635g) is amended by adding at the end the 

following: 

‘‘(k) REPORT ON PROGRAMS FOR SMALL- AND MEDIUM-SIZED

BUSINESSES.—The Bank shall include in its annual report to Congress under subsection (a) a report on the programs of the Bank 

for United States businesses with less than $250,000,000 in annual 

sales.’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall apply with respect to the report of the Export-Import Bank 

of the United States submitted to Congress under section 8 of 

the Export-Import Bank Act of 1945 (12 U.S.C. 635g) for the first 

year that begins after the date of the enactment of this Act. 

12 USC 635g 

note. 

12 USC 635 note. 


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129 STAT. 1768 PUBLIC LAW 114–94—DEC. 4, 2015 

TITLE LIII—MODERNIZATION OF 

OPERATIONS 

SEC. 53001. ELECTRONIC PAYMENTS AND DOCUMENTS. 

Section 2(b)(1) of the Export-Import Bank Act of 1945 (12 

U.S.C. 635(b)(1)) is amended by adding at the end the following: 

‘‘(M) Not later than 2 years after the date of the enactment 

of the Export-Import Bank Reform and Reauthorization Act of 

2015, the Bank shall implement policies— 

‘‘(i) to accept electronic documents with respect to transactions whenever possible, including copies of bills of lading, 

certifications, and compliance documents, in such manner so 

as not to undermine any potential civil or criminal enforcement 

related to the transactions; and 

‘‘(ii) to accept electronic payments in all of its programs.’’. 

SEC. 53002. REAUTHORIZATION OF INFORMATION TECHNOLOGY 

UPDATING. 

Section 3(j) of the Export-Import Act of 1945 (12 U.S.C. 635a(j)) 

is amended— 

(1) in paragraph (1), in the matter preceding subparagraph 

(A), by striking ‘‘2012, 2013, and 2014’’ and inserting ‘‘2015 

through 2019’’; 

(2) in paragraph (2)(B), by striking ‘‘(I) the funds’’ and 

inserting ‘‘(i) the funds’’; and 

(3) in paragraph (3), by striking ‘‘2012, 2013, and 2014’’ 

and inserting ‘‘2015 through 2019’’. 

TITLE LIV—GENERAL PROVISIONS 

SEC. 54001. EXTENSION OF AUTHORITY. 

(a) IN GENERAL.—Section 7 of the Export-Import Bank Act 

of 1945 (12 U.S.C. 635f) is amended by striking ‘‘2014’’ and inserting 

‘‘2019’’. 

(b) DUAL-USE EXPORTS.—Section 1(c) of Public Law 103–428 

(12 U.S.C. 635 note) is amended by striking ‘‘September 30, 2014’’ 

and inserting ‘‘the date on which the authority of the ExportImport Bank of the United States expires under section 7 of the 

Export-Import Bank Act of 1945 (12 U.S.C. 635f)’’. 

(c) SUB-SAHARAN AFRICA ADVISORY COMMITTEE.—Section 

2(b)(9)(B)(iii) of the Export-Import Bank Act of 1945 (12 U.S.C. 

635(b)(9)(B)(iii)) is amended by striking ‘‘September 30, 2014’’ and 

inserting ‘‘the date on which the authority of the Bank expires 

under section 7’’. 

(d) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on the earlier of the date of the enactment of 

this Act or June 30, 2015. 

SEC. 54002. CERTAIN UPDATED LOAN TERMS AND AMOUNTS. 

(a) LOAN TERMS FOR MEDIUM-TERM FINANCING.—Section 

2(a)(2)(A) of the Export-Import Bank Act of 1945 (12 U.S.C. 

635(a)(2)(A)) is amended— 

(1) in clause (i), by striking ‘‘; and’’ and inserting a semicolon; and 

(2) by adding at the end the following: 

12 USC 635 note. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1769 

‘‘(iii) with principal amounts of not more than $25,000,000; and’’. 

(b) COMPETITIVE OPPORTUNITIES RELATING TO INSURANCE.— 

Section 2(d)(2) of the Export-Import Bank Act of 1945 (12 U.S.C. 

635(d)(2)) is amended by striking ‘‘$10,000,000’’ and inserting 

‘‘$25,000,000’’. 

(c) EXPORT AMOUNTS FOR SMALL BUSINESS LOANS.—Section 

3(g)(3) of the Export-Import Bank Act of 1945 (12 U.S.C. 635a(g)(3)) 

is amended by striking ‘‘$10,000,000’’ and inserting ‘‘$25,000,000’’. 

(d) CONSIDERATION OF ENVIRONMENTAL EFFECTS.—Section 

11(a)(1)(A) of the Export-Import Bank Act of 1945 (12 U.S.C. 635i– 

5(a)(1)(A)) is amended by striking ‘‘$10,000,000 or more’’ and 

inserting the following: ‘‘$25,000,000 (or, if less than $25,000,000, 

the threshold established pursuant to international agreements, 

including the Common Approaches for Officially Supported Export 

Credits and Environmental and Social Due Diligence, as adopted 

by the Organisation for Economic Co-operation and Development 

Council on June 28, 2012, and the risk-management framework 

adopted by financial institutions for determining, assessing, and 

managing environmental and social risk in projects (commonly 

referred to as the ‘Equator Principles’)) or more’’. 

(e) EFFECTIVE DATE.—The amendments made by this section 

shall apply with respect to fiscal year 2016 and each fiscal year 

thereafter. 

TITLE LV—OTHER MATTERS 

SEC. 55001. PROHIBITION ON DISCRIMINATION BASED ON INDUSTRY. 

Section 2 of the Export-Import Bank Act of 1945 (6 U.S.C. 

635 et seq.) is amended by adding at the end the following: 

‘‘(k) PROHIBITION ON DISCRIMINATION BASED ON INDUSTRY.— 

‘‘(1) IN GENERAL.—Except as provided in this Act, the Bank 

may not— 

‘‘(A) deny an application for financing based solely 

on the industry, sector, or business that the application 

concerns; or 

‘‘(B) promulgate or implement policies that discriminate against an application based solely on the industry, 

sector, or business that the application concerns. 

‘‘(2) APPLICABILITY.—The prohibitions under paragraph (1) 

apply only to applications for financing by the Bank for projects 

concerning the exploration, development, production, or export 

of energy sources and the generation or transmission of electrical power, or combined heat and power, regardless of the 

energy source involved.’’. 

SEC. 55002. NEGOTIATIONS TO END EXPORT CREDIT FINANCING. 

(a) IN GENERAL.—Section 11 of the Export-Import Bank 

Reauthorization Act of 2012 (12 U.S.C. 635a–5) is amended— 

(1) in subsection (a)— 

(A) in the matter preceding paragraph (1), by striking 

‘‘Secretary of the Treasury (in this section referred to as 

the ‘Secretary’)’’ and inserting ‘‘President’’; and 

(B) in paragraph (1)— 

(i) by striking ‘‘(OECD)’’ and inserting ‘‘(in this 

section referred to as the ‘OECD’)’’; and 

12 USC 635 note. 


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129 STAT. 1770 PUBLIC LAW 114–94—DEC. 4, 2015 

(ii) by striking ‘‘ultimate goal of eliminating’’ and 

inserting ‘‘possible goal of eliminating, before the date 

that is 10 years after the date of the enactment of 

the Export-Import Bank Reform and Reauthorization 

Act of 2015,’’; 

(2) in subsection (b), by striking ‘‘Secretary’’ each place 

it appears and inserting ‘‘President’’; and 

(3) by adding at the end the following: 

‘‘(c) REPORT ON STRATEGY.—Not later than 180 days after the 

date of the enactment of the Export-Import Bank Reform and 

Reauthorization Act of 2015, the President shall submit to Congress 

a proposal, and a strategy for achieving the proposal, that the 

United States Government will pursue with other major exporting 

countries, including OECD members and non-OECD members, to 

eliminate over a period of not more than 10 years subsidized exportfinancing programs, tied aid, export credits, and all other forms 

of government-supported export subsidies. 

‘‘(d) NEGOTIATIONS WITH NON-OECD MEMBERS.—The President 

shall initiate and pursue negotiations with countries that are not 

OECD members to bring those countries into a multilateral agreement establishing rules and limitations on officially supported 

export credits. 

‘‘(e) ANNUAL REPORTS ON PROGRESS OF NEGOTIATIONS.—Not 

later than 180 days after the date of the enactment of the ExportImport Bank Reform and Reauthorization Act of 2015, and annually 

thereafter through calendar year 2019, the President shall submit 

to the Committee on Banking, Housing, and Urban Affairs of the 

Senate and the Committee on Financial Services of the House 

of Representatives a report on the progress of any negotiations 

described in subsection (d).’’. 

(b) EFFECTIVE DATE.—The amendments made by paragraphs 

(1) and (2) of subsection (a) shall apply with respect to reports 

required to be submitted under section 11(b) of the Export-Import 

Bank Reauthorization Act of 2012 (12 U.S.C. 635a–5(b)) after the 

date of the enactment of this Act. 

SEC. 55003. STUDY OF FINANCING FOR INFORMATION AND COMMUNICATIONS TECHNOLOGY SYSTEMS. 

(a) ANALYSIS OF INFORMATION AND COMMUNICATIONS TECHNOLOGY INDUSTRY USE OF BANK PRODUCTS.—The Export-Import 

Bank of the United States (in this section referred to as the ‘‘Bank’’) 

shall conduct a study of the extent to which the products offered 

by the Bank are available and used by companies that export 

information and communications technology services and related 

goods. 

(b) ELEMENTS.—In conducting the study required by subsection 

(a), the Bank shall examine the following: 

(1) The number of jobs in the United States that are 

supported by the export of information and communications 

technology services and related goods, and the degree to which 

access to financing will increase exports of such services and 

related goods. 

(2) The reduction in the financing by the Bank of exports 

of information and communications technology services from 

2003 through 2014. 

12 USC 635a–5 

note. 


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(3) The activities of foreign export credit agencies to facilitate the export of information and communications technology 

services and related goods. 

(4) Specific proposals for how the Bank could provide additional financing for the exportation of information and communications technology services and related goods through risksharing with other export credit agencies and other third parties. 

(5) Proposals for new products the Bank could offer to 

provide financing for exports of information and communications technology services and related goods, including— 

(A) the extent to which the Bank is authorized to 

offer new products; 

(B) the extent to which the Bank would need additional 

authority to offer new products to meet the needs of the 

information and communications technology industry; 

(C) specific proposals for changes in law that would 

enable the Bank to provide increased financing for exports 

of information and communications technology services and 

related goods in compliance with the credit and risk standards of the Bank; 

(D) specific proposals that would enable the Bank to 

provide increased outreach to the information and communications technology industry about the products the Bank 

offers; and 

(E) specific proposals for changes in law that would 

enable the Bank to provide the financing to build information and communications technology infrastructure, in 

compliance with the credit and risk standards of the Bank, 

to allow for market access opportunities for United States 

information and communications technology companies to 

provide services on the infrastructure being financed by 

the Bank. 

