I 

114TH CONGRESS 

1ST SESSION H. R. 3064 

To authorize highway infrastructure and safety, transit, motor carrier, rail, 

and other surface transportation programs, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 15, 2015 

Mr. VAN HOLLEN (for himself, Mr. ISRAEL, Mr. DEFAZIO, Mr. LEVIN, Ms. 

NORTON, Ms. BROWNLEY of California, Ms. ESTY, Mr. HUFFMAN, and 

Mrs. NAPOLITANO) introduced the following bill; which was referred to 

the Committee on Transportation and Infrastructure, and in addition to 

the Committees on Energy and Commerce, Ways and Means, Science, 

Space, and Technology, Natural Resources, Oversight and Government 

Reform, the Budget, and Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To authorize highway infrastructure and safety, transit, 

motor carrier, rail, and other surface transportation programs, and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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1 ture and Communities throughout America Act’’ or the 

2 ‘‘GROW AMERICA Act’’. 

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

4 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Effective date. 

TITLE I—TRANSPORTATION INFRASTRUCTURE INITIATIVES 

Subtitle A—Increasing Efficiency in Project Delivery 

Sec. 1001. Improving State and Federal agency engagement in environmental 

reviews. 

Sec. 1002. Environmental review alignment and reform. 

Sec. 1003. Improving collaboration for accelerated decisionmaking. 

Sec. 1004. Unreasonable obstruction of navigation determination. 

Sec. 1005. Satisfaction of requirements for certain historic sites. 

Sec. 1006. Rail and transit exemption from consideration under section 4(f). 

Sec. 1007. Multimodal categorical exclusions. 

Sec. 1008. Improving transparency in environmental reviews. 

Sec. 1009. Infrastructure Permitting Improvement Center. 

Sec. 1010. Clarification of transportation environmental authorities. 

Sec. 1011. Advance acquisition. 

Sec. 1012. Bridge exemption from consideration under section 4(f). 

Subtitle B—Freight Policy and Financing 

Sec. 1101. Multimodal Freight Investment Program. 

Sec. 1102. Redesignation of the National Network. 

Subtitle C—Planning 

Sec. 1201. Transportation system resilience assessment. 

Sec. 1202. Consolidated and high performing metropolitan planning organizations. 

Sec. 1203. Participation of public port authorities. 

Sec. 1204. Strengthening the statewide and nonmetropolitan planning process. 

Sec. 1205. Removal of the congestion management process. 

Sec. 1206. Public involvement in plan development. 

Sec. 1207. Connection to opportunities national goal and potential performance 

measure. 

Sec. 1208. Workforce development. 

Sec. 1209. Measuring transportation connectivity pilot activities. 

Sec. 1210. Performance-based project selection. 

Sec. 1211. Stormwater planning. 

Subtitle D—Congestion Mitigation and Air Quality Improvement 

Sec. 1301. Eligible projects. 

Sec. 1302. Special rules. 

Sec. 1303. Priority consideration. 


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Sec. 1304. Evaluation and assessment of projects. 

Sec. 1305. Electric vehicle charging stations and commercial motor vehicle antiidling facilities in rest areas. 

Subtitle E—Innovative Finance and Tolling 

Sec. 1401. 21st century infrastructure investments. 

Sec. 1402. Transportation Infrastructure Finance and Innovation Act of 1998 

amendments. 

Sec. 1403. Railroad rehabilitation and improvement financing. 

Sec. 1404. State infrastructure bank program. 

Sec. 1405. Toll roads, bridges, tunnels, and ferries. 

Sec. 1406. Tax-exempt financing for qualified surface transportation projects. 

Sec. 1407. Pay for success. 

Sec. 1408. Assistant Secretary for Innovative Finance. 

TITLE II—FEDERAL-AID HIGHWAYS 

Subtitle A—Authorizations and Programs 

Sec. 2001. Authorization of appropriations. 

Sec. 2002. Obligation limitation. 

Sec. 2003. Apportionment. 

Sec. 2004. Federal lands transportation program. 

Sec. 2005. Emergency relief for federally owned roads. 

Sec. 2006. Tribal High Priority Projects Program and Tribal Transportation 

Program amendments. 

Sec. 2007. Federal lands access program Federal share. 

Sec. 2008. Nationally significant Federal lands and Tribal projects program. 

Sec. 2009. Federal lands programmatic activities. 

Sec. 2010. Bridges requiring closure or load restrictions. 

Sec. 2011. Broadband infrastructure deployment. 

Sec. 2012. Critical Immediate Investments Program. 

Sec. 2013. Appalachian Development Highway System. 

Sec. 2014. Highway safety data improvement. 

Subtitle B—Performance Management 

Sec. 2101. Performance management data support program. 

Sec. 2102. Performance period adjustment. 

Sec. 2103. Multimodal accommodations. 

Subtitle C—Improved Federal Stewardship 

Sec. 2201. Project approval and oversight. 

Subtitle D—Other 

Sec. 2301. Letting of contracts. 

Sec. 2302. Construction of ferry boats and ferry terminal facilities. 

Sec. 2303. Green stormwater infrastructure. 

Sec. 2304. Elimination or modification of certain FHWA reporting requirements. 

TITLE III—PUBLIC TRANSPORTATION 

Sec. 3001. Short title; amendments to title 49, United States Code. 

Sec. 3002. Definitions. 


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Sec. 3002a. Capital investment grants. 

Sec. 3003. Formula grants for enhanced mobility. 

Sec. 3004. Formula grants for rural areas. 

Sec. 3005. Workforce development programs. 

Sec. 3006. General provisions. 

Sec. 3007. Public transportation local hiring. 

Sec. 3008. Public transportation safety program. 

Sec. 3009. Authorizations. 

Sec. 3010. Bus and bus facilities program. 

Sec. 3011. Rapid Growth Area Transit Program. 

Sec. 3012. Technical corrections. 

Sec. 3013. Technical corrections to title II, division B, of MAP–21. 

Sec. 3014. Elimination of FTA annual research reporting requirement. 

TITLE IV—HIGHWAY AND MOTOR VEHICLE SAFETY 

Subtitle A—Traffic Safety 

Sec. 4001. Authorization of appropriations. 

Sec. 4002. Highway safety programs. 

Sec. 4003. Amendment to section 405 national priority safety programs transfer authority. 

Sec. 4004. Amendment to motorcyclist safety grant criteria. 

Sec. 4005. Amendment to graduated driver licensing incentive grant criteria. 

Sec. 4006. Amendment to ignition interlock grant criteria. 

Sec. 4007. Amendment to repeat offender and open container criteria. 

Sec. 4008. Amendment to distracted driving grant criteria. 

Sec. 4009. Streamlining of national priority safety programs. 

Sec. 4010. Amendment to highway research and development. 

Subtitle B—Motor Vehicle Safety 

Sec. 4101. Authorization of appropriations. 

Sec. 4102. Recall obligations under bankruptcy. 

Sec. 4103. Prohibition on rendering safety elements inoperative and criminal 

penalties. 

Sec. 4104. Cooperation with foreign governments. 

Sec. 4105. Functional safety process. 

Sec. 4106. Notification of defect or noncompliance and imminent hazard authority. 

Sec. 4107. Amendment to judicial review provisions. 

Sec. 4108. Inspection authority under automobile fuel economy statute. 

Sec. 4109. Recall authority over rental car companies and used car dealers. 

Sec. 4110. Civil penalties. 

Sec. 4111. Technical corrections to the Motor Vehicle and Highway Safety Improvement Act of 2012. 

Sec. 4112. Tire registration by independent sellers. 

Sec. 4113. Extension of time period for remedy of tire defects. 

Sec. 4114. Dealer requirement to check for unremedied recall. 

Sec. 4115. Pilot grant program for State notification to consumers of motor vehicle recall status. 

TITLE V—MOTOR CARRIER SAFETY PROGRAM 

Sec. 5001. Amendment of title 49, United States Code. 

Subtitle A—Commercial Motor Vehicle Safety 


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Sec. 5101. Commercial motor vehicle defined. 

Sec. 5102. Motor carrier operations affecting interstate commerce. 

Sec. 5103. Bus rentals and definition of employer. 

Sec. 5104. High-risk carrier reviews. 

Sec. 5105. New entrant safety audits. 

Sec. 5106. Imminent hazard actions. 

Sec. 5107. International commerce transported on highways through the 

United States. 

Subtitle B—Driver Safety Provisions 

Sec. 5201. Commercial driver’s license requirements. 

Sec. 5202. Disqualifications based on non-commercial motor vehicle operations. 

Sec. 5203. Recording of Federal disqualifications on CDLIS. 

Sec. 5204. Failure to pay civil penalty as a disqualifying offense. 

Sec. 5205. Controlled substance violations. 

Subtitle C—Medical and Registration Provisions 

Sec. 5301. Effect of driving on commercial motor vehicle operators. 

Sec. 5302. Repeal of commercial jurisdiction exception for brokers of motor 

carriers of passengers. 

Sec. 5303. Revocation or suspension of registration. 

Sec. 5304. Revocation of registration for failure to respond to subpoena. 

Sec. 5305. Lapse of required financial security; suspension of registration. 

Subtitle D—Grants and Authorizations 

Sec. 5401. FMCSA Financial Assistance Programs. 

Subtitle E—Miscellaneous 

Sec. 5501. Motor Carrier Safety Advisory Committee. 

Sec. 5502. Unified Carrier Registration Plan. 

Sec. 5503. Self-insurance for motor carriers repealed. 

Sec. 5504. Electronic logging device recall authority. 

Sec. 5505. Repeal of motor carrier financial reporting requirement. 

Sec. 5506. Contractors exercising operational control over motor carrier operations. 

Sec. 5507. Driver compensation. 

Sec. 5508. Civil enforcement authority. 

Sec. 5509. Criminal penalties. 

Sec. 5510. Penalties for violations of out-of-service orders. 

Sec. 5511. Technical corrections. 

Sec. 5512. Audits and compliance investigations of Mexico-domiciled motor carriers. 

Sec. 5513. Administrative adjudication of violations of commercial regulations 

and statutes. 

Sec. 5514. Access to National Driver Register. 

Sec. 5515. Elimination of certain FMCSA reporting requirements. 

TITLE VI—HAZARDOUS MATERIAL TRANSPORTATION SAFETY 

Sec. 6001. Amendment of title 49, United States Code. 

Sec. 6002. Emergency operational controls. 

Sec. 6003. Enhanced registration requirements. 

Sec. 6004. User fees for special permits. 


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Sec. 6005. National emergency and disaster response. 

Sec. 6006. Enhanced reporting. 

Sec. 6007. Improving publication of special permits. 

Sec. 6008. Hazard abatement authority. 

Sec. 6009. Inspection of non-domestic entities. 

Sec. 6010. Improving the effectiveness of the HMEP grant program. 

Sec. 6011. Civil penalty. 

Sec. 6012. General duty. 

Sec. 6013. Authorization of appropriations. 

Sec. 6014. Elimination of certain PHMSA reporting requirements. 

TITLE VII—AMENDMENTS TO THE INTERNAL REVENUE CODE 

Sec. 7001. Amendment of 1986 Code. 

Sec. 7002. Extension of highway-related taxes. 

Sec. 7003. Extension of provisions related to the Sport Fish Restoration and 

Boating Trust Fund. 

Sec. 7004. Transportation Trust Fund. 

Sec. 7005. Effective date. 

TITLE VIII—RESEARCH 

Subtitle A—Funding 

Sec. 8001. Authorization of appropriations. 

Subtitle B—Research, Technology, and Education 

Sec. 8101. National Cooperative Freight Transportation Research Program. 

Sec. 8102. Competitive University Transportation Centers Consortia Program. 

Sec. 8103. Priority Multimodal Research Program. 

Sec. 8104. Bureau of Transportation Statistics. 

Sec. 8105. ITS goals and purposes. 

Sec. 8106. ITS general authorities and requirements. 

Sec. 8107. ITS national architecture and standards. 

Sec. 8108. Vehicle-to-vehicle and vehicle-to-infrastructure communications systems deployment. 

Sec. 8109. Infrastructure development. 

Sec. 8110. Departmental research programs; conforming amendments. 

Sec. 8111. Office of Intermodalism. 

Sec. 8112. Cooperation with Federal and State agencies and foreign countries. 

Sec. 8113. National ITS Program Plan. 

Sec. 8114. Research and development. 

TITLE IX—RAIL SAFETY, RELIABILITY, AND EFFICIENCY 

Sec. 9001. Short title; amendment of title 49, United States Code. 

Subtitle A—National High-Performance Rail System 

Sec. 9101. Purpose and objectives. 

Sec. 9102. Grant programs. 

Sec. 9103. Amtrak 5-year business planning. 

Sec. 9104. Clarification of grant conditions. 

Sec. 9105. Research and development. 

Sec. 9106. Miscellaneous revisions. 

Subtitle B—Policy 


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Sec. 9201. Regional rail development authorities. 

Sec. 9202. Northeast Corridor Infrastructure and Operations Advisory Commission. 

Sec. 9203. Standardization of passenger equipment and platforms. 

Sec. 9204. Next generation equipment committee. 

Sec. 9205. Buy America. 

Sec. 9206. Rail passenger transportation liability and mandatory coverage. 

Sec. 9207. Shared-use study. 

Sec. 9208. Disadvantaged business enterprises; disparity and availability study. 

Subtitle C—Planning 

Sec. 9301. National and regional rail planning. 

Sec. 9302. State rail plans. 

Subtitle D—Safety Improvements 

Sec. 9401. Requirement for uniform operating rules. 

Sec. 9402. Positive train control. 

Sec. 9403. Hours of service reform. 

Sec. 9404. Amendments to the safety appliance law. 

Sec. 9405. Amendments to the locomotive inspection law. 

Sec. 9406. Technical amendment to the provision on protection of railroad safety risk reduction program information. 

Sec. 9407. Noise emission standards. 

Sec. 9408. Technical amendment to chapter 201 general civil penalty provision. 

Sec. 9409. Miscellaneous authorization of appropriations. 

Sec. 9410. Repair and replacement of damaged track inspection equipment. 

Subtitle E—Miscellaneous Revisions and Technical Corrections 

Sec. 9501. Authorization of appropriations. 

Sec. 9502. Technical corrections to the Rail Safety Improvement Act of 2008. 

Sec. 9503. Technical correction to introductory text of Public Law 110–432. 

Sec. 9504. Technical corrections to uncodified provisions of division A of Public 

Law 110–432, the Rail Safety Improvement Act of 2008. 

Sec. 9505. Technical corrections to provisions of the hours of service laws and 

related civil penalty provision. 

Sec. 9506. Elimination of certain FRA reporting requirements. 

TITLE X—MISCELLANEOUS 

Sec. 10001. Consideration of travel and tourism in award of financial assistance. 

Sec. 10002. Electronic reports and report modification. 

Sec. 10003. Amendment of Federal Aid in Sport Fish Restoration Act. 

Sec. 10004. Amendments to chapter 537 of title 46. 

Sec. 10005. Government-wide authority for electric charging infrastructure at 

no cost to the taxpayer. 

TITLE XI—BUDGETARY INTERPRETATIONS AND TREATMENTS 

Sec. 11001. Amounts in this Act. 

Sec. 11002. Treatment for statutory PAYGO and related purposes. 

Sec. 11003. Scoring of changes in contract authority in appropriations Acts. 

Sec. 11004. Scoring of changes in obligation limits in appropriations Acts. 


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Sec. 11005. Scoring of transfers between the general fund and the Transportation Trust Fund. 

Sec. 11006. Special rule. 

Sec. 11007. Revised discretionary spending limits. 

TITLE XII—STOP CORPORATE EXPATRIATION AND INVEST IN 

AMERICA’S INFRASTRUCTURE ACT 

Sec. 12001. Short title. 

Sec. 12002. Modifications to rules relating to inverted corporations. 

1 SEC. 2. DEFINITIONS. 

2 In this Act, the following definitions apply: 

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

4 means the Department of Transportation. 

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

6 the Secretary of Transportation. 

7 SEC. 3. EFFECTIVE DATE. 

8 Except as otherwise provided, this Act, and the 

9 amendments made by this Act, shall take effect on Octo10 ber 1, 2015. 

11 TITLE I—TRANSPORTATION 

12 INFRASTRUCTURE INITIATIVES 

13 Subtitle A—Increasing Efficiency 

14 in Project Delivery 

15 SEC. 1001. IMPROVING STATE AND FEDERAL AGENCY EN16 GAGEMENT IN ENVIRONMENTAL REVIEWS. 

17 (a) IN GENERAL.—Title 49, United States Code, is 

18 amended by inserting after section 306 the following: 


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1 ‘‘§ 307. Improving State and Federal agency engage2 ment in environmental reviews 

3 ‘‘(a) IN GENERAL.—A public entity receiving finan4 cial assistance from the Department of Transportation for 

5 one or more projects or for a program of projects, may 

6 request that the Secretary allow the public entity to pro7 vide funds to Federal agencies, including the Department 

8 of Transportation, State agencies, and Indian tribes par9 ticipating in the environmental planning and review proc10 ess for the project, projects, or program. The funds may 

11 be provided only to support activities that directly and 

12 meaningfully contribute to expediting and improving per13 mitting and review processes, including planning, approval 

14 and consultation processes for the project, projects, or pro15 gram. 

16 ‘‘(b) ACTIVITIES ELIGIBLE FOR FUNDING.—Activi17 ties for which funds may be provided under subsection (a) 

18 include transportation planning activities that precede the 

19 initiation of the environmental review process, activities 

20 directly related to the environmental review process, dedi21 cated staffing, training of agency personnel, information 

22 gathering and mapping, and development of programmatic 

23 agreements. 

24 ‘‘(c) AMOUNTS.—Requests under subsection (a) may 

25 be approved only for the additional amounts that the Sec26 retary determines are necessary for the Federal agencies, 


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1 State agencies, or Indian tribes participating in the envi2 ronmental review process to timely conduct their review. 

3 ‘‘(d) AGREEMENTS.—Prior to providing funds ap4 proved by the Secretary for dedicated staffing at an af5 fected Federal agency under subsection (a), the affected 

6 Federal agency and the requesting public entity shall enter 

7 into an agreement that establishes a process to identify 

8 projects or priorities to be addressed by the use of the 

9 funds. 

10 ‘‘(e) EXISTING AUTHORITY.—Nothing in this section 

11 shall be construed as conflicting with the provisions of sec12 tion 139(j) of title 23.’’. 

13 (b) CONFORMING AMENDMENT.—The analysis of 

14 chapter 3 of title 49, United States Code, is amended by 

15 inserting after the item relating to section 306 the fol16 lowing: 

‘‘307. Improving State and Federal agency engagement in environmental reviews’’. 

17 SEC. 1002. ENVIRONMENTAL REVIEW ALIGNMENT AND RE18 FORM. 

19 (a) IN GENERAL.—Title 49, United States Code, is 

20 amended by inserting after section 309 the following: 

21 ‘‘§ 310. Aligning Federal environmental reviews 

22 ‘‘(a) COORDINATED AND CONCURRENT ENVIRON23 MENTAL REVIEWS.—Within one year of the date of enact24 ment of GROW AMERICA Act, the Department of TransVerDate Sep 11 2014 01:21 Jul 18, 2015 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3064.IH H3064

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1 portation, in coordination with the Steering Committee, 

2 shall develop a coordinated and concurrent environmental 

3 review and permitting process for transportation projects 

4 when initiating an environmental impact statement under 

5 the National Environmental Policy Act (42 U.S.C. 4321 

6 et seq.) (referred to as ‘NEPA’ in this section). This co7 ordinated and concurrent environmental review and per8 mitting process shall— 

9 ‘‘(1) ensure that the Department of Transpor10 tation and agencies of jurisdiction possess sufficient 

11 information early in the review process to determine 

12 a statement of a transportation project’s purpose 

13 and need and range of alternatives for analysis that 

14 the lead agency and agencies of jurisdiction will rely 

15 upon for concurrent environmental reviews and per16 mitting decisions required for the proposed project; 

17 ‘‘(2) achieve early concurrence or issue resolu18 tion during the NEPA scoping process on the De19 partment of Transportation’s statement of a 

20 project’s purpose and need and during development 

21 of the environmental impact statement on the range 

22 of alternatives for analysis that the lead agency and 

23 agencies of jurisdiction will rely upon for concurrent 

24 environmental reviews and permitting decisions re25 quired for the proposed project absent circumstances 


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1 that require reconsideration in order to meet an 

2 agency of jurisdiction’s obligations under statute or 

3 Executive order; and 

4 ‘‘(3) achieve concurrence or issue resolution in 

5 an expedited manner if circumstances arise that re6 quire a reconsideration of the purpose and need or 

7 range of alternatives considered during any Federal 

8 agency’s environmental or permitting review in order 

9 to meet an agency of jurisdiction’s obligations under 

10 statute or Executive order. 

11 ‘‘(b) ENVIRONMENTAL CHECKLIST.—The Secretary 

12 and Federal Agencies of jurisdiction likely to have sub13 stantive review or approval responsibilities on transpor14 tation projects shall, within 90 days of the date of enact15 ment of GROW AMERICA Act, jointly develop a checklist 

16 to help project sponsors identify potential natural, cul17 tural, and historic resources in the area of a proposed 

18 project. The purpose of the checklist is to— 

19 ‘‘(1) identify agencies of jurisdiction and co20 operating agencies, 

21 ‘‘(2) develop the information needed for the 

22 purpose and need and alternatives for analysis; and 

23 ‘‘(3) improve interagency collaboration to help 

24 expedite the permitting process for the lead agency 

25 and agencies of jurisdiction. 


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1 ‘‘(c) INTERAGENCY COLLABORATION.—Consistent 

2 with Federal environmental statutes and the priority re3 form actions for Federal agency permitting and reviews 

4 defined and identified by the Steering Committee de5 scribed in section 1009, the Secretary shall facilitate an6 nual interagency collaboration sessions at the appropriate 

7 jurisdictional level to coordinate business plans and facili8 tate coordination of workload planning and workforce 

9 management. This engagement shall also ensure agency 

10 staff is fully engaged and utilizing the flexibility of existing 

11 regulations, policies, and guidance and identifying addi12 tional actions to facilitate high quality, efficient, and tar13 geted environmental reviews and permitting decisions. 

14 These sessions and the interagency collaborations they 

15 generate shall also focus on how to work with State and 

16 local transportation entities to improve project planning, 

17 siting, and application quality and how to consult and co18 ordinate with relevant stakeholders and Federal, Tribal, 

19 State, and local representatives early in permitting proc20 esses. 

21 ‘‘(d) PERFORMANCE MEASUREMENT.—Within one 

22 year of the date of enactment of GROW AMERICA Act, 

23 the Department of Transportation, in coordination with 

24 the Steering Committee, shall establish a program to 


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1 measure and report on progress towards aligning Federal 

2 reviews as outlined in this section.’’. 

3 (b) CONFORMING AMENDMENT.—The analysis of 

4 subchapter I of chapter 3 of title 49, United States Code, 

5 is amended by adding at the end the following: 

‘‘310. Aligning Federal environmental reviews’’. 

6 SEC. 1003. IMPROVING COLLABORATION FOR ACCELER7 ATED DECISIONMAKING. 

8 Section 139(h) of title 23, United States Code, is 

9 amended— 

10 (1) in paragraph (5)(A)(ii)(I), by inserting ‘‘, 

11 including modifications to the project schedule’’ 

12 after ‘‘review process’’; and 

13 (2) in paragraph (6)(B), by striking clause (ii) 

14 and inserting the following: 

15 ‘‘(ii) DESCRIPTION OF DATE.—The 

16 date referred to in clause (i) is one of the 

17 following: 

18 ‘‘(I) The date that is 30 days 

19 after the date for rendering a decision 

20 as set in the project schedule created 

21 pursuant to paragraph (g)(1)(B) of 

22 this section. 

23 ‘‘(II) If no schedule exists, the 

24 later of— 


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1 ‘‘(aa) the date that is 180 

2 days after the date on which an 

3 application for the permit, license 

4 or approval is complete; or 

5 ‘‘(bb) the date that is 180 

6 days after the date on which the 

7 Federal lead agency issues a de8 cision on the project under the 

9 National Environmental Policy 

10 Act of 1969 (42 U.S.C. 4321 et 

11 seq.). 

12 ‘‘(III) A modified date consistent 

13 with subsection (g)(1)(D) of this sec14 tion.’’. 

15 SEC. 1004. UNREASONABLE OBSTRUCTION OF NAVIGATION 

16 DETERMINATION. 

17 (a) BRIDGE ACT OF 1906.—Section 4 of the Bridge 

18 Act of 1906 (33 U.S.C. 494) is amended— 

19 (1) by designating the existing text as sub20 section (a); and 

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

22 ‘‘(b) When determining whether a bridge unreason23 ably obstructs the free navigation of the waters over which 

24 it is constructed, the Secretary shall, for projects that are 


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1 funded under title 23 or title 49, United States Code, con2 sider— 

3 ‘‘(1) the necessities of rail, aviation, transit, 

4 and highway traffic; and 

5 ‘‘(2) construction, maintenance, and operation 

6 costs of the proposed bridge.’’. 

7 (b) GENERAL BRIDGE ACT OF 1946.—Section 502 

8 of the General Bridge Act of 1946 (33 U.S.C. 525) is 

9 amended by inserting at the end the following: 

10 ‘‘(d) UNREASONABLE OBSTRUCTION OF NAVIGATION

11 DETERMINATION.—When determining whether a bridge 

12 unreasonably obstructs the free navigation of the waters 

13 over which it is constructed, the Secretary shall, for 

14 projects that are funded under title 23 or title 49, United 

15 States Code, consider— 

16 ‘‘(1) the necessities of rail, aviation, transit, 

17 and highway traffic; and 

18 ‘‘(2) construction, maintenance, and operation 

19 costs of the proposed bridge.’’. 

20 SEC. 1005. SATISFACTION OF REQUIREMENTS FOR CER21 TAIN HISTORIC SITES. 

22 (a) TITLE 23 AMENDMENT.—Section 138 of title 23, 

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

24 following: 


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1 ‘‘(c) SATISFACTION OF REQUIREMENTS FOR CER2 TAIN HISTORIC SITES.— 

3 ‘‘(1) IN GENERAL.—The Secretary shall seek to 

4 align the requirements of this section with the re5 quirements of the National Environmental Policy 

6 Act (42 U.S.C. 4231 et seq.) (NEPA), section 106 

7 of the National Historic Preservation Act (16 U.S.C. 

8 470f) (referred to as section 106 in this section), 

9 and their implementing regulations and will coordi10 nate with the Department of the Interior and the 

11 Advisory Council on Historic Preservation to estab12 lish procedures that will satisfy the requirements of 

13 both within 90 days of enactment of GROW AMER14 ICA Act. 

15 ‘‘(2) AVOIDANCE ALTERNATIVE ANALYSIS.—If, 

16 in an analysis required under NEPA the Secretary 

17 determines that there is no feasible or prudent alter18 native to avoid a use of an historic site, the Sec19 retary may include the Secretary’s determination in 

20 the NEPA analysis and notify the applicable State 

21 historic preservation officer, tribal historic preserva22 tion officer, the Advisory Council on Historic Preser23 vation (if the Council is participating in the section 

24 106 consultation process), and the Secretary of the 

25 Interior of such findings and request concurrence 


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1 that such determination is sufficient to satisfy 

2 (a)(1). If the applicable preservation officer, the 

3 Council, and the Secretary of the Interior concur, no 

4 further analysis under (a)(1) shall be required. The 

5 Secretary’s Record of Decision or Finding of No 

6 Significant Impact shall include such a finding, as 

7 well as documentation of the concurrence of the ap8 plicable preservation officer, the Council, and the 

9 Secretary of the Interior. A notice of intent from the 

10 Secretary of such a finding, as well as notice of the 

11 concurrence of the applicable preservation officer, 

12 the Council, and the Secretary of the Interior will be 

13 posted on an appropriate Federal website within 3 

14 days of their occurrence. 

15 ‘‘(3) ALIGNING HISTORICAL REVIEWS.—If the 

16 Secretary, the applicable preservation officer, the 

17 Council, and the Secretary of the Interior concur 

18 that no feasible and prudent alternative exists as de19 scribed in (2), the Secretary may then notify the ap20 plicable preservation officer, the Secretary of the In21 terior, and the Advisory Council on Historic Preser22 vation of the Department’s intent to satisfy the con23 ditions of (a)(2) through the consultation require24 ments of section 106. The applicable preservation of25 ficer, the Council, and the Secretary of the Interior 


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1 must concur in the treatment of the historic site 

2 agreed upon in the Memorandum of Agreement or 

3 Programmatic Agreement developed in accordance 

4 with section 106 in order to satisfy the conditions of 

5 (a)(2).’’. 

6 (b) TITLE 49 AMENDMENT.—Section 303 of title 49, 

7 United States Code, is amended— 

8 (1) in subsection (c), by striking ‘‘subsection 

9 (d)’’ and inserting ‘‘subsections (d) and (e)’’; and 

10 (2) by inserting at the end the following: 

11 ‘‘(e) SATISFACTION OF REQUIREMENTS FOR CER12 TAIN HISTORIC SITES.— 

13 ‘‘(1) IN GENERAL.—The Secretary shall seek to 

14 align the requirements of this section with the re15 quirements of the National Environmental Policy 

16 Act (42 U.S.C. 4231 et seq.) (NEPA), section 106 

17 of the National Historic Preservation Act (16 U.S.C. 

18 470f) (referred to as section 106 in this section), 

19 and their implementing regulations and will coordi20 nate with the Department of the Interior and the 

21 Advisory Council on Historic Preservation to estab22 lish procedures that will satisfy the requirements of 

23 both within 90 days of enactment of GROW AMER24 ICA Act. 


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1 ‘‘(2) AVOIDANCE ALTERNATIVE ANALYSIS.—If, 

2 in an analysis required under NEPA the Secretary 

3 determines that there is no feasible or prudent alter4 native to avoid a use of an historic site, the Sec5 retary may include the Secretary’s determination in 

6 the NEPA analysis and notify the applicable State 

7 historic preservation officer, tribal historic preserva8 tion officer, the Advisory Council on Historic Preser9 vation (if the Council is participating in the section 

10 106 consultation process), and the Secretary of the 

11 Interior of such findings and request concurrence 

12 that such determination is sufficient to satisfy 

13 (a)(1). If the applicable preservation officer, the 

14 Council, and the Secretary of the Interior concur, no 

15 further analysis under (a)(1) shall be required. The 

16 Secretary’s Record of Decision or Finding of No 

17 Significant Impact shall include such a finding, as 

18 well as documentation of the concurrence of the ap19 plicable preservation officer, the Council, and the 

20 Secretary of the Interior. A notice of intent from the 

21 Secretary of such a finding, as well as notice of the 

22 concurrence of the applicable preservation officer, 

23 the Council, and the Secretary of the Interior will be 

24 posted on an appropriate Federal website within 3 

25 days of their occurrence. 


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1 ‘‘(3) ALIGNING HISTORICAL REVIEWS.—If the 

2 Secretary, the applicable preservation officer, the 

3 Council, and the Secretary of the Interior concur 

4 that no feasible and prudent alternative exists as de5 scribed in (2), the Secretary may then notify the ap6 plicable preservation officer, the Secretary of the In7 terior, and the Advisory Council on Historic Preser8 vation of the Department’s intent to satisfy the con9 ditions of (a)(2) through the consultation require10 ments of section 106. The applicable preservation of11 ficer, the Council, and the Secretary of the Interior 

12 must concur in the treatment of the historic site 

13 agreed upon in the Memorandum of Agreement or 

14 Programmatic Agreement developed in accordance 

15 with section 106 in order to satisfy the conditions of 

16 (a)(2).’’. 

17 SEC. 1006. RAIL AND TRANSIT EXEMPTION FROM CONSID18 ERATION UNDER SECTION 4(f). 

19 (a) TITLE 23 AMENDMENT.—Section 138 of title 23, 

20 United States Code, as amended by this Act, is further 

21 amended by inserting the following after subsection (c): 

22 ‘‘(d) RAIL AND TRANSIT.—Improvements to, or the 

23 maintenance, rehabilitation, or operation of railroad or rail 

24 transit lines or elements thereof, with the exception of sta25 tions, that are in-use or were historically used for transVerDate Sep 11 2014 01:21 Jul 18, 2015 Jkt 049200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H3064.IH H3064

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1 portation of goods or passengers, shall not be considered 

2 a use of an historic site under subsection (a), regardless 

3 of whether the railroad or rail transit line or element 

4 thereof is listed on, or eligible for listing on, the National 

5 Register of Historic Places.’’. 

6 (b) TITLE 49 AMENDMENT.—Section 303 of title 49, 

7 United States Code, as amended by this Act, is further 

8 amended— 

9 (1) in subsection (c), by striking ‘‘subsections 

10 (d) and (e)’’ and inserting ‘‘subsections (d), (e) and 

11 (f)’’; and 

12 (2) by inserting the following after subsection 

13 (e): 

14 ‘‘(f) RAIL AND TRANSIT.—Improvements to, or the 

15 maintenance, rehabilitation, or operation of railroad or rail 

16 transit lines or elements thereof, with the exception of sta17 tions, that are in-use or were historically used for trans18 portation of goods or passengers, shall not be considered 

19 a use of an historic site under subsection (c), regardless 

20 of whether the railroad or rail transit line or element 

21 thereof is listed on, or eligible for listing on, the National 

22 Register of Historic Places.’’. 

23 SEC. 1007. MULTIMODAL CATEGORICAL EXCLUSIONS. 

24 Section 304 of title 49, United States Code, is 

25 amended as follows: 


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1 (1) Subsection (a)(1) is amended— 

2 (A) by striking ‘‘operating authority’’ and 

3 inserting ‘‘operating administration or secre4 tarial office’’; 

5 (B) by inserting ‘‘has expertise but’’ before 

6 ‘‘is not the lead’’; and 

7 (C) by inserting ‘‘proposed multimodal’’ 

8 before ‘‘project’’. 

9 (2) Subsection (a)(2) is amended to read as fol10 lows: 

11 ‘‘(2) LEAD AUTHORITY.—The term ‘lead au12 thority’ means a Department of Transportation op13 erating administration or secretarial office that has 

14 the lead responsibility for a proposed multimodal 

15 project.’’. 

16 (3) Subsection (a)(3) is amended by striking 

17 ‘‘has the meaning given the term in section 139(a) 

18 of title 23’’ and inserting ‘‘means an action by the 

19 Department of Transportation that involves exper20 tise of one or more Department of Transportation 

21 operating administrations or secretarial offices’’. 

22 (4) Subsection (b) is amended by striking 

23 ‘‘under this title’’ and inserting ‘‘by the Secretary’’. 

24 (5) Subsection (c) is amended— 


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1 (A) by striking ‘‘a categorical exclusion 

2 designated under the implementing regulations 

3 or’’ and inserting ‘‘categorical exclusions des4 ignated under the National Environmental Pol5 icy Act of 1969 (42 U.S.C. 4321, et seq.) im6 plementing’’; 

7 (B) by striking ‘‘other components of the’’ 

8 and inserting ‘‘a proposed multimodal’’; 

9 (C) by amending paragraphs (1) and (2) 

10 to read as follows: 

11 ‘‘(1) the lead authority makes a preliminary de12 termination on the applicability of a categorical ex13 clusion to a proposed multimodal project and notifies 

14 the cooperating authority of its intent to apply the 

15 cooperating authority categorical exclusion; 

16 ‘‘(2) the cooperating authority does not object 

17 to the lead authority’s preliminary determination of 

18 its applicability;’’; 

19 (D) by amending paragraph (3) by insert20 ing ‘‘the lead authority determines that’’ at the 

21 beginning, and ‘‘proposed multimodal’’ before 

22 ‘‘project to be covered’’; and 

23 (E) by amending paragraph (4) to read as 

24 follows: 


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1 ‘‘(4) the lead authority, with the concurrence of 

2 the cooperating authority— 

3 ‘‘(A) follows implementing regulations or 

4 procedures under the National Environmental 

5 Policy Act of 1969 (42 U.S.C. 4321 et seq.); 

6 ‘‘(B) determines that the proposed 

7 multimodal project does not individually or cu8 mulatively have a significant impact on the en9 vironment; and 

10 ‘‘(C) determines that extraordinary cir11 cumstances do not exist that merit additional 

12 analysis and documentation in an environ13 mental impact statement or environmental as14 sessment required under the National Environ15 mental Policy Act of 1969 (42 U.S.C. 4321 et 

16 seq.).’’. 