(c) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, the Bank shall submit to Congress a report 

that contains the results of the study required by subsection (a). 

DIVISION F—ENERGY SECURITY 

SEC. 61001. EMERGENCY PREPAREDNESS FOR ENERGY SUPPLY 

DISRUPTIONS. 

(a) FINDING.—Congress finds that recent natural disasters have 

underscored the importance of having resilient oil and natural 

gas infrastructure and effective ways for industry and government 

to communicate to address energy supply disruptions. 

(b) AUTHORIZATION FOR ACTIVITIES TO ENHANCE EMERGENCY

PREPAREDNESS FOR NATURAL DISASTERS.—The Secretary of Energy 

shall develop and adopt procedures to— 

(1) improve communication and coordination between the 

Department of Energy’s energy response team, Federal partners, and industry; 

(2) leverage the Energy Information Administration’s subject matter expertise within the Department’s energy response 

team to improve supply chain situation assessments; 

42 USC 7131 

note. 


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(3) establish company liaisons and direct communication 

with the Department’s energy response team to improve situation assessments; 

(4) streamline and enhance processes for obtaining temporary regulatory relief to speed up emergency response and 

recovery; 

(5) facilitate and increase engagement among States, the 

oil and natural gas industry, and the Department in developing 

State and local energy assurance plans; 

(6) establish routine education and training programs for 

key government emergency response positions with the Department and States; and 

(7) involve States and the oil and natural gas industry 

in comprehensive drill and exercise programs. 

(c) COOPERATION.—The activities carried out under subsection 

(b) shall include collaborative efforts with State and local government officials and the private sector. 

(d) REPORT.—Not later than 180 days after the date of enactment of this Act, the Secretary of Energy shall submit to Congress 

a report describing the effectiveness of the activities authorized 

under this section. 

SEC. 61002. RESOLVING ENVIRONMENTAL AND GRID RELIABILITY CONFLICTS. 

(a) COMPLIANCE WITH OR VIOLATION OF ENVIRONMENTAL LAWS

WHILE UNDER EMERGENCY ORDER.—Section 202(c) of the Federal 

Power Act (16 U.S.C. 824a(c)) is amended— 

(1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and 

(2) by adding at the end the following: 

‘‘(2) With respect to an order issued under this subsection 

that may result in a conflict with a requirement of any Federal, 

State, or local environmental law or regulation, the Commission 

shall ensure that such order requires generation, delivery, interchange, or transmission of electric energy only during hours necessary to meet the emergency and serve the public interest, and, 

to the maximum extent practicable, is consistent with any applicable 

Federal, State, or local environmental law or regulation and minimizes any adverse environmental impacts. 

‘‘(3) To the extent any omission or action taken by a party, 

that is necessary to comply with an order issued under this subsection, including any omission or action taken to voluntarily comply 

with such order, results in noncompliance with, or causes such 

party to not comply with, any Federal, State, or local environmental 

law or regulation, such omission or action shall not be considered 

a violation of such environmental law or regulation, or subject 

such party to any requirement, civil or criminal liability, or a 

citizen suit under such environmental law or regulation. 

‘‘(4)(A) An order issued under this subsection that may result 

in a conflict with a requirement of any Federal, State, or local 

environmental law or regulation shall expire not later than 90 

days after it is issued. The Commission may renew or reissue 

such order pursuant to paragraphs (1) and (2) for subsequent 

periods, not to exceed 90 days for each period, as the Commission 

determines necessary to meet the emergency and serve the public 

interest. 

‘‘(B) In renewing or reissuing an order under subparagraph 

(A), the Commission shall consult with the primary Federal agency 


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with expertise in the environmental interest protected by such 

law or regulation, and shall include in any such renewed or reissued 

order such conditions as such Federal agency determines necessary 

to minimize any adverse environmental impacts to the extent practicable. The conditions, if any, submitted by such Federal agency 

shall be made available to the public. The Commission may exclude 

such a condition from the renewed or reissued order if it determines 

that such condition would prevent the order from adequately 

addressing the emergency necessitating such order and provides 

in the order, or otherwise makes publicly available, an explanation 

of such determination. 

‘‘(5) If an order issued under this subsection is subsequently 

stayed, modified, or set aside by a court pursuant to section 313 

or any other provision of law, any omission or action previously 

taken by a party that was necessary to comply with the order 

while the order was in effect, including any omission or action 

taken to voluntarily comply with the order, shall remain subject 

to paragraph (3).’’. 

(b) TEMPORARY CONNECTION OR CONSTRUCTION BY MUNICIPALITIES.—Section 202(d) of the Federal Power Act (16 U.S.C. 824a(d)) 

is amended by inserting ‘‘or municipality’’ before ‘‘engaged in the 

transmission or sale of electric energy’’. 

SEC. 61003. CRITICAL ELECTRIC INFRASTRUCTURE SECURITY. 

(a) CRITICAL ELECTRIC INFRASTRUCTURE SECURITY.—Part II of 

the Federal Power Act (16 U.S.C. 824 et seq.) is amended by 

adding after section 215 the following new section: 

‘‘SEC. 215A. CRITICAL ELECTRIC INFRASTRUCTURE SECURITY. 

‘‘(a) DEFINITIONS.—For purposes of this section: 

‘‘(1) BULK-POWER SYSTEM; ELECTRIC RELIABILITY ORGANIZATION; REGIONAL ENTITY.—The terms ‘bulk-power system’, ‘Electric Reliability Organization’, and ‘regional entity’ have the 

meanings given such terms in paragraphs (1), (2), and (7) 

of section 215(a), respectively. 

‘‘(2) CRITICAL ELECTRIC INFRASTRUCTURE.—The term ‘critical electric infrastructure’ means a system or asset of the 

bulk-power system, whether physical or virtual, the incapacity 

or destruction of which would negatively affect national security, economic security, public health or safety, or any combination of such matters. 

‘‘(3) CRITICAL ELECTRIC INFRASTRUCTURE INFORMATION.— 

The term ‘critical electric infrastructure information’ means 

information related to critical electric infrastructure, or proposed critical electrical infrastructure, generated by or provided 

to the Commission or other Federal agency, other than classified national security information, that is designated as critical 

electric infrastructure information by the Commission or the 

Secretary pursuant to subsection (d). Such term includes 

information that qualifies as critical energy infrastructure 

information under the Commission’s regulations. 

‘‘(4) DEFENSE CRITICAL ELECTRIC INFRASTRUCTURE.—The 

term ‘defense critical electric infrastructure’ means any electric 

infrastructure located in any of the 48 contiguous States or 

the District of Columbia that serves a facility designated by 

the Secretary pursuant to subsection (c), but is not owned 

or operated by the owner or operator of such facility. 

16 USC 824o–1. 


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129 STAT. 1774 PUBLIC LAW 114–94—DEC. 4, 2015 

‘‘(5) ELECTROMAGNETIC PULSE.—The term ‘electromagnetic 

pulse’ means 1 or more pulses of electromagnetic energy emitted 

by a device capable of disabling or disrupting operation of, 

or destroying, electronic devices or communications networks, 

including hardware, software, and data, by means of such a 

pulse. 

‘‘(6) GEOMAGNETIC STORM.—The term ‘geomagnetic storm’ 

means a temporary disturbance of the Earth’s magnetic field 

resulting from solar activity. 

‘‘(7) GRID SECURITY EMERGENCY.—The term ‘grid security 

emergency’ means the occurrence or imminent danger of— 

‘‘(A)(i) a malicious act using electronic communication 

or an electromagnetic pulse, or a geomagnetic storm event, 

that could disrupt the operation of those electronic devices 

or communications networks, including hardware, software, 

and data, that are essential to the reliability of critical 

electric infrastructure or of defense critical electric infrastructure; and 

‘‘(ii) disruption of the operation of such devices or networks, with significant adverse effects on the reliability 

of critical electric infrastructure or of defense critical electric infrastructure, as a result of such act or event; or 

‘‘(B)(i) a direct physical attack on critical electric infrastructure or on defense critical electric infrastructure; and 

‘‘(ii) significant adverse effects on the reliability of critical electric infrastructure or of defense critical electric 

infrastructure as a result of such physical attack. 

‘‘(8) SECRETARY.—The term ‘Secretary’ means the Secretary 

of Energy. 

‘‘(b) AUTHORITY TO ADDRESS GRID SECURITY EMERGENCY.— 

‘‘(1) AUTHORITY.—Whenever the President issues and provides to the Secretary a written directive or determination 

identifying a grid security emergency, the Secretary may, with 

or without notice, hearing, or report, issue such orders for 

emergency measures as are necessary in the judgment of the 

Secretary to protect or restore the reliability of critical electric 

infrastructure or of defense critical electric infrastructure 

during such emergency. As soon as practicable but not later 

than 180 days after the date of enactment of this section, 

the Secretary shall, after notice and opportunity for comment, 

establish rules of procedure that ensure that such authority 

can be exercised expeditiously. 

‘‘(2) NOTIFICATION OF CONGRESS.—Whenever the President 

issues and provides to the Secretary a written directive or 

determination under paragraph (1), the President shall 

promptly notify congressional committees of relevant jurisdiction, including the Committee on Energy and Commerce of 

the House of Representatives and the Committee on Energy 

and Natural Resources of the Senate, of the contents of, and 

justification for, such directive or determination. 

‘‘(3) CONSULTATION.—Before issuing an order for emergency 

measures under paragraph (1), the Secretary shall, to the extent 

practicable in light of the nature of the grid security emergency 

and the urgency of the need for action, consult with appropriate 

governmental authorities in Canada and Mexico, entities 

described in paragraph (4), the Electricity Sub-sector Coordinating Council, the Commission, and other appropriate Federal 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1775 

agencies regarding implementation of such emergency measures. 

‘‘(4) APPLICATION.—An order for emergency measures under 

this subsection may apply to— 

‘‘(A) the Electric Reliability Organization; 

‘‘(B) a regional entity; or 

‘‘(C) any owner, user, or operator of critical electric 

infrastructure or of defense critical electric infrastructure 

within the United States. 

‘‘(5) EXPIRATION AND REISSUANCE.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph 

(B), an order for emergency measures issued under paragraph (1) shall expire no later than 15 days after its 

issuance. 

‘‘(B) EXTENSIONS.—The Secretary may reissue an order 

for emergency measures issued under paragraph (1) for 

subsequent periods, not to exceed 15 days for each such 

period, provided that the President, for each such period, 

issues and provides to the Secretary a written directive 

or determination that the grid security emergency identified under paragraph (1) continues to exist or that the 

emergency measure continues to be required. 

‘‘(6) COST RECOVERY.— 

‘‘(A) CRITICAL ELECTRIC INFRASTRUCTURE.—If the 

Commission determines that owners, operators, or users 

of critical electric infrastructure have incurred substantial 

costs to comply with an order for emergency measures 

issued under this subsection and that such costs were 

prudently incurred and cannot reasonably be recovered 

through regulated rates or market prices for the electric 

energy or services sold by such owners, operators, or users, 

the Commission shall, consistent with the requirements 

of section 205, after notice and an opportunity for comment, 

establish a mechanism that permits such owners, operators, 

or users to recover such costs. 

‘‘(B) DEFENSE CRITICAL ELECTRIC INFRASTRUCTURE.— 

To the extent the owner or operator of defense critical 

electric infrastructure is required to take emergency measures pursuant to an order issued under this subsection, 

the owners or operators of a critical defense facility or 

facilities designated by the Secretary pursuant to subsection (c) that rely upon such infrastructure shall bear 

the full incremental costs of the measures. 

‘‘(7) TEMPORARY ACCESS TO CLASSIFIED INFORMATION.—The 

Secretary, and other appropriate Federal agencies, shall, to 

the extent practicable and consistent with their obligations 

to protect classified information, provide temporary access to 

classified information related to a grid security emergency for 

which emergency measures are issued under paragraph (1) 

to key personnel of any entity subject to such emergency measures to enable optimum communication between the entity 

and the Secretary and other appropriate Federal agencies 

regarding the grid security emergency. 

‘‘(c) DESIGNATION OF CRITICAL DEFENSE FACILITIES.—Not later 

than 180 days after the date of enactment of this section, the 

Secretary, in consultation with other appropriate Federal agencies 

and appropriate owners, users, or operators of infrastructure that 


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129 STAT. 1776 PUBLIC LAW 114–94—DEC. 4, 2015 

may be defense critical electric infrastructure, shall identify and 

designate facilities located in the 48 contiguous States and the 

District of Columbia that are— 

‘‘(1) critical to the defense of the United States; and 

‘‘(2) vulnerable to a disruption of the supply of electric 

energy provided to such facility by an external provider. 

The Secretary may, in consultation with appropriate Federal agencies and appropriate owners, users, or operators of defense critical 

electric infrastructure, periodically revise the list of designated 

facilities as necessary. 

‘‘(d) PROTECTION AND SHARING OF CRITICAL ELECTRIC INFRASTRUCTURE INFORMATION.— 

‘‘(1) PROTECTION OF CRITICAL ELECTRIC INFRASTRUCTURE

INFORMATION.—Critical electric infrastructure information— 

‘‘(A) shall be exempt from disclosure under section 

552(b)(3) of title 5, United States Code; and 

‘‘(B) shall not be made available by any Federal, State, 

political subdivision or tribal authority pursuant to any 

Federal, State, political subdivision or tribal law requiring 

public disclosure of information or records. 

‘‘(2) DESIGNATION AND SHARING OF CRITICAL ELECTRIC

INFRASTRUCTURE INFORMATION.—Not later than one year after 

the date of enactment of this section, the Commission, after 

consultation with the Secretary, shall promulgate such regulations as necessary to— 

‘‘(A) establish criteria and procedures to designate 

information as critical electric infrastructure information; 

‘‘(B) prohibit the unauthorized disclosure of critical 

electric infrastructure information; 

‘‘(C) ensure there are appropriate sanctions in place 

for Commissioners, officers, employees, or agents of the 

Commission or the Department of Energy who knowingly 

and willfully disclose critical electric infrastructure 

information in a manner that is not authorized under this 

section; and 

‘‘(D) taking into account standards of the Electric Reliability Organization, facilitate voluntary sharing of critical 

electric infrastructure information with, between, and by— 

‘‘(i) Federal, State, political subdivision, and tribal 

authorities; 

‘‘(ii) the Electric Reliability Organization; 

‘‘(iii) regional entities; 

‘‘(iv) information sharing and analysis centers 

established pursuant to Presidential Decision Directive 

63; 

‘‘(v) owners, operators, and users of critical electric 

infrastructure in the United States; and 

‘‘(vi) other entities determined appropriate by the 

Commission. 

‘‘(3) AUTHORITY TO DESIGNATE.—Information may be designated by the Commission or the Secretary as critical electric 

infrastructure information pursuant to the criteria and procedures established by the Commission under paragraph (2)(A). 


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‘‘(4) CONSIDERATIONS.—In exercising their respective 

authorities under this subsection, the Commission and the Secretary shall take into consideration the role of State commissions in reviewing the prudence and cost of investments, determining the rates and terms of conditions for electric services, 

and ensuring the safety and reliability of the bulk-power system 

and distribution facilities within their respective jurisdictions. 

‘‘(5) PROTOCOLS.—The Commission and the Secretary shall, 

in consultation with Canadian and Mexican authorities, develop 

protocols for the voluntary sharing of critical electric infrastructure information with Canadian and Mexican authorities and 

owners, operators, and users of the bulk-power system outside 

the United States. 

‘‘(6) NO REQUIRED SHARING OF INFORMATION.—Nothing in 

this section shall require a person or entity in possession of 

critical electric infrastructure information to share such 

information with Federal, State, political subdivision, or tribal 

authorities, or any other person or entity. 

‘‘(7) SUBMISSION OF INFORMATION TO CONGRESS.—Nothing 

in this section shall permit or authorize the withholding of 

information from Congress, any committee or subcommittee 

thereof, or the Comptroller General. 

‘‘(8) DISCLOSURE OF NONPROTECTED INFORMATION.—In 

implementing this section, the Commission and the Secretary 

shall segregate critical electric infrastructure information or 

information that reasonably could be expected to lead to the 

disclosure of the critical electric infrastructure information 

within documents and electronic communications, wherever feasible, to facilitate disclosure of information that is not designated as critical electric infrastructure information. 

‘‘(9) DURATION OF DESIGNATION.—Information may not be 

designated as critical electric infrastructure information for 

longer than 5 years, unless specifically re-designated by the 

Commission or the Secretary, as appropriate. 

‘‘(10) REMOVAL OF DESIGNATION.—The Commission or the 

Secretary, as appropriate, shall remove the designation of critical electric infrastructure information, in whole or in part, 

from a document or electronic communication if the Commission 

or the Secretary, as appropriate, determines that the unauthorized disclosure of such information could no longer be used 

to impair the security or reliability of the bulk-power system 

or distribution facilities. 

‘‘(11) JUDICIAL REVIEW OF DESIGNATIONS.—Notwithstanding 

section 313(b), with respect to a petition filed by a person 

to which an order under this section applies, any determination 

by the Commission or the Secretary concerning the designation 

of critical electric infrastructure information under this subsection shall be subject to review under chapter 7 of title 

5, United States Code, except that such review shall be brought 

in the district court of the United States in the district in 

which the complainant resides, or has his principal place of 

business, or in the District of Columbia. In such a case the 

court shall examine in camera the contents of documents or 

electronic communications that are the subject of the determination under review to determine whether such documents 

or any part thereof were improperly designated or not designated as critical electric infrastructure information. 


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129 STAT. 1778 PUBLIC LAW 114–94—DEC. 4, 2015 

‘‘(e) SECURITY CLEARANCES.—The Secretary shall facilitate and, 

to the extent practicable, expedite the acquisition of adequate security clearances by key personnel of any entity subject to the requirements of this section, to enable optimum communication with Federal agencies regarding threats to the security of the critical electric 

infrastructure. The Secretary, the Commission, and other appropriate Federal agencies shall, to the extent practicable and consistent with their obligations to protect classified and critical electric 

infrastructure information, share timely actionable information 

regarding grid security with appropriate key personnel of owners, 

operators, and users of the critical electric infrastructure. 

‘‘(f) CLARIFICATIONS OF LIABILITY.— 

‘‘(1) COMPLIANCE WITH OR VIOLATION OF THIS ACT.—Except 

as provided in paragraph (4), to the extent any action or omission taken by an entity that is necessary to comply with an 

order for emergency measures issued under subsection (b)(1), 

including any action or omission taken to voluntarily comply 

with such order, results in noncompliance with, or causes such 

entity not to comply with any rule, order, regulation, or provision of this Act, including any reliability standard approved 

by the Commission pursuant to section 215, such action or 

omission shall not be considered a violation of such rule, order, 

regulation, or provision. 

‘‘(2) RELATION TO SECTION 202(c).—Except as provided in 

paragraph (4), an action or omission taken by an owner, operator, or user of critical electric infrastructure or of defense 

critical electric infrastructure to comply with an order for emergency measures issued under subsection (b)(1) shall be treated 

as an action or omission taken to comply with an order issued 

under section 202(c) for purposes of such section. 

‘‘(3) SHARING OR RECEIPT OF INFORMATION.—No cause of 

action shall lie or be maintained in any Federal or State court 

for the sharing or receipt of information under, and that is 

conducted in accordance with, subsection (d). 

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

shall be construed to require dismissal of a cause of action 

against an entity that, in the course of complying with an 

order for emergency measures issued under subsection (b)(1) 

by taking an action or omission for which they would be liable 

but for paragraph (1) or (2 ), takes such action or omission 

in a grossly negligent manner.’’. 

(b) CONFORMING AMENDMENTS.— 

(1) JURISDICTION.—Section 201(b)(2) of the Federal Power 

Act (16 U.S.C. 824(b)(2)) is amended by inserting ‘‘215A,’’ after 

‘‘215,’’ each place it appears. 

(2) PUBLIC UTILITY.—Section 201(e) of the Federal Power 

Act (16 U.S.C. 824(e)) is amended by inserting ‘‘215A,’’ after 

‘‘215,’’. 

(c) ENHANCED GRID SECURITY.— 

(1) DEFINITIONS.—In this subsection: 

(A) CRITICAL ELECTRIC INFRASTRUCTURE; CRITICAL

ELECTRIC INFRASTRUCTURE INFORMATION.—The terms ‘‘critical electric infrastructure’’ and ‘‘critical electric infrastructure information’’ have the meanings given those terms 

in section 215A of the Federal Power Act. 

6 USC 121 note. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1779 

(B) SECTOR-SPECIFIC AGENCY.—The term ‘‘Sector-Specific Agency’’ has the meaning given that term in the Presidential Policy Directive entitled ‘‘Critical Infrastructure 

Security and Resilience’’, numbered 21, and dated February 

12, 2013. 

(2) SECTOR-SPECIFIC AGENCY FOR CYBERSECURITY FOR THE

ENERGY SECTOR.— (A) IN GENERAL.—The Department of Energy shall be 

the lead Sector-Specific Agency for cybersecurity for the 

energy sector. 

(B) DUTIES.—As head of the designated Sector-Specific 

Agency for cybersecurity, the duties of the Secretary of 

Energy shall include— 

(i) coordinating with the Department of Homeland 

Security and other relevant Federal departments and 

agencies; 

(ii) collaborating with— 

(I) critical electric infrastructure owners and 

operators; and 

(II) as appropriate— 

(aa) independent regulatory agencies; and 

(bb) State, local, tribal, and territorial 

entities; 

(cc) serving as a day-to-day Federal interface for the dynamic prioritization and 

coordination of sector-specific activities; 

(dd) carrying out incident management 

responsibilities consistent with applicable law 

(including regulations) and other appropriate 

policies or directives; 

(ee) providing, supporting, or facilitating 

technical assistance and consultations for the 

energy sector to identify vulnerabilities and 

help mitigate incidents, as appropriate; and 

(ff) supporting the reporting requirements 

of the Department of Homeland Security 

under applicable law by providing, on an 

annual basis, sector-specific critical electric 

infrastructure information. 