17 (6) Subsection (d) is amended to read as fol18 lows: 

19 ‘‘(d) COOPERATING AUTHORITY EXPERTISE.—A co20 operating authority shall provide expertise to the lead au21 thority on aspects of the multimodal project in which the 

22 cooperating authority has expertise.’’. 


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1 SEC. 1008. IMPROVING TRANSPARENCY IN ENVIRON2 MENTAL REVIEWS. 

3 (a) IN GENERAL.—Title 49, United States Code, is 

4 amended by inserting after section 310, as added by this 

5 Act, the following: 

6 ‘‘§ 311. Improving transparency in environmental re7 views 

8 ‘‘(a) IN GENERAL.—Not later than 2 years after the 

9 date of enactment of GROW AMERICA Act, the Sec10 retary shall establish an online platform and, in coordina11 tion with agencies described in subsection (b), issue re12 porting standards to make publically available the status 

13 and progress with respect to compliance with applicable 

14 requirements under the National Environmental Policy 

15 Act of 1969 (42 U.S.C. 4321 et seq.) and any other Fed16 eral approval required under applicable laws for projects 

17 and activities requiring an environmental assessment or 

18 an environmental impact statement. 

19 ‘‘(b) FEDERAL AGENCY PARTICIPATION.—A Federal 

20 agency of jurisdiction over an approval required for a 

21 project under applicable laws shall provide information re22 garding the status and progress of the approval to the on23 line platform, consistent with the standards established 

24 under subsection (a). 

25 ‘‘(c) ASSIGNMENT OF RESPONSIBILITIES.—An entity 

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1 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 

2 et seq.), pursuant to section 326 or 327 of title 23, United 

3 States Code, shall be responsible for supplying project de4 velopment and compliance status for all applicable 

5 projects.’’. 

6 (b) CONFORMING AMENDMENT.—The analysis of 

7 chapter 3 of title 49, United States Code, is amended by 

8 inserting after the item relating to section 310, as added 

9 by this Act, the following: 

‘‘311. Improving transparency in environmental reviews’’. 

10 SEC. 1009. INFRASTRUCTURE PERMITTING IMPROVEMENT 

11 CENTER. 

12 (a) IN GENERAL.—Title 49, United States Code, is 

13 amended by inserting after section 311, as added by this 

14 Act, the following: 

15 ‘‘§ 312. Interagency infrastructure permitting im16 provement center 

17 ‘‘(a) IN GENERAL.—There is established in the Office 

18 of the Secretary an Interagency Infrastructure Permitting 

19 Improvement Center (referred to in this section as the 

20 ‘Center’). 

21 ‘‘(b) ROLES AND RESPONSIBILITIES.— 

22 ‘‘(1) GOVERNANCE.—The Center shall report to 

23 the chair of the Steering Committee described in 

24 paragraph (2) to ensure that the perspectives of all 

25 member agencies are represented. 


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1 ‘‘(2) INFRASTRUCTURE PERMITTING STEERING

2 COMMITTEE.—An Infrastructure Permitting Steer3 ing Committee is established to oversee the work of 

4 the Center. The Steering Committee shall be chaired 

5 by the Federal Chief Performance Officer in con6 sultation with the Chair of the Council on Environ7 mental Quality and shall be comprised of Deputy8 level representatives from the following agencies: 

9 ‘‘(A) The Department of Defense. 

10 ‘‘(B) The Department of the Interior. 

11 ‘‘(C) The Department of Agriculture. 

12 ‘‘(D) The Department of Commerce. 

13 ‘‘(E) The Department of Transportation. 

14 ‘‘(F) The Department of Energy. 

15 ‘‘(G) The Department of Homeland Secu16 rity. 

17 ‘‘(H) The Environmental Protection Agen18 cy. 

19 ‘‘(I) The Advisory Council on Historic 

20 Preservation. 

21 ‘‘(J) The Department of the Army. 

22 ‘‘(K) The Department of Housing and 

23 Urban Development. 

24 ‘‘(L) Other agencies the Chair invites to 

25 participate. 


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1 ‘‘(3) ACTIVITIES.—The Center shall support the 

2 Chair of the Steering Committee described in para3 graph (2) and undertake the following: 

4 ‘‘(A) Coordinate and support implementa5 tion of priority reform actions for Federal agen6 cy permitting and reviews for areas as defined 

7 and identified by the Steering Committee de8 scribed in paragraph (2). 

9 ‘‘(B) Support modernization efforts at 

10 agencies and interagency pilots for innovative 

11 approaches to the permitting and review of in12 frastructure projects. 

13 ‘‘(C) Provide technical assistance and 

14 training to field and headquarters staff of Fed15 eral agencies on policy changes, innovative ap16 proaches to project delivery and other topics as 

17 appropriate. 

18 ‘‘(D) Identify, develop and track metrics 

19 for timeliness of permit reviews, permit deci20 sions, and project outcomes. 

21 ‘‘(E) Administer and expand the use of on22 line transparency tools providing for— 

23 ‘‘(i) tracking and reporting of metrics; 


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1 ‘‘(ii) development and posting of 

2 schedules for permit reviews and permit 

3 decisions; and 

4 ‘‘(iii) sharing of best practices related 

5 to efficient project permitting and reviews. 

6 ‘‘(F) Provide reporting to the President on 

7 progress towards achieving greater efficiency in 

8 permitting decisions and review of infrastruc9 ture projects and progress towards achieving 

10 better outcomes for communities and the envi11 ronment. 

12 ‘‘(4) INFRASTRUCTURE SECTORS COVERED.— 

13 The Center shall support process improvements in 

14 the permitting and review of projects in the fol15 lowing sectors: 

16 ‘‘(A) Surface transportation. 

17 ‘‘(B) Aviation. 

18 ‘‘(C) Ports and waterways. 

19 ‘‘(D) Water resource projects. 

20 ‘‘(E) Renewable energy generation. 

21 ‘‘(F) Electricity transmission. 

22 ‘‘(G) Broadband. 

23 ‘‘(H) Pipelines. 


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1 ‘‘(I) Other sectors, as determined by the 

2 Steering Committee described in subparagraph 

3 (2).’’. 

4 (b) CONFORMING AMENDMENT.—The analysis of 

5 chapter 3 of title 49, United States Code, is amended by 

6 inserting after the item relating to section 312, as added 

7 by this Act, the following: 

‘‘312. Interagency Infrastructure Permitting Improvement Center.’’. 

8 SEC. 1010. CLARIFICATION OF TRANSPORTATION ENVIRON9 MENTAL AUTHORITIES. 

10 (a) TITLE 49 REFERENCE TO SECTION 4(f).—Sec11 tion 303 of title 49, United States Code, as amended by 

12 section 1012 of this Act, is further amended by inserting 

13 at the end the following: 

14 ‘‘(h) SECTION 4(f).—This section may be referred to 

15 as ‘section 4(f)’ or ‘section 4(f) of title 49, United States 

16 Code’.’’. 

17 (b) TITLE 23 REFERENCE TO SECTION 4(f).—Sec18 tion 138 of title 23, United States Code, as amended by 

19 this Act, is further amended by adding at the end the fol20 lowing: 

21 ‘‘(f) SECTION 4(f).—This section may be referred to 

22 as ‘section 4(f)’ or ‘section 4(f) of title 23, United States 

23 Code’.’’. 

24 (c) RELOCATION AND CLARIFICATION OF SECTION

25 1319 OF MAP–21.— 


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1 (1) REPEAL.—Section 1319 of the Moving 

2 Ahead for Progress in the 21st Century Act (Public 

3 Law 112–141, 126 Stat. 551; 42 U.S.C. 4332a) is 

4 repealed. 

5 (2) ACCELERATED DECISIONMAKING IN ENVI6 RONMENTAL REVIEWS.—Chapter 3 of title 49, 

7 United States Code, is amended by inserting after 

8 section 304 the following: 

9 ‘‘§ 304a. Accelerated decisionmaking in environ10 mental reviews 

11 ‘‘(a) IN GENERAL.—In preparing a final environ12 mental impact statement under the National Environ13 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if 

14 the Department of Transportation, when acting as lead 

15 agency, modifies the statement in response to comments 

16 that are minor and are confined to factual corrections or 

17 explanations of why the comments do not warrant addi18 tional Departmental response, the Department may write 

19 on errata sheets attached to the statement instead of re20 writing the draft statement, subject to the condition that 

21 the errata sheets— 

22 ‘‘(1) cite the sources, authorities, or reasons 

23 that support the position of the Department; and 


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1 ‘‘(2) if appropriate, indicate the circumstances 

2 that would trigger Departmental reappraisal or fur3 ther response. 

4 ‘‘(b) INCORPORATION.—To the maximum extent 

5 practicable, the Department shall expeditiously develop a 

6 single document that consists of a final environmental im7 pact statement and a record of decision, unless— 

8 ‘‘(1) the final environmental impact statement 

9 makes substantial changes to the proposed action 

10 that are relevant to environmental or safety con11 cerns; or 

12 ‘‘(2) there are significant new circumstances or 

13 information relevant to environmental concerns and 

14 that bear on the proposed action or the impacts of 

15 the proposed action.’’. 

16 (d) CONFORMING AMENDMENT.—The analysis of 

17 chapter 3 of title 49, United States Code, is amended by 

18 inserting the following after the item relating to section 

19 304: 

‘‘304a. Accelerated decisionmaking in environmental reviews.’’. 

20 (e) EFFECTIVE DATE.—The repeal and amendments 

21 made by this section are effective on the date of enactment 

22 of the Moving Ahead for Progress in the 21st Century Act. 


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1 SEC. 1011. ADVANCE ACQUISITION. 

2 (a) ADVANCE ACQUISITION.—Chapter 241 of title 

3 49, United States Code, is amended by inserting the fol4 lowing after section 24105: 

5 ‘‘§ 24106. Advance acquisition 

6 ‘‘(a) RAIL CORRIDOR PRESERVATION.—The Sec7 retary may assist a recipient of funding in acquiring right8 of-way and adjacent real property interests before or dur9 ing the completion of the environmental reviews for any 

10 project receiving funding under subtitle V of title 49, 

11 United States Code, that may use such property interests 

12 if the acquisition is otherwise permitted under Federal 

13 law, and the recipient requesting Federal funding for the 

14 acquisition certifies, with the concurrence of the Secretary, 

15 that— 

16 ‘‘(1) the recipient has authority to acquire the 

17 real property interest; 

18 ‘‘(2) the acquisition of the real property inter19 est— 

20 ‘‘(A) is for a transportation purpose; 

21 ‘‘(B) will not cause significant adverse en22 vironmental impact; 

23 ‘‘(C) will not limit the choice of reasonable 

24 alternatives for the proposed project or other25 wise influence the decision of the Secretary on 

26 any approval required for the project; 


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1 ‘‘(D) does not prevent the lead agency 

2 from making an impartial decision as to wheth3 er to accept an alternative that is being consid4 ered; 

5 ‘‘(E) complies with other applicable Fed6 eral laws and regulations; 

7 ‘‘(F) will be acquired through negotiation, 

8 without threat of condemnation; and 

9 ‘‘(G) will not result in elimination or re10 duction of benefits or assistance to a displaced 

11 person required by the Uniform Relocation As12 sistance and Real Property Acquisition Policies 

13 Act of 1970 (42 U.S.C. 4601 et seq.) and title 

14 VI of the Civil Rights Act of 1964 (42 U.S.C. 

15 2000d et seq.). 

16 ‘‘(b) ENVIRONMENTAL REVIEWS.— 

17 ‘‘(1) COMPLETION OF NEPA REVIEW.—Before 

18 authorizing Federal funding for an acquisition of a 

19 real property interest, the Secretary shall complete 

20 the review process under the National Environ21 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

22 with respect to the acquisition. 

23 ‘‘(2) COMPLETION OF SECTION 106.—An acqui24 sition of a real property interest involving an historic 

25 site shall not occur unless the section 106 process 


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1 under the National Historic Preservation Act (16 

2 U.S.C. 470f) (as described in 77 Fed. Reg. 68790) 

3 is complete. 

4 ‘‘(3) TIMING OF ACQUISITION.—A real property 

5 interest acquired under subsection (a) may not be 

6 developed in anticipation of the proposed project 

7 until all required environmental reviews for the 

8 project have been completed.’’. 

9 (b) CONFORMING AMENDMENT.—The analysis of 

10 chapter 241 of title 49, United States Code, is amended 

11 by inserting the following after the item relating to section 

12 24105: 

‘‘Sec. 24106. Advance acquisition.’’. 

13 SEC. 1012. BRIDGE EXEMPTION FROM CONSIDERATION 

14 UNDER SECTION 4(f). 

15 (a) TITLE 23 AMENDMENT.—Section 138 of title 23, 

16 United States Code, as amended by this Act, is further 

17 amended by adding at the end the following: 

18 ‘‘(e) BRIDGE EXEMPTION FROM CONSIDERATION

19 UNDER SECTION 4(f).—A common post-1945 concrete or 

20 steel bridge or culvert that is exempt from individual re21 view under section 106 of the National Historic Preserva22 tion Act (16 U.S.C. 470f) (as described in 77 Fed. Reg. 

23 68790) shall also be exempt from consideration under this 

24 section.’’. 


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1 (b) TITLE 49 AMENDMENT.—Section 303 of title 49, 

2 United States Code, as amended by this Act, is further 

3 amended by adding at the end the following: 

4 ‘‘(g) BRIDGE EXEMPTION FROM CONSIDERATION

5 UNDER SECTION 4(f).—A common post-1945 concrete or 

6 steel bridge or culvert that is exempt from individual re7 view under section 106 of the National Historic Preserva8 tion Act (16 U.S.C. 470f) (as described in 77 Fed. Reg. 

9 68790) shall also be exempt from consideration under this 

10 section.’’. 

11 Subtitle B—Freight Policy and 

12 Financing 

13 SEC. 1101. MULTIMODAL FREIGHT INVESTMENT PROGRAM. 

14 (a) MULTIMODAL FREIGHT INCENTIVE PROGRAM.— 

15 (1) ESTABLISHMENT.—Title 49, United States 

16 Code, is amended by adding after chapter 53 the fol17 lowing: 

‘‘CHAPTER 54—FREIGHT

‘‘Sec. 

‘‘5401. Multimodal freight incentive program. 

‘‘5402. National freight infrastructure program. 

‘‘5403. State freight advisory committees. 

‘‘5404. State freight plans. 

‘‘5405. National freight policy, network, plan and data. 

18 ‘‘§ 5401. Multimodal freight incentive program 

19 ‘‘(a) IN GENERAL.—Subject to the requirements of 

20 this section, the Secretary shall— 


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1 ‘‘(1) establish a program to make grants to 

2 States to improve the efficiency and reliability of 

3 freight movement in the United States; 

4 ‘‘(2) under subsection (c), calculate the max5 imum amount of funding that the Secretary may al6 locate to a State under this section for a fiscal year; 

7 and 

8 ‘‘(3) under subsection (e), allocate to a State 

9 one or more grants for which the State qualifies in 

10 such fiscal year, based on the criteria specified in 

11 such subsection. 

12 ‘‘(b) DEFINITION.—In this section, the term ‘State’ 

13 means any of the 50 States, the District of Columbia, or 

14 Puerto Rico. 

15 ‘‘(c) CALCULATION.— 

16 ‘‘(1) ANNUAL AMOUNT.—The Secretary shall 

17 calculate the amount of funding available to be allo18 cated to a State under this section for a fiscal year 

19 as follows— 

20 ‘‘(A) the amount made available to provide 

21 multimodal freight incentive grants under this 

22 section for such fiscal year; multiplied by 

23 ‘‘(B) the overall ratio specified in para24 graph (3). 


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1 ‘‘(2) FLOOR AMOUNT.—Under the calculations 

2 in paragraph (1), a State’s amount for a fiscal year 

3 shall not be less than 0.5 percent of the amount 

4 made available to provide multimodal freight incen5 tive grants under this section for such fiscal year. 

6 ‘‘(3) RATIO.—Subject to paragraph (2), the 

7 Secretary shall determine the overall ratio referenced 

8 in paragraph (1)(B) based on the following ratios: 

9 ‘‘(A) 6.25 percent in the ratio that— 

10 ‘‘(i) the number of ports in each 

11 State; bears to 

12 ‘‘(ii) the number of ports in all States. 

13 ‘‘(B) 6.25 percent in the ratio that— 

14 ‘‘(i) the number of rail track-miles 

15 used for the movement of freight in each 

16 State; bears to 

17 ‘‘(ii) the number of such rail track18 miles in all States. 

19 ‘‘(C) 6.25 percent in the ratio that— 

20 ‘‘(i) the number of cargo-handling air21 ports in each State; bears to 

22 ‘‘(ii) the number of such airports in 

23 all States. 

24 ‘‘(D) 6.25 percent in the ratio that— 


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1 ‘‘(i) the number of Interstate system 

2 miles in each State; bears to 

3 ‘‘(ii) the number of Interstate system 

4 miles in all States. 

5 ‘‘(E) 37.5 percent in the ratio that— 

6 ‘‘(i) the tonnage of rail, waterborne, 

7 highway, airport and pipeline freight 

8 moved in each State; bears to 

9 ‘‘(ii) the tonnage of such freight 

10 moved in all States. 

11 ‘‘(F) 37.5 percent in the ratio that— 

12 ‘‘(i) the value of rail, waterborne, 

13 highway, airport and pipeline freight 

14 moved in each State; bears to 

15 ‘‘(ii) the value of such freight moved 

16 in all States. 

17 ‘‘(d) ELIGIBILITY.—A State shall use a grant under 

18 this section for— 

19 ‘‘(1) the development of corridor freight plans 

20 or regional freight plans; or 

21 ‘‘(2) one or more phases of capital projects, 

22 equipment or operational improvements on roads, 

23 rails, landside infrastructure on ports and airports, 

24 and intermodal connectors included in a State 


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1 freight plan under section 5404 of this title for 

2 projects that— 

3 ‘‘(A) maintain or improve the efficiency 

4 and reliability of freight supply chains; 

5 ‘‘(B) demonstrate public freight benefits; 

6 ‘‘(C) improve modal components of a 

7 multimodal corridor that is critical to a State or 

8 region; 

9 ‘‘(D) address freight needs to facilitate a 

10 regionally or nationally significant economic de11 velopment issue; 

12 ‘‘(E) are multimodal, multi-jurisdictional, 

13 or corridor-based and address freight needs; 

14 ‘‘(F) relieve freight or non-freight access, 

15 congestion, or safety issues; or 

16 ‘‘(G) address first and last mile connec17 tors. 

18 ‘‘(e) GRANTS.— 

19 ‘‘(1) IN GENERAL.—If during a fiscal year a 

20 State meets the eligibility criteria specified in para21 graph (2) or (3) the Secretary shall allocate to the 

22 State in such fiscal year a grant under such para23 graph. The determination of whether a State meets 

24 such eligibility criteria shall be made by the Sec25 retary. 


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1 ‘‘(2) TIER I INCENTIVE GRANT.— 

2 ‘‘(A) ALLOCATIONS OF FUNDING.—Subject 

3 to paragraph (4), if a State meets the eligibility 

4 criteria specified in subparagraph (B) during a 

5 fiscal year, the Secretary shall allocate to the 

6 State in such fiscal year 40 percent of the 

7 amount of the funds available to be allocated to 

8 the State in such fiscal year. 

9 ‘‘(B) ELIGIBILITY CRITERIA.—The Sec10 retary may allocate funding to a State under 

11 this paragraph in a fiscal year if the State— 

12 ‘‘(i) has an established freight advi13 sory committee in accordance with section 

14 5403 of this title; 

15 ‘‘(ii) has an approved freight plan in 

16 accordance with section 5404 of this title; 

17 ‘‘(iii) has conducted a statewide anal18 ysis of freight needs and bottlenecks on all 

19 modes of transportation, including inter20 modal and last mile needs; 

21 ‘‘(iv) demonstrates use of the state22 wide analysis of freight needs in 

23 prioritizing projects in the freight plan re24 quired by section 5404 of this title; and 


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1 ‘‘(v) demonstrates that it will use the 

2 funding that it is allocated under this 

3 paragraph for the highest priority projects 

4 that are identified in the freight plan re5 quired by section 5404 of this title and are 

6 ready to be advanced. 

7 ‘‘(3) TIER II INCENTIVE GRANT.— 

8 ‘‘(A) ALLOCATIONS OF FUNDING.—Subject 

9 to paragraph (4), if a State meets the eligibility 

10 criteria specified in subparagraph (B) during a 

11 fiscal year, the Secretary shall allocate to the 

12 State in such fiscal year 60 percent of the 

13 amount of the funds available to be allocated to 

14 the State in such fiscal year. 

15 ‘‘(B) ELIGIBILITY CRITERIA.—The Sec16 retary may allocate funding to a State under 

17 this paragraph in a fiscal year if the State— 

18 ‘‘(i) has met the eligibility criteria 

19 specified in paragraph (2)(B); 

20 ‘‘(ii) has conducted, in cooperation 

21 with at least one other State, a multistate 

22 analysis of freight needs and bottlenecks 

23 on all modes of transportation, including 

24 intermodal and last mile needs along a 

25 multistate freight corridor; 


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1 ‘‘(iii) has developed, in cooperation 

2 with at least one other State or relevant 

3 entities in Canada or Mexico, a regional 

4 freight investment plan that focuses on the 

5 end-to-end investment needs of critical 

6 multistate freight corridors based on the 

7 multistate analysis of freight needs and 

8 bottlenecks on all modes of transportation, 

9 including intermodal and last mile needs; 

10 and 

11 ‘‘(iv) demonstrates that it will use the 

12 funding that it is allocated under this 

13 paragraph for the highest priority projects 

14 identified in the regional freight plan. 

15 ‘‘(4) TIER I AND II ANALYSES AND PLANS.— 

16 ‘‘(A) APPROVAL.—A State shall dem17 onstrate that it developed the analyses and 

18 plans required under paragraphs (2) and (3) 

19 with the approval of a State Freight Advisory 

20 Committee. 

21 ‘‘(B) CERTIFICATION.—The determination 

22 of whether the analyses and plans required to 

23 qualify under paragraphs (2) and (3) satisfy 

24 the requirements of the paragraphs shall be at 

25 the discretion of the Secretary. 


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1 ‘‘(C) FORECAST PERIOD.—All analyses and 

2 plans required under paragraph (3) shall ad3 dress a 10-year and 20-year forecast period. 

4 ‘‘(D) UPDATES.—In order to obligate 

5 funding under paragraphs (2) and (3), a State 

6 shall update all analyses and plans required 

7 under such paragraph at least every 5 years. 

8 ‘‘(f) TRANSFER AUTHORITY.— 

9 ‘‘(1) ADMINISTRATION OF PROJECTS.—For the 

10 purpose of administering a grant under this sub11 section, funds authorized for this section may be 

12 transferred within the Department and administered 

13 in accordance with the requirements of title 23 or 49 

14 of the United States Code applicable to the agency 

15 to which the funds are transferred and any other re16 quirements applicable to the project. 

17 ‘‘(2) TRANSFER TO OTHER PROGRAMS.—Funds 

18 authorized for this section may not be transferred to 

19 any other program under title 23 or 49, United 

20 States Code. 

21 ‘‘(g) FEDERAL SHARE.—The Federal share for 

22 projects funded under this section shall not exceed 80 per23 cent. Funds authorized for this section may not be applied 

24 towards the non-Federal share of costs under another 

25 Federal program. 


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1 ‘‘(h) TREATMENT FOR OBLIGATION LIMITATION DIS2 TRIBUTION.—For purposes of distributing obligation limi3 tation in any fiscal year, the Secretary shall provide funds 

4 made available for this section with obligation limitation 

5 as follows: 

6 ‘‘(1) The Secretary shall provide funds author7 ized for that fiscal year with obligation limitation 

8 under section 2002(c)(4) of the GROW AMERICA 

9 Act or the equivalent provision of the relevant appro10 priations act for a fiscal year, as appropriate. 

11 ‘‘(2) The Secretary shall provide funds carried 

12 over from prior fiscal years with obligation limitation 

13 under section 2002(c)(2) of such Act or the equiva14 lent provision of the relevant appropriations act for 

15 a fiscal year, as appropriate.’’. 

16 (2) FUNDING.— 

17 (A) AUTHORIZATION.—There is authorized 

18 to be appropriated from the highway account of 

19 the transportation trust fund to carry out sec20 tion 5401 of title 49, United States Code— 

21 (i) $500,000,000 for fiscal year 2016; 

22 (ii) $1,000,000,000 for fiscal year 

23 2017; 

24 (iii) $1,500,000,000 for fiscal year 

25 2018; 


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1 (iv) $2,000,000,000 for fiscal year 

2 2019; 

3 (v) $2,000,000,000 for fiscal year 

4 2020; and 

5 (vi) $2,000,000,000 for fiscal year 

6 2021. 

7 (B) AVAILABILITY AND ADMINISTRA8 TION.—The funds authorized by subparagraph 

9 (A) shall be— 

10 (i) available for obligation on October 

11 1 of the fiscal year for which they are au12 thorized; 

13 (ii) available for obligation until ex14 pended; and 

15 (iii) administered as if such funds 

16 were apportioned under chapter 1 of title 

17 23, United States Code. 

18 (C) TRANSFER TO NATIONAL FREIGHT IN19 FRASTRUCTURE PROGRAM.—Notwithstanding 

20 section 5401(f)(2) of title 49, United States 

21 Code, as soon as practicable after October 1, 

22 2017, and each fiscal year thereafter, the Sec23 retary shall transfer to the National Freight In24 frastructure Program under section 5402 of 

25 such title— 


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1 (i) of the funds authorized under sub2 paragraph (A) to carry out section 5401 of 

3 such title, any funds that— 

4 (I) were available to be allocated 

5 to a State for the prior fiscal year 

6 under subsection (c) of such section; 

7 but 

8 (II) the Secretary did not allo9 cate to that State for that prior fiscal 

10 year due to that State not meeting 

11 the eligibility criteria specified under 

12 subsection (e)(2) or (e)(3) of such sec13 tion; and 

14 (ii) an amount of obligation limitation 

15 equal to the amount of funds that the Sec16 retary transfers under clause (i). 

17 (b) NATIONAL FREIGHT INFRASTRUCTURE PRO18 GRAM.— 

19 (1) ESTABLISHMENT.—Chapter 54 of such title 

20 is amended by adding at the end the following: 

21 ‘‘§ 5402. National Freight Infrastructure Program 

22 ‘‘(a) IN GENERAL.—The Secretary shall establish 

23 and implement a National Freight Infrastructure Pro24 gram under this section. 

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


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1 ‘‘(1) reduce the cost of freight transportation; 

2 ‘‘(2) improve the safety of freight transpor3 tation; 

4 ‘‘(3) relieve bottlenecks in the freight transpor5 tation system; 

6 ‘‘(4) improve the state of good repair of the 

7 freight transportation system; and 

8 ‘‘(5) reduce the adverse environmental and 

9 community impacts of freight transportation. 

10 ‘‘(c) DEFINITIONS.—In this section the following 

11 definitions apply: 

12 ‘‘(1) ELIGIBLE APPLICANT.— 

13 ‘‘(A) IN GENERAL.—The term ‘eligible ap14 plicant’ means— 

15 ‘‘(i) a State (as defined in section 

16 101(a)(25) of title 23); 

17 ‘‘(ii) American Samoa, the Common18 wealth of the Northern Mariana Islands, 

19 Guam, or the U.S. Virgin Islands; 

20 ‘‘(iii) a local government; 

21 ‘‘(iv) a metropolitan planning organi22 zation; 

23 ‘‘(v) a public transportation authority 

24 (including a port authority); 

25 ‘‘(vi) a tribal government; or 


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1 ‘‘(vii) a group of entities described in 

2 clauses (i) through (vi). 

3 ‘‘(B) GROUPS OF ENTITIES.—A group de4 scribed in clause (vii) of subparagraph (A) shall 

5 submit an application through a lead applicant 

6 that qualifies under one of the clauses (i) 

7 through (vi) of that subparagraph. Public-pri8 vate partnerships are eligible provided the lead 

9 applicant qualifies under one of the clauses (i) 

10 through (vi) of subparagraph (A). 

11 ‘‘(2) ELIGIBLE PROJECT.— 

12 ‘‘(A) IN GENERAL.—The term ‘eligible 

13 project’ means a capital investment for a trans14 portation infrastructure facility, or for an oper15 ational improvement or equipment for such a 

16 facility— 

17 ‘‘(i) that is for a facility significantly 

18 used for the movement of freight, and that 

19 is— 

20 ‘‘(I) a road, rail, air, water, or 

21 pipeline facility; 

22 ‘‘(II) an intermodal facility such 

23 as an intermodal facility serving a 

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1 ways, or an airport; or a highway/rail 

2 intermodal facility; or 

3 ‘‘(III) a facility related to an 

4 international border crossing; 

5 ‘‘(ii) that the Secretary has deter6 mined will help to achieve the goals set out 

7 in subsection (b); 

8 ‘‘(iii) for which funding committed by 

9 State and local governments and other 

10 public and private partners, along with the 

11 Federal funding requested, will be suffi12 cient to complete the capital investment; 

13 and 

14 ‘‘(iv) that upon completion will have 

15 independent utility. 

16 ‘‘(B) PLANS AND ANALYSES.—The term 

17 ‘eligible project’ includes the development of 

18 plans and analysis required by this chapter. 

19 ‘‘(d) APPLICATIONS.—An eligible applicant seeking to 

20 receive a grant under this section for an eligible project 

21 shall submit to the Secretary an application in such form 

22 and in accordance with such requirements as the Secretary 

23 shall establish. 


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1 ‘‘(e) SELECTION OF PROJECTS.—The Secretary shall 

2 select projects for funding based on the criteria specified 

3 in subsection (f). 

4 ‘‘(f) CRITERIA FOR SELECTION.—The Secretary shall 

5 select eligible projects for funding based on the following 

6 criteria: 

7 ‘‘(1) The extent to which the project is likely to 

8 advance the goals set forth in subsection (b). 

9 ‘‘(2) The likely benefits of the project relative 

10 to its costs. 

11 ‘‘(3) The extent to which the project dem12 onstrates the use of innovative technology, strate13 gies, and practices. 

14 ‘‘(4) The likely effect of the project on increas15 ing U.S. exports. 

16 ‘‘(5) The consistency of the project with the 

17 National Freight Strategic Plan under section 5405 

18 of this title. 

19 ‘‘(6) Inclusion of the project in the State freight 

20 plan required under section 5404 of this title. 

21 ‘‘(7) The extent to which the project leverages 

22 Federal funds by matching State, local, tribal, or 

23 private funds to the Federal funding requested 

24 under this section. 


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1 ‘‘(8) The extent to which funds for the project 

2 are not available from other sources. 

3 ‘‘(g) RETROSPECTIVE ANALYSIS.— 

4 ‘‘(1) ANALYSIS.—A grant agreement made 

5 under this section between the Government and a 

6 grantee shall specify that the grantee will collect 

7 data and report to the Secretary, at times that the 

8 Secretary shall specify, on— 

9 ‘‘(A) the actual cost of constructing the 

10 project; 

11 ‘‘(B) the time required to complete the 

12 project and put it into service; 

13 ‘‘(C) the level of usage of the facility built 

14 or improved by the project; 

15 ‘‘(D) the benefits of the project, measured 

16 in a way that is consistent with the benefits 

17 that were estimated in the application for fund18 ing that was submitted to the Secretary; and 

19 ‘‘(E) any costs resulting from the project 

20 in addition to the costs of constructing the 

21 project. 

22 ‘‘(h) TERMS AND CONDITIONS.—The Secretary shall 

23 determine such other terms and conditions, other than 

24 those listed in this section, as are necessary and appro25 priate to implement this section. 


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1 ‘‘(i) ADMINISTRATIVE AND OVERSIGHT COSTS.— 

2 ‘‘(1) IN GENERAL.—The Secretary may retain 

3 up to one-half of 1 percent of the amounts author4 ized for each fiscal year under this section for— 

5 ‘‘(A) administration of the National 

6 Freight Infrastructure Program under this sec7 tion; and 

8 ‘‘(B) oversight of projects funded under 

9 this section. 

10 ‘‘(2) TRANSFER OF FUNDS.—The Secretary 

11 may transfer portions of the funds retained under 

12 this subsection to the Administrators of the Federal 

13 Highway Administration, the Federal Railroad Ad14 ministration, the Federal Aviation Administration, 

15 and the Federal Maritime Administration to carry 

16 out the administration and oversight of grants made 

17 under this section. 

18 ‘‘(j) FEDERAL SHARE.—The Federal share for 

19 projects funded under this section shall not exceed 80 per20 cent. 

21 ‘‘(k) ADMINISTRATION OF PROJECTS.—For the pur22 pose of administering a grant under this section, funds 

23 authorized for this section may be transferred within the 

24 Department and administered in accordance with the re25 quirements of title 23 or 49 of the United States Code 


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1 applicable to the agency to which the funds are transferred 

2 and any other requirements applicable to the project.’’. 

3 (2) FUNDING.— 

4 (A) IN GENERAL.—There is authorized to 

5 be appropriated from the highway account of 

6 the transportation trust fund to carry out this 

7 section— 

8 (i) $500,000,000 for fiscal year 2016; 

9 (ii) $1,000,000,000 for fiscal year 

10 2017; 

11 (iii) $1,500,000,000 for fiscal year 

12 2018; 

13 (iv) $2,000,000,000 for fiscal year 

14 2019; 

15 (v) $2,000,000,000 for fiscal year 

16 2020; and 

17 (vi) $2,000,000,000 for fiscal year 

18 2021. 

19 (B) ADMINISTRATION OF FUNDS.—The 

20 funds authorized by subparagraph (A) shall 

21 be— 

22 (i) available for obligation on October 

23 1 of the fiscal year for which they are au24 thorized; and 


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1 (ii) available for obligation until ex2 pended. 

3 (c) STATE FREIGHT ADVISORY COMMITTEE.—Chap4 ter 54 of such title is amended by adding at the end the 

5 following: 

6 ‘‘§ 5403. State freight advisory committees 

7 ‘‘(a) IN GENERAL.— 

8 ‘‘(1) FREIGHT ADVISORY COMMITTEE.—Each 

9 State that receives a grant under this chapter shall 

10 establish and maintain a freight advisory committee 

11 consistent with criteria established by the Secretary 

12 and consisting of a representative cross-section of 

13 public and private sector freight stakeholders, in14 cluding— 

15 ‘‘(A) all modes of freight transportation 

16 active in the State, including airports, high17 ways, ports, and rail; 

18 ‘‘(B) shippers; 

19 ‘‘(C) carriers; 

20 ‘‘(D) freight-related associations: 

21 ‘‘(E) the freight industry workforce; 

22 ‘‘(F) the transportation department of the 

23 State; 

24 ‘‘(G) metropolitan planning organizations; 

25 and 


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1 ‘‘(H) local governments. 

2 ‘‘(2) QUALIFICATIONS.—Individuals selected 

3 under paragraph (1) must be widely recognized to 

4 have qualifications sufficient to represent the inter5 ests of their specific stakeholder group, including— 

6 ‘‘(A) general business and financial experi7 ence; 

8 ‘‘(B) experience or qualifications in the 

9 areas of freight transportation and logistics; 

10 ‘‘(C) experience in transportation planning; 

11 ‘‘(D) representing employees of the freight 

12 industry; or 

13 ‘‘(E) representing State or local govern14 ments, or metropolitan planning organizations. 

15 ‘‘(b) ROLE OF COMMITTEE.—The freight advisory 

16 committee shall— 

17 ‘‘(1) advise the State on freight-related prior18 ities, issues, projects, and funding needs; 

19 ‘‘(2) serve as a forum for discussion for State 

20 transportation decisions affecting freight mobility; 

21 ‘‘(3) communicate and coordinate regional pri22 orities with other organizations; 

23 ‘‘(4) promote the sharing of information be24 tween the private and public sectors on freight 

25 issues; 


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1 ‘‘(5) participate in the development of the State 

2 freight plan, including advising on the development 

3 of the freight investment plan; and 

4 ‘‘(6) approve the State freight plan under sec5 tion 5404 of this title, including the freight invest6 ment plan required thereunder.’’. 

7 (d) STATE FREIGHT PLAN.—Chapter 54 of such title 

8 is amended by adding at the end the following: 

9 ‘‘§ 5404. State freight plan 

10 ‘‘(a) IN GENERAL.—Each State that receives a grant 

11 under this chapter shall develop a freight plan that pro12 vides a multimodal, comprehensive plan for the immediate 

13 and long-range planning activities and investments of the 

14 State with respect to freight. The freight plan shall include 

15 a strategic, long-term component and a tactical, short16 term component. 

17 ‘‘(b) PLAN CONTENTS.—The freight plan shall con18 sider all modes of freight transportation in the State and 

19 include, at a minimum— 

20 ‘‘(1) an identification of significant freight sys21 tem trends, needs, and issues with respect to a 

22 State; 

23 ‘‘(2) a description of the freight policies, strate24 gies, and performance measures that will guide the 


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1 freight-related transportation investment decisions of 

2 the State; 

3 ‘‘(3) a description of how the plan will improve 

4 the ability of the State to meet the national freight 

5 goals established under section 5405 of this title; 

6 ‘‘(4) evidence of consideration of innovative 

7 technologies and operational strategies, including in8 telligent transportation systems, that improve the 

9 safety and efficiency of freight movement; 

10 ‘‘(5) in the case of routes on which travel of 

11 heavy vehicles (including mining, agricultural, en12 ergy cargo or equipment, and timber vehicles) is pro13 jected to substantially deteriorate the condition of 

14 the roadways, a description of improvements that 

15 may be required to reduce or impede the deteriora16 tion; 

17 ‘‘(6) an inventory of facilities with freight mo18 bility issues, such as truck bottlenecks, within the 

19 State, and a description of the strategies the State 

20 is employing to address those freight mobility issues; 

21 and 

22 ‘‘(7) a freight investment plan that includes a 

23 list of projects in order of priority and describes how 

24 multimodal freight investment funds under section 

25 5401 of this title would be invested and matched. 


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1 ‘‘(c) RELATIONSHIP TO LONG-RANGE PLAN.— 

2 ‘‘(1) INCORPORATION.—The freight plan may 

3 be developed separate from or incorporated into the 

4 statewide strategic long-range transportation plan 

5 required by section 135(f) of title 23, United States 

6 Code. 

7 ‘‘(2) REQUIREMENT OF ANTICIPATED FULL

8 FUNDING.—The priority freight investment plan 

9 component of the freight plan shall include a project, 

10 or an identified phase of a project, only if funding 

11 for completion of the project can reasonably be an12 ticipated to be available for the project within the 

13 time period identified in the freight investment plan. 

14 ‘‘(d) CERTIFICATION.—The Secretary shall approve 

15 State freight plans if they address the requirements of this 

16 section and are consistent with the National Freight Stra17 tegic Plan. 

18 ‘‘(e) FORECAST PERIOD.—The freight plan shall ad19 dress a 10-year forecast period. 

20 ‘‘(f) UPDATES.—A State shall update the freight plan 

21 at least every 5 years. The State may update the freight 

22 investment plan on a more frequent basis.’’. 

23 (e) NATIONAL FREIGHT POLICY, NETWORK, PLAN, 

24 AND DATA.—Chapter 54 of such title is amended by add25 ing at the end the following: 


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1 ‘‘§ 5405. National freight policy, network, plan, and 

2 data 

3 ‘‘(a) NATIONAL FREIGHT POLICY.—It is the policy 

4 of the United States to improve the condition and per5 formance of the national freight system to ensure that the 

6 national freight system provides the foundation for the 

7 United States to compete in the global economy and 

8 achieve each goal described in subsection (b). 

9 ‘‘(b) GOALS.—The goals of the national freight policy 

10 are— 

11 ‘‘(1) to increase the productivity and efficiency 

12 of the national freight system so as to enhance the 

13 economic competitiveness of the United States; 

14 ‘‘(2) to improve the safety, security, and resil15 ience of freight transportation; and 

16 ‘‘(3) to improve quality of life by reducing, 

17 eliminating or reversing adverse environmental and 

18 community impacts of freight projects and goods 

19 movement in the United States. 

20 ‘‘(c) STRATEGY.—The strategies that the United 

21 States shall use to achieve the goals set forth in subsection 

22 (b) shall include— 

23 ‘‘(1) support for or investment in infrastruc24 ture, equipment and operational improvements; 

25 ‘‘(2) appropriate safety, environmental, energy, 

26 and other transportation policies; 


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1 ‘‘(3) advanced technology and innovation; 

2 ‘‘(4) enhancement of competition and account3 ability in the transportation industries; and 

4 ‘‘(5) use of performance management. 

5 ‘‘(d) NATIONAL FREIGHT SYSTEM DEFINED.—In 

6 this section, the term ‘national freight system’ means the 

7 publicly and privately owned transportation facilities that 

8 are used in transporting freight within the United States, 

9 including roads, railroads, ports, waterways, locks and 

10 dams, airports, airways, pipelines, warehouses, distribu11 tion centers, and intermodal facilities. 

12 ‘‘(e) MULTIMODAL NATIONAL FREIGHT NET13 WORK.— 

14 ‘‘(1) ESTABLISHMENT.—The Secretary shall es15 tablish a multimodal national freight network in ac16 cordance with this section to inform public and pri17 vate planning, to prioritize for Federal investment, 

18 to aid the public and private sector in strategically 

19 directing resources, and to support Federal decision20 making to achieve the national freight policy goals 

21 set forth in subsection (b). 

22 ‘‘(2) NETWORK COMPONENTS.—The national 

23 freight network shall consist of such connectors, cor24 ridors and facilities in all freight transportation 

25 modes as most critical to the current and future 


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1 movement of freight within the national freight sys2 tem. 

3 ‘‘(3) INITIAL DESIGNATION OF THE NATIONAL

4 FREIGHT NETWORK.— 

5 ‘‘(A) DESIGNATION.—The Secretary shall 

6 designate a national freight network— 

7 ‘‘(i) using measurable data to assess 

8 the significance of goods movement, includ9 ing consideration of points of origin, des10 tination, and linking components of the 

11 United States global and domestic supply 

12 chains; 

13 ‘‘(ii) fostering network connectivity; 

14 and 

15 ‘‘(iii) reflecting input collected from 

16 stakeholders through a public process, in17 cluding input from metropolitan planning 

18 organizations and States, to identify crit19 ical freight facilities that are vital links in 

20 national or regionally significant goods 

21 movement and supply chains. 

22 ‘‘(B) FACTORS FOR DESIGNATION.—In 

23 designating the national freight network, the 

24 Secretary may consider— 


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1 ‘‘(i) volume, tonnage, and value of 

2 freight; 

3 ‘‘(ii) origins and destinations of 

4 freight movement in, to, and from the 

5 United States; 

6 ‘‘(iii) land and maritime ports of 

7 entry; 

8 ‘‘(iv) population centers; 

9 ‘‘(v) economic factors or other inputs 

10 determined to be relevant by the Secretary; 

11 ‘‘(vi) bottlenecks and other impedi12 ments contributing to significant measur13 able congestion and delay in freight move14 ment; 

15 ‘‘(vii) facilities of future freight im16 portance based on input from stakeholders 

17 and analysis of projections for future 

18 growth and changes to the freight system; 

19 and 

20 ‘‘(viii) elements of the freight system 

21 identified and documented by a metropoli22 tan planning organization and State using 

23 national or local data as having critical 

24 freight importance to the region. 


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1 ‘‘(4) REDESIGNATION OF THE NATIONAL

2 FREIGHT NETWORK.—Effective beginning 5 years 

3 after the designation of the national freight network 

4 and every 5 years thereafter, using the designation 

5 factors described in paragraph (1), the Secretary 

6 shall redesignate the national freight network. 

7 ‘‘(f) NATIONAL FREIGHT STRATEGIC PLAN.— 

8 ‘‘(1) ESTABLISHMENT OF PLAN.—Not later 

9 than October 1, 2015, the Secretary shall, in con10 sultation with the Secretary of Homeland Security, 

11 the Secretary of Commerce, the Assistant Secretary 

12 of the Army for Civil Works, State departments of 

13 transportation, and other appropriate public and pri14 vate transportation stakeholders, develop, maintain, 

15 and post on the Department of Transportation pub16 lic website a national freight strategic plan that shall 

17 include— 

18 ‘‘(A) an assessment of the condition and 

19 performance of the national freight system; 

20 ‘‘(B) an identification of bottlenecks on the 

21 national freight system that create significant 

22 freight congestion problems, based on a quan23 titative methodology developed by the Secretary, 

24 which shall, at a minimum, include— 


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1 ‘‘(i) information from the Freight 

2 Analysis Framework of the Federal High3 way Administration; and 

4 ‘‘(ii) to the maximum extent prac5 ticable, an estimate of the cost of address6 ing each bottleneck and any operational 

7 improvements that could be implemented; 

8 ‘‘(C) forecasts of freight volumes for 10- 

9 year and 20-year periods beginning in the year 

10 during which the plan is issued; 

11 ‘‘(D) an identification of major trade gate12 ways and national freight corridors that connect 

13 major population centers, trade gateways, and 

14 other major freight generators for current and 

15 forecasted traffic and freight volumes, the iden16 tification of which shall be revised, as appro17 priate, in subsequent plans; 

18 ‘‘(E) an assessment of statutory, regu19 latory, technological, institutional, financial, 

20 and other barriers to improved freight transpor21 tation performance (including opportunities for 

22 overcoming the barriers); 

23 ‘‘(F) an identification of routes providing 

24 access to energy exploration, development, in25 stallation, or production areas; 


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1 ‘‘(G) best practices for improving the per2 formance of the national freight system; 

3 ‘‘(H) best practices for addressing the im4 pacts of freight movement on communities; 

5 ‘‘(I) a process for addressing multistate 

6 projects and encouraging jurisdictions to col7 laborate; and 

8 ‘‘(J) strategies to improve freight 

9 connectivity between modes of transportation. 

10 ‘‘(2) UPDATES TO NATIONAL FREIGHT STRA11 TEGIC PLAN.—Not later than 5 years after the date 

12 of completion of the first national freight strategic 

13 plan under paragraph (1), and every 5 years there14 after, the Secretary shall update and repost on the 

15 Department of Transportation public website a re16 vised national freight strategic plan. 

17 ‘‘(g) FREIGHT TRANSPORTATION CONDITIONS AND

18 PERFORMANCE REPORTS.—Not later than October 1, 

19 2016, and biennially thereafter, the Secretary shall pre20 pare a report that contains a description of the conditions 

21 and performance of the national freight system in the 

22 United States. 

23 ‘‘(h) TRANSPORTATION INVESTMENT DATA AND

24 PLANNING TOOLS.— 


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1 ‘‘(1) IN GENERAL.—The Secretary shall develop 

2 new tools and improve existing tools to support an 

3 outcome-oriented, performance-based approach to 

4 evaluate proposed freight-related and other transpor5 tation projects, including— 

6 ‘‘(A) methodologies for systematic analysis 

7 of benefits and costs; 

8 ‘‘(B) freight forecasting models; 

9 ‘‘(C) tools for ensuring that the evaluation 

10 of freight-related and other transportation 

11 projects can consider safety, economic competi12 tiveness, environmental sustainability, and sys13 tem condition in the project selection process; 

14 and 

15 ‘‘(D) other elements to assist in effective 

16 transportation planning. 

17 ‘‘(2) FREIGHT DATA.—In support of these 

18 tools, and to support a broad range of evaluation 

19 methods and techniques to assist in making trans20 portation investment decisions, the Secretary shall— 

21 ‘‘(A) direct the collection of appropriate 

22 transportation-related data, including data to 

23 measure the condition and performance of the 

24 national freight system; and 


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1 ‘‘(B) consider any improvements to exist2 ing freight data collection efforts that could re3 duce identified freight data gaps and defi4 ciencies and help improve forecasts of freight 

5 transportation demand. 

6 ‘‘(3) CONSULTATION.—The Secretary shall con7 sult with Federal, State, and other stakeholders to 

8 develop, improve, and implement the tools and col9 lect the data identified pursuant to this subsection. 

10 ‘‘(4) MULTIMODAL FREIGHT MEASURE.—The 

11 Secretary shall evaluate the analyses and plans re12 quired under section 5401(e) (2) and (3) of this title 

13 and consider development of a national performance 

14 measure to assess the efficiency of the multimodal 

15 freight network in accordance with the National 

16 Freight Strategic Plan.’’. 

17 (f) CONFORMING AMENDMENTS.— 

18 (1) TABLE OF CHAPTERS.—The table of chap19 ters for such title is amended by inserting after the 

20 item related to chapter 53 the following: 

‘‘54. Freight ......................................................................................... 5401’’. 

21 (2) REPEALS.— 

22 (A) MAP–21.—Sections 1116, 1117, and 

23 1118 of MAP–21 (Public Law 112–141) are re24 pealed. 


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1 (B) TITLE 23.—Section 167 of title 23, 

2 United States Code, is repealed. 

3 (3) CROSS-REFERENCE.—Section 505(a)(3) of 

4 title 23, United States Code, is amended by striking 

5 ‘‘149, and 167’’ and inserting ‘‘and 149, and section 

6 5405 of title 49’’. 

7 SEC. 1102. REDESIGNATION OF THE NATIONAL NETWORK. 

8 (a) OPERATION OF COMMERCIAL VEHICLES ON THE

9 NATIONAL HIGHWAY SYSTEM AND THE NATIONAL

10 FREIGHT NETWORK.— 

11 (1) SECTION 31111 AMENDMENT.—Section 

12 31111 of title 49, United States Code, is amended— 

13 (A) in subsection (b)(1)(A) by striking 

14 ‘‘the Dwight D. Eisenhower System of Inter15 state and Defense Highways (except a segment 

16 exempted under subsection (f) of this section) 

17 and those classes of qualifying Federal-aid Pri18 mary System highways designated by the Sec19 retary of Transportation under subsection (e) of 

20 this section’’ and inserting ‘‘the National High21 way System and the National Freight Network 

22 (except a segment exempted under subsection 

23 (e) of this section)’’; 

24 (B) in subsection (c) by striking ‘‘the 

25 Dwight D. Eisenhower System of Interstate 


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1 and Defense Highways (except a segment ex2 empted under subsection (f) of this section) and 

3 those classes of qualifying Federal-aid Primary 

4 System highways designated by the Secretary of 

5 Transportation under subsection (e) of this sec6 tion’’ and inserting ‘‘the National Highway Sys7 tem and the National Freight Network (except 

8 a segment exempted under subsection (e) of 

9 this section)’’; 

10 (C) by striking subsection (e); 

11 (D) by redesignating subsections (f) and 

12 (g) as subsections (e) and (f), respectively; and 

13 (E) in subsection (e), as redesignated— 

14 (i) in paragraph (1) by striking ‘‘the 

15 Dwight D. Eisenhower System of Inter16 state and Defense Highways’’ and insert17 ing ‘‘the National Highway System or the 

18 National Freight Network’’; 

19 (ii) in paragraph (2) by striking ‘‘the 

20 Dwight D. Eisenhower System of Inter21 state and Defense Highways’’ and insert22 ing ‘‘the National Highway System or the 

23 National Freight Network’’; and 

24 (iii) in paragraph (4)(A) by striking 

25 ‘‘the Dwight D. Eisenhower System of 


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1 Interstate and Defense Highways’’ and in2 serting ‘‘the National Highway System or 

3 the National Freight Network’’. 

4 (2) SECTION 31112 AMENDMENT.—Section 

5 31112 of title 49, United States Code, is amended 

6 in subsection (b) by striking ‘‘by the Secretary of 

7 Transportation under section 31111(e) of this title’’ 

8 and inserting ‘‘in part 658 of title 23, Code of Fed9 eral Regulations’’. 

10 (3) SECTION 31113 AMENDMENT.—Section 

11 31113 of title 49, United States Code, is amended— 

12 (A) by amending subsection (a) to read as 

13 follows: 

14 ‘‘(a) GENERAL LIMITATIONS.—Except as provided in 

15 subsection (e) of this section, a State (except Hawaii) may 

16 not prescribe or enforce a regulation of commerce that im17 poses a vehicle width limitation of more or less than 102 

18 inches on a commercial motor vehicle operating on the Na19 tional Highway System or the National Freight Net20 work.’’; 

21 (B) in subsection (d) by striking ‘‘the 

22 Dwight D. Eisenhower System of Interstate 

23 and Defense Highways (except a segment ex24 empted under subsection (e) of this section) or 

25 other qualifying Federal-aid highway designated 


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1 by the Secretary’’ and inserting ‘‘the National 

2 Highway System or National Freight Net3 work’’; and 

4 (C) in subsection (e)— 

5 (i) in paragraph (1) by striking ‘‘the 

6 Dwight D. Eisenhower System of Inter7 state and Defense Highways’’ and insert8 ing ‘‘the National Highway System or Na9 tional Freight Network’’; 

10 (ii) in paragraph (2) by striking ‘‘the 

11 Dwight D. Eisenhower System of Inter12 state and Defense Highways’’ and insert13 ing ‘‘the National Highway System or Na14 tional Freight Network’’; and 

15 (iii) in paragraph (4)(A) by striking 

16 ‘‘the Dwight D. Eisenhower System of 

17 Interstate and Defense Highways’’ and in18 serting ‘‘the National Highway System or 

19 National Freight Network’’. 

20 (4) SECTION 31114 AMENDMENT.—Section 

21 31114 of title 49, United States Code, is amended— 

22 (A) in the section heading by striking 

23 ‘‘Interstate System’’ and inserting ‘‘National 

24 Highway System and National Freight Net25 work’’; and 


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1 (B) by amending subsection (a)(1) to read 

2 as follows: 

3 ‘‘(1) the National Highway System or the Na4 tional Freight Network; and’’. 

5 (b) DELAYED APPLICABILITY.—The Secretary shall 

6 not enforce the amendments made by this section until 

7 3 years after the effective date of this Act. 

8 Subtitle C—Planning 

9 SEC. 1201. TRANSPORTATION SYSTEM RESILIENCE ASSESS10 MENT. 

11 (a) SECTION 134 AMENDMENT.—Section 134 of title 

12 23, United States Code, is amended— 

13 (1) in subsection (b)— 

14 (A) by redesignating paragraphs (1), (2), 

15 (3), (4), (5), (6), and (7) as paragraphs (4), 

16 (5), (6), (7), (8), (10), and (11), respectively; 

17 (B) by inserting before paragraph (4), as 

18 redesignated, the following: 

19 ‘‘(1) ADAPTATION.—The term ‘adaptation’ 

20 means adjustment in natural or human systems in 

21 anticipation of or response to a changing environ22 ment in a way that effectively uses beneficial oppor23 tunities or moderates negative effects of extreme 

24 weather events or climate change. 


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1 ‘‘(2) CLIMATE CHANGE.—The term ‘climate 

2 change’ means any significant change in the meas3 ures of climate lasting for an extended period of 

4 time. This may include major changes in tempera5 ture, precipitation, or wind patterns, among others, 

6 that occur over several decades or longer. 

7 ‘‘(3) CRITICAL HIGHWAY AND TRANSIT AS8 SETS.—The term ‘critical highway and transit as9 sets’ means transportation facilities considered crit10 ical to support population centers, freight movement 

11 and economic activity, or evacuation, recovery or na12 tional security functions.’’; and 

13 (C) by inserting before paragraph (10), as 

14 redesignated, the following: 

15 ‘‘(9) RESILIENCE.—The term ‘resilience’ means 

16 the ability to anticipate, prepare for, and adapt to 

17 changing conditions and to withstand, respond to, 

18 and recover rapidly from disruptions, including ex19 treme weather events and climate change.’’; and 

20 (2) in subsection (i)(2)— 

21 (A) by redesignating subparagraphs (E), 

22 (F), (G), and (H), as subparagraphs (F), (G), 

23 (H), and (I), respectively; and 

24 (B) by inserting before subparagraph (F), 

25 as redesignated, the following: 


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1 ‘‘(E) ADAPTATION AND RESILIENCE.— 

2 ‘‘(i) IN GENERAL.—In order to pro3 tect the integrity and enhance the resil4 ience of the transportation system and to 

5 ensure the efficient use of Federal re6 sources, the long-range transportation plan 

7 shall include— 

8 ‘‘(I) an analysis of potential 

9 vulnerabilities and risks of critical 

10 highway and transit assets to the im11 pacts of current and future extreme 

12 weather and climate change effects; 

13 and 

14 ‘‘(II) an explanation of potential 

15 strategies for the adaptation of those 

16 critical assets. 

17 ‘‘(ii) CONSULTATION AND COORDINA18 TION.—The analysis shall be developed in 

19 consultation with Federal, State, local and 

20 Tribal agencies, as appropriate. The anal21 ysis and strategies shall take into consider22 ation the risk management analysis in the 

23 State’s asset management plan, developed 

24 pursuant to section 119 of this title, and 

25 the State’s evaluation of reasonable alterVerDate Sep 11 2014 01:21 Jul 18, 2015 Jkt 049200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 E:\BILLS\H3064.IH H3064

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1 natives to roads, highways, and bridges 

2 that repeatedly require repair and recon3 struction activities due to emergency 

4 events, carried out in accordance with sec5 tion 1315(b) of Public Law 112–141 (126 

6 Stat. 549).’’. 

7 (b) SECTION 135 AMENDMENT.—Section 135(f) of 

8 title 23, United States Code, is amended by adding at the 

9 end the following: 

10 ‘‘(10) ADAPTATION AND RESILIENCE.— 

11 ‘‘(A) IN GENERAL.—To protect the integ12 rity and enhance the resilience of the transpor13 tation system and to ensure the efficient use of 

14 Federal resources, the long-range transpor15 tation plan shall include— 

16 ‘‘(i) an analysis of potential 

17 vulnerabilities and risks of critical highway 

18 and transit assets to the impacts of cur19 rent and future extreme weather and cli20 mate change effects; and 

21 ‘‘(ii) an explanation of potential strat22 egies for the adaptation of those critical 

23 assets. 

24 ‘‘(B) CONSULTATION AND COORDINA25 TION.—The analysis shall be developed in conVerDate Sep 11 2014 01:21 Jul 18, 2015 Jkt 049200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\H3064.IH H3064

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1 sultation with Federal, State, local and Tribal 

2 agencies, as appropriate. The analysis and 

3 strategies shall take into consideration the risk 

4 management analysis in the State’s asset man5 agement plan, developed pursuant to section 

6 119 of this title, and the State’s evaluation of 

7 reasonable alternatives to roads, highways, and 

8 bridges that repeatedly require repair and re9 construction activities due to emergency events, 

10 carried out in accordance with section 1315(b) 

11 of Public Law 112–141 (126 Stat. 549).’’. 

12 (c) SECTION 5303 AMENDMENT.—Section 5303 of 

13 title 49, United States Code, is amended— 

14 (1) in subsection (b)— 

15 (A) by redesignating paragraphs (1), (2), 

16 (3), (4), (5), (6), and (7) as paragraphs (4), 

17 (5), (6), (7), (8), (10), and (11), respectively; 

18 (B) by inserting before paragraph (4), as 

19 redesignated, the following: 

20 ‘‘(1) ADAPTATION.—The term ‘adaptation’ 

21 means an adjustment in natural or human systems 

22 in anticipation of or response to a changing environ23 ment in a way that effectively uses beneficial oppor24 tunities or moderates negative effects of extreme 

25 weather events or climate change. 


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1 ‘‘(2) CLIMATE CHANGE.—The term ‘climate 

2 change’ means any significant change in the meas3 ures of climate lasting for an extended period of 

4 time. This may include major changes in tempera5 ture, precipitation, or wind patterns, among others, 

6 that occur over several decades or longer. 

7 ‘‘(3) CRITICAL HIGHWAY AND TRANSIT AS8 SETS.—The term ‘critical highway and transit as9 sets’ means transportation facilities considered crit10 ical to support population centers, freight movement 

11 and economic activity, or evacuation, recovery or na12 tional security functions.’’; and 

13 (C) by inserting before paragraph (10), as 

14 redesignated, the following: 

15 ‘‘(9) RESILIENCE.—The term ‘resilience’ means 

16 the ability to anticipate, prepare for, and adapt to 

17 changing conditions and to withstand, respond to, 

18 and recover rapidly from disruptions, including ex19 treme weather events and climate change.’’; and 

20 (2) in subsection (i)(2)— 

21 (A) by redesignating subparagraphs (E), 

22 (F), (G), and (H), as subparagraphs (F), (G), 

23 (H), and (I), respectively; and 

24 (B) by inserting before subparagraph (F), 

25 as redesignated, the following: 


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1 ‘‘(E) ADAPTATION AND RESILIENCE.— 

2 ‘‘(i) IN GENERAL.—To protect the in3 tegrity and enhance the resilience of the 

4 transportation system and to ensure the 

5 efficient use of Federal resources, the long6 range transportation plan shall include— 

7 ‘‘(I) an analysis of potential 

8 vulnerabilities and risks of critical 

9 highway and transit assets to the im10 pacts of current and future extreme 

11 weather and climate change effects; 

12 and 

13 ‘‘(II) an explanation of potential 

14 strategies for the adaptation of those 

15 critical assets. 

16 ‘‘(ii) CONSULTATION AND COORDINA17 TION.—The analysis shall be developed in 

18 consultation with Federal, State, local and 

19 Tribal agencies, as appropriate. The anal20 ysis and strategies shall take into consider21 ation the risk management analysis in the 

22 State’s asset management plan, developed 

23 pursuant to section 119 of this title, and 

24 the State’s evaluation of reasonable alter25 natives to roads, highways, and bridges 


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1 that repeatedly require repair and recon2 struction activities due to emergency 

3 events, carried out in accordance with sec4 tion 1315(b) of Public Law 112–141 (126 

5 Stat. 549).’’. 

6 (d) SECTION 5304 AMENDMENT.—Section 5304(f) of 

7 title 49, United States Code, is amended by adding at the 

8 end the following: 

9 ‘‘(10) ADAPTATION AND RESILIENCE.— 

10 ‘‘(A) IN GENERAL.—To protect the integ11 rity and enhance the resilience of the transpor12 tation system and ensure the efficient use of 

13 Federal resources, the long-range transpor14 tation plan shall include— 

15 ‘‘(i) an analysis of potential 

16 vulnerabilities and risks of critical highway 

17 and transit assets to the impacts of cur18 rent and future extreme weather and cli19 mate change effects; and 

20 ‘‘(ii) an explanation of potential strat21 egies for the adaptation of those critical 

22 assets. 

23 ‘‘(B) CONSULTATION AND COORDINA24 TION.—The analysis shall be developed in con25 sultation with Federal, State, local and Tribal 


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1 agencies, as appropriate. The analysis and 

2 strategies shall take into consideration the risk 

3 management analysis in the State’s asset man4 agement plan, developed pursuant to section 

5 119 of this title, and the State’s evaluation of 

6 reasonable alternatives to roads, highways, and 

7 bridges that repeatedly require repair and re8 construction activities due to emergency events, 

9 carried out in accordance with section 1315(b) 

10 of Public Law 112–141 (126 Stat. 549).’’. 

11 SEC. 1202. CONSOLIDATED AND HIGH PERFORMING MET12 ROPOLITAN PLANNING ORGANIZATIONS. 

13 (a) CONSOLIDATION OF METROPOLITAN PLANNING

14 ORGANIZATIONS.— 

15 (1) SECTION 134 AMENDMENT.—Section 

16 134(d)(6) of title 23, United States Code, is amend17 ed to read as follows: 

18 ‘‘(6) CONSOLIDATION OF METROPOLITAN PLAN19 NING ORGANIZATIONS WITHIN URBANIZED AREAS.— 

20 ‘‘(A) LIMITATION ON NEW METROPOLITAN

21 PLANNING ORGANIZATION DESIGNATIONS.—A 

22 metropolitan planning organization shall not be 

23 newly designated— 

24 ‘‘(i) within a metropolitan statistical 

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1 ganization already exists within the bound2 aries of the metropolitan statistical area; 

3 or 

4 ‘‘(ii) outside of a metropolitan statis5 tical area. 

6 ‘‘(B) MULTIPLE EXISTING METROPOLITAN

7 PLANNING ORGANIZATIONS.—If multiple exist8 ing metropolitan planning organizations are 

9 designated within a metropolitan statistical 

10 area— 

11 ‘‘(i) the metropolitan planning organi12 zations may— 

13 ‘‘(I) retain their designation as 

14 distinct metropolitan planning organi15 zations; or 

16 ‘‘(II) be consolidated by agree17 ment between the metropolitan plan18 ning organizations; 

19 ‘‘(ii) the Governor (or Governors) and 

20 the existing metropolitan planning organi21 zations shall— 

22 ‘‘(I) revisit a determination to re23 main unconsolidated every 10 years, 

24 beginning two years after the next de25 cennial census; and 


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1 ‘‘(II) provide justification to the 

2 Secretary of the continued necessity of 

3 the designation of multiple metropoli4 tan planning organizations in the 

5 area; and 

6 ‘‘(iii) where multiple metropolitan 

7 planning organizations exist within a single 

8 metropolitan statistical area, they shall co9 operate with one another to— 

10 ‘‘(I) develop a single transpor11 tation improvement plan and a single 

12 long-range plan for use by all metro13 politan planning organizations within 

14 the metropolitan statistical area when 

15 developing their individual plans; and 

16 ‘‘(II) establish a single set of per17 formance targets that address the per18 formance measures described in sec19 tion 150(c) for use in developing indi20 vidual performance targets in accord21 ance with section 134(h)(2).’’. 

22 (2) SECTION 5303 AMENDMENT.—Section 

23 5303(d)(6) of title 49, United States Code, is 

24 amended to read as follows: 


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1 ‘‘(6) CONSOLIDATION OF METROPOLITAN PLAN2 NING ORGANIZATIONS WITHIN URBANIZED AREAS.— 

3 ‘‘(A) LIMITATION ON NEW METROPOLITAN

4 PLANNING ORGANIZATION DESIGNATIONS.—A 

5 metropolitan planning organization shall not be 

6 newly designated— 

7 ‘‘(i) within a metropolitan statistical 

8 area if another metropolitan planning or9 ganization already exists within the bound10 aries of the metropolitan statistical area; 

11 or 

12 ‘‘(ii) outside of a metropolitan statis13 tical area. 

14 ‘‘(B) MULTIPLE EXISTING METROPOLITAN

15 PLANNING ORGANIZATIONS.—If multiple exist16 ing metropolitan planning organizations are 

17 designated within a metropolitan statistical 

18 area— 

19 ‘‘(i) the metropolitan planning organi20 zations may— 

21 ‘‘(I) retain their designation as 

22 distinct metropolitan planning organi23 zations; or 


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1 ‘‘(II) be consolidated by agree2 ment between the metropolitan plan3 ning organizations; 

4 ‘‘(ii) the Governor (or Governors) and 

5 the existing metropolitan planning organi6 zations shall— 

7 ‘‘(I) revisit a determination to re8 main unconsolidated every 10 years, 

9 beginning two years after the next de10 cennial census; and 

11 ‘‘(II) provide justification to the 

12 Secretary of the continued necessity of 

13 the designation of multiple metropoli14 tan planning organizations in the 

15 area; and 

16 ‘‘(iii) where multiple metropolitan 

17 planning organizations exist within a single 

18 metropolitan statistical area, they shall co19 operate with one another to— 

20 ‘‘(I) develop a single transpor21 tation improvement plan and a single 

22 long-range plan for use by all metro23 politan planning organizations within 

24 the metropolitan statistical area when 

25 developing their individual plans; and 


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1 ‘‘(II) establish a single set of per2 formance targets that address the per3 formance measures described in sec4 tion 150(c) of title 23, United States 

5 Code, for use in developing individual 

6 performance targets in accordance 

7 with subsection (h)(2) and sections 

8 5326(c) and 5329(d) of this title.’’. 

9 (3) DEFINITIONS.— 

10 (A) HIGHWAY DEFINITION.—Section 

11 134(b) of title 23, United States Code, as 

12 amended by section 1201(a) of this Act, is fur13 ther amended by— 

14 (i) redesignating paragraphs (3) 

15 through (11) as paragraphs (4) through 

16 (12); and 

17 (ii) inserting after paragraph (2) the 

18 following: 

19 ‘‘(3) CONSOLIDATED METROPOLITAN PLANNING

20 ORGANIZATION.—The term ‘consolidated metropoli21 tan planning organization’ means a sole metropoli22 tan planning organization that serves a metropolitan 

23 statistical area.’’. 

24 (B) TRANSIT DEFINITION.—Section 

25 5303(b) of title 49, United States Code, as 


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1 amended by section 1201(c) of this Act is fur2 ther amended by— 

3 (i) redesignating paragraphs (3) 

4 through (11) as paragraphs (4) through 

5 (12); and 

6 (ii) inserting after paragraph (2) the 

7 following: 

8 ‘‘(3) CONSOLIDATED METROPOLITAN PLANNING

9 ORGANIZATION.—The term ‘consolidated metropoli10 tan planning organization’ means a sole metropoli11 tan planning organization that serves a metropolitan 

12 statistical area.’’. 

13 (b) DESIGNATION OF HIGH PERFORMING METRO14 POLITAN PLANNING ORGANIZATIONS.— 

15 (1) SECTION 134 AMENDMENT.—Section 134 of 

16 title 23, United States Code, as amended by this 

17 Act, is further amended by adding at the end the 

18 following: 

19 ‘‘(r) HIGH PERFORMING METROPOLITAN PLANNING

20 ORGANIZATIONS.— 

21 ‘‘(1) IN GENERAL.—A metropolitan planning 

22 organization that represents an urbanized area with 

23 a population of over 200,000 individuals may re24 quest a high performing metropolitan planning orga25 nization designation from the Secretary. 


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1 ‘‘(2) CRITERIA.—In making a high performing 

2 metropolitan planning organization designation, the 

3 Secretary shall consider— 

4 ‘‘(A) the extent to which the metropolitan 

5 planning organization has an equitable and re6 gional approach to decisionmaking; 

7 ‘‘(B) the extent to which the metropolitan 

8 planning organization has incorporated its per9 formance targets established pursuant to sec10 tion 150 of this title and sections 5303(h)(2), 

11 5326(c) and 5329(d) of title 49 into its plan12 ning process; 

13 ‘‘(C) whether the metropolitan planning or14 ganization is a consolidated metropolitan plan15 ning organization; 

16 ‘‘(D) if the metropolitan planning organi17 zation is not a consolidated metropolitan plan18 ning organization, the extent to which the met19 ropolitan planning organization is coordinating 

20 with all other metropolitan planning organiza21 tions designated for the same metropolitan sta22 tistical area; 

23 ‘‘(E) the technical capacity of the metro24 politan planning organization; and 


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1 ‘‘(F) other criteria established by the Sec2 retary in guidance. 

3 ‘‘(3) REVIEW.—A designation under paragraph 

4 (1) shall stay in effect for 10 years from the date 

5 of designation.’’. 

6 (2) SECTION 5303 AMENDMENT.—Section 5303 

7 of title 49, United States Code, as amended by this 

8 Act, is further amended by adding at the end the 

9 following: 

10 ‘‘(r) HIGH PERFORMING METROPOLITAN PLANNING

11 ORGANIZATIONS.— 

12 ‘‘(1) IN GENERAL.—A metropolitan planning 

13 organization that represents an urbanized area with 

14 a population of over 200,000 individuals may re15 quest a high performing metropolitan planning orga16 nization designation from the Secretary. 

17 ‘‘(2) CRITERIA.—In making a high performing 

18 metropolitan planning organization designation, the 

19 Secretary shall consider— 

20 ‘‘(A) the extent to which the metropolitan 

21 planning organization has an equitable and re22 gional approach to decisionmaking; 

23 ‘‘(B) the extent to which the metropolitan 

24 planning organization has incorporated its per25 formance targets established pursuant to secVerDate Sep 11 2014 01:21 Jul 18, 2015 Jkt 049200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\H3064.IH H3064

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1 tion 150 of title 23, United States Code, sub2 section (h)(2), and sections 5326(c) and 

3 5329(d) of this title into its planning process; 

4 ‘‘(C) whether the metropolitan planning or5 ganization is a consolidated metropolitan orga6 nization; 

7 ‘‘(D) if the metropolitan planning organi8 zation is not a consolidated metropolitan plan9 ning organization, the extent to which the met10 ropolitan planning organization is coordinating 

11 with all other metropolitan planning organiza12 tions designated for the same metropolitan sta13 tistical area; 

14 ‘‘(E) the technical capacity of the metro15 politan planning organization; and 

16 ‘‘(F) other criteria established by the Sec17 retary in guidance. 