SEC. 61004. STRATEGIC TRANSFORMER RESERVE. 

(a) FINDING.—Congress finds that the storage of strategically 

located spare large power transformers and emergency mobile substations will reduce the vulnerability of the United States to multiple risks facing electric grid reliability, including physical attack, 

cyber attack, electromagnetic pulse, geomagnetic disturbances, 

severe weather, and seismic events. 

(b) DEFINITIONS.—In this section: 

(1) BULK-POWER SYSTEM.—The term ‘‘bulk-power system’’ 

has the meaning given such term in section 215(a) of the 

Federal Power Act (16 U.S.C. 824o(a)). 

(2) CRITICALLY DAMAGED LARGE POWER TRANSFORMER.— 

The term ‘‘critically damaged large power transformer’’ means 

a large power transformer that— 

(A) has sustained extensive damage such that— 

(i) repair or refurbishment is not economically 

viable; or 


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129 STAT. 1780 PUBLIC LAW 114–94—DEC. 4, 2015 

(ii) the extensive time to repair or refurbish the 

large power transformer would create an extended 

period of instability in the bulk-power system; and 

(B) prior to sustaining such damage, was part of the 

bulk-power system. 

(3) CRITICAL ELECTRIC INFRASTRUCTURE.—The term ‘‘critical electric infrastructure’’ has the meaning given that term 

in section 215A of the Federal Power Act. 

(4) ELECTRIC RELIABILITY ORGANIZATION.—The term ‘‘Electric Reliability Organization’’ has the meaning given such term 

in section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)). 

(5) EMERGENCY MOBILE SUBSTATION.—The term ‘‘emergency 

mobile substation’’ means a mobile substation or mobile transformer that is— 

(A) assembled and permanently mounted on a trailer 

that is capable of highway travel and meets relevant 

Department of Transportation regulations; and 

(B) intended for express deployment and capable of 

being rapidly placed into service. 

(6) LARGE POWER TRANSFORMER.—The term ‘‘large power 

transformer’’ means a power transformer with a maximum 

nameplate rating of 100 megavolt-amperes or higher, including 

related critical equipment, that is, or is intended to be, a 

part of the bulk-power system. 

(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Energy. 

(8) SPARE LARGE POWER TRANSFORMER.—The term ‘‘spare 

large power transformer’’ means a large power transformer 

that is stored within the Strategic Transformer Reserve to 

be available to temporarily replace a critically damaged large 

power transformer. 

(c) STRATEGIC TRANSFORMER RESERVE PLAN.— 

(1) PLAN.—Not later than 1 year after the date of enactment 

of this Act, the Secretary, acting through the Office of Electricity Delivery and Energy Reliability, shall, in consultation 

with the Federal Energy Regulatory Commission, the Electricity 

Sub-sector Coordinating Council, the Electric Reliability 

Organization, and owners and operators of critical electric infrastructure and defense and military installations, prepare and 

submit to Congress a plan to establish a Strategic Transformer 

Reserve for the storage, in strategically located facilities, of 

spare large power transformers and emergency mobile substations in sufficient numbers to temporarily replace critically 

damaged large power transformers and substations that are 

critical electric infrastructure or serve defense and military 

installations. 

(2) INCLUSIONS.—The Strategic Transformer Reserve plan 

shall include a description of— 

(A) the appropriate number and type of spare large 

power transformers necessary to provide or restore sufficient resiliency to the bulk-power system, critical electric 

infrastructure, and defense and military installations to 

mitigate significant impacts to the electric grid resulting 

from— 

(i) physical attack; 

(ii) cyber attack; 

(iii) electromagnetic pulse attack; 


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(iv) geomagnetic disturbances; 

(v) severe weather; or 

(vi) seismic events; 

(B) other critical electric grid equipment for which 

an inventory of spare equipment, including emergency 

mobile substations, is necessary to provide or restore sufficient resiliency to the bulk-power system, critical electric 

infrastructure, and defense and military installations; 

(C) the degree to which utility sector actions or initiatives, including individual utility ownership of spare equipment, joint ownership of spare equipment inventory, 

sharing agreements, or other spare equipment reserves 

or arrangements, satisfy the needs identified under subparagraphs (A) and (B); 

(D) the potential locations for, and feasibility and 

appropriate number of, strategic storage locations for 

reserve equipment, including consideration of— 

(i) the physical security of such locations; 

(ii) the protection of the confidentiality of such 

locations; and 

(iii) the proximity of such locations to sites of 

potentially critically damaged large power transformers and substations that are critical electric infrastructure or serve defense and military installations, 

so as to enable efficient delivery of equipment to such 

sites; 

(E) the necessary degree of flexibility of spare large 

power transformers to be included in the Strategic Transformer Reserve to conform to different substation configurations, including consideration of transformer— 

(i) power and voltage rating for each winding; 

(ii) overload requirements; 

(iii) impedance between windings; 

(iv) configuration of windings; and 

(v) tap requirements; 

(F) an estimate of the direct cost of the Strategic Transformer Reserve, as proposed, including— 

(i) the cost of storage facilities; 

(ii) the cost of the equipment; and 

(iii) management, maintenance, and operation 

costs; 

(G) the funding options available to establish, stock, 

manage, and maintain the Strategic Transformer Reserve, 

including consideration of fees on owners and operators 

of bulk-power system facilities, critical electric infrastructure, and defense and military installations relying on the 

Strategic Transformer Reserve, use of Federal appropriations, and public-private cost-sharing options; 

(H) the ease and speed of transportation, installation, 

and energization of spare large power transformers to be 

included in the Strategic Transformer Reserve, including 

consideration of factors such as— 

(i) transformer transportation weight; 

(ii) transformer size; 

(iii) topology of critical substations; 

(iv) availability of appropriate transformer 

mounting pads; 


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129 STAT. 1782 PUBLIC LAW 114–94—DEC. 4, 2015 

(v) flexibility of the spare large power transformers 

as described in subparagraph (E); and 

(vi) ability to rapidly transition a spare large power 

transformer from storage to energization; 

(I) eligibility criteria for withdrawal of equipment from 

the Strategic Transformer Reserve; 

(J) the process by which owners or operators of critically damaged large power transformers or substations that 

are critical electric infrastructure or serve defense and 

military installations may apply for a withdrawal from 

the Strategic Transformer Reserve; 

(K) the process by which equipment withdrawn from 

the Strategic Transformer Reserve is returned to the Strategic Transformer Reserve or is replaced; 

(L) possible fees to be paid by users of equipment 

withdrawn from the Strategic Transformer Reserve; 

(M) possible fees to be paid by owners and operators 

of large power transformers and substations that are critical electric infrastructure or serve defense and military 

installations to cover operating costs of the Strategic Transformer Reserve; 

(N) the domestic and international large power transformer supply chain; 

(O) the potential reliability, cost, and operational benefits of including emergency mobile substations in any Strategic Transformer Reserve established under this section; 

and 

(P) other considerations for designing, constructing, 

stocking, funding, and managing the Strategic Transformer 

Reserve. 

(d) DISCLOSURE OF INFORMATION.—Any information included 

in the Strategic Transformer Reserve plan, or shared in the preparation and development of such plan, the disclosure of which could 

cause harm to critical electric infrastructure, shall be exempt from 

disclosure under section 552(b)(3) of title 5, United States Code, 

and any State, tribal, or local law requiring disclosure of information 

or records. 

SEC. 61005. ENERGY SECURITY VALUATION. 

(a) ESTABLISHMENT OF ENERGY SECURITY VALUATION

METHODS.—Not later than 1 year after the date of enactment 

of this Act, the Secretary of Energy, in collaboration with the 

Secretary of State, shall develop and transmit, after public notice 

and comment, to the Committee on Energy and Commerce and 

the Committee on Foreign Affairs of the House of Representatives 

and the Committee on Energy and Natural Resources and the 

Committee on Foreign Relations of the Senate a report that includes 

recommended United States energy security valuation methods. 

In developing the report, the Secretaries may consider the recommendations of the Administration’s Quadrennial Energy Review 

released on April 21, 2015. The report shall— 

(1) evaluate and define United States energy security to 

reflect modern domestic and global energy markets and the 

collective needs of the United States and its allies and partners; 

(2) identify transparent and uniform or coordinated procedures and criteria to ensure that energy-related actions that 

significantly affect the supply, distribution, or use of energy 


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are evaluated with respect to their potential impact on energy 

security, including their impact on— 

(A) consumers and the economy; 

(B) energy supply diversity and resiliency; 

(C) well-functioning and competitive energy markets; 

(D) United States trade balance; and 

(E) national security objectives; and 

(3) include a recommended implementation strategy that 

identifies and aims to ensure that the procedures and criteria 

referred to in paragraph (2) are— 

(A) evaluated consistently across the Federal Government; and 

(B) weighed appropriately and balanced with environmental considerations required by Federal law. 

(b) PARTICIPATION.—In developing the report referred to in 

subsection (a), the Secretaries may consult with relevant Federal, 

State, private sector, and international participants, as appropriate 

and consistent with applicable law. 

DIVISION G—FINANCIAL SERVICES 

TITLE LXXI—IMPROVING ACCESS TO 

CAPITAL FOR EMERGING GROWTH 

COMPANIES 

SEC. 71001. FILING REQUIREMENT FOR PUBLIC FILING PRIOR TO 

PUBLIC OFFERING. 

Section 6(e)(1) of the Securities Act of 1933 (15 U.S.C. 77f(e)(1)) 

is amended by striking ‘‘21 days’’ and inserting ‘‘15 days’’. 

SEC. 71002. GRACE PERIOD FOR CHANGE OF STATUS OF EMERGING 

GROWTH COMPANIES. 

Section 6(e)(1) of the Securities Act of 1933 (15 U.S.C. 77f(e)(1)) 

is further amended by adding at the end the following: ‘‘An issuer 

that was an emerging growth company at the time it submitted 

a confidential registration statement or, in lieu thereof, a publicly 

filed registration statement for review under this subsection but 

ceases to be an emerging growth company thereafter shall continue 

to be treated as an emerging market growth company for the 

purposes of this subsection through the earlier of the date on 

which the issuer consummates its initial public offering pursuant 

to such registrations statement or the end of the 1-year period 

beginning on the date the company ceases to be an emerging growth 

company.’’. 

SEC. 71003. SIMPLIFIED DISCLOSURE REQUIREMENTS FOR EMERGING 

GROWTH COMPANIES. 