18 ‘‘(3) REVIEW.—A designation under paragraph 

19 (1) shall stay in effect for 10 years from the date 

20 of designation.’’. 

21 (c) SURFACE TRANSPORTATION INCENTIVE

22 FUNDS.—Section 133(d)(1) of title 23, United States 

23 Code, is amended to read as follows: 


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1 ‘‘(1) CALCULATION.—The funds apportioned to 

2 a State under section 104(b)(2) shall be obligated as 

3 follows: 

4 ‘‘(A) SUBALLOCATED FUNDS.—50 percent 

5 of the funds for a fiscal year shall be obligated 

6 under this section, in proportion to their rel7 ative shares of the population of the State— 

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

9 with an urbanized area population over 

10 200,000; 

11 ‘‘(ii) in urban areas of the State with 

12 a population of 5,000 to 200,000; and 

13 ‘‘(iii) in areas of the State with a pop14 ulation of fewer than 5,000. 

15 ‘‘(B) STATEWIDE FUNDS.—25 percent of 

16 the funds for a fiscal year may be obligated in 

17 any area of the State. 

18 ‘‘(C) HIGH PERFORMING METROPOLITAN

19 PLANNING ORGANIZATIONS.— 

20 ‘‘(i) IN GENERAL.—25 percent of the 

21 funds for a fiscal year shall be obligated 

22 under this section in urbanized areas 

23 under subparagraph (A)(i) that are served 

24 by high performing metropolitan planning 

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1 retary under section 134(r) or section 

2 5303(r) of title 49, United States Code). 

3 Any funds remaining under this clause 

4 shall be obligated in any area of the State 

5 under subparagraph (B). 

6 ‘‘(ii) AMOUNT.—The amount to be ob7 ligated under clause (i) in an urbanized 

8 area served by a high performing metro9 politan planning organization shall equal 

10 50 percent of the amount to be obligated 

11 in that urbanized area under paragraph 

12 (4) and is in addition to the amount under 

13 such paragraph.’’. 

14 (d) TRANSPORTATION ALTERNATIVES INCENTIVE

15 FUNDS.—Section 213(c)(1) of such title is amended to 

16 read as follows: 

17 ‘‘(1) CALCULATION.—The funds reserved to a 

18 State shall be obligated as follows: 

19 ‘‘(A) SUBALLOCATED FUNDS.—50 percent 

20 of the funds for a fiscal year shall be obligated 

21 under this section to any eligible entity in pro22 portion to its relative share of the population of 

23 the State— 


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

2 with an urbanized area population over 

3 200,000; 

4 ‘‘(ii) in urban areas of the State with 

5 a population of 5,000 to 200,000; and 

6 ‘‘(iii) in areas of the State with a pop7 ulation of fewer than 5,000. 

8 ‘‘(B) STATEWIDE FUNDS.—25 percent of 

9 the funds for a fiscal year may be obligated in 

10 any area of the State. 

11 ‘‘(C) HIGH PERFORMING METROPOLITAN

12 PLANNING ORGANIZATIONS.— 

13 ‘‘(i) IN GENERAL.—25 percent of the 

14 funds for a fiscal year shall be obligated 

15 under this section in urbanized areas 

16 under subparagraph (A)(i) that are served 

17 by high performing metropolitan planning 

18 organizations (as designated by the Sec19 retary under section 134(r) or section 

20 5303(r) of title 49, United States Code). 

21 Any funds remaining under this clause 

22 shall be obligated in any area of the State 

23 under subparagraph (B). 

24 ‘‘(ii) AMOUNT.—The amount to be ob25 ligated under clause (i) in an urbanized 


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1 area served by a high performing metro2 politan planning organization shall equal 

3 50 percent of the amount to be obligated 

4 in that urbanized area under paragraph 

5 (3) and is in addition to the amount under 

6 such paragraph.’’. 

7 (e) OBLIGATION AUTHORITY.—Section 133(f) of 

8 such title is amended— 

9 (1) in paragraph (1), by— 

10 (A) striking ‘‘A State’’ and inserting ‘‘Ex11 cept as provided in paragraph (2), a State’’; 

12 and 

13 (B) striking ‘‘fiscal years 2011 through 

14 2014’’ and inserting ‘‘fiscal years 2016 through 

15 2018 and the period of fiscal years 2019 

16 through 2021’’; 

17 (2) by redesignating paragraph (2) as para18 graph (3) and inserting after paragraph (1) the fol19 lowing: 

20 ‘‘(2) HIGH PERFORMING METROPOLITAN PLAN21 NING ORGANIZATIONS.— 

22 ‘‘(A) IN GENERAL.—A State that is re23 quired to obligate in an urbanized area under 

24 subsections (d)(1)(A)(i) and (d)(1)(C)(i) shall 

25 make available to such urbanized area on an 


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1 annual basis an amount of obligation authority 

2 distributed to the State for Federal-aid high3 ways and highway safety construction programs 

4 for use in the area that is equal to the amount 

5 obtained by multiplying— 

6 ‘‘(i) the amount of funds that the 

7 State is required to obligate in the area 

8 under such subsections; and 

9 ‘‘(ii) the ratio specified in paragraph 

10 (1)(B). 

11 ‘‘(B) AVAILABILITY.—The obligation au12 thority that a State makes available to an ur13 banized area under subparagraph (A) shall re14 main available for a period of four fiscal 

15 years.’’; and 

16 (3) in paragraph (3), as redesignated, by strik17 ing ‘‘paragraph (1)’’ and inserting ‘‘paragraphs (1) 

18 and (2)’’. 

19 (f) DISTRIBUTION OF METROPOLITAN PLANNING

20 FUNDS.—Section 104(d)(2)(A) of such title is amended— 

21 (1) in clause (i), by striking ‘‘; and’’ and insert22 ing ‘‘;’’; 

23 (2) by redesignating clause (ii) as clause (iii); 

24 and 

25 (3) by inserting after clause (i) the following: 


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1 ‘‘(ii) prioritizes the needs of high per2 forming metropolitan planning organiza3 tions (as designated by the Secretary 

4 under section 134(r) or section 5303(r) of 

5 title 49, United States Code); and’’. 

6 (g) TECHNICAL CORRECTION.—Subsection 133(h)(1) 

7 of such title is amended by striking ‘‘for each of fiscal 

8 years 2013 through 2014’’ and inserting ‘‘each fiscal 

9 year’’. 

10 SEC. 1203. PARTICIPATION OF PUBLIC PORT AUTHORITIES. 

11 (a) SECTION 134 AMENDMENT.—Section 

12 134(i)(6)(A) of title 23, United States Code, is amended 

13 by inserting ‘‘public ports,’’ before ‘‘freight shippers’’. 

14 (b) SECTION 135 AMENDMENT.—Section 135(g)(3) 

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

16 ‘‘public ports,’’ before ‘‘freight shippers’’. 

17 (c) SECTION 5303 AMENDMENT.—Section 

18 5303(i)(6)(A) of title 49, United States Code, is amended 

19 by inserting ‘‘public ports,’’ before ‘‘freight shippers’’. 

20 (d) SECTION 5304 AMENDMENT.—Section 

21 5304(g)(3) of title 49, United States Code, is amended 

22 by inserting ‘‘public ports,’’ before ‘‘freight shippers’’. 


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1 SEC. 1204. STRENGTHENING THE STATEWIDE AND NON2 METROPOLITAN PLANNING PROCESS. 

3 (a) SECTION 135 AMENDMENT.—Section 135 of title 

4 23, United States Code, is amended— 

5 (1) in subsection (f)(5) by striking ‘‘may’’ and 

6 inserting ‘‘shall’’; 

7 (2) in subsection (f)(7)— 

8 (A) by striking ‘‘should’’ and inserting 

9 ‘‘shall’’; and 

10 (B) by striking the final ‘‘;’’ and inserting 

11 ‘‘.’’; 

12 (3) in subsection (g)(5)(F)(i) by striking ‘‘may’’ 

13 and inserting ‘‘shall’’; and 

14 (4) by striking subsection (g)(8) and inserting 

15 the following: 

16 ‘‘(8) CERTIFICATION PROCESS.— 

17 ‘‘(A) IN GENERAL.—At least once every 4 

18 years the Secretary shall certify that each State 

19 has met the requirements of— 

20 ‘‘(i) this section; and 

21 ‘‘(ii) other Federal laws, regulations, 

22 and orders applicable to the statewide and 

23 nonmetropolitan and the metropolitan 

24 planning processes. 

25 ‘‘(B) FAILURE TO MEET CERTIFICATION.— 

26 If a State does not meet such certification, the 


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1 Secretary may withhold up to 20 percent of the 

2 funds attributable to such State for projects 

3 funded under this title and chapter 53 of title 

4 49. 

5 ‘‘(C) RESTORATION OF FUNDS.—The with6 held funds shall be restored to the State at such 

7 time as the State process is certified by the 

8 Secretary. 

9 ‘‘(D) PUBLIC INVOLVEMENT.—In making 

10 the certification determinations under this para11 graph, the Secretary shall provide for public in12 volvement appropriate to the State under re13 view.’’. 

14 (b) SECTION 5304 AMENDMENT.—Section 5304 of 

15 title 49, United States Code, is amended— 

16 (1) in subsection (f)(5) by striking ‘‘may’’ and 

17 inserting ‘‘shall’’; 

18 (2) in subsection (f)(7) by striking ‘‘should’’ 

19 and inserting ‘‘shall’’; 

20 (3) in subsection (g)(5)(F)(i) by striking ‘‘may’’ 

21 and inserting ‘‘shall’’; and 

22 (4) by striking subsection (g)(8) and inserting 

23 the following: 

24 ‘‘(8) CERTIFICATION PROCESS.— 


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1 ‘‘(A) IN GENERAL.—At least once every 4 

2 years the Secretary shall certify that each State 

3 has met the requirements of— 

4 ‘‘(i) this section; and 

5 ‘‘(ii) other Federal laws, regulations, 

6 and orders applicable to the statewide and 

7 nonmetropolitan and the metropolitan 

8 planning processes. 

9 ‘‘(B) FAILURE TO MEET CERTIFICATION.— 

10 If a State does not meet such certification, the 

11 Secretary may withhold up to 20 percent of the 

12 funds attributable to such State for projects 

13 funded under this title and chapter 53 of title 

14 49. 

15 ‘‘(C) RESTORATION OF FUNDS.—The with16 held funds shall be restored to the State at such 

17 time as the State process is certified by the 

18 Secretary. 

19 ‘‘(D) PUBLIC INVOLVEMENT.—In making 

20 the certification determinations under this para21 graph, the Secretary shall provide for public in22 volvement appropriate to the State under re23 view.’’. 


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1 SEC. 1205. REMOVAL OF THE CONGESTION MANAGEMENT 

2 PROCESS. 

3 (a) SECTION 134 AMENDMENT.—Section 134 of title 

4 23, United States Code, is amended— 

5 (1) by striking subsection (k)(3) and redesig6 nating subsections (k)(4) and (k)(5) as subsections 

7 (k)(3) and (k)(4), respectively; and 

8 (2) by striking subsection (n) and redesignating 

9 subsections (o) through (q) as subsections (n) 

10 through (p), respectively. 

11 (b) SECTION 135 AMENDMENT.—Section 135 of title 

12 23, United States Code, is amended by striking subsection 

13 (j) and redesignating subsections (k) through (m) as sub14 sections (j) through (l), respectively. 

15 (c) SECTION 5303 AMENDMENT.—Section 5303 of 

16 title 49, United States Code, is amended— 

17 (1) by striking subsection (k)(3) and redesig18 nating subsections (k)(4) and (k)(5) as subsections 

19 (k)(3) and (k)(4), respectively; and 

20 (2) by striking subsection (n) and redesignating 

21 subsections (o) through (q) as subsections (n) 

22 through (p), respectively. 

23 (d) SECTION 5304 AMENDMENT.—Section 5304 of 

24 title 49, United States Code, is amended by striking sub25 section (i) and redesignating subsections (j) through (l) 

26 as subsections (i) through (k), respectively. 


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1 SEC. 1206. PUBLIC INVOLVEMENT IN PLAN DEVELOPMENT. 

2 (a) SECTION 134 AMENDMENT.—Section 134(i) of 

3 title 23, United States Code, is amended— 

4 (1) in paragraph (4), by inserting after sub5 paragraph (C) the following: 

6 ‘‘(D) PUBLIC INVOLVEMENT.—Metropoli7 tan planning organizations shall offer interested 

8 parties, such as those described in paragraph 

9 (6), a reasonable opportunity to participate in 

10 the development and consideration of sce11 narios.’’; and 

12 (2) in paragraph (6), by striking ‘‘comment on 

13 the transportation plan’’ and inserting ‘‘provide 

14 input during the development and implementation of 

15 the transportation plan’’. 

16 (b) SECTION 135 AMENDMENT.—Section 

17 135(f)(3)(A)(ii) of title 23, United States Code, is amend18 ed by striking ‘‘comment on the transportation plan’’ and 

19 inserting ‘‘provide input during the development of the 

20 transportation plan’’. 

21 (c) SECTION 5303 AMENDMENT.—Section 5303(i) of 

22 title 49, United States Code, is amended— 

23 (1) in paragraph (4), by inserting after sub24 paragraph (C) the following: 

25 ‘‘(D) PUBLIC INVOLVEMENT.—Metropoli26 tan planning organizations shall offer interested 


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1 parties, such as those described in paragraph 

2 (6), a reasonable opportunity to participate in 

3 the development and consideration of sce4 narios.’’; and 

5 (2) in paragraph (6), by striking ‘‘comment on 

6 the transportation plan’’ and inserting ‘‘provide 

7 input during the development and implementation of 

8 the transportation plan’’. 

9 (d) SECTION 5304 AMENDMENT.—Section 

10 5304(f)(3)(A)(ii) of title 49, United States Code, is 

11 amended by striking ‘‘comment on the proposed plan’’ and 

12 inserting ‘‘provide input during the development of the 

13 transportation plan’’. 

14 SEC. 1207. CONNECTION TO OPPORTUNITIES NATIONAL 

15 GOAL AND POTENTIAL PERFORMANCE MEAS16 URE. 

17 (a) TRANSPORTATION CONNECTIONS TO OPPORTUNI18 TIES.—Section 150(b) of title 23, United States Code, is 

19 amended— 

20 (1) in paragraph (2), by striking ‘‘highway in21 frastructure asset system’’ and inserting ‘‘infrastruc22 ture asset system under title 23’’; and 

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

24 ‘‘(8) MULTIMODAL CONNECTIVITY.—To achieve 

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1 nects people to jobs, schools, and other essential 

2 services through a multimodal network.’’. 

3 (b) ESTABLISHMENT OF PERFORMANCE MEAS4 URES.—Section 150(c) of title 23, United States Code, is 

5 amended— 

6 (1) in paragraph (1), by inserting ‘‘as listed in 

7 paragraphs (3), (4), (5) and (6)’’ before the period 

8 at the end; and 

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

10 ‘‘(7) MULTIMODAL FREIGHT.—The Secretary 

11 may, in accordance with the National Freight Stra12 tegic Plan, establish Performance Measures to as13 sess the efficiency of the multimodal freight network. 

14 ‘‘(8) TRANSPORTATION CONNECTIVITY.—The 

15 Secretary may, in accordance with the framework es16 tablished in section 134 of this title (Measuring 

17 Transportation Connections to Opportunity), estab18 lish a Performance Measure to be used by MPOs to 

19 assess the degree to which the transportation system 

20 provides multimodal connections to economic oppor21 tunities, particularly for disadvantaged popu22 lations.’’. 

23 SEC. 1208. WORKFORCE DEVELOPMENT. 

24 Section 140(b) of title 23, United States Code, is 

25 amended to read as follows: 


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1 ‘‘(b) WORKFORCE TRAINING AND DEVELOPMENT.— 

2 ‘‘(1) IN GENERAL.—The Secretary, in coopera3 tion with the Secretary of Labor and any other de4 partment or agency of the Government, State agen5 cy, authority, association, institution, Indian tribal 

6 government, corporation (profit or nonprofit), or any 

7 other organization or person, is authorized to de8 velop, conduct, and administer surface transpor9 tation and technology training, including skill im10 provement programs, and to develop and fund sum11 mer transportation institutes. 

12 ‘‘(2) STATE DOT RESPONSIBILITIES.—A State 

13 department of transportation participating in the 

14 program shall— 

15 ‘‘(A) develop a workforce plan that identi16 fies immediate and anticipated workforce gaps 

17 and underrepresentation of women and minori18 ties, and a detailed plan to fill gaps and address 

19 such underrepresentation; 

20 ‘‘(B) establish a ‘workforce development 

21 compact’ with the State workforce development 

22 board and appropriate agencies to provide a co23 ordinated approach to workforce training, job 

24 placement, and identification of training and 

25 skill development program needs, which shall be 


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1 coordinated to the extent practical with an in2 stitution or agency, such as a State workforce 

3 development board under 29 U.S.C. 3111, that 

4 has established skills training, recruitment, and 

5 placement resources; and 

6 ‘‘(C) demonstrate program outcomes, in7 cluding— 

8 ‘‘(i) impact on areas with transpor9 tation workforce shortages; 

10 ‘‘(ii) diversity of training participants; 

11 ‘‘(iii) number and percentage of par12 ticipants obtaining certifications or creden13 tials required for specific types of employ14 ment; 

15 ‘‘(iv) employment outcome, including 

16 job placement and job retention rates and 

17 earnings, using performance metrics estab18 lished in consultation with the Secretary of 

19 Labor and consistent with metrics used by 

20 programs under the Workforce Innovation 

21 and Opportunity Act (29 U.S.C. 3101 et 

22 seq.); and 

23 ‘‘(v) to the extent practical, evidence 

24 that the program did not preclude workers 

25 that participate in training or registered 


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1 apprenticeship activities under the pro2 gram from being referred to, or hired on, 

3 projects funded under this chapter. 

4 ‘‘(3) FUNDING.—Funds authorized for the pro5 gram under paragraph (1) of this subsection shall 

6 remain available until expended. 

7 ‘‘(4) NONAPPLICABILITY OF TITLE 41.—The 

8 provisions of section 6101 (b) through (d) of title 41 

9 shall not be applicable to contracts and agreements 

10 made under the authority granted under this sub11 section to the Secretary. 

12 ‘‘(5) USE OF SURFACE TRANSPORTATION AND

13 NATIONAL HIGHWAY PERFORMANCE PROGRAM

14 FUNDS.—Notwithstanding any other provision of 

law, not to exceed 1 15 ⁄2 of 1 percent of funds appor16 tioned to a State under section 104(b) (1) or (2) 

17 may be available to carry out this subsection upon 

18 request of the State transportation department to 

19 the Secretary. 

20 ‘‘(6) JOB-DRIVEN SKILLS TRAINING INCEN21 TIVE.— 

22 ‘‘(A) IN GENERAL.—In a fiscal year, the 

23 Secretary shall provide incentive funding to 

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1 ing, and work-based learning, including appren2 ticeship programs that are registered under the 

3 National Apprenticeship Act (29 U.S.C. 50 et 

4 seq.) leading to credential attainment, employ5 ment, and career pathways for disadvantaged 

6 populations. 

7 ‘‘(B) ELIGIBILITY.— 

8 ‘‘(i) LEVERAGING EXISTING FUNDS.— 

9 If a State agrees to obligate in a fiscal 

10 year funds apportioned to the State under 

11 section 104(b) (1) or (2) for the purposes 

12 authorized in paragraph (1), the Secretary 

13 may provide up to twice the amount the 

14 State has agreed to obligate for such pur15 poses. 

16 ‘‘(ii) DEMONSTRATING SUCCESS IN

17 SKILLS TRAINING, RECRUITMENT, AND JOB

18 PLACEMENT.—The Secretary may provide 

19 incentive funding to up to 20 States that 

20 demonstrate that their program under 

21 paragraph (2)— 

22 ‘‘(I) operates in partnership with 

23 an institution or agency, such as a 

24 State workforce development board 

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1 lished skills training, recruitment, and 

2 placement resources; 

3 ‘‘(II) successfully places individ4 uals in permanent jobs, as measured 

5 by a job placement, retention, and 

6 earnings metrics established by the 

7 Secretary; and 

8 ‘‘(III) establishes recruitment 

9 strategies that result in positive em10 ployment outcomes for minorities, 

11 women, and disadvantaged individ12 uals. 

13 ‘‘(C) GRANTS.— 

14 ‘‘(i) IN GENERAL.—A State may pro15 vide incentive funds received under this 

16 paragraph to an institution or agency, 

17 such as a State workforce development 

18 board under 29 U.S.C. 3111, that has es19 tablished skills training, recruitment, and 

20 placement resources for use consistent with 

21 subparagraph (A). 

22 ‘‘(ii) COMPLIANCE.—A State that pro23 vides funds to an entity under clause (i) 

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1 cipients of such funds comply with the re2 quirements of this subsection. 

3 ‘‘(D) FEDERAL SHARE.—The Federal 

4 share for incentive funding under this para5 graph may be up to 100 percent.’’. 

6 SEC. 1209. MEASURING TRANSPORTATION CONNECTIVITY 

7 PILOT ACTIVITIES. 

8 (a) TITLE 23.—Section 134 of title 23, United States 

9 Code, as amended by this Act, is further amended by in10 serting after subsection (p), as redesignated, the following: 

11 ‘‘(q) MEASURING TRANSPORTATION CONNECTIONS

12 TO OPPORTUNITY.— 

13 ‘‘(1) CONNECTION TO OPPORTUNITY PILOT

14 PROGRAM.— 

15 ‘‘(A) ESTABLISHMENT.—The Secretary 

16 shall establish a pilot program in which up to 

17 ten metropolitan planning organizations shall 

18 develop and deploy one or more pilot measures 

19 and targets to improve multimodal connectivity 

20 and increase connections for disadvantaged 

21 Americans and neighborhoods with limited 

22 transportation options. 

23 ‘‘(B) PILOT LOCATIONS.—The Secretary 

24 shall select up to ten metropolitan planning or25 ganizations in up to ten locations, each of which 


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1 is the sole metropolitan planning organization 

2 serving an urbanized area of more than 1 mil3 lion residents, which shall include— 

4 ‘‘(i) metropolitan planning organiza5 tions that can demonstrate previous suc6 cessful use of performance measurements 

7 and performance-based planning efforts, 

8 which the Secretary shall designate as 

9 mentor grantees; and 

10 ‘‘(ii) metropolitan planning organiza11 tions that have limited or no successful 

12 previous experience in performance meas13 urements and performance-based planning 

14 efforts, which the Secretary shall designate 

15 as novice grantees. 

16 ‘‘(C) PILOT PROGRAM ACTIVITIES.— 

17 ‘‘(i) TRANSPORTATION CONNECTIVITY

18 INVENTORY.—Within 6 months of selection 

19 as a pilot location, and in consultation with 

20 appropriate States, transit agencies, and 

21 local governments, metropolitan planning 

22 organizations in pilot locations shall de23 velop an inventory of transportation assets 

24 within the urbanized planning area they 

25 represent, which will describe— 


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1 ‘‘(I) the condition of key high2 way, transit, bicycle, and pedestrian 

3 facilities; 

4 ‘‘(II) the degree to which these 

5 facilities provide residents with con6 nections to economic opportunities, in7 cluding but not restricted to job cen8 ters and schools; 

9 ‘‘(III) the identity and location of 

10 disadvantaged populations within the 

11 planning area; and 

12 ‘‘(IV) local challenges to 

13 multimodal connectivity, such as zon14 ing or land use issues, availability of 

15 affordable housing, and physical bar16 riers that obstruct access from resi17 dential areas to economic opportuni18 ties. 

19 ‘‘(ii) PERFORMANCE INDICATORS.— 

20 Within one year of selection, metropolitan 

21 planning organizations in pilot locations 

22 shall apply the baseline data developed in 

23 the Transportation Connectivity Inventory 

24 to adopt one or more provisional indicators 

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1 provements in the transportation system, 

2 including measurements of multimodal 

3 connectivity improvements available to pop4 ulations identified in clause (i)(III), and 

5 appropriate to local assets and needs. 

6 ‘‘(iii) DATA COLLECTION AND RE7 PORTING.—Metropolitan planning organi8 zations in pilot locations shall collect and 

9 report baseline and annual performance 

10 data on multimodal transportation 

11 connectivity to opportunity, and shall re12 port that data to the Secretary for the du13 ration of the pilot project. 

14 ‘‘(iv) KNOWLEDGE-SHARING.—Metro15 politan planning organizations designated 

16 as mentor grantees shall engage in knowl17 edge-sharing activities with novice grantees 

18 to the extent feasible, which may include 

19 peer exchanges and technical assistance, as 

20 appropriate to their existing level of per21 formance measurement capacity. 

22 ‘‘(v) PROJECT IMPLEMENTATION.— 

23 Notwithstanding section 120 of this title, a 

24 metropolitan planning organization may 

25 use funds remaining after the completion 


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1 of the Transportation Connectivity Inven2 tory, provisional measure, and related 

3 tracking activities for the non-Federal 

4 share to implement projects within the 

5 metropolitan planning area that are rea6 sonably anticipated to address system gaps 

7 and improve performance according to the 

8 locally adopted provisional multimodal 

9 transportation connectivity measures. 

10 ‘‘(2) NATIONAL PERFORMANCE MEASURE DE11 VELOPMENT ACTIVITIES.—The Secretary shall re12 serve up to a cumulative maximum of $9,000,000 of 

13 the amount authorized for this subsection over the 

14 period of fiscal years 2016 through 2021 for use on 

15 evaluation of multimodal connectivity measures de16 veloped by metropolitan planning organizations in 

17 pilot locations, and to consider development of a na18 tional indicator to measure the multimodal connec19 tions to opportunities provided by the transportation 

20 network, including the following activities: 

21 ‘‘(A) NATIONAL TECHNICAL ASSISTANCE

22 AND PEER EXCHANGE FORUMS.—The Secretary 

23 shall support the measure development and 

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1 sistance and peer exchanges, and through work2 shops with States, transit agencies, and MPOs 

3 to discuss Pilot Program findings, and shall es4 tablish an online collaboration center for local 

5 jurisdictions to share ideas and challenges, and 

6 document lessons learned. 

7 ‘‘(B) CONNECTION TO OPPORTUNITY

8 FINAL REPORT.—At the end of the Connection 

9 to Opportunity Pilot Program, the Department 

10 shall produce in consultation with the Secretary 

11 of the Department of Housing and Urban De12 velopment, the Secretary of the Department of 

13 Commerce and the Administrator of the Envi14 ronmental Protection Agency, and seek public 

15 comment on a final report that documents the 

16 outcomes of the Connection to Opportunity 

17 Pilot Program. The report shall provide rec18 ommendations on the establishment of one or 

19 more national multimodal connectivity meas20 ures, and shall include— 

21 ‘‘(i) results of the pilot locations’ ef22 forts to measure and improve multimodal 

23 connectivity; 

24 ‘‘(ii) the Secretary’s recommendations 

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1 ures and integrating them into the Federal 

2 transportation performance management 

3 framework, in accordance with section 150 

4 of this title; and 

5 ‘‘(iii) an assessment of social out6 comes and impact that may result from the 

7 pilot measures as well as estimated savings 

8 to Federal, State and local social service 

9 subsidy programs, as well as other costs 

10 avoided and new tax revenues attributable 

11 to increased connectivity. 

12 ‘‘(C) POTENTIAL RULEMAKING.—Fol13 lowing publication of the Connection to Oppor14 tunity Final Report, the Secretary, in consulta15 tion with State Departments of Transportation, 

16 metropolitan planning organizations, and other 

17 stakeholders, may promulgate a rulemaking 

18 that establishes performance measures and 

19 standards as described in section 150(c)(8).’’. 

20 (b) CHAPTER 53.—Section 5303 of title 49, United 

21 States Code, as amended by this Act, is further amended 

22 by inserting after subsection (p), as redesignated, the fol23 lowing: 

24 ‘‘(q) MEASURING TRANSPORTATION CONNECTIONS

25 TO OPPORTUNITY.— 


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1 ‘‘(1) CONNECTION TO OPPORTUNITY PILOT

2 PROGRAM.— 

3 ‘‘(A) ESTABLISHMENT.—The Secretary 

4 shall establish a pilot program in which up to 

5 ten metropolitan planning organizations shall 

6 develop and deploy one or more pilot measures 

7 and targets to improve multimodal connectivity 

8 and increase connections for disadvantaged 

9 Americans and neighborhoods with limited 

10 transportation options. 

11 ‘‘(B) PILOT LOCATIONS.—The Secretary 

12 shall select up to ten metropolitan planning or13 ganizations, each of which is the sole metropoli14 tan planning organization serving an urbanized 

15 area of more than 1 million residents, which 

16 shall include— 

17 ‘‘(i) metropolitan planning organiza18 tions that can demonstrate previous suc19 cessful use of performance measurements 

20 and performance-based planning efforts, 

21 which the Secretary shall designate as 

22 mentor grantees; and 

23 ‘‘(ii) metropolitan planning organiza24 tions that have limited or no successful 

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1 urements and performance-based planning 

2 efforts, which the Secretary shall designate 

3 as novice grantees. 

4 ‘‘(C) PILOT PROGRAM ACTIVITIES.— 

5 ‘‘(i) TRANSPORTATION CONNECTIVITY

6 INVENTORY.—Within 6 months of selection 

7 as a pilot location, and in consultation with 

8 appropriate States, transit agencies, and 

9 local governments, metropolitan planning 

10 organizations in pilot locations shall de11 velop an inventory of transportation assets 

12 within the urbanized planning area they 

13 represent, which will describe— 

14 ‘‘(I) the condition of key high15 way, transit, bicycle, and pedestrian 

16 facilities; 

17 ‘‘(II) the degree to which these 

18 facilities provide residents with con19 nections to economic opportunities, in20 cluding but not restricted to job cen21 ters and schools; 

22 ‘‘(III) the identity and location of 

23 disadvantaged populations within the 

24 planning area; and 


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1 ‘‘(IV) local challenges to 

2 multimodal connectivity, such as zon3 ing or land use issues, availability of 

4 affordable housing, and physical bar5 riers that obstruct access from resi6 dential areas to economic opportuni7 ties. 

8 ‘‘(ii) PERFORMANCE INDICATORS.— 

9 Within one year of selection, metropolitan 

10 planning organizations in pilot locations 

11 shall apply the baseline data developed in 

12 the Transportation Connectivity Inventory 

13 to adopt one or more provisional indicators 

14 to measure multimodal connectivity im15 provements in the transportation system, 

16 including measurements of multimodal 

17 connectivity improvements available to pop18 ulations identified in clause (i)(III), and 

19 appropriate to local assets and needs. 

20 ‘‘(iii) DATA COLLECTION AND RE21 PORTING.—Metropolitan planning organi22 zations in pilot locations shall collect and 

23 report baseline and annual performance 

24 data on multimodal transportation 

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1 port that data to the Secretary for the du2 ration of the pilot project. 

3 ‘‘(iv) KNOWLEDGE-SHARING.—Metro4 politan planning organizations designated 

5 as mentor grantees shall engage in knowl6 edge-sharing activities with novice grantees 

7 to the extent feasible, which may include 

8 peer exchanges and technical assistance, as 

9 appropriate to their existing level of per10 formance measurement capacity. 

11 ‘‘(v) PROJECT IMPLEMENTATION.— 

12 Notwithstanding section 120 of this title, a 

13 metropolitan planning organization may 

14 use funds remaining after the completion 

15 of the Transportation Connectivity Inven16 tory, provisional measure, and related 

17 tracking activities for the non-Federal 

18 share to implement projects within the 

19 metropolitan planning area that are rea20 sonably anticipated to address system gaps 

21 and improve performance according to the 

22 locally adopted provisional multimodal 

23 transportation connectivity measures. 

24 ‘‘(2) NATIONAL PERFORMANCE MEASURE DE25 VELOPMENT ACTIVITIES.—The Secretary shall reVerDate Sep 11 2014 01:21 Jul 18, 2015 Jkt 049200 PO 00000 Frm 00120 Fmt 6652 Sfmt 6201 E:\BILLS\H3064.IH H3064

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1 serve up to a cumulative $9,000,000 of the amount 

2 authorized for this subsection over the period of fis3 cal years 2016 through 2021 for use on evaluation 

4 of multimodal connectivity measures developed by 

5 metropolitan planning organizations in pilot loca6 tions, and to consider development of a national in7 dicator to measure the multimodal connections to 

8 opportunities provided by the transportation net9 work, including the following activities: 

10 ‘‘(A) NATIONAL TECHNICAL ASSISTANCE

11 AND PEER EXCHANGE FORUMS.—The Secretary 

12 shall support the measure development and 

13 data collection of metropolitan planning organi14 zations in pilot locations through technical as15 sistance and peer exchanges, and through work16 shops with States, transit agencies, and MPOs 

17 to discuss Pilot Program findings, and shall es18 tablish an online collaboration center for local 

19 jurisdictions to share ideas and challenges, and 

20 document lessons learned. 

21 ‘‘(B) CONNECTION TO OPPORTUNITY

22 FINAL REPORT.—At the end of the Connection 

23 to Opportunity Pilot Program, the Department 

24 shall produce and seek public comment on a 

25 final report that documents the outcomes of the 


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1 Connection to Opportunity Pilot Program. The 

2 report shall provide recommendations on the es3 tablishment of one or more national multimodal 

4 connectivity measures, and shall include— 

5 ‘‘(i) results of the pilot locations’ ef6 forts to measure and improve multimodal 

7 connectivity; 

8 ‘‘(ii) the Secretary’s recommendations 

9 for one or more national connectivity meas10 ures and integrating them into the Federal 

11 transportation performance management 

12 framework in accordance with section 150 

13 of this title; and 

14 ‘‘(iii) an assessment of social out15 comes and impact that may result from the 

16 pilot measures as well as estimated savings 

17 to Federal, State and local social service 

18 subsidy programs, as well as other costs 

19 avoided and new tax revenues attributable 

20 to increased connectivity. 

21 ‘‘(C) POTENTIAL RULEMAKING.—Within 

22 two years of the publication of the Connection 

23 to Opportunity Final Report, the Secretary, in 

24 consultation with State Departments of Trans25 portation, metropolitan planning organizations, 


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1 and other stakeholders, may promulgate a rule2 making that establishes performance measures 

3 and standards.’’. 

4 SEC. 1210. PERFORMANCE-BASED PROJECT SELECTION. 

5 (a) SECTION 134 AMENDMENT.—Section 

6 134(j)(2)(D) of title 23, United States Code, is amended 

7 to read as follows: 

8 ‘‘(D) PERFORMANCE TARGET ACHIEVE9 MENT.—In adding projects to a transportation 

10 improvement program, a metropolitan planning 

11 organization shall create a process to evaluate 

12 and select each project or collection of projects 

13 based on the project’s (or collection of projects’) 

14 inclusion of elements that are known to sup15 port, or will foreseeably support outcomes that 

16 will achieve the performance targets established 

17 in the metropolitan transportation plan by the 

18 metropolitan planning organization in accord19 ance with subsection (h)(2)(B).’’. 

20 (b) SECTION 135 AMENDMENT.—Section 135(g)(4) 

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

22 follows: 

23 ‘‘(4) PERFORMANCE TARGET ACHIEVEMENT.— 

24 In adding projects to a State transportation im25 provement program, a State shall create a process to 


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1 evaluate and select each project or collection of 

2 projects based on the project’s (or collection of 

3 projects’) inclusion of elements that are known to 

4 support, or will foreseeably support, outcomes that 

5 will achieve the performance targets established in 

6 the long-range statewide transportation plan in ac7 cordance with subsection (f)(7)(A).’’. 