Section 102 of the Jumpstart Our Business Startups Act (Public 

Law 112–106) is amended by adding at the end the following: 

‘‘(d) SIMPLIFIED DISCLOSURE REQUIREMENTS.—With respect to 

an emerging growth company (as such term is defined under section 

2 of the Securities Act of 1933): 

‘‘(1) REQUIREMENT TO INCLUDE NOTICE ON FORMS S–1 AND

F–1.—Not later than 30 days after the date of enactment of 

this subsection, the Securities and Exchange Commission shall 

15 USC 77g note. 


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revise its general instructions on Forms S–1 and F–1 to indicate 

that a registration statement filed (or submitted for confidential 

review) by an issuer prior to an initial public offering may 

omit financial information for historical periods otherwise 

required by regulation S–X (17 CFR 210.1–01 et seq.) as of 

the time of filing (or confidential submission) of such registration statement, provided that— 

‘‘(A) the omitted financial information relates to a 

historical period that the issuer reasonably believes will 

not be required to be included in the Form S–1 or F– 

1 at the time of the contemplated offering; and 

‘‘(B) prior to the issuer distributing a preliminary prospectus to investors, such registration statement is 

amended to include all financial information required by 

such regulation S–X at the date of such amendment. 

‘‘(2) RELIANCE BY ISSUERS.—Effective 30 days after the 

date of enactment of this subsection, an issuer filing a registration statement (or submitting the statement for confidential 

review) on Form S–1 or Form F–1 may omit financial information for historical periods otherwise required by regulation S– 

X (17 CFR 210.1–01 et seq.) as of the time of filing (or confidential submission) of such registration statement, provided that— 

‘‘(A) the omitted financial information relates to a 

historical period that the issuer reasonably believes will 

not be required to be included in the Form S–1 or Form 

F–1 at the time of the contemplated offering; and 

‘‘(B) prior to the issuer distributing a preliminary prospectus to investors, such registration statement is 

amended to include all financial information required by 

such regulation S–X at the date of such amendment.’’. 

TITLE LXXII—DISCLOSURE 

MODERNIZATION AND SIMPLIFICATION 

SEC. 72001. SUMMARY PAGE FOR FORM 10–K. 

Not later than the end of the 180-day period beginning on 

the date of the enactment of this Act, the Securities and Exchange 

Commission shall issue regulations to permit issuers to submit 

a summary page on form 10–K (17 CFR 249.310), but only if 

each item on such summary page includes a cross-reference (by 

electronic link or otherwise) to the material contained in form 

10–K to which such item relates. 

SEC. 72002. IMPROVEMENT OF REGULATION S–K. 

Not later than the end of the 180-day period beginning on 

the date of the enactment of this Act, the Securities and Exchange 

Commission shall take all such actions to revise regulation S– 

K (17 CFR 229.10 et seq.)— 

(1) to further scale or eliminate requirements of regulation 

S–K, in order to reduce the burden on emerging growth companies, accelerated filers, smaller reporting companies, and other 

smaller issuers, while still providing all material information 

to investors; 

(2) to eliminate provisions of regulation S–K, required for 

all issuers, that are duplicative, overlapping, outdated, or 

unnecessary; and 

15 USC 77g note. 

15 USC 78m 

note. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1785 

(3) for which the Commission determines that no further 

study under section 72203 is necessary to determine the efficacy 

of such revisions to regulation S–K. 

SEC. 72003. STUDY ON MODERNIZATION AND SIMPLIFICATION OF 

REGULATION S–K. 

(a) STUDY.—The Securities and Exchange Commission shall 

carry out a study of the requirements contained in regulation S– 

K (17 CFR 229.10 et seq.). Such study shall— 

(1) determine how best to modernize and simplify such 

requirements in a manner that reduces the costs and burdens 

on issuers while still providing all material information; 

(2) emphasize a company by company approach that allows 

relevant and material information to be disseminated to investors without boilerplate language or static requirements while 

preserving completeness and comparability of information 

across registrants; and 

(3) evaluate methods of information delivery and presentation and explore methods for discouraging repetition and 

the disclosure of immaterial information. 

(b) CONSULTATION.—In conducting the study required under 

subsection (a), the Commission shall consult with the Investor 

Advisory Committee and the Advisory Committee on Small and 

Emerging Companies. 

(c) REPORT.—Not later than the end of the 360-day period 

beginning on the date of enactment of this Act, the Commission 

shall issue a report to the Congress containing— 

(1) all findings and determinations made in carrying out 

the study required under subsection (a); 

(2) specific and detailed recommendations on modernizing 

and simplifying the requirements in regulation S–K in a 

manner that reduces the costs and burdens on companies while 

still providing all material information; and 

(3) specific and detailed recommendations on ways to 

improve the readability and navigability of disclosure documents and to discourage repetition and the disclosure of 

immaterial information. 

(d) RULEMAKING.—Not later than the end of the 360-day period 

beginning on the date that the report is issued to the Congress 

under subsection (c), the Commission shall issue a proposed rule 

to implement the recommendations of the report issued under subsection (c). 

(e) RULE OF CONSTRUCTION.—Revisions made to regulation S– 

K by the Commission under section 202 shall not be construed 

as satisfying the rulemaking requirements under this section. 

TITLE LXXIII—BULLION AND COLLECTIBLE COIN PRODUCTION EFFICIENCY 

AND COST SAVINGS 

SEC. 73001. TECHNICAL CORRECTIONS. 

Title 31, United States Code, is amended— 

(1) in section 5112— 

(A) in subsection (q)— 

(i) by striking paragraphs (3) and (8); and 

15 USC 77s note. 


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129 STAT. 1786 PUBLIC LAW 114–94—DEC. 4, 2015 

(ii) by redesignating paragraphs (4), (5), (6), and 

(7) as paragraphs (3), (4), (5), and (6), respectively; 

(B) in subsection (t)(6)(B), by striking ‘‘90 percent silver 

and 10 percent copper’’ and inserting ‘‘not less than 90 

percent silver’’; and 

(C) in subsection (v)— 

(i) in paragraph (1), by striking ‘‘Subject to’’ and 

all that follows through ‘‘the Secretary shall’’ and 

inserting ‘‘The Secretary shall’’; 

(ii) in paragraph (2)(A), by striking ‘‘The Secretary’’ 

and inserting ‘‘To the greatest extent possible, the Secretary’’; 

(iii) in paragraph (5), by inserting after ‘‘may issue’’ 

the following: ‘‘collectible versions of’’; and 

(iv) by striking paragraph (8); and 

(2) in section 5132(a)(2)(B)(i), by striking ‘‘90 percent silver 

and 10 percent copper’’ and inserting ‘‘not less than 90 percent 

silver’’. 

SEC. 73002. AMERICAN EAGLE SILVER BULLION 30TH ANNIVERSARY. 

Proof and uncirculated versions of coins issued by the Secretary 

of the Treasury pursuant to subsection (e) of section 5112 of title 

31, United States Code, during calendar year 2016 shall have 

a smooth edge incused with a designation that notes the 30th 

anniversary of the first issue of coins under such subsection. 

TITLE LXXIV—SBIC ADVISERS RELIEF 

SEC. 74001. ADVISERS OF SBICS AND VENTURE CAPITAL FUNDS. 

Section 203(l) of the Investment Advisers Act of 1940 (15 U.S.C. 

80b–3(l)) is amended— 

(1) by striking ‘‘No investment adviser’’ and inserting the 

following: 

‘‘(1) IN GENERAL.—No investment adviser’’; and 

(2) by adding at the end the following: 

‘‘(2) ADVISERS OF SBICS.—For purposes of this subsection, 

a venture capital fund includes an entity described in subparagraph (A), (B), or (C) of subsection (b)(7) (other than an entity 

that has elected to be regulated or is regulated as a business 

development company pursuant to section 54 of the Investment 

Company Act of 1940).’’. 

SEC. 74002. ADVISERS OF SBICS AND PRIVATE FUNDS. 

Section 203(m) of the Investment Advisers Act of 1940 (15 

U.S.C. 80b–3(m)) is amended by adding at the end the following: 

‘‘(3) ADVISERS OF SBICS.—For purposes of this subsection, 

the assets under management of a private fund that is an 

entity described in subparagraph (A), (B), or (C) of subsection 

(b)(7) (other than an entity that has elected to be regulated 

or is regulated as a business development company pursuant 

to section 54 of the Investment Company Act of 1940) shall 

be excluded from the limit set forth in paragraph (1).’’. 

SEC. 74003. RELATIONSHIP TO STATE LAW. 

Section 203A(b)(1) of the Investment Advisers Act of 1940 (15 

U.S.C. 80b–3a(b)(1)) is amended— 

(1) in subparagraph (A), by striking ‘‘or’’ at the end; 


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(2) in subparagraph (B), by striking the period at the 

end and inserting ‘‘; or’’; and 

(3) by adding at the end the following: 

‘‘(C) that is not registered under section 203 because 

that person is exempt from registration as provided in 

subsection (b)(7) of such section, or is a supervised person 

of such person.’’. 

TITLE LXXV—ELIMINATE PRIVACY 

NOTICE CONFUSION 

SEC. 75001. EXCEPTION TO ANNUAL PRIVACY NOTICE REQUIREMENT 

UNDER THE GRAMM-LEACH-BLILEY ACT. 

Section 503 of the Gramm-Leach-Bliley Act (15 U.S.C. 6803) 

is amended by adding at the end the following: 

‘‘(f) EXCEPTION TO ANNUAL NOTICE REQUIREMENT.—A financial 

institution that— 

‘‘(1) provides nonpublic personal information only in accordance with the provisions of subsection (b)(2) or (e) of section 

502 or regulations prescribed under section 504(b), and 

‘‘(2) has not changed its policies and practices with regard 

to disclosing nonpublic personal information from the policies 

and practices that were disclosed in the most recent disclosure 

sent to consumers in accordance with this section, 

shall not be required to provide an annual disclosure under this 

section until such time as the financial institution fails to comply 

with any criteria described in paragraph (1) or (2).’’. 

TITLE LXXVI—REFORMING ACCESS FOR 

INVESTMENTS IN STARTUP ENTERPRISES 

SEC. 76001. EXEMPTED TRANSACTIONS. 

(a) EXEMPTED TRANSACTIONS.—Section 4 of the Securities Act 

of 1933 (15 U.S.C. 77d) is amended— 

(1) in subsection (a), by adding at the end the following 

new paragraph: 

‘‘(7) transactions meeting the requirements of subsection 

(d).’’; 

(2) by redesignating the second subsection (b) (relating 

to securities offered and sold in compliance with Rule 506 

of Regulation D) as subsection (c); and 

(3) by adding at the end the following: 

‘‘(d) CERTAIN ACCREDITED INVESTOR TRANSACTIONS.—The transactions referred to in subsection (a)(7) are transactions meeting 

the following requirements: 

‘‘(1) ACCREDITED INVESTOR REQUIREMENT.—Each purchaser 

is an accredited investor, as that term is defined in section 

230.501(a) of title 17, Code of Federal Regulations (or any 

successor regulation). 

‘‘(2) PROHIBITION ON GENERAL SOLICITATION OR ADVER- TISING.—Neither the seller, nor any person acting on the seller’s 


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behalf, offers or sells securities by any form of general solicitation or general advertising. 

‘‘(3) INFORMATION REQUIREMENT.—In the case of a transaction involving the securities of an issuer that is neither 

subject to section 13 or 15(d) of the Securities Exchange Act 

of 1934 (15 U.S.C. 78m; 78o(d)), nor exempt from reporting 

pursuant to section 240.12g3–2(b) of title 17, Code of Federal 

Regulations, nor a foreign government (as defined in section 

230.405 of title 17, Code of Federal Regulations) eligible to 

register securities under Schedule B, the seller and a prospective purchaser designated by the seller obtain from the issuer, 

upon request of the seller, and the seller in all cases makes 

available to a prospective purchaser, the following information 

(which shall be reasonably current in relation to the date of 

resale under this section): 

‘‘(A) The exact name of the issuer and the issuer’s 

predecessor (if any). 

‘‘(B) The address of the issuer’s principal executive 

offices. 

‘‘(C) The exact title and class of the security. 

‘‘(D) The par or stated value of the security. 

‘‘(E) The number of shares or total amount of the 

securities outstanding as of the end of the issuer’s most 

recent fiscal year. 

‘‘(F) The name and address of the transfer agent, corporate secretary, or other person responsible for transferring shares and stock certificates. 

‘‘(G) A statement of the nature of the business of the 

issuer and the products and services it offers, which shall 

be presumed reasonably current if the statement is as 

of 12 months before the transaction date. 

‘‘(H) The names of the officers and directors of the 

issuer. 

‘‘(I) The names of any persons registered as a broker, 

dealer, or agent that shall be paid or given, directly or 

indirectly, any commission or remuneration for such person’s participation in the offer or sale of the securities. 

‘‘(J) The issuer’s most recent balance sheet and profit 

and loss statement and similar financial statements, which 

shall— 

‘‘(i) be for such part of the 2 preceding fiscal years 

as the issuer has been in operation; 

‘‘(ii) be prepared in accordance with generally 

accepted accounting principles or, in the case of a 

foreign private issuer, be prepared in accordance with 

generally accepted accounting principles or the International Financial Reporting Standards issued by the 

International Accounting Standards Board; 

‘‘(iii) be presumed reasonably current if— 

‘‘(I) with respect to the balance sheet, the balance sheet is as of a date less than 16 months 

before the transaction date; and 

‘‘(II) with respect to the profit and loss statement, such statement is for the 12 months preceding the date of the issuer’s balance sheet; and 


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‘‘(iv) if the balance sheet is not as of a date less 

than 6 months before the transaction date, be accompanied by additional statements of profit and loss for 

the period from the date of such balance sheet to 

a date less than 6 months before the transaction date. 

‘‘(K) To the extent that the seller is a control person 

with respect to the issuer, a brief statement regarding 

the nature of the affiliation, and a statement certified 

by such seller that they have no reasonable grounds to 

believe that the issuer is in violation of the securities 

laws or regulations. 

‘‘(4) ISSUERS DISQUALIFIED.—The transaction is not for the 

sale of a security where the seller is an issuer or a subsidiary, 

either directly or indirectly, of the issuer. 

‘‘(5) BAD ACTOR PROHIBITION.—Neither the seller, nor any 

person that has been or will be paid (directly or indirectly) 

remuneration or a commission for their participation in the 

offer or sale of the securities, including solicitation of purchasers 

for the seller is subject to an event that would disqualify 

an issuer or other covered person under Rule 506(d)(1) of Regulation D (17 CFR 230.506(d)(1)) or is subject to a statutory 

disqualification described under section 3(a)(39) of the Securities Exchange Act of 1934. 

‘‘(6) BUSINESS REQUIREMENT.—The issuer is engaged in 

business, is not in the organizational stage or in bankruptcy 

or receivership, and is not a blank check, blind pool, or shell 

company that has no specific business plan or purpose or has 

indicated that the issuer’s primary business plan is to engage 

in a merger or combination of the business with, or an acquisition of, an unidentified person. 

‘‘(7) UNDERWRITER PROHIBITION.—The transaction is not 

with respect to a security that constitutes the whole or part 

of an unsold allotment to, or a subscription or participation 

by, a broker or dealer as an underwriter of the security or 

a redistribution. 

‘‘(8) OUTSTANDING CLASS REQUIREMENT.—The transaction 

is with respect to a security of a class that has been authorized 

and outstanding for at least 90 days prior to the date of the 

transaction. 

‘‘(e) ADDITIONAL REQUIREMENTS.— 

‘‘(1) IN GENERAL.—With respect to an exempted transaction 

described under subsection (a)(7): 

‘‘(A) Securities acquired in such transaction shall be 

deemed to have been acquired in a transaction not involving 

any public offering. 

‘‘(B) Such transaction shall be deemed not to be a 

distribution for purposes of section 2(a)(11). 

‘‘(C) Securities involved in such transaction shall be 

deemed to be restricted securities within the meaning of 

Rule 144 (17 CFR 230.144). 

‘‘(2) RULE OF CONSTRUCTION.—The exemption provided by 

subsection (a)(7) shall not be the exclusive means for establishing an exemption from the registration requirements of 

section 5.’’. 

(b) EXEMPTION IN CONNECTION WITH CERTAIN EXEMPT

OFFERINGS.—Section 18(b)(4) of the Securities Act of 1933 (15 U.S.C. 

77r(b)(4)) is amended— 


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129 STAT. 1790 PUBLIC LAW 114–94—DEC. 4, 2015 

(1) by redesignating the second subparagraph (D) and 

subparagraph (E) as subparagraphs (E) and (F), respectively; 

(2) in subparagraph (E), as so redesignated, by striking 

‘‘; or’’ and inserting a semicolon; 

(3) in subparagraph (F), as so redesignated, by striking 

the period and inserting ‘‘; or’’; and 

(4) by adding at the end the following new subparagraph: 

‘‘(G) section 4(a)(7).’’. 

TITLE LXXVII—PRESERVATION ENHANCEMENT AND SAVINGS OPPORTUNITY 

SEC. 77001. DISTRIBUTIONS AND RESIDUAL RECEIPTS. 

Section 222 of the Low-Income Housing Preservation and Resident Homeownership Act of 1990 (12 U.S.C. 4112) is amended 

by adding at the end the following new subsection: 

‘‘(e) DISTRIBUTION AND RESIDUAL RECEIPTS.— 

‘‘(1) AUTHORITY.—After the date of the enactment of this 

subsection, the owner of a property subject to a plan of action 

or use agreement pursuant to this section shall be entitled 

to distribute— 

‘‘(A) annually, all surplus cash generated by the property, but only if the owner is in material compliance with 

such use agreement including compliance with prevailing 

physical condition standards established by the Secretary; 

and 

‘‘(B) notwithstanding any conflicting provision in such 

use agreement, any funds accumulated in a residual 

receipts account, but only if the owner is in material compliance with such use agreement and has completed, or set 

aside sufficient funds for completion of, any capital repairs 

identified by the most recent third party capital needs 

assessment. 

‘‘(2) OPERATION OF PROPERTY.—An owner that distributes 

any amounts pursuant to paragraph (1) shall— 

‘‘(A) continue to operate the property in accordance 

with the affordability provisions of the use agreement for 

the property for the remaining useful life of the property; 

‘‘(B) as required by the plan of action for the property, 

continue to renew or extend any project-based rental assistance contract for a term of not less than 20 years; and 

‘‘(C) if the owner has an existing multi-year projectbased rental assistance contract for less than 20 years, 

have the option to extend the contract to a 20-year term.’’. 

SEC. 77002. FUTURE REFINANCINGS. 

Section 214 of the Low-Income Housing Preservation and Resident Homeownership Act of 1990 (12 U.S.C. 4104) is amended 

by adding at the end the following new subsection: 

‘‘(c) FUTURE FINANCING.—Neither this section, nor any plan 

of action or use agreement implementing this section, shall restrict 

an owner from obtaining a new loan or refinancing an existing 

loan secured by the project, or from distributing the proceeds of 

such a loan; except that, in conjunction with such refinancing— 


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‘‘(1) the owner shall provide for adequate rehabilitation 

pursuant to a capital needs assessment to ensure long-term 

sustainability of the property satisfactory to the lender or bond 

issuance agency; 

‘‘(2) any resulting budget-based rent increase shall include 

debt service on the new financing, commercially reasonable 

debt service coverage, and replacement reserves as required 

by the lender; and 

‘‘(3) for tenants of dwelling units not covered by a projector tenant-based rental subsidy, any rent increases resulting 

from the refinancing transaction may not exceed 10 percent 

per year, except that— 

‘‘(A) any tenant occupying a dwelling unit as of time 

of the refinancing may not be required to pay for rent 

and utilities, for the duration of such tenancy, an amount 

that exceeds the greater of— 

‘‘(i) 30 percent of the tenant’s income; or 

‘‘(ii) the amount paid by the tenant for rent and 

utilities immediately before such refinancing; and 

‘‘(B) this paragraph shall not apply to any tenant who 

does not provide the owner with proof of income. 

Paragraph (3) may not be construed to limit any rent increases 

resulting from increased operating costs for a project.’’. 

SEC. 77003. IMPLEMENTATION. 

The Secretary of Housing and Urban Development shall issue 

any guidance that the Secretary considers necessary to carry out 

the provisions added by the amendments made by this title not 

later than the expiration of the 120-day period beginning on the 

date of the enactment of this Act. 

TITLE LXXVIII—TENANT INCOME 

VERIFICATION RELIEF 

SEC. 78001. REVIEWS OF FAMILY INCOMES. 

(a) IN GENERAL.—The second sentence of paragraph (1) of section 3(a) of the United States Housing Act of 1937 (42 U.S.C. 

1437a(a)(1)) is amended by inserting before the period at the end 

the following: ‘‘; except that, in the case of any family with a 

fixed income, as defined by the Secretary, after the initial review 

of the family’s income, the public housing agency or owner shall 

not be required to conduct a review of the family’s income for 

any year for which such family certifies, in accordance with such 

requirements as the Secretary shall establish, which shall include 

policies to adjust for inflation-based income changes, that 90 percent 

or more of the income of the family consists of fixed income, and 

that the sources of such income have not changed since the previous 

year, except that the public housing agency or owner shall conduct 

a review of each such family’s income not less than once every 

3 years’’. 

(b) HOUSING CHOICE VOUCHER PROGRAM.—Subparagraph (A) 

of section 8(o)(5) of the United States Housing Act of 1937 (42 

U.S.C. 1437f(o)(5)(A)) is amended by striking ‘‘not less than 

annually’’ and inserting ‘‘as required by section 3(a)(1) of this Act’’. 

12 USC 4104 

note. 


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129 STAT. 1792 PUBLIC LAW 114–94—DEC. 4, 2015 

TITLE LXXIX—HOUSING ASSISTANCE 

EFFICIENCY 

SEC. 79001. AUTHORITY TO ADMINISTER RENTAL ASSISTANCE. 