8 (c) SECTION 5303 AMENDMENT.—Section 

9 5303(j)(2)(D) of title 49, United States Code, is amended 

10 to read as follows: 

11 ‘‘(D) PERFORMANCE TARGET ACHIEVE12 MENT.—In adding projects to a transportation 

13 improvement program, a metropolitan planning 

14 organization shall create a process to evaluate 

15 and select each project or collection of projects 

16 based on the project’s (or collection of projects’) 

17 inclusion of elements that are known to sup18 port, or will foreseeably support outcomes that 

19 will achieve the performance targets established 

20 in the metropolitan transportation plan by the 

21 metropolitan planning organization in accord22 ance with section 134(h)(2)(B) of title 23.’’. 

23 (d) SECTION 5304 AMENDMENT.—Section 

24 5304(g)(4) of title 49, United States Code, is amended 

25 to read as follows: 


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1 ‘‘(4) PERFORMANCE TARGET ACHIEVEMENT.— 

2 In adding projects to a State transportation im3 provement program, a State shall create a process to 

4 evaluate and select each project or collection of 

5 projects based on the project’s (or collection of 

6 projects’) inclusion of elements that are known to 

7 support, or will foreseeably support, outcomes that 

8 will achieve the performance targets established in 

9 the long-range statewide transportation plan in ac10 cordance with section 135(f)(7)(A) of title 23.’’. 

11 SEC. 1211. STORMWATER PLANNING. 

12 (a) SECTION 134 AMENDMENT.—Section 134(h)(1) 

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

14 (1) in subparagraph (G), by striking ‘‘; and’’ 

15 and inserting ‘‘;’’; 

16 (2) in subparagraph (H), by striking the final 

17 period and inserting ‘‘; and’’; and 

18 (3) by inserting the following at the end: 

19 ‘‘(I) improve the resilience and reliability 

20 of the transportation system and reduce or 

21 mitigate stormwater impacts of surface trans22 portation.’’. 

23 (b) SECTION 135 AMENDMENT.—Section 135(d)(1) 

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


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1 (1) in subparagraph (G), by striking ‘‘; and’’ 

2 and inserting ‘‘;’’; 

3 (2) in subparagraph (H), by striking the final 

4 period and inserting ‘‘; and’’; and 

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

6 ‘‘(I) improve the resilience and reliability 

7 of the transportation system and reduce or 

8 mitigate stormwater impacts of surface trans9 portation.’’. 

10 (c) SECTION 5303 AMENDMENT.—Section 

11 5303(h)(1) of title 49, United States Code, is amended— 

12 (1) in subparagraph (G), by striking ‘‘; and’’ 

13 and inserting ‘‘;’’; 

14 (2) in subparagraph (H), by striking the final 

15 period and inserting ‘‘; and’’; and 

16 (3) by inserting the following at the end: 

17 ‘‘(I) improve the resilience and reliability 

18 of the transportation system and reduce or 

19 mitigate stormwater impacts of surface trans20 portation.’’. 

21 (d) SECTION 5304 AMENDMENT.—Section 

22 5304(d)(1) of title 49, United States Code, is amended— 

23 (1) in subparagraph (G), by striking ‘‘; and’’ 

24 and inserting ‘‘;’’; 


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1 (2) in subparagraph (H), by striking the final 

2 period and inserting ‘‘; and’’; and 

3 (3) by inserting the following at the end: 

4 ‘‘(I) improve the resilience and reliability 

5 of the transportation system and reduce or 

6 mitigate stormwater impacts of surface trans7 portation.’’. 

8 Subtitle D—Congestion Mitigation 

9 and Air Quality Improvement 

10 SEC. 1301. ELIGIBLE PROJECTS. 

11 Section 149(b) of title 23, United States Code, is 

12 amended— 

13 (1) in paragraph (1)(A)(i)(I), by inserting ‘‘in 

14 the designated nonattainment area’’ after ‘‘stand15 ard’’; 

16 (2) in paragraph (3), by inserting ‘‘or mainte17 nance’’ after ‘‘attainment,’’; 

18 (3) in paragraph (4), by striking ‘‘is likely to 

19 contribute to the attainment of a national ambient 

20 air quality standard’’ and inserting ‘‘is likely to con21 tribute to the area’s attainment or maintenance of 

22 a national ambient air quality standard’’; and 

23 (4) in paragraph (5), by inserting ‘‘reduces air 

24 pollution and’’ after ‘‘if the program or project’’. 


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1 SEC. 1302. SPECIAL RULES. 

2 (a) TRANSFERABILITY OF CMAQ FUNDS.—Section 

3 126(a) of title 23, United States Code, is amended by in4 serting ‘‘(or, for an apportionment under section 

5 104(b)(4), 25 percent of the amount apportioned for the 

6 fiscal year)’’ after ‘‘for the fiscal year’’. 

7 (b) PM–10 NONATTAINMENT AND MAINTENANCE

8 AREAS.—Section 149(c)(1) of title 23, United States 

9 Code, is amended by striking ‘‘for ozone or carbon mon10 oxide, or both, and for PM–10 resulting from transpor11 tation activities, without regard to any limitation of the 

12 Department of Transportation relating to the type of am13 bient air quality standard such project or program ad14 dresses’’ and inserting ‘‘or maintenance for PM–10 result15 ing from transportation activities’’. 

16 SEC. 1303. PRIORITY CONSIDERATION. 

17 Section 149(g)(3) of title 23, United States Code, is 

18 amended to read as follows: 

19 ‘‘(3) PRIORITY CONSIDERATION.—States and 

20 metropolitan planning organizations shall give pri21 ority— 

22 ‘‘(A) in areas designated as nonattainment 

23 or maintenance for PM–2.5 under the Clean 

24 Air Act (42 U.S.C. 7401 et seq.) in distributing 

25 funds received for congestion mitigation and air 

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1 ments under section 104(b)(4) to projects and 

2 programs that are likely to reduce emissions or 

3 precursor emissions of PM–2.5, including diesel 

4 retrofits; and 

5 ‘‘(B) in areas designated as nonattainment 

6 or maintenance for ozone under the Clean Air 

7 Act (42 U.S.C. 7401 et seq.) in distributing 

8 funds received for congestion mitigation and air 

9 quality projects and programs from apportion10 ments under section 104(b)(4) to projects and 

11 programs that are likely to reduce precursor 

12 emissions of ozone.’’. 

13 SEC. 1304. EVALUATION AND ASSESSMENT OF PROJECTS. 

14 Section 149(i)(1)(A) of title 23, United States Code, 

15 is amended by inserting ‘‘that would contribute to attain16 ment or maintenance of a national ambient air quality 

17 standard’’ before the period at the end. 

18 SEC. 1305. ELECTRIC VEHICLE CHARGING STATIONS AND 

19 COMMERCIAL MOTOR VEHICLE ANTI-IDLING 

20 FACILITIES IN REST AREAS. 

21 (a) IN GENERAL.—Section 111 of title 23, United 

22 States Code, is amended by inserting at the end the fol23 lowing: 


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1 ‘‘(f) ELECTRIC VEHICLE CHARGING STATIONS AND

2 COMMERCIAL MOTOR VEHICLE ANTI-IDLING FACILITIES

3 IN REST AREAS.— 

4 ‘‘(1) IN GENERAL.—Notwithstanding subsection 

5 (a), a State may— 

6 ‘‘(A) permit electric vehicle charging sta7 tions and commercial motor vehicle anti-idling 

8 facilities in a rest area along a highway on the 

9 Interstate System in the State, if such stations 

10 or facilities will not impair the highway or 

11 interfere with the free and safe flow of traffic 

12 thereon; and 

13 ‘‘(B) charge a fee, or permit the charging 

14 of a fee, for the use of such stations or facili15 ties. 

16 ‘‘(2) LIMITATION ON USE OF REVENUES.—Not17 withstanding subsection (b)(4), a State shall use any 

18 revenues received from fees collected under para19 graph (1) for projects eligible under this title.’’. 

20 (b) CONFORMING AMENDMENTS.— 

21 (1) CONGESTION MITIGATION AND AIR QUALITY

22 IMPROVEMENT PROGRAM.—Section 149(c)(2) of title 

23 23, United States Code, is amended by striking ‘‘ex24 cept that such stations may not be established or 

25 supported where commercial establishments serving 


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1 motor vehicle users are prohibited by section 111 of 

2 title 23, United States Code’’. 

3 (2) JASON’S LAW.—Section 1401(d) of the 

4 Moving Ahead for Progress in the 21st Century Act 

5 (23 U.S.C. 137 note), is amended— 

6 (A) in paragraph (1) by striking ‘‘Except 

7 as provided in paragraph (2), a’’ and inserting 

8 ‘‘A’’; 

9 (B) by striking paragraph (2); and 

10 (C) by redesignating paragraph (3) as 

11 paragraph (2). 

12 Subtitle E—Innovative Finance 

13 and Tolling 

14 SEC. 1401. 21ST CENTURY INFRASTRUCTURE INVEST15 MENTS. 

16 (a) IN GENERAL.—Title 49, United States Code, is 

17 amended by inserting the following after chapter 55: 

18 ‘‘CHAPTER 56—21ST CENTURY 

19 INFRASTRUCTURE INVESTMENTS 

‘‘Sec. 

‘‘5601. ‘TIGER’ infrastructure investment grants. 

‘‘5602. Fixing and Accelerating Surface Transportation grants. 

20 ‘‘§ 5601. ‘TIGER’ infrastructure investment grants 

21 ‘‘(a) ESTABLISHMENT.—There is established in the 

22 Department a discretionary grant program, to be known 

23 as the ‘TIGER Infrastructure Grant Program’ and to be 

24 administered by the Secretary. 


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1 ‘‘(b) PURPOSE.—Funds authorized under this section 

2 shall be available for discretionary grants to be provided 

3 on a competitive basis for projects that will have a signifi4 cant impact on the Nation, a metropolitan area, or a re5 gion. 

6 ‘‘(c) ELIGIBLE APPLICANTS.—Applicants eligible for 

7 funding under this section include State, local, and Tribal 

8 governments, including U.S. territories, transit agencies, 

9 port authorities, metropolitan planning organizations, 

10 other political subdivisions of State or local governments, 

11 and multi-State or multi-jurisdictional groups applying 

12 through a single lead applicant. 

13 ‘‘(d) ELIGIBLE PROJECTS.—Projects eligible for 

14 funding under this section include the following: 

15 ‘‘(1) Highway or bridge projects eligible under 

16 title 23, United States Code (including bicycle and 

17 pedestrian related projects). 

18 ‘‘(2) Public transportation projects eligible 

19 under chapter 53 of title 49, United States Code. 

20 ‘‘(3) Passenger and freight rail transportation 

21 projects. 

22 ‘‘(4) Port infrastructure investments. 

23 ‘‘(5) Intermodal projects. 

24 ‘‘(6) Activities related to— 


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1 ‘‘(A) the planning, preparation, or design 

2 of a single surface transportation project; or 

3 ‘‘(B) regional transportation investment 

4 planning, including transportation planning 

5 that is coordinated with interdisciplinary factors 

6 including housing development, economic com7 petitiveness, network connectivity, stormwater 

8 and other infrastructure investments, or that 

9 addresses future risks and vulnerabilities, in10 cluding extreme weather and climate change. 

11 ‘‘(e) GEOGRAPHIC DISTRIBUTION.— 

12 ‘‘(1) EQUITABLE DISTRIBUTION.—In awarding 

13 funds under this section, the Secretary shall take 

14 measures to ensure an equitable geographic distribu15 tion of funds and an appropriate balance in address16 ing the needs of urban and rural communities and 

17 the investment in a variety of transportation modes. 

18 ‘‘(2) RURAL PROJECTS.—Not less than 20 per19 cent of the funds provided under this section shall 

20 be for projects located in rural areas. For the pur21 poses of the TIGER program, rural areas are those 

22 outside of an urbanized area as defined by the U.S. 

23 Census Bureau. 


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1 ‘‘(3) LIMITATION BY STATE.—Not more than 

2 25 percent of the funds provided under this section 

3 may be awarded to projects in a single State. 

4 ‘‘(f) GRANT PROGRAM CRITERIA, SOLICITATION AND

5 AWARD.—In administering the grant program under this 

6 section, the Secretary shall, within 90 days of the enact7 ment of this section, publish grant program criteria on 

8 which to base the competition for any grants awarded 

9 under this section. 

10 ‘‘(g) PLANNING GRANTS.—The Secretary may use up 

11 to 10 percent of the funds authorized under this section 

12 to fund the activities specified in subsection (d)(6). 

13 ‘‘(h) FEDERAL SHARE.— 

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

15 costs for which an expenditure is made under this 

16 section shall be up to 80 percent. 

17 ‘‘(2) RURAL AREAS.—The Secretary may pro18 vide a Federal share of up to 100 percent for a 

19 project in a rural area. 

20 ‘‘(3) PRIORITY.—In establishing grant program 

21 criteria pursuant to subsection (g), the Secretary 

22 shall include priority for projects that request a 

23 smaller Federal share. 

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1 ply with the requirements of the Davis-Bacon Act, sub2 chapter IV of chapter 31 of title 40, United States Code. 

3 ‘‘(j) ADMINISTRATIVE EXPENSES.— 

4 ‘‘(1) IN GENERAL.—The Secretary may use up 

5 to 1.5 percent of the funds authorized under this 

6 section to administer— 

7 ‘‘(A) the grant program authorized under 

8 this section; 

9 ‘‘(B) the Supplemental Discretionary 

10 Grants for a National Surface Transportation 

11 System provided for in Public Law 111–5; and 

12 ‘‘(C) the National Infrastructure Invest13 ments provided for in Public Laws 111–117, 

14 112–10, 113–6, and 113–235. 

15 ‘‘(2) AVAILABILITY.—The funds made available 

16 under paragraph (1) shall remain available until ex17 pended. 

18 ‘‘(k) TIFIA SUBSIDY AND ADMINISTRATIVE

19 COSTS.—The Secretary may use up to 10 percent of the 

20 funds authorized under this section to pay the subsidy and 

21 administrative costs of projects eligible for Federal credit 

22 assistance under chapter 6 of title 23, United States Code, 

23 if the Secretary finds that the use of the funds would ad24 vance the purposes of this section. 


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1 ‘‘(l) TRANSFER AUTHORITY.—Funds authorized 

2 under this section may be transferred within the Depart3 ment and administered in accordance with the require4 ments of title 23 or 49 of the United States Code applica5 ble to the agency to which the funds are transferred and 

6 any other requirements applicable to the project. 

7 ‘‘(m) INTERAGENCY COORDINATION AND COOPERA8 TION.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall coordi10 nate and cooperate with other Federal agencies in 

11 carrying out the grant program authorized under 

12 this section if the Secretary finds that such coordi13 nation and cooperation would advance the purposes 

14 of this section. 

15 ‘‘(2) INTERAGENCY AUTHORITY.—The Sec16 retary may accept and provide services from other 

17 Federal agencies with or without reimbursement in 

18 order to further the purposes of this section. 

19 ‘‘(3) INTERAGENCY DELEGATION OF AUTHOR20 ITY.—The Secretary may delegate the authority to 

21 issue or administer grants pursuant to this section 

22 to other Federal agencies in the interest of adminis23 trative or programmatic efficiency if the Secretary 

24 finds that such delegation would advance the pur25 poses of this section. 


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1 ‘‘(n) AUTHORIZATIONS.— 

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

3 appropriated from the Multimodal Account of the 

4 Transportation Trust Fund to carry out this sec5 tion— 

6 ‘‘(A) $1,250,000,000 for fiscal year 2016; 

7 ‘‘(B) $1,250,000,000 for fiscal year 2017; 

8 ‘‘(C) $1,250,000,000 for fiscal year 2018; 

9 ‘‘(D) $1,250,000,000 for fiscal year 2019; 

10 ‘‘(E) $1,250,000,000 for fiscal year 2020; 

11 and 

12 ‘‘(F) $1,250,000,000 for fiscal year 2021. 

13 ‘‘(2) AVAILABILITY.—Funds authorized under 

14 this subsection— 

15 ‘‘(A) shall be available for obligation on 

16 October 1 of the fiscal year for which they are 

17 authorized; and 

18 ‘‘(B) except as specified in subsection (j), 

19 shall remain available for obligation for a period 

20 of 2 years after the year for which they are au21 thorized. 

22 ‘‘§ 5602. Fixing and accelerating surface transpor23 tation grants 

24 ‘‘(a) ESTABLISHMENT.—There is established in the 

25 Department a discretionary grant program, to be known 


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1 as the ‘FAST Grant Program’ and to be administered by 

2 the Secretary. The program shall be a competitive pro3 gram and designed to reform the way transportation in4 vestments and decisions are made, implemented, and 

5 funded to achieve National transportation outcomes, by 

6 promoting the implementation of policies and procedures 

7 that generate long-term, institutionalized changes, and 

8 support performance-based management of the transpor9 tation system to improve transportation outcomes. 

10 ‘‘(b) BEST PRACTICES.—Evaluations of applications 

11 for funding under this section shall be based in part on 

12 the extent to which the applicant has adopted or imple13 mented best practices, including— 

14 ‘‘(1) commitment to sustainable and innovative 

15 non-Federal sources of transportation funding, in16 cluding value capture and authority for local govern17 ments to raise funding for transportation, that pro18 vide flexibility to make investments across all modes 

19 of transportation and convey the full social cost of 

20 travel decisions to users; 

21 ‘‘(2) development and incorporation of analyt22 ical tools in the investment decisionmaking process, 

23 including benefit cost analysis; other economic anal24 yses; watershed-driven web-based geographic infor25 mation systems; and use of innovations in design, 


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1 procurement and purchasing to improve project de2 livery and efficiency and reduce costs; 

3 ‘‘(3) use of operating practices and deployment 

4 of technologies that increase the efficient use of 

5 transportation system capacity and reduce the need 

6 to invest in new highway capacity; 

7 ‘‘(4) adoption of laws, rules and regulations, 

8 and commitment of resources toward practices that 

9 have been demonstrated to reduce transportation-re10 lated fatalities and injuries; 

11 ‘‘(5) integration of transportation planning and 

12 investment decisions with other land-use and eco13 nomic development decisions, including water infra14 structure and broadband deployment, to improve 

15 connectivity and accessibility and to focus transpor16 tation investments near existing infrastructure; 

17 ‘‘(6) adoption of laws, regulations, and prac18 tices that have been demonstrated to reduce energy 

19 use, improve air and water quality, reduce or miti20 gate stormwater impacts, promote long-term man21 agement of stormwater from surface transportation 

22 assets, reduce greenhouse gas emissions, improve 

23 community adaptability and resilience, enhance com24 munity health and quality of life, and expand trans25 portation choices; and 


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1 ‘‘(7) improvements to regional governance that 

2 increase metropolitan planning organization capacity 

3 and strengthens local and stakeholder input, particu4 larly traditionally underrepresented populations, into 

5 project selection. 

6 ‘‘(c) ELIGIBLE APPLICANTS.—States, the District of 

7 Columbia, Puerto Rico, U.S. territories (as defined in sec8 tion 165(c) of title 23, United States Code), Tribal gov9 ernments, and metropolitan planning organizations are eli10 gible applicants for funding under this section, provided 

11 that— 

12 ‘‘(1) States, the District of Columbia, Puerto 

13 Rico, U.S. territories, and Tribal applicants dem14 onstrate meaningful participation of metropolitan 

15 planning organizations, local governments, or transit 

16 agencies within the applicant’s jurisdiction in the de17 velopment of the application; 

18 ‘‘(2) metropolitan planning organizations in19 clude, as partners in their applications, the State (or 

20 the District of Columbia, as appropriate), local gov21 ernments, or transit agencies required to carry out 

22 the best practices relied on in their application; and 

23 ‘‘(3) the applicant has experience in successfully 

24 and independently administering Federal-aid high25 way or transit programs or projects. 


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1 ‘‘(d) LIST OF PROJECTS.—Applicants shall submit a 

2 program of transportation projects that are related to the 

3 best practices identified in subsection (b) to demonstrate 

4 how funds, if awarded under this section, will be spent. 

5 The list of projects shall— 

6 ‘‘(1) with regard to State applications, be devel7 oped with, and include priorities of, metropolitan 

8 planning organizations within the applicant’s juris9 diction as identified in the metropolitan planning or10 ganization’s Transportation Improvement Programs; 

11 ‘‘(2) demonstrate strong return on investment 

12 and competitive value for taxpayer money by means 

13 of a benefit-cost analysis and consideration of alter14 natives; and 

15 ‘‘(3) further the best practices and reform ini16 tiatives identified under subsection (b) and relied 

17 upon in the application. 

18 ‘‘(e) AWARD OF FUNDS.—The Federal Highway Ad19 ministrator and Federal Transit Administrator shall— 

20 ‘‘(1) competitively award funds under this sec21 tion in one fiscal year or over multiple fiscal years; 

22 ‘‘(2) withhold a reasonable amount of funds 

23 under this section for administration of the program, 

24 but not to exceed $25,000,000 per year; 


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1 ‘‘(3) devise a methodology for the size of 

2 awards under this program based on an applicant’s 

3 share of the Federal transportation allocated or for4 mula funding, subject to the provision in paragraph 

5 (4); 

6 ‘‘(4) make awards of no less than $50,000,000, 

7 except that this paragraph shall not apply to awards 

8 made to a Tribal government or a U.S. territory; 

9 and 

10 ‘‘(5) in awarding funds under this section 

11 (other than under subsection (j)), ensure an appro12 priate balance in addressing the needs of urban and 

13 rural communities. 

14 ‘‘(f) ELIGIBLE ACTIVITIES.—Funds provided under 

15 this program shall be used for capital or planning expenses 

16 for— 

17 ‘‘(1) highway or bridge projects eligible for 

18 funding under title 23, United States Code (includ19 ing bicycle and pedestrian-related projects); 

20 ‘‘(2) public transportation projects eligible for 

21 funding under chapter 53 of title 49, United States 

22 Code; 

23 ‘‘(3) passenger and freight rail transportation 

24 projects; 


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1 ‘‘(4) maritime port infrastructure investments 

2 eligible for funding under chapter 503 of title 46; 

3 ‘‘(5) domestic short sea shipping projects eligi4 ble for funding under chapter 556 of title 46; and 

5 ‘‘(6) intermodal projects combining any of the 

6 above. 

7 ‘‘(g) CRITERIA FOR GRANT SELECTION.—In award8 ing a grant under this subsection, the Secretary shall con9 sider the extent to which the application— 

10 ‘‘(1) demonstrates the greatest performance as 

11 well as applicants that have made the greatest 

12 progress in implementing the best practices listed in 

13 subsection (b); 

14 ‘‘(2) promotes National transportation prior15 ities, including— 

16 ‘‘(A) reducing transportation fatalities and 

17 serious injuries; 

18 ‘‘(B) strengthening economic competitive19 ness, including multimodal goods movement and 

20 coordination of transportation and economic de21 velopment investments; 

22 ‘‘(C) improving the state of repair of the 

23 transportation system and enhancing commu24 nity adaptability and resilience; 


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1 ‘‘(D) enhancing community health and im2 proving quality of life by increasing access to 

3 active transportation infrastructure, jobs and 

4 essential services, particularly for underserved 

5 populations; 

6 ‘‘(E) improving asset performance by re7 ducing congestion through demand management 

8 strategies, particularly strategies that curb de9 mand for single occupancy vehicle travel; 

10 ‘‘(F) improving the efficiency of project de11 velopment and system performance and reduc12 ing the cost of projects and maintenance of the 

13 transportation system; and 

14 ‘‘(G) adoption of laws, regulations, and 

15 practices that have been demonstrated to re16 duce energy use, improve air and water quality, 

17 reduce or mitigate stormwater impacts, promote 

18 long-term management of stormwater from sur19 face transportation assets, reduce greenhouse 

20 gas emissions, improve community adaptability 

21 and resilience, encourage groundwater recharge, 

22 enhance community health and quality of life, 

23 and expand transportation choices; and 

24 ‘‘(3) meets other criteria the Secretary requires. 

25 ‘‘(h) FUNDING.— 


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1 ‘‘(1) AUTHORIZED FUNDING.—There is author2 ized to be appropriated for each of fiscal years 2016 

3 through 2021 to carry out this section— 

4 ‘‘(A) $500,000,000 from the Highway Ac5 count of the Transportation Trust Fund; and 

6 ‘‘(B) $500,000,000 from the Mass Transit 

7 Account of the Transportation Trust Fund. 

8 ‘‘(2) OBLIGATION.— 

9 ‘‘(A) IN GENERAL.—The funds authorized 

10 by paragraph (1) shall be— 

11 ‘‘(i) available for obligation on Octo12 ber 1 of the fiscal year for which they are 

13 authorized; 

14 ‘‘(ii) available for obligation for a pe15 riod of 3 years after the last day of the fis16 cal year for which the funds are author17 ized; and 

18 ‘‘(iii) subject to the limitation on obli19 gations under subparagraph (B). 

20 ‘‘(B) OBLIGATION LIMITATION.—Notwith21 standing any other provision of law, in each of 

22 fiscal years 2016 through 2021, obligations for 

23 the program under this section shall not ex24 ceed— 

25 ‘‘(i) $1,000,000,000; plus 


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1 ‘‘(ii) any amount remaining available 

2 for obligation under the program from 

3 prior fiscal years. 

4 ‘‘(3) FEDERAL SHARE.—The Federal share for 

5 projects funded under this section may be up to 100 

6 percent. 

7 ‘‘(i) TRANSFER AUTHORITY.—Funds authorized 

8 under this section may be transferred within the Depart9 ment and administered in accordance with the require10 ments of title 23 or 49 of the United States Code applica11 ble to the agency to which the funds are transferred and 

12 any other requirements applicable to the project. 

13 ‘‘(j) METROPOLITAN MOBILITY PROGRAM.— 

14 ‘‘(1) ESTABLISHMENT.—The Secretary shall es15 tablish a metropolitan mobility program under this 

16 subsection. 

17 ‘‘(2) RESERVATION OF FUNDS.—The Secretary 

18 shall reserve up to $1,000,000,000 made available 

19 under this section over the period of fiscal years 

20 2016 through 2021 for the program under this sub21 section. Any funds reserved under this paragraph 

22 and not allocated under paragraph (3) shall be avail23 able for the FAST Grant Program. 

24 ‘‘(3) ALLOCATION OF FUNDS.— 


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1 ‘‘(A) AMOUNT AVAILABLE FOR ALLOCA2 TION.— 

3 ‘‘(i) IN GENERAL.—The amount of 

4 funding available to be allocated under this 

5 subsection for a fiscal year for use in an 

6 urbanized area with a population over 

7 200,000 individuals shall be— 

8 ‘‘(I) $250,000,000; multiplied by 

9 ‘‘(II) the ratio that— 

10 ‘‘(aa) the population of such 

11 urbanized area; bears to 

12 ‘‘(bb) the total population of 

13 all urbanized areas with popu14 lations of over 200,000 individ15 uals. 

16 ‘‘(ii) ADJUSTMENTS TO AMOUNTS.— 

17 Notwithstanding clause (i), the Secretary 

18 shall adjust the amounts determined under 

19 clause (i) as follows: 

20 ‘‘(I) MINIMUM AMOUNT.—The 

21 amount available to be allocated under 

22 this subsection for a fiscal year for 

23 use in an urbanized area with a popu24 lation over 200,000 individuals shall 

25 not be less than $1,000,000. 


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1 ‘‘(II) MAXIMUM AMOUNT.—The 

2 amount available to be allocated under 

3 this subsection for a fiscal year for 

4 use in an urbanized area with a popu5 lation over 200,000 individuals shall 

6 not be greater than $3,000,000. 

7 ‘‘(B) AMOUNT TO ALLOCATE.—In a fiscal 

8 year the Secretary shall make available to a 

9 State, for use in an urbanized area served by a 

10 high performing metropolitan planning organi11 zation, an amount of funds under this sub12 section equal to— 

13 ‘‘(i) the amount available for alloca14 tion for that fiscal year in that urbanized 

15 area under subparagraph (A); plus 

16 ‘‘(ii) any amounts available for alloca17 tion in that urbanized area under that sub18 paragraph for any prior fiscal years— 

19 ‘‘(I) beginning with fiscal year 

20 2016; and 

21 ‘‘(II) in which the urbanized area 

22 was not served by a high performing 

23 metropolitan planning organization. 

24 ‘‘(4) ELIGIBLE USES OF FUNDS.—Funds pro25 vided under this subsection may be used— 


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1 ‘‘(A) for any project or activity eligible 

2 under title 23; 

3 ‘‘(B) for any project or activity eligible 

4 under chapter 53, title 49; or 

5 ‘‘(C) notwithstanding any other provision 

6 of law, to pay the non-Federal share of the cost 

7 of any project or activity funded under chapter 

8 53 or 56 of this title or under title 23. 

9 ‘‘(5) HIGH PERFORMING METROPOLITAN PLAN10 NING ORGANIZATION DEFINED.—In this subsection, 

11 the term ‘high performing metropolitan planning or12 ganization’ means a metropolitan planning organiza13 tion that the Secretary has designated as high per14 forming under section 134(r) of title 23 or section 

15 5303(r) of this title.’’. 

16 (b) CONFORMING AMENDMENT.—The analysis of 

17 subtitle III of title 49, United States Code, is amended 

18 by inserting the following after the item relating to chap19 ter 55: 

‘‘56. 21st Century Infrastructure Investments ...................... 5601’’. 

20 SEC. 1402. TRANSPORTATION INFRASTRUCTURE FINANCE 

21 AND INNOVATION ACT OF 1998 AMENDMENTS. 

22 (a) DEFINITIONS.— 

23 (1) MASTER CREDIT AGREEMENTS.—Section 

24 601(a)(10) of title 23, United States Code, is 

25 amended to read as follows: 


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1 ‘‘(10) MASTER CREDIT AGREEMENT.—The term 

2 ‘master credit agreement’ means a conditional agree3 ment to extend credit assistance for a program of re4 lated projects secured by a common security pledge 

5 (which shall receive an investment grade rating from 

6 a rating agency) prior to the Secretary entering into 

7 such master credit agreement under section 

8 602(b)(2)(A), or for a single project covered under 

9 section 602(b)(2)(B) that does not provide for a cur10 rent obligation of Federal funds and that would— 

11 ‘‘(A) make contingent commitments of 1 or 

12 more secured loans or other Federal credit in13 struments at future dates, subject to the avail14 ability of future funds being made available to 

15 carry out this chapter and subject to the satis16 faction of all the conditions for the provision of 

17 credit assistance under this chapter, including 

18 section 603(b)(1); 

19 ‘‘(B) establish the maximum amounts and 

20 general terms and conditions of the secured 

21 loans or other Federal credit instruments; 

22 ‘‘(C) identify the 1 or more dedicated non23 Federal revenue sources that will secure the re24 payment of the secured loans or secured Fed25 eral credit instruments; 


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1 ‘‘(D) provide for the obligation of funds for 

2 the secured loans or secured Federal credit in3 struments after all requirements have been met 

4 for the projects subject to the master credit 

5 agreement, including— 

6 ‘‘(i) completion of an environmental 

7 impact statement or similar analysis re8 quired under the National Environmental 

9 Policy Act of 1969 (42 U.S.C. 4321 et 

10 seq.); 

11 ‘‘(ii) compliance with such other re12 quirements as are specified in this chapter, 

13 including sections 602(c) and 603(b)(1); 

14 and 

15 ‘‘(iii) the availability of funds to carry 

16 out this chapter; and 

17 ‘‘(E) require that contingent commitments 

18 result in a financial close and obligation of 

19 credit assistance not later than 3 years after 

20 the date of entry into the master credit agree21 ment, or release of the commitment, unless oth22 erwise extended by the Secretary.’’. 

23 (2) RURAL INFRASTRUCTURE PROJECT.—Sec24 tion 601(a)(15) of title 23, United States Code, is 

25 amended to read as follows: 


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1 ‘‘(15) RURAL INFRASTRUCTURE PROJECT.— 

2 The term ‘rural infrastructure project’ means a sur3 face infrastructure project located outside of a Cen4 sus Bureau-defined urbanized area.’’. 

5 (b) MASTER CREDIT AGREEMENTS.—Section 

6 602(b)(2) of title 23, United States Code, is amended to 

7 read as follows: 

8 ‘‘(2) MASTER CREDIT AGREEMENTS.— 

9 ‘‘(A) PROGRAM OF RELATED PROJECTS.— 

10 The Secretary may enter into a master credit 

11 agreement for a program of related projects se12 cured by a common security pledge on terms 

13 acceptable to the Secretary. 

14 ‘‘(B) ADEQUATE FUNDING NOT AVAIL15 ABLE.—If the Secretary fully obligates funding 

16 to eligible projects in a fiscal year, and ade17 quate funding is not available to fund a credit 

18 instrument, a project sponsor of an eligible 

19 project may elect to enter into a master credit 

20 agreement and wait to execute a credit instru21 ment until the fiscal year during which addi22 tional funds are available to receive credit as23 sistance.’’. 


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1 (c) APPLICATION PROCESSING PROCEDURES.—Sec2 tion 602(d)(2) of title 23, United States Code, is amended 

3 to read as follows: 

4 ‘‘(2) APPROVAL OR DENIAL OF APPLICATION.— 

5 Not later than 60 days after the date of issuance of 

6 the written notice of a complete application under 

7 paragraph (1), the Secretary shall provide to the ap8 plicant a written notice informing the applicant 

9 whether the Secretary has approved or disapproved 

10 the application.’’. 

11 (d) AGREEMENTS.—Section 603(a)(1)(D) of title 23, 

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

13 ‘‘(D) to refinance long-term project obliga14 tions or Federal credit instruments, if the refi15 nancing provides additional demonstrated fund16 ing capacity for the completion, enhancement, 

17 or expansion of any project that— 

18 ‘‘(i) is selected under section 602; or 

19 ‘‘(ii) otherwise meets the requirements 

20 of section 602.’’. 

21 (e) LIMITATION ON REFINANCING OF INTERIM CON22 STRUCTION FINANCING.—Section 603(a)(2) of title 23, 

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

24 ‘‘(2) LIMITATION ON REFINANCING OF INTERIM

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1 graph (1) shall not refinance interim construction fi2 nancing under paragraph (1)(B)— 

3 ‘‘(A) if the maturity of such interim con4 struction financing is later than one year after 

5 the substantial completion of the project, and 

6 ‘‘(B) later than one year after the date of 

7 substantial completion of the project.’’. 

8 (f) PROGRAM ADMINISTRATION.—Section 605 of title 

9 23, United States Code, is amended by inserting at the 

10 end the following: 

11 ‘‘(f) REDUCING BURDEN ON SMALL PROJECTS.— 

12 The Secretary may use up to $5,000,000 of funds made 

13 available to carry out this chapter in a fiscal year in lieu 

14 of fees collected under subsection (b) for projects under 

15 this chapter having eligible project costs that are reason16 ably anticipated not to equal or exceed $75,000,000.’’. 

17 (g) FUNDING.— 

18 (1) Section 608(a) of title 23, United States 

19 Code, is amended— 

20 (A) by striking paragraph (4); and 

21 (B) by renumbering paragraphs (5) and 

22 (6) as (4) and (5), respectively. 

23 (2) Section 608(a)(6) of title 23, United States 

24 Code, is amended to read as follows: 


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1 ‘‘(6) ADMINISTRATIVE COSTS.—Of the amounts 

2 made available to carry out this chapter, the Sec3 retary may use not more than $10,000,000 in fiscal 

4 year 2016, $12,000,000 in fiscal year 2017, 

5 $14,000,000 in fiscal year 2018, $15,000,000 in fis6 cal year 2019, $15,000,000 in fiscal year 2020, and 

7 $15,000,000 in fiscal year 2021 for the administra8 tion of this chapter.’’. 

9 SEC. 1403. RAILROAD REHABILITATION AND IMPROVE10 MENT FINANCING. 

11 (a) DEFINITIONS.—Section 501 of the Railroad Revi12 talization and Regulatory Reform Act of 1976 (45 U.S.C. 

13 821) is amended by inserting at the end the following: 

14 ‘‘(9) The term ‘railroad’ means a railroad car15 rier as that term is defined in section 20102 of title 

16 49, United States Code.’’. 

17 (b) GENERAL AUTHORITY.—Section 502(a) of the 

18 Railroad Revitalization and Regulatory Reform Act of 

19 1976 (45 U.S.C. 822(a)) is amended— 

20 (1) by striking paragraph (5) and inserting the 

21 following: 

22 ‘‘(5) joint ventures that include at least one of 

23 the entities described in paragraphs (1) through (4) 

24 or paragraph (6) of this section; and’’; 


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1 (2) in paragraph (6), by striking ‘‘second’’ and 

2 ‘‘that is served by no more than a single railroad’’; 

3 and 

4 (3) in paragraph (6), by striking ‘‘limited op5 tion rail freight shippers’’ and inserting ‘‘limited op6 tion freight shippers’’. 

7 (c) ELIGIBLE PURPOSES.—Section 502(b) of the 

8 Railroad Revitalization and Regulatory Reform Act of 

9 1976 (45 U.S.C. 822(b)) is amended— 

10 (1) in paragraph (1)(A), by striking ‘‘shops’’ 

11 and inserting ‘‘shops, inclusive of costs related to 

12 these activities, but not operating expenses’’; and 

13 (2) in paragraph (1)(B), by striking ‘‘subpara14 graph (A)’’ and inserting ‘‘subparagraph (A) or 

15 (C)’’. 

16 (d) INFRASTRUCTURE PARTNERS.—Section 502(f) of 

17 the Railroad Revitalization and Regulatory Reform Act of 

18 1976 (45 U.S.C. 822(f)) is amended— 

19 (1) in paragraph (1)— 

20 (A) by inserting ‘‘including modifications 

21 thereto’’ after ‘‘1990’’; 

22 (B) by inserting ‘‘and modification costs’’ 

23 after ‘‘premiums’’ in the first sentence; and 

24 (C) by inserting ‘‘or modification’’ after 

25 ‘‘application’’ at the end of the first sentence; 


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1 (2) in paragraph (3), by inserting ‘‘, and in the 

2 case of a modification, before the modification is ex3 ecuted’’ after ‘‘amounts’’; and 

4 (3) by striking paragraph (4). 

5 (e) CONDITIONS OF ASSISTANCE.—Section 502(h) of 

6 the Railroad Revitalization and Regulatory Reform Act of 

7 1976 (45 U.S.C. 822(h)) is amended— 

8 (1) in paragraph (2)— 

9 (A) by striking ‘‘project’’ and inserting 

10 ‘‘project, if applicable’’; 

11 (B) by striking ‘‘(2)’’ and inserting 

12 ‘‘(2)(A)’’; and 

13 (C) by inserting at the end the following: 

14 ‘‘(B) The Secretary may subordinate rights 

15 of the Secretary under any provision of title 49 

16 or title 23 of the United States Code, to the 

17 rights of the Secretary under this section and 

18 section 503 of this Act.’’; and 

19 (2) by inserting the following after subpara20 graph (3)(B): 

21 ‘‘(4) The Secretary shall not provide assistance 

22 under this section exceeding 80 percent of the rea23 sonably anticipated eligible project costs on 

24 projects— 


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1 ‘‘(A) that receive a loan for which the Gov2 ernment pays the cost as defined by section 502 

3 of the Federal Credit Reform Act; and 

4 ‘‘(B) with total eligible project costs esti5 mated to exceed $100,000,000.’’. 

6 (f) MODIFICATIONS.—Section 503(c) of the Railroad 

7 Revitalization and Regulatory Reform Act of 1976 (45 

8 U.S.C. 823(c)) is amended— 

9 (1) in paragraph (1), by striking ‘‘and’’ from 

10 the end; 

11 (2) in paragraph (2), by striking the period and 

12 inserting ‘‘; and’’; and 

13 (3) by adding the following after paragraph (2): 

14 ‘‘(3) the modification cost has been covered 

15 pursuant to section 502(f).’’. 

16 (g) EVALUATION, AWARD AND OVERSIGHT

17 CHARGES.—Section 503 of the Railroad Revitalization 

18 and Regulatory Reform Act of 1976 (45 U.S.C. 823) is 

19 amended by striking subsection (k) and inserting the fol20 lowing: 

21 ‘‘(k) CHARGES.— 

22 ‘‘(1) PURPOSE.—The Secretary may collect 

23 from each applicant a reasonable charge for— 

24 ‘‘(A) the cost of evaluating the application, 

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1 ing appraisal of the value of the equipment or 

2 facilities for which the direct loan or loan guar3 antee is sought, and for making necessary de4 terminations and findings; 

5 ‘‘(B) the cost of award and project man6 agement oversight; 

7 ‘‘(C) the cost of services from expert firms, 

8 including counsel, in the field of railroad, mu9 nicipal and project finance, to assist in the un10 derwriting, auditing, servicing and exercise of 

11 rights with respect to direct loans and loan 

12 guarantees; and 

13 ‘‘(D) the cost of all other expenses in14 curred as a result of a breach of any term or 

15 condition or any event of default on a direct 

16 loan. 

17 ‘‘(2) AMOUNT.—A charge under this subsection 

18 shall not exceed one percent of the principal amount 

19 requested in the application. The Secretary shall 

20 prescribe standards for applying the charges to en21 sure that it does not prevent a Class II or Class III 

22 railroad from having adequate access to direct loans 

23 and loan guarantees under this title. 

24 ‘‘(3) FEES CREDITED TO SAFETY ACCOUNT.— 

25 Amounts collected under this subsection shall be 


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1 credited directly to the Safety and Operations ac2 count of the Federal Railroad Administration, and 

3 shall remain available until expended to pay for the 

4 costs described in this subsection.’’. 

5 (h) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated to the Secretary such 

7 sums as may be necessary for the cost of direct loans and 

8 loan guarantees pursuant to sections 502 through 504 of 

9 the Railroad Revitalization and Regulatory Reform Act of 

10 1976 (Public Law 94–210). 

11 SEC. 1404. STATE INFRASTRUCTURE BANK PROGRAM. 

12 Section 610 of title 23, United States Code, is 

13 amended— 

14 (1) in subsection (d)— 

15 (A) by striking paragraph (1)(A) and in16 serting in its place the following: 

17 ‘‘(A) 10 percent of the funds apportioned 

18 to the State for each fiscal year under each of 

19 sections 104(b)(1) and 104(b)(2); and’’; 

20 (B) in paragraph (2), by striking ‘‘of fiscal 

21 years 2005 through 2009’’ and inserting ‘‘fiscal 

22 year’’; and 

23 (C) in paragraph (3), by striking ‘‘of fiscal 

24 years 2005 through 2009’’ and inserting ‘‘fiscal 

25 year’’; and 


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1 (2) in subsection (k), by striking ‘‘of fiscal 

2 years 2005 through 2009’’ and inserting ‘‘fiscal 

3 year’’. 

4 SEC. 1405. TOLL ROADS, BRIDGES, TUNNELS, AND FERRIES. 

5 (a) TOLLING.—Section 129(a) of title 23, United 

6 States Code, is amended— 

7 (1) in paragraph (1)— 

8 (A) by striking subparagraphs (B), (G), 

9 and (H) and redesignating— 

10 (i) subparagraphs (C) through (F) as 

11 subparagraphs (B) through (E), respec12 tively; and 

13 (ii) subparagraph (I) as subparagraph 

14 (H); 

15 (B) in subparagraph (B), as redesignated, 

16 by— 

17 (i) inserting ‘‘, including such facili18 ties’’ after ‘‘tunnel’’ in the first place it ap19 pears; and 

20 (ii) adding a comma after ‘‘Interstate 

21 System’’; and 

22 (C) by inserting after subparagraph (E), 

23 as redesignated, the following: 

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1 version of the highway to a toll facility, subject 

2 to the approval of the Secretary in accordance 

3 with paragraph (12); 

4 ‘‘(G) conversion of 1 or more lanes on a 

5 toll-free highway, bridge or tunnel (including 

6 highways, bridges or tunnels on the Interstate 

7 System) to a toll facility for the purpose of re8 ducing or managing high levels of congestion, 

9 subject to the approval of the Secretary in ac10 cordance with paragraph (12); and’’; 

11 (2) in paragraph (3)(A), by— 

12 (A) striking ‘‘shall use’’ and inserting 

13 ‘‘shall ensure that’’; 

14 (B) inserting ‘‘are used’’ after ‘‘toll facil15 ity’’ in the second place it appears; 

16 (C) redesignating clauses (iv) and (v) as 

17 clauses (vi) and (vii), respectively; 

18 (D) inserting after clause (iii) the fol19 lowing: 

20 ‘‘(iv) any costs necessary for the im21 provement and operation of public trans22 portation service that— 

23 ‘‘(I) is provided within the trans24 portation corridor in which the toll fa25 cility is located; or 


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1 ‘‘(II) contributes to the improved 

2 operation of the toll facility or the 

3 highway on which the toll facility is 

4 located; 

5 ‘‘(v) any costs necessary for miti6 gating any adverse impacts related to the 

7 tolling of the facility and identified under 

8 the National Environmental Policy Act 

9 process as a priority by the State or public 

10 authority imposing the tolls;’’; and 

11 (E) inserting ‘‘or chapter 53 of title 49’’ 

12 before the period at the end of clause (vii), as 

13 redesignated; 

14 (3) by amending paragraph (4) to read as fol15 lows: 

16 ‘‘(4) REQUIREMENTS FOR TOLLING FOR CON17 GESTION MANAGEMENT.— 

18 ‘‘(A) IN GENERAL.—A public authority 

19 with jurisdiction over a toll-free highway, 

20 bridge, or tunnel that is converted to a toll fa21 cility that is tolled under paragraph (1)(G) 

22 shall manage the demand to use the facility by 

23 varying the toll amount that is charged. 

24 ‘‘(B) HOV FACILITIES.—A high occupancy 

25 vehicle facility converted to a toll facility under 


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1 paragraph (1)(G) shall be subject to the re2 quirements of section 166 of this title.’’; 

3 (4) by redesignating paragraph (10) as para4 graph (11); 

5 (5) by inserting after paragraph (9) the fol6 lowing: 

7 ‘‘(10) ELECTRONIC TOLL COLLECTION.—Fees 

8 collected from motorists using a toll facility that is 

9 tolled pursuant to this section and opened to traffic 

10 on or after October 1, 2016, shall be collected only 

11 through the use of noncash electronic technology 

12 that optimizes the free flow of traffic on the toll fa13 cility.’’; and 

14 (6) by inserting at the end the following: 

15 ‘‘(12) APPROVAL.—A facility tolled under para16 graph (1)(F) or (1)(G) shall receive the approval of 

17 the Secretary according to criteria that the Sec18 retary shall publish in the Federal Register.’’. 

19 (b) FERRY BOATS.—Section 129(c)(2) of title 23, 

20 United States Code, is amended by inserting ‘‘, ferry boats 

21 carrying commercial motor vehicles and passengers,’’ be22 fore the phrase ‘‘and ferry boats carrying passengers 

23 only.’’. 

24 (c) INTERSTATE SYSTEM RECONSTRUCTION AND RE25 HABILITATION PILOT PROGRAM.—Section 1216(b) of the 


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1 Transportation Equity Act for the 21st Century (Public 

2 Law 105–178) is repealed. 

3 SEC. 1406. TAX-EXEMPT FINANCING FOR QUALIFIED SUR4 FACE TRANSPORTATION PROJECTS. 

5 Section 142(m)(2)(A) of the Internal Revenue Code 

6 of 1986 (26 U.S.C. 142(m)(2)(A)) is amended by striking 

7 ‘‘$15,000,000,000’’ and inserting ‘‘$19,000,000,000’’. 

8 SEC. 1407. PAY FOR SUCCESS. 

9 To the extent practicable, the Secretary shall encour10 age the use of pay for success contracting in the imple11 mentation of the programs administered by the Depart12 ment. 

13 SEC. 1408. ASSISTANT SECRETARY FOR INNOVATIVE FI14 NANCE. 

15 (a) ESTABLISHMENT OF ASSISTANT SECRETARY PO16 SITION.—Section 102(e)(1) of title 49, as amended by sec17 tion 8110 of this Act, is further amended— 

18 (1) by striking ‘‘6 Assistant Secretaries’’ and 

19 inserting ‘‘7 Assistant Secretaries’’; and 

20 (2) in subparagraph (A), by inserting ‘‘an As21 sistant Secretary for Innovative Finance,’’ before 

22 ‘‘and an Assistant Secretary’’. 

23 (b) CONFORMING AMENDMENT TO TITLE 5.—Sec24 tion 5315 of title 5, as amended by section 8110 of this 

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1 nated item relating to Assistant Secretaries of Transpor2 tation and inserting ‘‘(6)’’. 

3 TITLE II—FEDERAL-AID 

4 HIGHWAYS 

5 Subtitle A—Authorizations and 

6 Programs 

7 SEC. 2001. AUTHORIZATION OF APPROPRIATIONS. 

8 (a) IN GENERAL.—The following sums are author9 ized to be appropriated out of the Highway Account of 

10 the Transportation Trust Fund: 

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

12 the national highway performance program under 

13 section 119 of title 23, United States Code, the sur14 face transportation program under section 133 of 

15 such title, the highway safety improvement program 

16 under section 148 of such title, the congestion miti17 gation and air quality improvement program under 

18 section 149 of such title, and to carry out section 

19 134 of such title— 

20 (A) $38,640,000,000 for fiscal year 2016; 

21 (B) $39,413,000,000 for fiscal year 2017; 

22 (C) $40,182,000,000 for fiscal year 2018; 

23 (D) $40,984,000,000 for fiscal year 2019; 

24 (E) $41,792,000,000 for fiscal year 2020; 

25 and 


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1 (F) $42,627,000,000 for fiscal year 2021. 

2 (2) CRITICAL IMMEDIATE SAFETY INVEST3 MENTS PROGRAM.—For the critical immediate safety 

4 investments program under section 2012 of this 

5 Act— 

6 (A) $7,450,000,000 for fiscal year 2016; 

7 (B) $6,250,000,000 for fiscal year 2017; 

8 (C) $5,000,000,000 for fiscal year 2018; 

9 (D) $3,800,000,000 for fiscal year 2019; 

10 (E) $3,550,000,000 for fiscal year 2020; 

11 and 

12 (F) $3,350,000,000 for fiscal year 2021. 

13 (3) FEDERAL LANDS AND TRIBAL TRANSPOR14 TATION PROGRAMS.— 

15 (A) TRIBAL TRANSPORTATION PRO16 GRAM.—For the Tribal transportation program 

17 under section 202 of title 23, United States 

18 Code— 

19 (i) $507,000,000 for fiscal year 2016; 

20 (ii) $517,000,000 for fiscal year 2017; 

21 (iii) $527,000,000 for fiscal year 

22 2018; 

23 (iv) $538,000,000 for fiscal year 

24 2019; 


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1 (v) $548,760,000 for fiscal year 2020; 

2 and 

3 (vi) $559,735,000 for fiscal year 

4 2021. 

5 (B) FEDERAL LANDS TRANSPORTATION

6 PROGRAM.—For the Federal lands transpor7 tation program under section 203 of such 

8 title— 

9 (i) $370,000,000 for fiscal year 2016; 

10 (ii) $377,000,000 for fiscal year 2017; 

11 (iii) $385,000,000 for fiscal year 

12 2018; 

13 (iv) $393,000,000 for fiscal year 

14 2019; 

15 (v) $400,860,000 for fiscal year 2020; 

16 and 

17 (vi) $408,877,000 for fiscal year 

18 2021, 

19 of which 5 percent of the amount made avail20 able for each fiscal year shall be for the United 

21 States Army Corps of Engineers; 15 percent of 

22 the amount made available for each fiscal year 

23 shall be for the United States Forest Service; 

24 and 80 percent of the amount made available 

25 for each fiscal year shall be for the Department 


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1 of the Interior and divided by the Secretary of 

2 the Interior, with notification to the Secretary, 

3 among the National Park Service, the Fish and 

4 Wildlife Service, the Bureau of Land Manage5 ment, and the Bureau of Reclamation. 

6 (C) FEDERAL LANDS ACCESS PROGRAM.— 

7 For the Federal lands access program under 

8 section 204 of such title— 

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

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

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

12 2018; 

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

14 2019; 

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

16 and 

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

18 2021. 

19 (D) NATIONALLY SIGNIFICANT FEDERAL

20 LANDS AND TRIBAL PROJECTS PROGRAM.—For 

21 the nationally significant Federal lands and 

22 Tribal projects program under section 2008 of 

23 this Act, $150,000,000 for each of fiscal years 

24 2016 through 2021. 


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1 (4) TRANSPORTATION INFRASTRUCTURE FI2 NANCE AND INNOVATION PROGRAM.—For credit as3 sistance under the transportation infrastructure fi4 nance and innovation program under chapter 6 of 

5 such title, $1,000,000,000 for each of fiscal years 

6 2016 through 2021. 

7 (5) FEDERAL ALLOCATION PROGRAMS.— 

8 (A) ON-THE-JOB TRAINING.—For surface 

9 transportation and technology training and 

10 summer transportation institutes under section 

11 140(b) of such title— 

12 (i) $11,000,000 for fiscal year 2016; 

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

14 (iii) $11,000,000 for fiscal year 2018; 

15 (iv) $12,000,000 for fiscal year 2019; 

16 (v) $12,000,000 for fiscal year 2020; 

17 and 

18 (vi) $12,000,000 for fiscal year 2021. 

19 (B) DISADVANTAGED BUSINESS ENTER20 PRISES.—For training programs and assistance 

21 programs under section 140(c) of such title— 

22 (i) $11,000,000 for fiscal year 2016; 

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

24 (iii) $11,000,000 for fiscal year 2018; 

25 (iv) $12,000,000 for fiscal year 2019; 


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1 (v) $12,000,000 for fiscal year 2020; 

2 and 

3 (vi) $12,000,000 for fiscal year 2021. 

4 (C) HIGHWAY USE TAX EVASION

5 PROJECTS.—For highway use tax evasion 

6 projects under section 143 of such title, 

7 $10,000,000 for each of fiscal years 2016 

8 through 2021. 

9 (D) CONSTRUCTION OF FERRY BOATS AND

10 FERRY TERMINAL FACILITIES.—For the con11 struction of ferry boats and ferry terminal fa12 cilities under section 147 of such title— 

13 (i) $70,000,000 for fiscal year 2016; 

14 (ii) $71,000,000 for fiscal year 2017; 

15 (iii) $73,000,000 for fiscal year 2018; 

16 (iv) $74,000,000 for fiscal year 2019; 

17 (v) $75,420,000 for fiscal year 2020; 

18 and 

19 (vi) $76,868,000 for fiscal year 2021. 

20 (E) PERFORMANCE MANAGEMENT DATA

21 SUPPORT PROGRAM.—For the performance 

22 management data support program under sec23 tion 150(f) of title 23, United States Code, 

24 $10,000,000 for each of fiscal years 2016 

25 through 2021. 


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1 (F) TERRITORIAL AND PUERTO RICO

2 HIGHWAY PROGRAM.—For the territorial and 

3 Puerto Rico highway program under section 

4 165 of such title— 

5 (i) $190,000,000 for fiscal year 2016; 

6 (ii) $194,000,000 for fiscal year 2017; 

7 (iii) $198,000,000 for fiscal year 

8 2018; 

9 (iv) $202,000,000 for fiscal year 

10 2019; 

11 (v) $206,040,000 for fiscal year 2020; 

12 and 

13 (vi) $210,161,000 for fiscal year 

14 2021. 

15 (G) JOBS-DRIVEN SKILLS AND OPPOR16 TUNITY PROGRAMS.—$100,000,000 in each of 

17 fiscal years 2016 through 2021, of which— 

18 (i) $30,000,000 for each such fiscal 

19 year shall be for the jobs-driven skills 

20 training program under section 140(b) of 

21 such title (as added by section 1208 of this 

22 Act); and 

23 (ii) $70,000,000 for each such fiscal 

24 year shall be for the connection to oppor25 tunity pilot program under section 134(q) 


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1 of such title and section 5303(q) of title 

2 49, United States Code (as added by sec3 tion 1209 of this Act). 

4 (b) DISADVANTAGED BUSINESS ENTERPRISES.— 

5 (1) DEFINITIONS.—In this subsection, the fol6 lowing definitions apply: 

7 (A) SMALL BUSINESS CONCERN.— 

8 (i) IN GENERAL.—The term ‘‘small 

9 business concern’’ means a small business 

10 concern as the term is used in section 3 of 

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

12 (ii) EXCLUSIONS.—The term ‘‘small 

13 business concern’’ does not include any 

14 concern or group of concerns controlled by 

15 the same socially and economically dis16 advantaged individual or individuals that 

17 have average annual gross receipts during 

18 the preceding 3 fiscal years in excess of 

19 $22,410,000, as adjusted annually by the 

20 Secretary for inflation. 

21 (B) SOCIALLY AND ECONOMICALLY DIS22 ADVANTAGED INDIVIDUALS.—The term ‘‘so23 cially and economically disadvantaged individ24 uals’’ has the meaning given the term in section 

25 8(d) of the Small Business Act (15 U.S.C. 


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1 637(d)) and relevant subcontracting regulations 

2 issued pursuant to that Act, except that women 

3 shall be presumed to be socially and economi4 cally disadvantaged individuals for purposes of 

5 this subsection. 

6 (2) AMOUNTS FOR SMALL BUSINESS CON7 CERNS.—Except to the extent that the Secretary de8 termines otherwise, not less than 10 percent of the 

9 amounts made available for any program under ti10 tles II and III of this Act and section 403 of title 

11 23, United States Code, shall be expended through 

12 small business concerns owned and controlled by so13 cially and economically disadvantaged individuals. 

14 (3) ANNUAL LISTING OF DISADVANTAGED BUSI15 NESS ENTERPRISES.—Each State that receives 

16 funds under title II of this Act, title III of this Act, 

17 title VIII of this Act, or section 403 of title 23, 

18 United States Code, shall annually— 

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

20 business concerns referred to in paragraph (2) 

21 in the State, including the location of the small 

22 business concerns in the State; and 

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

24 percentage of the small business concerns that 

25 are controlled by— 


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1 (i) women; 

2 (ii) socially and economically dis3 advantaged individuals (other than 

4 women); and 

5 (iii) individuals who are women and 

6 are otherwise socially and economically dis7 advantaged individuals. 

8 (4) UNIFORM CERTIFICATION.— 

9 (A) IN GENERAL.—The Secretary shall es10 tablish minimum uniform criteria for use by 

11 State governments in certifying whether a con12 cern qualifies as a small business concern for 

13 the purpose of this subsection. 

14 (B) INCLUSIONS.—The minimum uniform 

15 criteria established under subparagraph (A) 

16 shall include, with respect to a potential small 

17 business concern— 

18 (i) on-site visits; 

19 (ii) personal interviews with personnel; 

20 (iii) issuance or inspection of licenses; 

21 (iv) analyses of stock ownership; 

22 (v) listings of equipment; 

23 (vi) analyses of bonding capacity; 

24 (vii) listings of work completed; 


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1 (viii) examination of the resumes of 

2 principal owners; 

3 (ix) analyses of financial capacity; and 

4 (x) analyses of the type of work pre5 ferred. 

6 (5) REPORTING.—The Secretary shall establish 

7 minimum requirements for use by State govern8 ments in reporting to the Secretary— 

9 (A) information concerning disadvantaged 

10 business enterprise awards, commitments, and 

11 achievements; and 

12 (B) such other information as the Sec13 retary determines to be appropriate for the 

14 proper monitoring of the disadvantaged busi15 ness enterprise program. 

16 (6) COMPLIANCE WITH COURT ORDERS.—Noth17 ing in this subsection limits the eligibility of an indi18 vidual or entity to receive funds made available 

19 under titles II and III of this Act and section 403 

20 of title 23, United States Code, if the entity or per21 son is prevented, in whole or in part, from complying 

22 with paragraph (2) because a Federal court issues a 

23 final order in which the court finds that a require24 ment or the implementation of paragraph (2) is un25 constitutional. 


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1 (c) CONFORMING AMENDMENTS.— 

2 (1) PUERTO RICO AND TERRITORIAL HIGH3 WAYS.—Section 165(a) of title 23, United States 

4 Code, is amended to read as follows: 

5 ‘‘(a) DIVISION OF FUNDS.—Of funds made available 

6 for the territorial and Puerto Rico highway program— 

7 ‘‘(1) for fiscal year 2016— 

8 ‘‘(A) $150,000,000 shall be for the Puerto 

9 Rico highway program under subsection (b); 

10 and 

11 ‘‘(B) $40,000,000 shall be for the terri12 torial highway program under subsection (c); 

13 ‘‘(2) for fiscal year 2017— 

14 ‘‘(A) $153,000,000 shall be for the Puerto 

15 Rico highway program under subsection (b); 

16 and 

17 ‘‘(B) $41,000,000 shall be for the terri18 torial highway program under subsection (c); 

19 ‘‘(3) for fiscal year 2018— 

20 ‘‘(A) $156,000,000 shall be for the Puerto 

21 Rico highway program under subsection (b); 

22 and 

23 ‘‘(B) $42,000,000 shall be for the terri24 torial highway program under subsection (c); 

25 ‘‘(4) for fiscal year 2019— 


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1 ‘‘(A) $159,000,000 shall be for the Puerto 

2 Rico highway program under subsection (b); 

3 and 

4 ‘‘(B) $43,000,000 shall be for the terri5 torial highway program under subsection (c); 

6 ‘‘(5) for fiscal year 2020— 

7 ‘‘(A) $162,030,000 shall be for the Puerto 

8 Rico highway program under subsection (b); 

9 and 

10 ‘‘(B) $44,010,000 shall be for the terri11 torial highway program under subsection (c); 

12 and 

13 ‘‘(6) for fiscal year 2021— 

14 ‘‘(A) $165,120,750 shall be for the Puerto 

15 Rico highway program under subsection (b); 

16 and 

17 ‘‘(B) $45,040,250 shall be for the terri18 torial highway program under subsection (c).’’. 

19 (2) DISADVANTAGED BUSINESS ENTER20 PRISES.—Section 140(c) of such title is amended by 

21 striking ‘‘From administrative funds made available 

22 under section 104(a), the Secretary shall deduct 

23 such sums as necessary, not to exceed $10,000,000 

24 per fiscal year, for the administration of this sub25 section.’’. 


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1 (3) HIGHWAY USE TAX EVASION PROJECTS.— 

2 Section 143(b)(2) of such title is amended to read 

3 as follows: 

4 ‘‘(2) FUNDING.—Funds made available to carry 

5 out this section may be allocated to the Internal 

6 Revenue Service and the States at the discretion of 

7 the Secretary, except that of funds so made available 

8 for each fiscal year, $2,000,000 shall be available 

9 only to carry out intergovernmental enforcement ef10 forts, including research and training.’’. 

11 (4) CONSTRUCTION OF FERRY BOATS AND

12 FERRY TERMINAL FACILITIES.—Section 147 of such 

13 title is amended— 

14 (A) by striking subsection (e); and 

15 (B) by redesignating subsections (f) and 

16 (g) as subsections (e) and (f), respectively. 

17 SEC. 2002. OBLIGATION LIMITATION. 

18 (a) GENERAL LIMITATION.—Subject to subsection 

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

20 obligations for Federal-aid highway and highway safety 

21 construction programs shall not exceed— 

22 (1) $50,068,248,000 for fiscal year 2016; 

23 (2) $50,705,248,000 for fiscal year 2017; 

24 (3) $51,263,248,000 for fiscal year 2018; 

25 (4) $51,876,248,000 for fiscal year 2019; 


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1 (5) $52,485,293,000 for fiscal year 2020; and 

2 (6) $53,169,199,000 for fiscal year 2021. 

3 (b) EXCEPTIONS.—The limitations under subsection 

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

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

6 (2) section 147 of the Surface Transportation 

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

8 Stat. 2714); 

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

10 of 1981 (95 Stat. 1701); 

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

12 Surface Transportation Assistance Act of 1982 (96 

13 Stat. 2119); 

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

15 Surface Transportation and Uniform Relocation As16 sistance Act of 1987 (101 Stat. 198); 

17 (6) sections 1103 through 1108 of the Inter18 modal Surface Transportation Efficiency Act of 

19 1991 (105 Stat. 2027); 

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

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

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

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

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

25 of those fiscal years); 


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1 (9) Federal-aid highway programs for which ob2 ligation authority was made available under the 

3 Transportation Equity Act for the 21st Century 

4 (112 Stat. 107) or subsequent Acts for multiple 

5 years or to remain available until expended, but only 

6 to the extent that the obligation authority has not 

7 lapsed or been used; 

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

9 (but, for each of fiscal years 2005 through 2012, 

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

11 of those fiscal years); 

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

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

14 funds obligated in accordance with that section were 

15 not subject to a limitation on obligations at the time 

16 at which the funds were initially made available for 

17 obligation; and 

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

19 (but, for each of fiscal years 2013 through 2021, 

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

21 of those fiscal years). 

22 (c) DISTRIBUTION OF OBLIGATION AUTHORITY.— 

23 For each of fiscal years 2015 through 2021, the Sec24 retary— 


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

3 (A) amounts authorized for administrative 

4 expenses and programs by section 104(a) of 

5 title 23, United States Code; and 

6 (B) amounts authorized for the Bureau of 

7 Transportation Statistics; 

8 (2) shall not distribute an amount of obligation 

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

10 the unobligated balance of amounts— 

11 (A) made available from the Highway 

12 Trust Fund (other than the Mass Transit Ac13 count) or from the Highway Account of the 

14 Transportation Trust Fund for Federal-aid 

15 highway and highway safety construction pro16 grams for previous fiscal years the funds for 

17 which are allocated by the Secretary (or appor18 tioned by the Secretary under section 202 or 

19 204 of title 23, United States Code); and 

20 (B) for which obligation authority was pro21 vided in a previous fiscal year; 

22 (3) shall determine the proportion that— 

23 (A) the obligation authority provided by 

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1 gate of amounts not distributed under para2 graphs (1) and (2) of this subsection; bears to 

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

4 appropriated for the Federal-aid highway and 

5 highway safety construction programs (other 

6 than sums authorized to be appropriated for 

7 provisions of law described in paragraphs (1) 

8 through (11) of subsection (b) and sums au9 thorized to be appropriated for section 119 of 

10 title 23, United States Code, equal to the 

11 amount referred to in subsection (b)(12) for the 

12 fiscal year), less the aggregate of the amounts 

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

14 this subsection; 

15 (4) shall distribute the obligation authority pro16 vided by subsection (a), less the aggregate amounts 

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

18 each of the programs (other than programs to which 

19 paragraph (1) applies) that are allocated by the Sec20 retary under this Act and title 23, United States 

21 Code, or apportioned by the Secretary under section 

22 202 or 204 of that title, by multiplying— 

23 (A) the proportion determined under para24 graph (3); by 


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1 (B) the amounts authorized to be appro2 priated for each such program for the fiscal 

3 year; and 

4 (5) shall distribute the obligation authority pro5 vided by subsection (a), less the aggregate amounts 

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

7 the amounts distributed under paragraph (4), for 

8 Federal-aid highway and highway safety construc9 tion programs that are apportioned by the Secretary 

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

11 amounts apportioned for the national highway per12 formance program in section 119 of title 23, United 

13 States Code, that are exempt from the limitation 

14 under subsection (b)(12) and the amounts appor15 tioned under sections 202 and 204 of that title) or 

16 under this Act in the proportion that— 

17 (A) amounts authorized to be appropriated 

18 for the programs that are apportioned under 

19 title 23, United States Code, or under this Act 

20 to each State for the fiscal year; bears to 

21 (B) the total of the amounts authorized to 

22 be appropriated for the programs that are ap23 portioned under title 23, United States Code, or 

24 under this Act to all States for the fiscal year. 


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1 (d) REDISTRIBUTION OF UNUSED OBLIGATION AU2 THORITY.—Notwithstanding subsection (c), the Secretary 

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

4 2021— 

5 (1) revise a distribution of the obligation au6 thority made available under subsection (c) if an 

7 amount distributed cannot be obligated during that 

8 fiscal year; and 

9 (2) redistribute sufficient amounts to those 

10 States able to obligate amounts in addition to those 

11 previously distributed during that fiscal year, giving 

12 priority to those States having large unobligated bal13 ances of funds apportioned under sections 144 (as in 

14 effect on the day before the date of enactment of 

15 Public Law 112–141) and 104 of title 23, United 

16 States Code. 

17 (e) APPLICABILITY OF OBLIGATION LIMITATIONS TO

18 TRANSPORTATION RESEARCH PROGRAMS.— 

19 (1) IN GENERAL.—Except as provided in para20 graph (2), obligation limitations imposed by sub21 section (a) shall apply to contract authority for 

22 transportation research programs carried out 

23 under— 

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

25 Code; and 


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1 (B) title VIII of this Act. 

2 (2) EXCEPTION.—Obligation authority made 

3 available under paragraph (1) shall— 

4 (A) remain available for a period of 4 fis5 cal years; and 

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

7 limitation imposed on obligations for Federal8 aid highway and highway safety construction 

9 programs for future fiscal years. 

10 (f) REDISTRIBUTION OF CERTAIN AUTHORIZED

11 FUNDS.— 

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

13 the date of distribution of obligation authority under 

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

15 2021, the Secretary shall distribute to the States 

16 any funds (excluding funds authorized for the pro17 gram under section 202 of title 23, United States 

18 Code) that— 

19 (A) are authorized to be appropriated for 

20 the fiscal year for Federal-aid highway pro21 grams; and 

22 (B) the Secretary determines will not be 

23 allocated to the States (or will not be appor24 tioned to the States under section 204 of title 

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1 able for obligation, for the fiscal year because 

2 of the imposition of any obligation limitation for 

3 the fiscal year. 

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

5 paragraph (1) in the same proportion as the dis6 tribution of obligation authority under subsection 

7 (c)(5). 

8 (3) AVAILABILITY.—Funds distributed to each 

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

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

11 United States Code. 

12 SEC. 2003. APPORTIONMENT. 

13 (a) SECTION 104 AMENDMENTS.—Section 104 of 

14 title 23, United States Code, is amended— 

15 (1) by amending subsection (a)(1) to read as 

16 follows: 

17 ‘‘(1) IN GENERAL.—There are authorized to be 

18 appropriated from the Highway Account of the 

19 Transportation Trust Fund to be made available to 

20 the Secretary for administrative expenses of the 

21 Federal Highway Administration— 

22 ‘‘(A) $442,248,000 for fiscal year 2016; 

23 ‘‘(B) $451,248,000 for fiscal year 2017; 

24 ‘‘(C) $460,248,000 for fiscal year 2018; 

25 ‘‘(D) $469,248,000 for fiscal year 2019; 


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1 ‘‘(E) $478,633,000 for fiscal year 2020; 

2 and 

3 ‘‘(F) $488,206,000 for fiscal year 2021.’’; 

4 (2) in subsection (c)(2)— 

5 (A) by adding ‘‘and thereafter’’ after 

6 ‘‘2014’’ the first time it appears; and 

7 (B) in subparagraph (A) by adding ‘‘and 

8 each fiscal year thereafter’’ after ‘‘2014’’; and 

9 (3) by inserting at the end the following: 

10 ‘‘(h) IMPLEMENTATION OF FUTURE STRATEGIC

11 HIGHWAY RESEARCH PROGRAM FINDINGS AND RE12 SULTS.—Before making an apportionment under sub13 section (c) for each of fiscal years 2016 through 2021, 

14 the Secretary may set aside up to $25,000,000 for each 

15 fiscal year to carry out the implementation of future stra16 tegic highway research program findings and results 

17 under section 503(c)(2)(C). Funds expended under this 

18 subsection shall not be considered to be part of the extra19 mural budget of the agency for the purpose of section 9 

20 of the Small Business Act (15 U.S.C. 638).’’. 

21 (b) CONFORMING AMENDMENT.—Section 505 of title 

22 23, United States Code, is amended by striking subsection 

23 (c) and redesignating subsections (d) and (e) as (c) and 

24 (d), respectively. 


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1 SEC. 2004. FEDERAL LANDS TRANSPORTATION PROGRAM. 

2 (a) DEFINITIONS.—Section 101(a) of title 23, United 

3 States Code, is amended— 

4 (1) in paragraph (8) by striking ‘‘is adjacent 

5 to,’’; and 

6 (2) by striking paragraphs (9) and (10) and re7 designating paragraphs (11) through (34) as para8 graphs (9) through (32), respectively. 