Subsection (g) of section 423 of the McKinney-Vento Homeless 

Assistance Act (42 U.S.C. 11383(g)) is amended by inserting ‘‘private 

nonprofit organization,’’ after ‘‘unit of general local government,’’. 

SEC. 79002. REALLOCATION OF FUNDS. 

Paragraph (1) of section 414(d) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11373(d)(1)) is amended by striking 

‘‘twice’’ and inserting ‘‘once’’. 

TITLE LXXX—CHILD SUPPORT 

ASSISTANCE 

SEC. 80001. REQUESTS FOR CONSUMER REPORTS BY STATE OR LOCAL 

CHILD SUPPORT ENFORCEMENT AGENCIES. 

Paragraph (4) of section 604(a) of the Fair Credit Reporting 

Act (15 U.S.C. 1681b(a)(4)) is amended— 

(1) in subparagraph (A), by striking ‘‘or determining the 

appropriate level of such payments’’ and inserting ‘‘, determining the appropriate level of such payments, or enforcing 

a child support order, award, agreement, or judgment’’; 

(2) in subparagraph (B)— 

(A) by striking ‘‘paternity’’ and inserting ‘‘parentage’’; 

and 

(B) by adding ‘‘and’’ at the end; 

(3) by striking subparagraph (C); and 

(4) by redesignating subparagraph (D) as subparagraph 

(C). 

TITLE LXXXI—PRIVATE INVESTMENT IN 

HOUSING 

SEC. 81001. BUDGET-NEUTRAL DEMONSTRATION PROGRAM FOR 

ENERGY AND WATER CONSERVATION IMPROVEMENTS 

AT MULTIFAMILY RESIDENTIAL UNITS. 

(a) ESTABLISHMENT.—The Secretary of Housing and Urban 

Development (in this section referred to as the ‘‘Secretary’’) shall 

establish a demonstration program under which the Secretary may 

execute budget-neutral, performance-based agreements in fiscal 

years 2016 through 2019 that result in a reduction in energy 

or water costs with such entities as the Secretary determines to 

be appropriate under which the entities shall carry out projects 

for energy or water conservation improvements at not more than 

20,000 residential units in multifamily buildings participating in— 

(1) the project-based rental assistance program under section 8 of the United States Housing Act of 1937 (42 U.S.C. 

1437f), other than assistance provided under section 8(o) of 

that Act; 

42 USC 12712 

note. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1793 

(2) the supportive housing for the elderly program under 

section 202 of the Housing Act of 1959 (12 U.S.C. 1701q); 

or 

(3) the supportive housing for persons with disabilities 

program under section 811(d)(2) of the Cranston-Gonzalez 

National Affordable Housing Act (42 U.S.C. 8013(d)(2)). 

(b) REQUIREMENTS.— 

(1) PAYMENTS CONTINGENT ON SAVINGS.— 

(A) IN GENERAL.—The Secretary shall provide to an 

entity a payment under an agreement under this section 

only during applicable years for which an energy or water 

cost savings is achieved with respect to the applicable 

multifamily portfolio of properties, as determined by the 

Secretary, in accordance with subparagraph (B). 

(B) PAYMENT METHODOLOGY.— 

(i) IN GENERAL.—Each agreement under this section shall include a pay-for-success provision that— 

(I) shall serve as a payment threshold for the 

term of the agreement; and 

(II) requires that payments shall be contingent 

on realized cost savings associated with reduced 

utility consumption in the participating properties. 

(ii) LIMITATIONS.—A payment made by the Secretary under an agreement under this section— 

(I) shall be contingent on documented utility 

savings; and 

(II) shall not exceed the utility savings 

achieved by the date of the payment, and not 

previously paid, as a result of the improvements 

made under the agreement. 

(C) THIRD-PARTY VERIFICATION.—Savings payments 

made by the Secretary under this section shall be based 

on a measurement and verification protocol that includes 

at least— 

(i) establishment of a weather-normalized and 

occupancy-normalized utility consumption baseline 

established pre-retrofit; 

(ii) annual third-party confirmation of actual 

utility consumption and cost for utilities; 

(iii) annual third-party validation of the tenant 

utility allowances in effect during the applicable year 

and vacancy rates for each unit type; and 

(iv) annual third-party determination of savings 

to the Secretary. 

An agreement under this section with an entity shall provide that the entity shall cover costs associated with thirdparty verification under this subparagraph. 

(2) TERMS OF PERFORMANCE-BASED AGREEMENTS.—A 

performance-based agreement under this section shall include— 

(A) the period that the agreement will be in effect 

and during which payments may be made, which may 

not be longer than 12 years; 

(B) the performance measures that will serve as payment thresholds during the term of the agreement; 

(C) an audit protocol for the properties covered by 

the agreement; 


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129 STAT. 1794 PUBLIC LAW 114–94—DEC. 4, 2015 

(D) a requirement that payments shall be contingent 

on realized cost savings associated with reduced utility 

consumption in the participating properties; and 

(E) such other requirements and terms as determined 

to be appropriate by the Secretary. 

(3) ENTITY ELIGIBILITY.—The Secretary shall— 

(A) establish a competitive process for entering into 

agreements under this section; and 

(B) enter into such agreements only with entities that, 

either jointly or individually, demonstrate significant 

experience relating to— 

(i) financing or operating properties receiving 

assistance under a program identified in subsection 

(a); 

(ii) oversight of energy or water conservation programs, including oversight of contractors; and 

(iii) raising capital for energy or water conservation 

improvements from charitable organizations or private 

investors. 

(4) GEOGRAPHICAL DIVERSITY.—Each agreement entered 

into under this section shall provide for the inclusion of properties with the greatest feasible regional and State variance. 

(5) PROPERTIES.—A property may only be included in the 

demonstration under this section only if the property is subject 

to affordability restrictions for at least 15 years after the date 

of the completion of any conservation improvements made to 

the property under the demonstration program. Such restrictions may be made through an extended affordability agreement 

for the property under a new housing assistance payments 

contract with the Secretary of Housing and Urban Development 

or through an enforceable covenant with the owner of the 

property. 

(c) PLAN AND REPORTS.— 

(1) PLAN.—Not later than 90 days after the date of enactment of this Act, the Secretary shall submit to the Committees 

on Appropriations and Financial Services of the House of Representatives and the Committees on Appropriations and 

Banking, Housing, and Urban Affairs of the Senate a detailed 

plan for the implementation of this section. 

(2) REPORTS.—Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall— 

(A) conduct an evaluation of the program under this 

section; and 

(B) submit to Congress a report describing each evaluation conducted under subparagraph (A). 

(d) FUNDING.—For each fiscal year during which an agreement 

under this section is in effect, the Secretary may use to carry 

out this section any funds appropriated to the Secretary for the 

renewal of contracts under a program described in subsection (a). 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1795 

TITLE LXXXII—CAPITAL ACCESS FOR 

SMALL COMMUNITY FINANCIAL INSTITUTIONS 

SEC. 82001. PRIVATELY INSURED CREDIT UNIONS AUTHORIZED TO 

BECOME MEMBERS OF A FEDERAL HOME LOAN BANK. 

(a) IN GENERAL.—Section 4(a) of the Federal Home Loan Bank 

Act (12 U.S.C. 1424(a)) is amended by adding at the end the 

following new paragraph: 

‘‘(5) CERTAIN PRIVATELY INSURED CREDIT UNIONS.— 

‘‘(A) IN GENERAL.—Subject to the requirements of 

subparagraph (B), a credit union shall be treated as an 

insured depository institution for purposes of determining 

the eligibility of such credit union for membership in a 

Federal home loan bank under paragraphs (1), (2), and 

(3). 

‘‘(B) CERTIFICATION BY APPROPRIATE SUPERVISOR.— 

‘‘(i) IN GENERAL.—For purposes of this paragraph 

and subject to clause (ii), a credit union which lacks 

Federal deposit insurance and which has applied for 

membership in a Federal home loan bank may be 

treated as meeting all the eligibility requirements for 

Federal deposit insurance only if the appropriate 

supervisor of the State in which the credit union is 

chartered has determined that the credit union meets 

all the eligibility requirements for Federal deposit 

insurance as of the date of the application for membership. 

‘‘(ii) CERTIFICATION DEEMED VALID.—If, in the case 

of any credit union to which clause (i) applies, the 

appropriate supervisor of the State in which such credit 

union is chartered fails to make a determination pursuant to such clause by the end of the 6-month period 

beginning on the date of the application, the credit 

union shall be deemed to have met the requirements 

of clause (i). 

‘‘(C) SECURITY INTERESTS OF FEDERAL HOME LOAN BANK

NOT AVOIDABLE.—Notwithstanding any provision of State 

law authorizing a conservator or liquidating agent of a 

credit union to repudiate contracts, no such provision shall 

apply with respect to— 

‘‘(i) any extension of credit from any Federal home 

loan bank to any credit union which is a member 

of any such bank pursuant to this paragraph; or 

‘‘(ii) any security interest in the assets of such 

credit union securing any such extension of credit. 

‘‘(D) PROTECTION FOR CERTAIN FEDERAL HOME LOAN

BANK ADVANCES.—Notwithstanding any State law to the 

contrary, if a Bank makes an advance under section 10 

to a State-chartered credit union that is not federally 

insured— 

‘‘(i) the Bank’s interest in any collateral securing 

such advance has the same priority and is afforded 

the same standing and rights that the security interest 


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129 STAT. 1796 PUBLIC LAW 114–94—DEC. 4, 2015 

would have had if the advance had been made to 

a federally insured credit union; and 

‘‘(ii) the Bank has the same right to access such 

collateral that the Bank would have had if the advance 

had been made to a federally insured credit union.’’. 

(b) COPIES OF AUDITS OF PRIVATE INSURERS OF CERTAIN DEPOSITORY INSTITUTIONS REQUIRED TO BE PROVIDED TO SUPERVISORY

AGENCIES.—Section 43(a)(2)(A) of the Federal Deposit Insurance 

Act (12 U.S.C. 1831t(a)(2)(A)) is amended— 

(1) in clause (i), by striking ‘‘and’’ at the end; 

(2) in clause (ii), by striking the period at the end and 

inserting ‘‘; and’’; and 

(3) by inserting at the end the following new clause: 

‘‘(iii) in the case of depository institutions described 

in subsection (e)(2)(A) the deposits of which are insured 

by the private insurer which are members of a Federal 

home loan bank, to the Federal Housing Finance 

Agency, not later than 7 days after the audit is completed.’’. 

SEC. 82002. GAO REPORT. 

Not later than 18 months after the date of enactment of this 

Act, the Comptroller General of the United States shall conduct 

a study and submit a report to Congress— 

(1) on the adequacy of insurance reserves held by a private 

deposit insurer that insures deposits in an entity described 

in section 43(e)(2)(A) of the Federal Deposit Insurance Act 

(12 U.S.C. 1831t(e)(2)(A)); and 

(2) for an entity described in paragraph (1) the deposits 

of which are insured by a private deposit insurer, information 

on the level of compliance with Federal regulations relating 

to the disclosure of a lack of Federal deposit insurance. 