9 (b) OTHER AMENDMENTS.—Section 203 of title 23, 

10 United States Code, is amended— 

11 (1) in subsection (a)(1), by— 

12 (A) striking ‘‘; and’’ at the end of subpara13 graph (C) and inserting a period; and 

14 (B) striking subparagraph (D); 

15 (2) in subsection (b)(1)— 

16 (A) in the matter preceding subparagraph 

17 (A), by striking ‘‘2011’’ and inserting ‘‘2012’’; 

18 and 

19 (B) in subparagraph (B)— 

20 (i) by striking ‘‘; and’’ at the end of 

21 clause (iv) and inserting a semicolon; 

22 (ii) by striking the period at the end 

23 of clause (v) and inserting ‘‘; and’’; and 

24 (iii) by inserting at the end the fol25 lowing: 

26 ‘‘(vi) the Bureau of Reclamation.’’; 


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1 (3) at the end of subsection (c)(2)(B), by in2 serting the following: 

3 ‘‘(vi) The Bureau of Reclamation.’’; 

4 and 

5 (4) by striking subsection (d). 

6 (c) PERFORMANCE MANAGEMENT.—Section 

7 203(b)(2)(B) of title 23, United States Code, is amended 

8 by inserting ‘‘performance management, including’’ after 

9 ‘‘support’’. 

10 SEC. 2005. EMERGENCY RELIEF FOR FEDERALLY OWNED 

11 ROADS. 

12 (a) FEDERAL SHARE.—Section 120(e)(2) of title 23, 

13 United States Code, is amended by striking ‘‘Federal land 

14 access transportation facilities’’ and inserting ‘‘other fed15 erally owned roads that are open to public travel (as de16 fined in section 125(e)(1) of this title)’’. 

17 (b) ELIGIBILITY.—Section 125(d)(3) of title 23, 

18 United States Code, is amended— 

19 (1) at the end of subparagraph (A) by striking 

20 ‘‘or’’; 

21 (2) at the end of subparagraph (B) by striking 

22 the period and inserting ‘‘; or’’; and 

23 (3) by inserting at the end the following: 

24 ‘‘(C) projects eligible for assistance under 

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1 cilities, Federal lands transportation facilities, 

2 or other federally owned roads that are open to 

3 public travel.’’. 

4 (c) DEFINITION.—Section 125(e) of title 23, United 

5 States Code, is amended by striking paragraph (1) and 

6 inserting the following: 

7 ‘‘(1) DEFINITIONS.—In this subsection— 

8 ‘‘(A) ‘open to public travel’ means, with re9 spect to a road, that, except during scheduled 

10 periods, extreme weather conditions, or emer11 gencies, the road is maintained and open to the 

12 general public and can accommodate travel by 

13 a standard passenger vehicle, without restrictive 

14 gates or prohibitive signs or regulations, other 

15 than for general traffic control or restrictions 

16 based on size, weight, or class of registration; 

17 and 

18 ‘‘(B) ‘standard passenger vehicle’ means a 

19 vehicle with six inches of clearance from the 

20 lowest point of the frame, body, suspension, or 

21 differential to the ground.’’. 


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1 SEC. 2006. TRIBAL HIGH PRIORITY PROJECTS PROGRAM 

2 AND TRIBAL TRANSPORTATION PROGRAM 

3 AMENDMENTS. 

4 (a) IN GENERAL.—Section 202 of title 23, United 

5 States Code, is amended as follows: 

6 (1) In subsection (a)(1)— 

7 (A) in subparagraph (A), by striking the 

8 final semicolon and inserting ‘‘; and’’; 

9 (B) in subparagraph (B), by striking ‘‘; 

10 and’’ and inserting a period; and 

11 (C) by striking subparagraph (C). 

12 (2) In subsection (b)(3)(A)(i), by striking ‘‘and 

13 subsections (c), (d), and (e)’’ and inserting ‘‘and 

14 subsections (a)(6), (c), (d), (e), and (g)’’. 

15 (3) In subsection (c)(1), by striking ‘‘2 per16 cent’’ and inserting ‘‘3 percent’’. 

17 (4) In subsection (d)(2), by striking ‘‘2 per18 cent’’ and inserting ‘‘4 percent’’. 

19 (5) Inserting after subsection (f) the following: 

20 ‘‘(g) TRIBAL HIGH PRIORITY PROJECTS PRO21 GRAM.— 

22 ‘‘(1) FUNDING.—Before making any distribu23 tion under subsection (b), the Secretary shall set 

24 aside not more than 7 percent of the funds made 

25 available for the Tribal transportation program for 

26 that fiscal year to carry out this subsection. 


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1 ‘‘(2) ELIGIBLE APPLICANTS.—Applicants eligi2 ble for program funds under this subsection in3 clude— 

4 ‘‘(A) an Indian tribe whose annual alloca5 tion of funding under subsection (b) is insuffi6 cient to complete the highest priority project of 

7 the Indian tribe; 

8 ‘‘(B) a governmental subdivision of an In9 dian tribe— 

10 ‘‘(i) that is authorized to administer 

11 the funding of the Indian tribe under this 

12 section; and 

13 ‘‘(ii) for which the annual allocation 

14 under subsection (b) is insufficient to com15 plete the highest priority project of the In16 dian tribe; or 

17 ‘‘(C) any Indian tribe or governmental sub18 division of an Indian tribe that has an emer19 gency or disaster with respect to a transpor20 tation facility included on the national inventory 

21 of Tribal transportation facilities under sub22 section (b)(1). 

23 ‘‘(3) ELIGIBLE FACILITIES AND ACTIVITIES.— 

24 To be funded under this subsection, a project— 


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1 ‘‘(A) shall be on a Tribal transportation 

2 facility that is included in the national inven3 tory of Tribal transportation facilities under 

4 subsection (b)(1); and 

5 ‘‘(B) except as specified in paragraph (4), 

6 shall be an activity eligible under— 

7 ‘‘(i) subsection (a)(1); or 

8 ‘‘(ii) the emergency relief program, 

9 authorized under section 125 of this title, 

10 but that does not meet the funding thresh11 olds under part 668 of title 23, Code of 

12 Federal Regulations. 

13 ‘‘(4) LIMITATION ON USE OF FUNDS.—Funds 

14 under this subsection shall not be used for— 

15 ‘‘(A) transportation planning; 

16 ‘‘(B) research; 

17 ‘‘(C) routine maintenance activities; 

18 ‘‘(D) structures and erosion protection un19 related to transportation and roadways; 

20 ‘‘(E) general reservation planning not in21 volving transportation; 

22 ‘‘(F) landscaping and irrigation systems 

23 not involving a transportation program or 

24 project; 


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1 ‘‘(G) work performed on a project that is 

2 not included on a transportation improvement 

3 program approved by the Federal Highway Ad4 ministration, unless otherwise authorized by the 

5 Secretary of the Interior and the Secretary; 

6 ‘‘(H) the purchase of equipment, unless 

7 otherwise authorized by Federal law; or 

8 ‘‘(I) the condemnation of land for rec9 reational trails. 

10 ‘‘(5) PROJECT APPLICATIONS; FUNDING.— 

11 ‘‘(A) IN GENERAL.—To apply for funds 

12 under this subsection, an eligible applicant shall 

13 submit to the Department of the Interior or the 

14 Department of Transportation an application 

15 that includes— 

16 ‘‘(i) project scope of work, including 

17 deliverables, budget, and timeline; 

18 ‘‘(ii) the amount of funds requested; 

19 ‘‘(iii) project information addressing— 

20 ‘‘(I) the ranking criteria identi21 fied in subparagraph (C); or 

22 ‘‘(II) the nature of the emergency 

23 or disaster; 

24 ‘‘(iv) documentation that the project 

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1 tation facility and is included in the na2 tional inventory of Tribal transportation 

3 facilities under subsection (b)(1); 

4 ‘‘(v) documentation of official Tribal 

5 action requesting the project; 

6 ‘‘(vi) documentation from the Indian 

7 tribe providing authority for the Secretary 

8 of the Interior to place the project on a 

9 transportation improvement program if the 

10 project is selected and approved; and 

11 ‘‘(vii) any other information the Sec12 retary of the Interior or Secretary con13 siders appropriate to make a determina14 tion. 

15 ‘‘(B) LIMITATION ON APPLICATIONS.—An 

16 applicant for funds under the program may 

17 only have one application for assistance under 

18 this subsection pending at any one time, includ19 ing any emergency or disaster project applica20 tion under paragraph (6). 

21 ‘‘(C) APPLICATION RANKING.— 

22 ‘‘(i) IN GENERAL.—The Secretary of 

23 the Interior and the Secretary shall deter24 mine the eligibility of, and fund, program 


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1 applications, subject to the availability of 

2 funds. 

3 ‘‘(ii) RANKING CRITERIA.—The 

4 project ranking criteria for applications 

5 under this subsection shall include— 

6 ‘‘(I) the existence of safety haz7 ards with documented fatality and in8 jury crashes; 

9 ‘‘(II) the number of years since 

10 the Indian tribe last completed a con11 struction project funded by the Indian 

12 Reservation Roads program (as in ef13 fect the day before the date of enact14 ment of MAP–21) or the Tribal 

15 Transportation Program under sec16 tion 202 of title 23, United States 

17 Code; 

18 ‘‘(III) the readiness of the Indian 

19 tribe to proceed to construction or 

20 bridge design need; 

21 ‘‘(IV) the percentage of project 

22 costs matched by funds that are not 

23 provided under this section, with 

24 projects with a greater percentage of 


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1 other sources of matching funds 

2 ranked ahead of lesser matches); 

3 ‘‘(V) the amount of funds re4 quested, with requests for lesser 

5 amounts given greater priority; 

6 ‘‘(VI) the challenges caused by 

7 geographic isolation; and 

8 ‘‘(VII) all-weather access for em9 ployment, commerce, health, safety, 

10 educational resources, or housing. 

11 ‘‘(iii) PROJECT SCORING MATRIX.— 

12 The project scoring matrix established in 

13 subpart I of part 170 of title 25, Code of 

14 Federal Regulations (as in effect on July 

15 19, 2004), shall be used to rank all appli16 cations accepted under this subsection. 

17 ‘‘(D) FUNDING PRIORITY LIST.— 

18 ‘‘(i) IN GENERAL.—The Secretary of 

19 the Interior and the Secretary shall jointly 

20 produce a funding priority list that ranks 

21 the projects approved for funding under 

22 the program. 

23 ‘‘(ii) LIMITATION.—The number of 

24 projects on the list shall be limited by the 


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1 amount of funding set aside for this sub2 section. 

3 ‘‘(E) TIMELINE.—The Secretary of the In4 terior and the Secretary shall— 

5 ‘‘(i) establish deadlines for applica6 tions; 

7 ‘‘(ii) notify all applicants and Regions 

8 in writing of acceptance of applications; 

9 ‘‘(iii) rank all accepted applications in 

10 accordance with the project scoring matrix, 

11 develop the funding priority list, and re12 turn unaccepted applications to the appli13 cant with an explanation of deficiencies; 

14 ‘‘(iv) notify all accepted applicants of 

15 the projects included on the funding pri16 ority list; and 

17 ‘‘(v) distribute funds to successful ap18 plicants. 

19 ‘‘(6) EMERGENCY OR DISASTER PROJECT AP20 PLICATIONS.— 

21 ‘‘(A) IN GENERAL.—Notwithstanding para22 graph (5)(E), an eligible applicant may submit 

23 an emergency or disaster project application at 

24 any time. 


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1 ‘‘(B) CONSIDERATION AS PRIORITY.—The 

2 Secretary of the Interior and the Secretary 

3 shall— 

4 ‘‘(i) consider project applications sub5 mitted under this paragraph to be a pri6 ority project under this subsection; and 

7 ‘‘(ii) fund the project applications in 

8 accordance with subparagraph (C). 

9 ‘‘(C) FUNDING.— 

10 ‘‘(i) IN GENERAL.—If an eligible ap11 plicant submits an application for a project 

12 under this paragraph before the issuance 

13 of the list under paragraph (5)(D) and the 

14 project is determined to be eligible for pro15 gram funds, the Secretary of the Interior 

16 and the Secretary shall provide funding for 

17 the project before providing funding for 

18 other approved projects on the list. 

19 ‘‘(ii) SUBMISSION AFTER ISSUANCE

20 OF LIST.—If an eligible applicant submits 

21 an application under this subsection after 

22 the issuance of the list under paragraph 

23 (5)(D) and the distribution of program 

24 funds in accordance with the list, the Sec25 retary of the Interior and the Secretary 


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1 shall provide funding for the project on the 

2 date on which unobligated funds provided 

3 to projects on the list are returned to the 

4 respective Department. 

5 ‘‘(iii) EFFECT ON OTHER

6 PROJECTS.—If the Secretary of the Inte7 rior and the Secretary use funding pre8 viously designated for a project on the list 

9 under paragraph (5)(D) to fund an emer10 gency or disaster project under this para11 graph, the project on the list that did not 

12 receive funding as a result of the redesig13 nation of funds shall move to the top of 

14 the list the following year. 

15 ‘‘(D) EMERGENCY OR DISASTER PROJECT

16 COST.—The cost of a project submitted as an 

17 emergency or disaster under this paragraph 

18 shall equal at least 10 percent of the distribu19 tion of funds of the Indian tribe under sub20 section (b). 

21 ‘‘(7) LIMITATION ON PROJECT AMOUNTS.— 

22 Project funding shall be limited to a maximum of 

23 $1,500,000 per application, except that funding for 

24 disaster or emergency projects shall also be limited 


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1 to the estimated cost of repairing damage to the 

2 Tribal transportation facility. 

3 ‘‘(8) COST ESTIMATE CERTIFICATION.—All cost 

4 estimates prepared for a project shall be required to 

5 be submitted by the applicant to the Secretary of the 

6 Interior or the Secretary for certification and ap7 proval.’’. 

8 (b) CONFORMING AMENDMENT.—Section 1123 of the 

9 Moving Ahead for Progress in the 21st Century Act (Pub10 lic Law 112–141) is repealed. 

11 SEC. 2007. FEDERAL LANDS ACCESS PROGRAM FEDERAL 

12 SHARE. 

13 Section 201(b)(7) of title 23, United States Code, is 

14 amended— 

15 (1) in subparagraph (A), by striking ‘‘shall be 

16 100 percent’’ and inserting ‘‘may be up to 100 per17 cent’’; and 

18 (2) in subparagraph (B), by inserting before 

19 the final period ‘‘, except that the Federal share for 

20 the cost of a project on a Federal lands access trans21 portation facility owned by a county, town, township, 

22 municipal, Tribal, or local government may be up to 

23 95 percent’’. 


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1 SEC. 2008. NATIONALLY SIGNIFICANT FEDERAL LANDS AND 

2 TRIBAL PROJECTS PROGRAM. 

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

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

5 following: 

6 ‘‘§ 207. Nationally significant Federal lands and tribal 

7 projects program 

8 ‘‘(a) PURPOSE.—The Secretary shall establish a na9 tionally significant Federal lands and tribal projects pro10 gram to provide funding needed to construct, reconstruct, 

11 or rehabilitate nationally significant Federal lands and 

12 Tribal transportation projects. 

13 ‘‘(b) APPLICANTS.— 

14 ‘‘(1) IN GENERAL.—Except as specified in 

15 paragraph (2), entities eligible to receive funds 

16 under sections 201, 202, 203 and 204 of this title 

17 may apply for funding under this program. 

18 ‘‘(2) SPECIAL RULE.—A State, county or local 

19 government may only apply if sponsored by an eligi20 ble Federal Land Management Agency or Indian 

21 tribe. 

22 ‘‘(c) ELIGIBLE PROJECTS.—An eligible project under 

23 this section shall be a single continuous project— 

24 ‘‘(1) on a Federal lands transportation facility, 

25 a Federal lands access transportation facility, or a 

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1 tion 101 of this title, except that such facility is not 

2 required to be included on an inventory as described 

3 under section 202 or 203 of title 23, United States 

4 Code; 

5 ‘‘(2) for which completion of activities required 

6 under the National Environmental Policy Act of 

7 1969 (42 U.S.C. 4321 et seq.) has been dem8 onstrated through a record of decision with respect 

9 to the project, a finding that the project has no sig10 nificant impact, or a determination that the project 

11 is categorically excluded; and 

12 ‘‘(3) having an estimated cost, based on the re13 sults of preliminary engineering, equal to or exceed14 ing $25,000,000, with priority consideration given to 

15 projects with an estimated cost equal to or exceeding 

16 $50,000,000. 

17 ‘‘(d) ELIGIBLE ACTIVITIES.—An applicant receiving 

18 funds under this section may only use such funds for con19 struction, reconstruction, and rehabilitation activities, ex20 cept that activities related to project design are not eligi21 ble. 

22 ‘‘(e) APPLICATIONS.—Applicants shall submit to the 

23 Secretary an application in such form and in accordance 

24 with such requirements as the Secretary shall establish. 


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1 ‘‘(f) SELECTION CRITERIA.—In selecting a project to 

2 receive funds under this program the Secretary shall con3 sider the extent to which the project— 

4 ‘‘(1) furthers Departmental goals such as state 

5 of good repair, environmental sustainability, eco6 nomic competitiveness, quality of life, or safety; 

7 ‘‘(2) improves the condition of critical 

8 multimodal transportation facilities; 

9 ‘‘(3) needs construction, reconstruction, or re10 habilitation; 

11 ‘‘(4) is included in or eligible for inclusion in 

12 the National Register of Historic Places; 

13 ‘‘(5) enhances environmental ecosystems; 

14 ‘‘(6) uses new technologies and innovations that 

15 enhance the efficiency of the project; 

16 ‘‘(7) is supported by funds other than those re17 ceived under this title to construct, maintain, and 

18 operate the facility; 

19 ‘‘(8) spans 2 or more States; and 

20 ‘‘(9) serves lands owned by multiple Federal 

21 agencies or Tribes.’’. 

22 (b) CONFORMING AMENDMENTS.— 

23 (1) AVAILABILITY OF FUNDS.—Section 201(b) 

24 of such title is amended— 


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1 (A) in paragraph (1), by inserting ‘‘nation2 ally significant Federal lands and tribal projects 

3 program,’’ after ‘‘Federal lands transportation 

4 program,’’; 

5 (B) in paragraph (4)(A), by inserting ‘‘na6 tionally significant Federal lands and tribal 

7 projects program,’’ after ‘‘Federal lands trans8 portation program,’’; and 

9 (C) by adding at the end of paragraph (7) 

10 the following: 

11 ‘‘(C) NATIONALLY SIGNIFICANT FEDERAL

12 LANDS AND TRIBAL PROJECTS PROGRAM.—The 

13 Federal share of the cost of a project carried 

14 out under the nationally significant Federal 

15 lands and tribal projects program may be up to 

16 100 percent.’’. 

17 (2) PLANNING.—Section 201(c)(3) of such title 

18 is amended by inserting ‘‘nationally significant Fed19 eral lands and tribal projects program’’ after ‘‘Fed20 eral lands transportation program,’’ the first time it 

21 appears. 

22 (3) ANALYSIS.—The analysis for chapter 2 of 

23 such title is amended by inserting after the item re24 lated to 206 the following: 

‘‘207. Nationally significant Federal lands and tribal projects program.’’. 


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1 SEC. 2009. FEDERAL LANDS PROGRAMMATIC ACTIVITIES. 

2 (a) TRANSPORTATION PLANNING.—Section 201(c) of 

3 title 23, United States Code, is amended— 

4 (1) in paragraph (6)(A) by— 

5 (A) inserting a period after ‘‘Tribal trans6 portation program’’; 

7 (B) inserting ‘‘Data collected to implement 

8 the Tribal transportation program shall be’’ be9 fore ‘‘in accordance with’’; and 

10 (C) striking ‘‘, including’’ and inserting ‘‘. 

11 Data collected under this paragraph includes’’; 

12 and 

13 (2) by striking paragraph (7) and inserting the 

14 following: 

15 ‘‘(7) COOPERATIVE RESEARCH AND TECH16 NOLOGY DEPLOYMENT.—The Secretary may conduct 

17 cooperative research and technology deployment in 

18 coordination with Federal land management agen19 cies, as deemed appropriate by the Secretary. 

20 ‘‘(8) FUNDING.— 

21 ‘‘(A) IN GENERAL.—To implement activi22 ties described in this subsection for Federal 

23 lands transportation facilities, Federal lands ac24 cess transportation facilities, and other federally 

25 owned roads open to public travel (as defined 

26 under section 125 of this title), the Secretary 


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1 shall combine and use not more than 5 percent 

2 for each fiscal year of the funds authorized for 

3 programs under sections 203 and 204 of this 

4 title. 

5 ‘‘(B) OTHER ACTIVITIES.—In addition to 

6 the activities specified in subparagraph (A), 

7 funds described under such subparagraph may 

8 also be used for— 

9 ‘‘(i) bridge inspections on any feder10 ally owned bridge even if such bridge is not 

11 included on the inventory, as described 

12 under section 203 of this title; and 

13 ‘‘(ii) transportation planning activities 

14 undertaken by any Federal agency. 

15 ‘‘(C) ELIGIBLE ENTITIES.—Funds de16 scribed under subparagraph (A) may be used by 

17 the following agencies: 

18 ‘‘(i) Bureau of Land Management. 

19 ‘‘(ii) Bureau of Reclamation. 

20 ‘‘(iii) Military Surface Deployment 

21 and Distribution Command. 

22 ‘‘(iv) National Park Service. 

23 ‘‘(v) Tennessee Valley Authority. 

24 ‘‘(vi) United States Air Force. 

25 ‘‘(vii) United States Army. 


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1 ‘‘(viii) United States Army Corps of 

2 Engineers. 

3 ‘‘(ix) United States Fish & Wildlife 

4 Service. 

5 ‘‘(x) United States Forest Service. 

6 ‘‘(xi) United States Navy. 

7 ‘‘(D) SPECIAL RULE.—Notwithstanding 

8 subparagraphs (A) through (C), a Federal 

9 Land Management Agency receiving funds to 

10 carry out section 203 of this title may use 

11 funds authorized for that section to meet the 

12 requirements of this subsection.’’. 

13 (b) COORDINATION.—Section 201 of such title is 

14 amended by adding at the end the following: 

15 ‘‘(f) FEDERAL LANDS TRANSPORTATION EXECUTIVE

16 COUNCIL.—The Secretary periodically shall convene and 

17 chair a Federal Lands Transportation Executive Council, 

18 which shall be composed of Secretaries of the appropriate 

19 Federal Land Management Agencies or their designees, 

20 and chaired by the Secretary or the Secretary’s designee. 

21 The purpose of the Federal Lands Transportation Execu22 tive Council is to consult on interdepartmental data stand23 ardization, technology integration, and interdepartmental 

24 consistency.’’. 


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1 SEC. 2010. BRIDGES REQUIRING CLOSURE OR LOAD RE2 STRICTIONS. 

3 Section 144(h) of title 23, United States Code, is 

4 amended by— 

5 (1) redesignating paragraphs (6) and (7) as 

6 paragraphs (7) and (8), respectively; 

7 (2) inserting after paragraph (5), the following 

8 new paragraph: 

9 ‘‘(6) BRIDGES REQUIRING CLOSURE OR LOAD

10 RESTRICTIONS.— 

11 ‘‘(A) BRIDGES OWNED BY FEDERAL AGEN12 CIES OR TRIBAL GOVERNMENTS.—If a Federal 

13 agency or Tribal government fails to ensure 

14 that any highway bridge that is open to public 

15 travel and is located within the jurisdiction of 

16 the Federal agency or Tribal government is 

17 properly closed or restricted to loads it can 

18 carry safely, the Secretary— 

19 ‘‘(i) shall, upon learning of the need 

20 to close such bridge or to restrict loads on 

21 it, require the Federal agency or Tribal 

22 government to take action necessary to— 

23 ‘‘(I) close the bridge within 48 

24 hours; or 


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1 ‘‘(II) within 30 days, restrict 

2 public travel on the bridge to loads 

3 the bridge can carry safely; and 

4 ‘‘(ii) may, if the Federal agency or 

5 Tribal government fails to take action nec6 essary under clause (i), withhold all fund7 ing authorized under this title for the Fed8 eral agency or Tribal government. 

9 ‘‘(B) OTHER BRIDGES.—If a State fails to 

10 ensure that any highway bridge (other than a 

11 bridge described in subparagraph (A)) that is 

12 open to public travel and is located within the 

13 boundaries of the State is properly closed or re14 stricted to loads it can carry safely, the Sec15 retary— 

16 ‘‘(i) shall, upon learning of the need 

17 to close such bridge or to restrict loads on 

18 it, require the State to take action nec19 essary to— 

20 ‘‘(I) close the bridge within 48 

21 hours; or 

22 ‘‘(II) within 30 days, restrict 

23 public travel on the bridge to loads 

24 the bridge can carry safely; and 


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1 ‘‘(ii) may, if the State fails to take ac2 tion necessary under clause (i), withhold 

3 approval for Federal-aid projects in such 

4 State.’’; and 

5 (3) in paragraph (8), as redesignated, by strik6 ing ‘‘(6)’’ and inserting ‘‘(7)’’. 

7 SEC. 2011. BROADBAND INFRASTRUCTURE DEPLOYMENT. 

8 (a) POLICY.—It is in the national interest for the De9 partment of Transportation and State departments of 

10 transportation to expand the use of rights-of-way on Fed11 eral-aid highways to accommodate broadband infrastruc12 ture; to ensure the safe and efficient accommodation of 

13 broadband infrastructure in the public right-of-way; to 

14 identify areas where additional broadband infrastructure 

15 is most needed; to include broadband stakeholders in the 

16 transportation planning process; to coordinate highway 

17 construction plans with other statewide telecommuni18 cations and broadband plans; and to improve broadband 

19 connectivity to rural communities and improve broadband 

20 services in urban areas. 

21 (b) ESTABLISHMENT OF BROADBAND INFRASTRUC22 TURE DEPLOYMENT INITIATIVE.— 

23 (1) IN GENERAL.—To advance the policy identi24 fied in subsection (a), the Secretary shall carry out 


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1 a broadband infrastructure deployment initiative 

2 under this section. 

3 (2) ADVANCING THE USE OF BEST PRAC4 TICES.—In order to expand the installation of 

5 broadband infrastructure, the Secretary shall require 

6 each State that receives funds under title II of this 

7 Act to meet the following requirements: 

8 (A) BROADBAND COORDINATION.—Each 

9 State department of transportation shall— 

10 (i) have a broadband utility coordi11 nator responsible for coordinating the 

12 broadband infrastructure needs of the 

13 State with Federal-aid highway projects; 

14 (ii) provide for online registration of 

15 broadband infrastructure entities that seek 

16 to be included in such broadband infra17 structure coordination efforts within the 

18 State; 

19 (iii) coordinate with other State and 

20 local agencies and broadband infrastruc21 ture entities registered with the State de22 partment of transportation under clause 

23 (ii) and the First Responder Network Au24 thority (FirstNet) as established in section 

25 6204 of the Middle Class Tax Relief and 


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1 Job Creation Act of 2012 (42 U.S.C. 

2 1424), to review areas within the State 

3 that are unserved or underserved by 

4 broadband; and 

5 (iv) include broadband infrastructure 

6 entities registered with the State depart7 ment of transportation under clause (ii) in 

8 the transportation planning processes 

9 under sections 134 and 135 of title 23, 

10 United States Code. 

11 (B) BROADBAND INFRASTRUCTURE CO12 ORDINATION PLAN.—Each State department of 

13 transportation shall— 

14 (i) based on the coordination under 

15 subparagraph (A), develop a comprehen16 sive State broadband infrastructure coordi17 nation plan to expand the adoption and de18 ployment of broadband infrastructure with19 in the State through, at a minimum, the 

20 use of rights-of-way for Federal-aid high21 ways and strategies to support increased 

22 availability and adoption in unserved and 

23 underserved areas in accordance with para24 graph (2)(A)(iii); 


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1 (ii) to the extent practicable, coordi2 nate the State broadband infrastructure 

3 coordination plan with other statewide tele4 communication or broadband plans, and 

5 with State and local transportation and 

6 land use plans; 

7 (iii) include in its State broadband in8 frastructure coordination plan strategies to 

9 minimize repeated excavations that involve 

10 the installation of broadband infrastruc11 ture in the right-of-way; and 

12 (iv) include in its State broadband in13 frastructure coordination plan strategies to 

14 support increased broadband availability 

15 and adoption in unserved and underserved 

16 areas in accordance with paragraph 

17 (2)(A)(iii). 

18 (C) RIGHT-OF-WAY ACCESS.—Notwith19 standing any other provision of law— 

20 (i) each State department of transpor21 tation shall— 

22 (I) allow the installation of 

23 broadband infrastructure in the right24 of-way of every Federal-aid highway 

25 to the extent the State holds sufficient 


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1 ownership rights to authorize such ac2 commodation; and 

3 (II) establish reasonable condi4 tions to provide right-of-way access to 

5 broadband infrastructure entities to 

6 construct, operate, and maintain 

7 broadband infrastructure, and may 

8 prohibit such uses that would ad9 versely affect highway or traffic safe10 ty. Such use and access shall be free 

11 of charge to a broadband infrastruc12 ture entity requesting access for the 

13 purposes of broadband infrastructure 

14 installation; and 

15 (ii) each State may— 

16 (I) designate one or more longi17 tudinal areas within each right-of-way 

18 to accommodate broadband infrastruc19 ture; and 

20 (II) require all broadband infra21 structure entities to locate their 

22 broadband infrastructure within such 

23 longitudinal areas. 

24 (D) INNOVATION.—Each State department 

25 of transportation shall consider new technology 


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1 and construction practices that would allow for 

2 the safe and efficient accommodation of 

3 broadband infrastructure in the right-of-way. 

4 (3) STATE FLEXIBILITY.—A State meeting the 

5 requirements under paragraph (2) may use funds 

6 authorized for the surface transportation program 

7 under section 133 of title 23, United States Code, 

8 and the national highway performance program 

9 under section 119 of such title, to install broadband 

10 infrastructure as part of a Federal-aid highway 

11 project located in an area identified under paragraph 

12 (2)(A)(iii), and the broadband infrastructure may be 

13 utilized to support non-transportation purposes in 

14 addition to transportation purposes. 

15 (c) DEFINITIONS.—In this section, the following defi16 nitions apply: 

17 (1) BROADBAND INFRASTRUCTURE.—The term 

18 ‘‘broadband infrastructure’’ means buried or aerial 

19 facilities, wireless or wireline connection that enables 

20 users to send and receive voice, video, data, graph21 ics, or a combination thereof. 

22 (2) BROADBAND INFRASTRUCTURE ENTITY.— 

23 The term ‘‘broadband infrastructure entity’’ means 

24 any entity that installs, owns, or operates broadband 


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1 infrastructure and provides services to members of 

2 the public. 

3 (3) RIGHT-OF-WAY.—The term ‘‘right-of-way’’ 

4 means any real property, or interest therein, ac5 quired, dedicated, or reserved for the construction, 

6 operation, and maintenance of a Federal-aid high7 way. 

8 (4) STATE.—The term ‘‘State’’ means any of 

9 the 50 States, the District of Columbia, or Puerto 

10 Rico. 

11 SEC. 2012. CRITICAL IMMEDIATE INVESTMENTS PROGRAM. 

12 (a) ESTABLISHMENT.—The Secretary shall establish 

13 a program under this section to make critical and imme14 diate improvements to infrastructure and highway safety. 

15 This program shall include— 

16 (1) the interstate bridge revitalization initiative 

17 under subsection (b); 

18 (2) the systemic safety initiative under sub19 section (c); and 

20 (3) the state of good repair initiative under sub21 section (d). 

22 (b) INTERSTATE BRIDGE REVITALIZATION INITIA23 TIVE.— 

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1 section for a fiscal year among States in the ratio 

2 that— 

3 (A) the amount of funds that the Secretary 

4 apportions to the State for such fiscal year for 

5 the national highway performance program 

6 under section 104(b)(1) of title 23, United 

7 States Code; bears to 

8 (B) the amount of funds that the Sec9 retary apportions to all States for such fiscal 

10 year for such program under such section. 

11 (2) USE OF FUNDS.— 

12 (A) IF ABOVE THRESHOLD.—If the Sec13 retary determines that more than 5 percent of 

14 the total deck area of bridges on the Interstate 

15 System in a State is located on bridges that the 

16 Secretary has classified as structurally defi17 cient, the State may use funds under this sub18 section to repair, rehabilitate, or replace struc19 turally deficient bridges on the Interstate Sys20 tem. 

21 (B) IF BELOW THRESHOLD.—If the Sec22 retary determines that less than 5 percent of 

23 the total deck area of bridges on the Interstate 

24 System in a State is located on bridges that the 

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1 cient, the State may use funds under this sub2 section to repair, rehabilitate, or replace struc3 turally deficient bridges on the National High4 way System. 

5 (C) EXCLUSION.—A State may not use 

6 funds under this subsection to construct a new 

7 bridge except as a replacement for an eligible 

8 structurally deficient bridge. 

9 (c) SYSTEMIC SAFETY INITIATIVE.— 

10 (1) DISTRIBUTION OF FUNDS.— 

11 (A) APPORTIONMENT.—Subject to sub12 paragraph (B), the Secretary shall apportion 

13 funds made available to carry out this sub14 section for a fiscal year among States in the 

15 ratio specified in subsection (b)(1). 

16 (B) RESERVATION OF FUNDS.—Before ap17 portioning funds under paragraph (1) in a fis18 cal year, the Secretary shall reserve 

19 $150,000,000 under this subsection for use 

20 under paragraph (3). 

21 (2) ELIGIBLE USES OF FUNDS.— 

22 (A) IN GENERAL.—A State may use funds 

23 under this subsection on— 

24 (i) systemic safety improvements that 

25 are— 


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1 (I) eligible uses of funding under 

2 section 148 of title 23, United States 

3 Code; 

4 (II) consistent with the State’s 

5 strategic highway safety plan under 

6 such section; and 

7 (III) located on a highway that is 

8 not owned by the State; and 

9 (ii) data improvement activities (or 

10 safety data systems) related to highways 

11 described in clause (i)(III). 

12 (B) SPECIAL RULE.—Notwithstanding sub13 paragraph (A)(i)(III), if a State, in the judg14 ment of the Secretary, meets its infrastructure 

15 safety needs relating to systemic safety im16 provements on highways that are not owned by 

17 the State, the State may use funds under this 

18 subsection on such an improvement— 

19 (i) that is located on a highway owned 

20 by the State; and 

21 (ii) that meets the requirements of 

22 subparagraphs (A)(i)(I) and (A)(i)(II). 

23 (3) BUILD TO EVALUATE.— 

24 (A) IN GENERAL.—The Secretary shall 

25 provide grants under this paragraph to— 


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1 (i) allow local agencies to implement 

2 systemic safety improvements; and 

3 (ii) enable the Secretary to evaluate 

4 the effectiveness and in-service perform5 ance of such improvements. 

6 (B) ELIGIBLE APPLICANTS.—A local agen7 cy seeking to receive a grant under this para8 graph shall— 

9 (i) submit to the Secretary an applica10 tion in such form and in accordance with 

11 such requirements as the Secretary shall 

12 establish; and 

13 (ii) agree to provide the Secretary 

14 with data and access sufficient, in the 

15 judgment of the Secretary, to allow the 

16 Secretary to rigorously evaluate the effec17 tiveness and in-service performance of the 

18 projects that the agency implements with 

19 such a grant. 

20 (4) DEFINITIONS.—In this subsection, the 

21 terms ‘‘data improvement activities,’’ ‘‘safety data 

22 system,’’ ‘‘systemic safety improvement’’ and ‘‘stra23 tegic highway safety plan’’ have the same meaning 

24 as in section 148 of title 23, United States Code. 

25 (d) STATE OF GOOD REPAIR INITIATIVE.— 


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1 (1) APPORTIONMENT.—The Secretary shall ap2 portion funds made available to carry out this sub3 section for a fiscal year among States in the ratio 

4 specified in subsection (b)(1). 