TITLE LXXXIII—SMALL BANK EXAM 

CYCLE REFORM 

SEC. 83001. SMALLER INSTITUTIONS QUALIFYING FOR 18-MONTH 

EXAMINATION CYCLE. 

Section 10(d) of the Federal Deposit Insurance Act (12 U.S.C. 

1820(d)) is amended— 

(1) in paragraph (4)— 

(A) in subparagraph (A), by striking ‘‘$500,000,000’’ 

and inserting ‘‘$1,000,000,000’’; and 

(B) in subparagraph (C)(ii), by striking ‘‘$100,000,000’’ 

and inserting ‘‘$200,000,000’’; and 

(2) in paragraph (10)— 

(A) by striking ‘‘$100,000,000’’ and inserting 

‘‘$200,000,000’’; and 

(B) by striking ‘‘$500,000,000’’ and inserting 

‘‘$1,000,000,000’’. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1797 

TITLE LXXXIV—SMALL COMPANY 

SIMPLE REGISTRATION 

SEC. 84001. FORWARD INCORPORATION BY REFERENCE FOR FORM 

S–1. 

Not later than 45 days after the date of the enactment of 

this Act, the Securities and Exchange Commission shall revise 

Form S–1 so as to permit a smaller reporting company (as defined 

in section 230.405 of title 17, Code of Federal Regulations) to 

incorporate by reference in a registration statement filed on such 

form any documents that such company files with the Commission 

after the effective date of such registration statement. 

TITLE LXXXV—HOLDING COMPANY 

REGISTRATION THRESHOLD EQUALIZATION 

SEC. 85001. REGISTRATION THRESHOLD FOR SAVINGS AND LOAN 

HOLDING COMPANIES. 

The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) 

is amended— 

(1) in section 12(g)— 

(A) in paragraph (1)(B), by inserting after ‘‘is a bank’’ 

the following: ‘‘, a savings and loan holding company (as 

defined in section 10 of the Home Owners’ Loan Act),’’; 

and 

(B) in paragraph (4), by inserting after ‘‘case of a 

bank’’ the following: ‘‘, a savings and loan holding company 

(as defined in section 10 of the Home Owners’ Loan Act),’’; 

and 

(2) in section 15(d), by striking ‘‘case of bank’’ and inserting 

the following: ‘‘case of a bank, a savings and loan holding 

company (as defined in section 10 of the Home Owners’ Loan 

Act),’’. 

TITLE LXXXVI—REPEAL OF 

INDEMNIFICATION REQUIREMENTS 

SEC. 86001. REPEAL. 

(a) DERIVATIVES CLEARING ORGANIZATIONS.—Section 5b(k)(5) 

of the Commodity Exchange Act (7 U.S.C. 7a–1(k)(5)) is amended 

to read as follows: 

‘‘(5) CONFIDENTIALITY AGREEMENT.—Before the Commission 

may share information with any entity described in paragraph 

(4), the Commission shall receive a written agreement from 

each entity stating that the entity shall abide by the confidentiality requirements described in section 8 relating to the 

information on swap transactions that is provided.’’. 

(b) SWAP DATA REPOSITORIES.—Section 21 of the Commodity 

Exchange Act (7 U.S.C. 24a(d)) is amended— 

(1) in subsection (c)(7)— 

12 USC 78o. 

12 USC 78l. 

15 USC 77g note. 


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129 STAT. 1798 PUBLIC LAW 114–94—DEC. 4, 2015 

(A) in the matter preceding subparagraph (A), by 

striking ‘‘all’’ and inserting ‘‘swap’’; and 

(B) in subparagraph (E)— 

(i) in clause (ii), by striking ‘‘and’’ at the end; 

and 

(ii) by adding at the end the following: 

‘‘(iv) other foreign authorities; and’’; and 

(2) by striking subsection (d) and inserting the following: 

‘‘(d) CONFIDENTIALITY AGREEMENT.—Before the swap data 

repository may share information with any entity described in subsection (c)(7), the swap data repository shall receive a written 

agreement from each entity stating that the entity shall abide 

by the confidentiality requirements described in section 8 relating 

to the information on swap transactions that is provided.’’. 

(c) SECURITY-BASED SWAP DATA REPOSITORIES.—Section 

13(n)(5) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(n)(5)) 

is amended— 

(1) in subparagraph (G)— 

(A) in the matter preceding clause (i), by striking ‘‘all’’ 

and inserting ‘‘security-based swap’’; and 

(B) in clause (v)— 

(i) in subclause (II), by striking ‘‘; and’’ and 

inserting a semicolon; 

(ii) in subclause (III), by striking the period at 

the end and inserting ‘‘; and’’; and 

(iii) by adding at the end the following: 

‘‘(IV) other foreign authorities.’’; and 

(2) by striking subparagraph (H) and inserting the following: 

‘‘(H) CONFIDENTIALITY AGREEMENT.—Before the security-based swap data repository may share information 

with any entity described in subparagraph (G), the securitybased swap data repository shall receive a written agreement from each entity stating that the entity shall abide 

by the confidentiality requirements described in section 

24 relating to the information on security-based swap transactions that is provided.’’. 

(d) EFFECTIVE DATE.—The amendments made by this section 

shall take effect as if enacted as part of the Dodd-Frank Wall 

Street Reform and Consumer Protection Act (Public Law 111–203). 

TITLE LXXXVII—TREATMENT OF DEBT 

OR EQUITY INSTRUMENTS OF SMALLER INSTITUTIONS 

SEC. 87001. DATE FOR DETERMINING CONSOLIDATED ASSETS. 

Section 171(b)(4)(C) of the Financial Stability Act of 2010 (12 

U.S.C. 5371(b)(4)(C)) is amended by inserting ‘‘or March 31, 2010,’’ 

after ‘‘December 31, 2009,’’. 

7 USC 7a–1 note. 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1799 

TITLE LXXXVIII—STATE LICENSING 

EFFICIENCY 

SEC. 88001. SHORT TITLE. 

This title may be cited as the ‘‘State Licensing Efficiency Act 

of 2015’’. 

SEC. 88002. BACKGROUND CHECKS. 

Section 1511(a) of the S.A.F.E. Mortgage Licensing Act of 2008 

(12 U.S.C. 5110(a)) is amended— 

(1) by inserting ‘‘and other financial service providers’’ after 

‘‘State-licensed loan originators’’; and 

(2) by inserting ‘‘or other financial service providers’’ before 

the period at the end. 

TITLE LXXXIX—HELPING EXPAND 

LENDING PRACTICES IN RURAL COMMUNITIES 

SEC. 89001. SHORT TITLE. 

This title may be cited as the ‘‘Helping Expand Lending Practices in Rural Communities Act of 2015’’ or the ‘‘HELP Rural 

Communities Act of 2015’’. 

SEC. 89002. DESIGNATION OF RURAL AREA. 

(a) APPLICATION.—Not later than 90 days after the date of 

the enactment of this Act, the Bureau of Consumer Financial Protection shall establish an application process under which a person 

who lives or does business in a State may, with respect to an 

area identified by the person in such State that has not been 

designated by the Bureau as a rural area for purposes of a Federal 

consumer financial law (as defined under section 1002 of the Consumer Financial Protection Act of 2010), apply for such area to 

be so designated. 

(b) EVALUATION CRITERIA.—When evaluating an application 

submitted under subsection (a), the Bureau shall take into consideration the following factors: 

(1) Criteria used by the Director of the Bureau of the 

Census for classifying geographical areas as rural or urban. 

(2) Criteria used by the Director of the Office of Management and Budget to designate counties as metropolitan or 

micropolitan or neither. 

(3) Criteria used by the Secretary of Agriculture to determine property eligibility for rural development programs. 

(4) The Department of Agriculture rural-urban commuting 

area codes. 

(5) A written opinion provided by the State’s bank supervisor, as defined under section 3(r) of the Federal Deposit 

Insurance Act (12 U.S.C. 1813(r)). 

(6) Population density. 

(c) RULE OF CONSTRUCTION.—If, at any time prior to the submission of an application under subsection (a), the area subject to 

review has been designated as nonrural by any Federal agency 

described under subsection (b) using any of the criteria described 

12 USC 5512 

note. 

15 USC 1601 

note. 

Helping Expand 

Lending 

Practices in 

Rural 

Communities Act 

of 2015. 

12 USC 5101 

note. 

State Licensing 

Efficiency Act of 

2015. 


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129 STAT. 1800 PUBLIC LAW 114–94—DEC. 4, 2015 

under subsection (b), the Bureau shall not be required to consider 

such designation in its evaluation. 

(d) PUBLIC COMMENT PERIOD.— 

(1) IN GENERAL.—Not later than 60 days after receiving 

an application submitted under subsection (a), the Bureau 

shall— 

(A) publish such application in the Federal Register; 

and 

(B) make such application available for public comment 

for not fewer than 90 days. 

(2) LIMITATION ON ADDITIONAL APPLICATIONS.—Nothing in 

this section shall be construed to require the Bureau, during 

the public comment period with respect to an application submitted under subsection (a), to accept an additional application 

with respect to the area that is the subject of the initial application. 

(e) DECISION ON DESIGNATION.—Not later than 90 days after 

the end of the public comment period under subsection (d)(1) for 

an application, the Bureau shall— 

(1) grant or deny such application, in whole or in part; 

and 

(2) publish such grant or denial in the Federal Register, 

along with an explanation of what factors the Bureau relied 

on in making such determination. 

(f) SUBSEQUENT APPLICATIONS.—A decision by the Bureau 

under subsection (e) to deny an application for an area to be 

designated as a rural area shall not preclude the Bureau from 

accepting a subsequent application submitted under subsection (a) 

for such area to be so designated, so long as such subsequent 

application is made after the end of the 90-day period beginning 

on the date that the Bureau denies the application under subsection 

(e). 

(g) SUNSET.—This section shall cease to have any force or 

effect after the end of the 2-year period beginning on the date 

of the enactment of this Act. 

SEC. 89003. OPERATIONS IN RURAL AREAS. 

The Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended— 


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PUBLIC LAW 114–94—DEC. 4, 2015 129 STAT. 1801 

LEGISLATIVE HISTORY—H.R. 22: 

HOUSE REPORTS: No. 114–357 (Comm. of Conference). 

SENATE REPORTS: No. 114–3 (Comm. on Finance). 

CONGRESSIONAL RECORD, Vol. 161 (2015): 

Jan. 6, considered and passed House. 

July 24, 26–30, considered and passed Senate, amended. 

Nov. 3–5, House concurred in certain Senate amendment and in another with 

an amendment. 

Dec. 3, House and Senate agreed to conference report. 

Æ 

(1) in section 129C(b)(2)(E)(iv)(I), by striking ‘‘predominantly’’; and 

(2) in section 129D(c)(1), by striking ‘‘predominantly’’. 

Approved December 4, 2015. 

15 USC 1639d. 

15 USC 1639c. 


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