5 (2) ELIGIBLE USES OF FUNDS.— 

6 (A) IN GENERAL.—Subject to subpara7 graph (B), a State may use funds under this 

8 subsection to— 

9 (i) reconstruct, resurface, restore, re10 habilitate, or preserve a highway on the 

11 National Highway System; or 

12 (ii) replace, rehabilitate, preserve, or 

13 protect a bridge or tunnel on the National 

14 Highway System. 

15 (B) PRESERVATION PROJECTS.—A State 

16 may use 50 percent of the funds that the Sec17 retary apportions to the State under paragraph 

18 (1) only for preservation or rehabilitation 

19 projects under subparagraph (A) that would 

20 prevent or reduce the need for more costly fu21 ture repair or replacement. 

22 (3) USE OF SYSTEMS.—In selecting projects to 

23 fund under this subsection, a State shall use infor24 mation from its pavement and bridge management 

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1 mediate action to preserve the asset and avoid fur2 ther deterioration. 

3 (e) TRANSFERS.—Notwithstanding subsection (d), a 

4 State may transfer up to 100 percent of its apportionment 

5 under such subsection— 

6 (1) to its apportionment under subsection (b) if, 

7 in the judgment of the Secretary, such transfer will 

8 help the State to meet the performance targets that 

9 the State has established under section 150(d) of 

10 title 23, United States Code, in relation to the na11 tional highway performance program; or 

12 (2) to its apportionment under subsection (c) if, 

13 in the judgment of the Secretary, such transfer will 

14 help the State to meet the performance targets that 

15 the State has established under section 150(d) of 

16 such title in relation to the highway safety improve17 ment program. 

18 (f) ADMINISTRATION OF FUNDS.— 

19 (1) AVAILABILITY OF FUNDS.—Of the funds 

20 authorized for each fiscal year for the Critical Imme21 diate Safety Investments Program— 

22 (A) 25 percent shall be available for the 

23 Interstate Bridge Revitalization Initiative under 

24 subsection (b); 


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1 (B) 25 percent shall be available for the 

2 Systemic Safety Initiative under subsection (c); 

3 and 

4 (C) 50 percent shall be available for the 

5 State of Good Repair Initiative under sub6 section (d). 

7 (2) CONTRACT AUTHORITY.—Except as speci8 fied in paragraph (2), funds made available for the 

9 program under this section shall be available for ob10 ligation and administered as if apportioned under 

11 chapter 1 of title 23, United States Code. 

12 (3) FEDERAL SHARE.— 

13 (A) IN GENERAL.—The Federal share of 

14 the cost of a project under this section may be 

15 up to 80 percent of the total project cost. 

16 (B) USE OF OTHER FEDERAL FUNDS.—A 

17 State may use to pay the non-Federal share of 

18 a project under this section Federal funds ap19 portioned or allocated to the State under title 

20 23, United States Code. 

21 SEC. 2013. APPALACHIAN DEVELOPMENT HIGHWAY SYS22 TEM. 

23 Subsections (b) and (c) of section 1528 of the Moving 

24 Ahead for Progress in the 21st Century Act (Public Law 

25 112–141; 126 Stat. 582) are amended by striking ‘‘shall 


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1 be 100 percent’’ and inserting ‘‘shall be up to 100 per2 cent’’ each place it appears. 

3 SEC. 2014. HIGHWAY SAFETY DATA IMPROVEMENT. 

4 Section 148 of title 23, United States Code, is 

5 amended by adding at the end the following: 

6 ‘‘(k) FUNDS FOR HIGHWAY SAFETY DATA IMPROVE7 MENT.— 

8 ‘‘(1) RESERVATION OF FUNDS.— 

9 ‘‘(A) IN GENERAL.—Before making an ap10 portionment under section 104(c) for a fiscal 

11 year, the Secretary shall set aside, for highway 

12 safety data improvement activities on all public 

13 roads, from the funds described in subpara14 graph (B), the amount specified for that fiscal 

15 year in subparagraph (C). 

16 ‘‘(B) SOURCE OF FUNDS.—The funds re17 ferred to in subparagraph (A) are amounts au18 thorized to be appropriated out of the Highway 

19 Account of the Transportation Trust Fund for 

20 that fiscal year for the national highway per21 formance program under section 119, the sur22 face transportation program under section 133, 

23 the highway safety improvement program under 

24 section 148, the congestion mitigation and air 


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1 quality improvement program under section 

2 149, and to carry out section 134. 

3 ‘‘(C) AMOUNT RESERVED.—The amounts 

4 to be reserved under subparagraph (A) are— 

5 ‘‘(i) $100,000,000 for fiscal year 

6 2016; 

7 ‘‘(ii) $100,000,000 for fiscal year 

8 2017; 

9 ‘‘(iii) $80,000,000 for fiscal year 

10 2018; 

11 ‘‘(iv) $80,000,000 for fiscal year 

12 2019; 

13 ‘‘(v) $70,000,000 for fiscal year 2020; 

14 and 

15 ‘‘(vi) $70,000,000 for fiscal year 

16 2021. 

17 ‘‘(2) APPORTIONMENT TO STATES.—The Sec18 retary shall apportion funds set aside under this 

19 subsection for a fiscal year among States in the 

20 ratio that— 

21 ‘‘(A) the amount of funds that the Sec22 retary apportions to each State for such fiscal 

23 year for the highway safety improvement pro24 gram under section 104(b)(3); bears to 


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1 ‘‘(B) the amount of funds that the Sec2 retary apportions to all States for such fiscal 

3 year for such program under such section. 

4 ‘‘(3) USE OF FUNDS.—Before using funds set 

5 aside under this subsection for other data improve6 ment activities eligible under this section, a State 

7 shall first prioritize such funds for the collection, 

8 maintenance, and use of the following data elements 

9 as part of the State’s safety data system— 

10 ‘‘(A) the subset of the model inventory of 

11 roadway elements established under subsection 

12 (f)(2) of this section; 

13 ‘‘(B) horizontal curves; and 

14 ‘‘(C) inventories of implemented safety im15 provements and sharing such information with 

16 other States. 

17 ‘‘(4) SPECIAL RULE.—A State may use funds 

18 set aside under this subsection for any project eligi19 ble under this section if the State certifies to the 

20 Secretary that the State has met all of the State’s 

21 needs for highway safety data improvement.’’. 


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1 Subtitle B—Performance 

2 Management 

3 SEC. 2101. PERFORMANCE MANAGEMENT DATA SUPPORT 

4 PROGRAM. 

5 (a) PERFORMANCE MANAGEMENT DATA SUPPORT

6 PROGRAM.—Section 150 of title 23, United States Code, 

7 is amended by inserting at the end the following: 

8 ‘‘(f) PERFORMANCE MANAGEMENT DATA SUP9 PORT.—To assist metropolitan planning organizations, 

10 States, and the Department in carrying out performance 

11 management analyses, including the performance manage12 ment requirements of this chapter, the Secretary shall cre13 ate and maintain data sets and data analysis tools. Such 

14 activities may include— 

15 ‘‘(1) collecting and distributing vehicle probe 

16 data describing traffic on the National Highway 

17 System; 

18 ‘‘(2) collecting household travel behavior data 

19 crossing local jurisdictional boundaries to accommo20 date external and through travel; 

21 ‘‘(3) enhancing existing data collection and 

22 analysis tools to accommodate performance meas23 ures, targets, and related data; 


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1 ‘‘(4) enhancing existing data analysis tools to 

2 improve performance predictions in reports described 

3 in subsection (e) or section 5405 of title 49; and 

4 ‘‘(5) developing tools to improve performance 

5 analysis and evaluate the effects of project invest6 ments on performance.’’. 

7 (b) FEDERAL SHARE.—Section 120 of such title is 

8 amended by adding at the end the following: 

9 ‘‘(l) PERFORMANCE MANAGEMENT DATA SUPPORT

10 PROGRAM.—The Federal share payable on account of an 

11 activity under the performance management data support 

12 program under section 150(f) shall be 100 percent of the 

13 cost of the activity.’’. 

14 SEC. 2102. PERFORMANCE PERIOD ADJUSTMENT. 

15 (a) HIGHWAY SAFETY IMPROVEMENT PROGRAM.— 

16 Section 148(i) of title 23, United States Code, is amended 

17 in the matter preceding paragraph (1), by striking ‘‘by 

18 the date that is 2 years after the date of the establishment 

19 of the performance targets’’. 

20 (b) NATIONAL HIGHWAY PERFORMANCE PRO21 GRAM.—Section 119 of title 23, United States Code, is 

22 amended— 

23 (1) in subsection (e)(7), by striking ‘‘for 2 con24 secutive reports submitted under this paragraph 

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1 serting ‘‘shall include as part of the performance 

2 target report’’; and 

3 (2) in subsection (f)(1)(A), by striking ‘‘If, dur4 ing 2 consecutive reporting periods, the condition of 

5 the Interstate System, excluding bridges on the 

6 Interstate System, in a State falls’’ and inserting ‘‘If 

7 a State reports that the condition of the Interstate 

8 System, excluding bridges on the Interstate System, 

9 has fallen’’. 

10 SEC. 2103. MULTIMODAL ACCOMMODATIONS. 

11 (a) DESIGN STANDARDS.—Section 109 of title 23, 

12 United States Code, is amended— 

13 (1) in subsection (c)— 

14 (A) in paragraph (1)— 

15 (i) by striking ‘‘may take into ac16 count’’ and inserting ‘‘shall take into ac17 count’’; and 

18 (ii) by striking paragraph (1)(C) and 

19 inserting the following: 

20 ‘‘(C) access and safety for users of all fore21 seeable modes of transportation.’’; and 

22 (B) in paragraph (2), by striking ‘‘may de23 velop’’ and inserting ‘‘shall develop’’; and 

24 (2) in subsection (m), by— 

25 (A) striking ‘‘and light motorcycles’’; and 


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1 (B) inserting ‘‘, safe, convenient, and con2 tinuous’’ before ‘‘alternate route’’. 

3 (b) TRANSPORTATION ALTERNATIVES.— 

4 (1) FEDERAL SHARE.—Section 120 of title 23, 

5 United States Code, as amended by this Act, is fur6 ther amended by adding at the end the following: 

7 ‘‘(m) TRANSPORTATION ALTERNATIVES PROGRAM.— 

8 The Federal share requirements under this section appli9 cable to the transportation alternatives program under 

10 section 213 of this title may be met based on— 

11 ‘‘(1) an individual project or activity under that 

12 section; or 

13 ‘‘(2) a program of projects or activities ap14 proved under subsection (c)(6)(B) of that section.’’. 

15 (2) RESERVATION OF FUNDS.—Section 213 of 

16 such title is amended in subsection (a)(1) by striking 

17 ‘‘of fiscal years 2013 and 2014’’ and inserting ‘‘fis18 cal year’’. 

19 (3) ELIGIBLE ENTITIES.—Section 213(c)(4)(B) 

20 of such title is amended by— 

21 (A) redesignating clauses (vi) and (vii) as 

22 clauses (viii) and (ix); and 

23 (B) inserting after clause (v) the following: 

24 ‘‘(vi) a nonprofit organization; 


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1 ‘‘(vii) a metropolitan planning organi2 zation that is not developing the competi3 tive process for funding;’’. 

4 (4) PROGRAM OF PROJECTS.—Section 213(c) of 

5 such title is further amended by adding at the end 

6 the following: 

7 ‘‘(6) PROGRAM OF PROJECTS.—Funds may be 

8 obligated under this section for— 

9 ‘‘(A) a project or activity eligible under 

10 subsection (b); or 

11 ‘‘(B) a program of projects or activities eli12 gible under that subsection. 

13 ‘‘(7) ADMINISTRATION.— 

14 ‘‘(A) SUBMISSION OF PROJECT AGREE15 MENT.—For each fiscal year, each State shall 

16 submit a project agreement that— 

17 ‘‘(i) certifies that the State will meet 

18 all the requirements of this section; and 

19 ‘‘(ii) notifies the Secretary of the 

20 amount of obligations needed to carry out 

21 the program under this section. 

22 ‘‘(B) REQUEST FOR ADJUSTMENTS OF

23 AMOUNTS.—Each State shall request from the 

24 Secretary such adjustments to the amount of 


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1 obligations referred to in subparagraph (A)(ii) 

2 as the State determines to be necessary. 

3 ‘‘(C) EFFECT OF APPROVAL BY THE SEC4 RETARY.—Approval by the Secretary of a 

5 project agreement under subparagraph (A) 

6 shall be deemed a contractual obligation of the 

7 United States to pay funds made available 

8 under this title.’’. 

9 Subtitle C—Improved Federal 

10 Stewardship 

11 SEC. 2201. PROJECT APPROVAL AND OVERSIGHT. 

12 Section 106(g)(4) of title 23, United States Code, is 

13 amended by inserting at the end the following: 

14 ‘‘(C) FUNDING.— 

15 ‘‘(i) IN GENERAL.—Subject to project 

16 approval by the Secretary, and the limita17 tion in clause (iv), a State may use funds 

18 made available to the State under section 

19 133(d)(1)(B) to carry out its administra20 tion and oversight responsibilities under 

21 subparagraph (A). 

22 ‘‘(ii) APPROVAL BY SECRETARY.—To 

23 obligate such funds under this subpara24 graph, the State shall, prior to the begin25 ning of the fiscal year, submit to the SecVerDate Sep 11 2014 01:21 Jul 18, 2015 Jkt 049200 PO 00000 Frm 00234 Fmt 6652 Sfmt 6201 E:\BILLS\H3064.IH H3064

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1 retary for review and approval an annual 

2 work plan identifying activities to be car3 ried out during the fiscal year. 

4 ‘‘(iii) FEDERAL SHARE.—The Federal 

5 share of the cost of activities carried out in 

6 accordance with this subparagraph shall 

7 not exceed 80 percent. 

8 ‘‘(iv) LIMITATION.—A State’s obliga9 tion of funds under this subparagraph 

10 shall not exceed an amount equal to 3 per11 cent of the State’s apportioned funds avail12 able for obligation in a fiscal year as speci13 fied in section 133(d)(1)(B).’’. 

14 Subtitle D—Other 

15 SEC. 2301. LETTING OF CONTRACTS. 

16 Section 112 of title 23, United States Code, is 

17 amended by inserting the following at the end: 

18 ‘‘(h) LOCAL HIRING.— 

19 ‘‘(1) IN GENERAL.—The Secretary or recipient 

20 of assistance under the Federal-aid highway pro21 gram may advertise, post job opportunities on State 

22 job banks and with One Stop centers established 

23 under the Workforce Innovation and Opportunity 

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1 uals residing in or adjacent to any of the areas in 

2 which the work is to be performed under the con3 tract, provided that— 

4 ‘‘(A) all or part of the construction work 

5 performed under the contract occurs in an area 

6 that has— 

7 ‘‘(i) a per capita income of 80 percent 

8 or less of the national average; or 

9 ‘‘(ii) an unemployment rate that is, 

10 for the most recent 24-month period for 

11 which data are available, at least 1 percent 

12 greater than the national average unem13 ployment rate; 

14 ‘‘(B) the estimated cost of the project of 

15 which the contract is a part is greater than $10 

16 million; and 

17 ‘‘(C) the recipient may not require the hir18 ing of individuals who do not have the nec19 essary skills to perform work in any craft or 

20 trade, except for individuals who are subject to 

21 skills training, on the job training, and work22 based learning, including apprenticeship pro23 grams that are registered under the National 

24 Apprenticeship Act (29 U.S.C. 50 et seq.), or 


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1 other training program meeting the require2 ments of section 140 of this title. 

3 ‘‘(2) ADVERTISEMENT.—In advertising and 

4 awarding a contract under this subsection, the Sec5 retary or recipient of assistance shall ensure that the 

6 requirements contained in the advertisement would 

7 not— 

8 ‘‘(A) compromise the quality of the project; 

9 ‘‘(B) unreasonably delay the completion of 

10 the project; or 

11 ‘‘(C) unreasonably increase the cost of the 

12 project. 

13 ‘‘(i) PERMISSIBLE RESTRICTIONS.—A State or local 

14 law governing contracting practices that prohibits the 

15 awarding of contracts to businesses that have solicited or 

16 made contributions to political candidates, political parties 

17 and holders of public office does not violate the require18 ments of this section.’’. 

19 SEC. 2302. CONSTRUCTION OF FERRY BOATS AND FERRY 

20 TERMINAL FACILITIES. 

21 Section 1801(e) of the SAFETEA–LU (23 U.S.C. 

22 129 note; Public Law 109–59), as amended by section 

23 1121 of the MAP–21 (Public Law 112–141), is amended 

24 in paragraph (4)(D) by striking ‘‘2014’’ and inserting 

25 ‘‘2018’’. 


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1 SEC. 2303. GREEN STORMWATER INFRASTRUCTURE. 

2 (a) ELIGIBILITY FOR ENVIRONMENTAL RESTORA3 TION AND POLLUTION ABATEMENT.—Section 328(a) of 

4 title 23, United States Code, is amended by striking ‘‘con5 struction of stormwater treatment systems’’ and inserting 

6 ‘‘construction of stormwater treatment systems or green 

7 stormwater infrastructure’’. 

8 (b) ELIGIBILITY UNDER SURFACE TRANSPORTATION

9 PROGRAM.—Section 133(b) of such title is amended— 

10 (1) in paragraph (2) by inserting ‘‘and green 

11 infrastructure’’ after ‘‘material’’; and 

12 (2) in paragraph (7) by striking ‘‘wildlife,’’ and 

13 inserting ‘‘wildlife or stormwater,’’. 

14 SEC. 2304. ELIMINATION OR MODIFICATION OF CERTAIN 

15 FHWA REPORTING REQUIREMENTS. 

16 (a) FUNDAMENTAL PROPERTIES OF ASPHALTS RE17 PORT.—Section 6016 of the Intermodal Surface Transpor18 tation Efficiency Act of 1991 (23 U.S.C. 307 note) is 

19 amended by striking subsection (g). 

20 (b) PROJECTS OF REGIONAL AND NATIONAL SIG21 NIFICANCE ANNUAL REPORT.—Section 1301 of the Safe, 

22 Accountable, Flexible, Efficient Transportation Equity 

23 Act: A Legacy for Users (23 U.S.C. 101 note) is amended 

24 by striking subsection (k). 

25 (c) EXPRESS LANE DEMONSTRATION PROGRAM RE26 PORTS.—Section 1604 of the Safe, Accountable, Flexible, 


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1 Efficient Transportation Equity Act: A Legacy for Users 

2 (23 U.S.C. 129 note) is amended by striking subsection 

3 (b)(7)(B). 

4 (d) SURFACE TRANSPORTATION PROJECT DELIVERY

5 PILOT PROGRAM.—Section 327 of title 23, United States 

6 Code, is amended— 

7 (1) by striking subsection (i); and 

8 (2) by redesignating subsection (j) as sub9 section (i). 

10 (e) EXPEDIENT DECISIONS AND REVIEWS RE11 PORT.—Section 139(h)(7)(B) of title 23, United States 

12 Code, is amended by striking ‘‘every 120 days’’ and insert13 ing in its place ‘‘annually’’. 

14 TITLE III—PUBLIC 

15 TRANSPORTATION 

16 SEC. 3001. SHORT TITLE; AMENDMENTS TO TITLE 49, 

17 UNITED STATES CODE. 

18 (a) SHORT TITLE.—This title may be cited as the 

19 ‘‘Federal Public Transportation Act of 2015’’. 

20 (b) AMENDMENT OF TITLE 49.—Except as otherwise 

21 expressly provided, whenever in this title an amendment 

22 or repeal is expressed in terms of an amendment to, or 

23 a repeal of, a section or other provision, the reference shall 

24 be considered to be made to a section or other provision 

25 of title 49, United States Code. 


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1 SEC. 3002. DEFINITIONS. 

2 Section 5302 is amended— 

3 (1) by redesignating paragraphs (2) through 

4 (23) as paragraphs (3) through (24), respectively; 

5 (2) by inserting a new paragraph (2) to read as 

6 follows: 

7 ‘‘(2) BASE-MODEL BUS.—The term ‘base-model 

8 bus’ means a heavy-duty public transportation bus 

9 manufactured to meet, but not exceed, transit spe10 cific minimum performance criteria developed by the 

11 Secretary.’’; 

12 (3) by revising paragraph (5), redesignated, to 

13 read as follows: 

14 ‘‘(5) DESIGNATED RECIPIENT.—The term ‘des15 ignated recipient’ means— 

16 ‘‘(A) an entity designated, in accordance 

17 with the planning process under sections 5303 

18 and 5304 of this title, by the governor of a 

19 State, responsible local officials, and publicly 

20 owned operators of public transportation, to re21 ceive and apportion amounts under section 

22 5336 of this title to urbanized areas of 200,000 

23 or more in population; 

24 ‘‘(B) a State that receives and apportions 

25 amounts under sections 5310, 5336, 5337 and 

26 5339 of this title to urbanized areas of less 


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1 than 200,000 in population notwithstanding 

2 such an area’s designated as a transportation 

3 management area to pursuant section 5303; or 

4 ‘‘(C) a State, or State authority, if the au5 thority is responsible under the laws of a State 

6 for a capital project and for financing and di7 rectly providing public transportation.’’; and 

8 (4) by inserting a new paragraph at the end to 

9 read as follows: 

10 ‘‘(25) VALUE CAPTURE.—The term ‘value cap11 ture’ means recovering the increased value to prop12 erty located near public transportation resulting 

13 from investments in public transportation.’’. 

14 SEC. 3002a. CAPITAL INVESTMENT GRANTS. 

15 Section 5309 is amended— 

16 (1) In subsection (a), by adding a new para17 graph (8) at the end to read as follows: 

18 ‘‘(8) VERY SMALL STARTS.—The term ‘very 

19 small starts’ means a project for new corridor or re20 gional based bus service with premium features that 

21 is located in an area with a population of fewer than 

22 200,000 individuals, as determined by the Bureau of 

23 the Census.’’; 

24 (2) in subsection (b)— 

25 (A) in paragraph (1) by striking ‘‘and’’; 


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1 (B) by redesignating paragraph (2) as 

2 paragraph (3); and 

3 (C) by adding a new paragraph (2) to 

4 reads as follows: 

5 ‘‘(2) a very small starts project; and’’; 

6 (3) in subsection (c)(1), by striking ‘‘for new 

7 fixed guideway capital projects, small start projects, 

8 or core capacity improvement project,’’; 

9 (4) in subsection (l)(1), by adding at the end 

10 the following: 

11 ‘‘A grant for a very small starts project shall 

12 not exceed 80 percent of the net capital project 

13 cost.’’; and 

14 (5) by adding at the end a new subsection (p) 

15 to read as follows: 

16 ‘‘(p) VERY SMALL STARTS PROJECTS.— 

17 ‘‘(1) IN GENERAL.—A very small starts project 

18 shall be subject to the requirements of this sub19 section. 

20 ‘‘(2) The Secretary shall define a process by 

21 which an applicant develops sufficient information to 

22 enable the Secretary to make findings of project jus23 tification and local financial commitment under this 

24 subsection. 


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1 ‘‘(3) SELECTION CRITERIA.—The Secretary 

2 may provide financial assistance for a very small 

3 starts project under this subsection only if the Sec4 retary determines that the project— 

5 ‘‘(A) is based on the results of an analysis 

6 of the benefits of the project in accordance with 

7 criteria established by the Secretary; and 

8 ‘‘(B) is supported by an acceptable degree 

9 of local financial commitment. 

10 ‘‘(4) GRANTS AND EXPEDITED GRANT AGREE11 MENTS.— 

12 ‘‘(A) IN GENERAL.—The Secretary, to the 

13 maximum extent practicable, shall provide Fed14 eral assistance under this subsection in a single 

15 grant. If the Secretary cannot provide such a 

16 single grant, the Secretary may execute an ex17 pedited grant agreement in order to provide a 

18 commitment on the part of the Secretary to 

19 provide funding for the project in future fiscal 

20 years. 

21 ‘‘(B) TERMS OF EXPEDITED GRANT

22 AGREEMENTS.—In executing an expedited grant 

23 agreement under this subsection, the Secretary 

24 may include in the agreement similar terms to 

25 those established under subsection (k)(2). 


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1 ‘‘(C) NOTICE OF PROPOSED GRANTS AND

2 EXPEDITED GRANT AGREEMENTS.—At least 10 

3 days before making a grant award or entering 

4 into a grant agreement for a project under this 

5 subsection, the Secretary shall notify, in writ6 ing, the Committee on Transportation and In7 frastructure and the Committee on Appropria8 tions of the House of Representatives and the 

9 Committee on Banking, Housing, and Urban 

10 Affairs and the Committee on Appropriations of 

11 the Senate of the proposed grant or expedited 

12 grant agreement, as well as the evaluations and 

13 ratings for the project.’’. 

14 SEC. 3003. FORMULA GRANTS FOR ENHANCED MOBILITY. 

15 Section 5310(a)(1) of title 49, United States Code, 

16 is amended by inserting ‘‘, a local governmental entity,’’ 

17 after ‘‘designated recipient’’. 

18 SEC. 3004. FORMULA GRANTS FOR RURAL AREAS. 

19 Section 5311 is amended— 

20 (1) by revising subsection (c)(1)(B) to read as 

21 follows: 

22 ‘‘(B) $30,000,000 in fiscal year 2016, 

23 $30,871,500 in fiscal year 2017, $31,764,700 

24 in fiscal year 2018, $32,680,141 in fiscal year 

25 2019, $33,618,377 in fiscal year 2020, and 


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1 $34,579,974 in fiscal year 2021 shall be appor2 tioned as formula grants, as provided in sub3 section (j).’’; 

4 (2) in subsection (g)(2)— 

5 (A) in paragraph (A), by striking ‘‘by sub6 paragraph (B)’’ and inserting ‘‘otherwise in this 

7 paragraph’’; and 

8 (B) by adding at the end as follows: 

9 ‘‘(C) MAINTENANCE OF EFFORT.—Not10 withstanding subparagraphs (A) and (B), a 

11 grant under this section for operating assist12 ance may be for 80 percent of the net operating 

13 costs of the project, as determined by the Sec14 retary, provided the recipient shall enter into 

15 such agreement as the Secretary may require to 

16 ensure that the recipient will maintain its public 

17 transportation capital and operating expendi18 tures in such fiscal year at or above the average 

19 level of such expenditures for the preceding 3 

20 fiscal years. 

21 ‘‘(D) EXCEPTION.—A State entering into 

22 an agreement pursuant to subparagraph (C) 

23 and described in section 120(b) of title 23 shall 

24 receive a Government share of the net operating 


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1 costs in accordance with the formula under that 

2 section.’’; 

3 (3) in subsection (j)(1)(A)(iii), by striking 

4 ‘‘Tribal lands (as defined by the Bureau of Census)’’ 

5 and inserting ‘‘American Indian Areas, Alaska Na6 tive Areas, and Hawaiian Home Lands, as defined 

7 by the Bureau of the Census,’’; and 

8 (4) by revising subsection (j)(1)(B) to read as 

9 follows: 

10 ‘‘(B) LIMITATION.— 

11 ‘‘(i) Notwithstanding subparagraph 

12 (A), no recipient shall receive an appor13 tionment under this subsection that is less 

14 than $20,000; and 

15 ‘‘(ii) No recipient shall receive more 

16 than $300,000 of the amounts apportioned 

17 under subparagraph (A)(iii) in a fiscal 

18 year.’’. 

19 SEC. 3005. WORKFORCE DEVELOPMENT PROGRAMS. 

20 (a) IN GENERAL.—Section 5322 is amended to read 

21 as follows: 

22 ‘‘§ 5322. Workforce development programs 

23 ‘‘(a) IN GENERAL.—The Secretary, in consultation 

24 with the Secretary of Labor, may undertake, or make 

25 grants, cooperative agreements, other agreements, or 


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1 enter into contracts for programs that address human re2 source needs as they apply to public transportation. A pro3 gram may include— 

4 ‘‘(1) an employment training program; 

5 ‘‘(2) an outreach program to increase employ6 ment of minorities, women, and individuals with dis7 abilities in public transportation activities; 

8 ‘‘(3) research on public transportation per9 sonnel and training need; and 

10 ‘‘(4) training and assistance for minority busi11 ness opportunities. 

12 ‘‘(b) LADDERS OF OPPORTUNITY PUBLIC TRANSPOR13 TATION GRANT PROGRAM.— 

14 ‘‘(1) IN GENERAL.—The Secretary shall under15 take, make grants or cooperative agreements, or 

16 enter into contracts to establish, conduct and admin17 ister a public transportation workforce development 

18 program that addresses critical workforce issues and 

19 prepares individuals for employment and career 

20 pathways in public transportation, including in the 

21 area of public transportation technology. 

22 ‘‘(2) PROGRAMS.—Eligible public transportation 

23 workforce development programs under this sub24 section are skills training, on the job training, and 

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1 grams that are registered under the National Ap2 prenticeship Act (29 U.S.C. 50 et seq.), that— 

3 ‘‘(A) are, to the extent possible, nationally 

4 or regionally significant in scope; 

5 ‘‘(B) replicate a successful workforce devel6 opment model adopted in multiple geographic 

7 locations; 

8 ‘‘(C) target areas with high rates of unem9 ployment; 

10 ‘‘(D) are designed to address current or 

11 projected workforce shortages; 

12 ‘‘(E) give priority to minorities, women, in13 dividuals with disabilities, veterans, low-income 

14 populations and other underserved populations; 

15 ‘‘(F) are designed to provide career path16 ways that support the movement of targeted 

17 populations from initial or short-term employ18 ment opportunities to sustainable careers; and 

19 ‘‘(G) other critical activities as identified 

20 by the Secretary. 

21 ‘‘(3) PROGRAM OUTCOMES.—Recipients of as22 sistance pursuant to this subsection shall require 

23 that skills training, on the job training, and work24 based learning, including registered apprenticeships, 


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1 utilized to carry out this subsection demonstrate 

2 program outcomes including— 

3 ‘‘(A) impact on reducing public transpor4 tation workforce shortages in the area served; 

5 ‘‘(B) diversity of training participants; 

6 ‘‘(C) number of participants obtaining cer7 tifications or credentials required for specific 

8 types of employment; 

9 ‘‘(D) employment outcome, including job 

10 placement, job retention, and wages, using per11 formance metrics established in consultation 

12 with the Secretary of Labor and consistent with 

13 metrics used by programs under the Workforce 

14 Innovation and Opportunity Act; and 

15 ‘‘(E) to the extent practical, evidence that 

16 the program did not preclude workers that are 

17 participating in skills training, on the job train18 ing, and work-based learning, including reg19 istered apprenticeships from being referred to, 

20 or hired on, projects funded under this chapter 

21 without regard to the length of time of their 

22 participation in such program. 

23 ‘‘(4) COORDINATION.—Recipients of assistance 

24 under this subsection shall— 


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1 ‘‘(A) identify the training needs, to be im2 plemented at the local level in coordination with 

3 entities such as local employers, local transit 

4 operators, labor union organizations, Workforce 

5 Development Boards, State workforce agencies, 

6 State Apprenticeship Agencies (where applica7 ble), University Transportation Centers, Com8 munity Colleges, and community-based organi9 zations representing minority, disability, and 

10 low-income populations; and 

11 ‘‘(B) to the extent practicable, conduct 

12 local training programs in coordination with ex13 isting local training programs supported by the 

14 U.S. Department of Transportation, the U.S. 

15 Department of Labor (including registered ap16 prenticeship programs), and the U.S. Depart17 ment of Education. 

18 ‘‘(5) RESEARCH AND PROGRAM EVALUATION.— 

19 The Secretary shall conduct research and an impact 

20 evaluation based on measurable outcomes of the 

21 training funded under this subsection. In the second, 

22 fourth and sixth year following the enactment of this 

23 subsection, the Secretary shall conduct an aggregate 

24 analysis of the national impact related to workforce 

25 shortage, diversity, and job placement. 


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1 ‘‘(c) NATIONAL PUBLIC TRANSPORTATION INSTI2 TUTE.— 

3 ‘‘(1) IN GENERAL.—The Secretary may enter 

4 into grants, contracts or cooperative agreements, 

5 and other agreements, awarded on a competitive 

6 basis, to conduct a national public transportation in7 stitute to develop and conduct training and edu8 cational programs for Federal, State, and local 

9 transportation employees, United States citizens, 

10 and foreign nationals engaged or to be engaged in 

11 Government-aid public transportation work. 

12 ‘‘(2) COOPERATIVE EFFORT.—In cooperation 

13 with the Secretary, State transportation depart14 ments, public transportation authorities, State work15 force agencies, and national and international enti16 ties, the institute under paragraph (1) shall develop 

17 and conduct training and educational programs for 

18 Federal, State, and local transportation employees, 

19 United States citizens, and foreign nationals en20 gaged or to be engaged in public transportation 

21 work. 

22 ‘‘(3) TRAINING AND EDUCATIONAL PRO23 GRAMS.—The training and educational programs de24 veloped under paragraph (2) may include courses in 


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1 recent developments, techniques, and procedures re2 lated to— 

3 ‘‘(A) intermodal and public transportation 

4 planning; 

5 ‘‘(B) management; 

6 ‘‘(C) environmental factors; 

7 ‘‘(D) acquisition and joint use rights-of8 way; 

9 ‘‘(E) engineering and architectural design; 

10 ‘‘(F) procurement strategies for public 

11 transportation systems; 

12 ‘‘(G) turnkey approaches to delivering pub13 lic transportation systems; 

14 ‘‘(H) new technologies; 

15 ‘‘(I) emission reduction technologies; 

16 ‘‘(J) ways to make public transportation 

17 accessible to individuals with disabilities; 

18 ‘‘(K) construction, construction manage19 ment, insurance, and risk management; 

20 ‘‘(L) maintenance; 

21 ‘‘(M) contract administration; 

22 ‘‘(N) inspection; 

23 ‘‘(O) innovative finance; 

24 ‘‘(P) workplace safety; and 

25 ‘‘(Q) public transportation security. 


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1 ‘‘(4) PROVIDING EDUCATION AND TRAINING.— 

2 Education and training of Federal, State, and local 

3 public transportation employees under this sub4 section shall be provided— 

5 ‘‘(A) by the Secretary at no cost to the 

6 States and local governments for subjects that 

7 are a Government program responsibility; or 

8 ‘‘(B) when the education and training are 

9 paid under paragraph (5) of this subsection, by 

10 the State, with the approval of the Secretary, 

11 through grants and contracts with public and 

12 private agencies, other institutions, individuals, 

13 and the institute. 

14 ‘‘(d) USE FOR ADMINISTRATION AND TECHNICAL AS15 SISTANCE.—The Secretary may use up to 1 percent of the 

16 amounts made available to carry out this section to admin17 ister, oversee, and provide technical assistance for the ac18 tivities and programs developed and conducted with this 

19 section. 

20 ‘‘(e) GOVERNMENT’S SHARE OF COSTS.—A grant, 

21 cooperative agreement, other agreement, or contract 

22 awarded under this section may be up to 100 percent of 

23 the cost of the project. 

24 ‘‘(f) AVAILABILITY OF AMOUNTS.— 


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1 ‘‘(1) Up to 0.5 percent of the amounts made 

2 available to a recipient under sections 5307, 5337 

3 and 5339 is available for expenditure by the recipi4 ent, with the approval of the Secretary, to pay up 

5 to 80 percent of the cost of eligible activities under 

6 this section; and 

7 ‘‘(2) A recipient may transfer amounts under 

8 paragraph (1) to existing local training programs 

9 supported by the Secretary, the U.S. Department of 

10 Labor, and the U.S. Department of Education.’’. 

11 (b) CONFORMING AMENDMENT.—The analysis for 

12 chapter 53 is amended by striking the item relating to 

13 section 5322 and inserting the following: 

‘‘5322. Workforce development programs.’’. 

14 SEC. 3006. GENERAL PROVISIONS. 

15 Section 5323 is amended— 

16 (1) In subsection (i), by redesignating para17 graphs (1) and (2) as (2) and (3), respectively and 

18 inserting a new paragraph (1) to read as follows: 

19 ‘‘(1) ACQUISITION OF BASE-MODEL BUSES.—A 

20 grant for the acquisition of a base-model bus for use 

21 in public transportation may be up to 85 percent of 

22 the net project cost.’’; 

23 (2) in subsection (j)— 

24 (A) by revising paragraph (2)(C) to read 

25 as follows: 


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1 ‘‘(C) ROLLING STOCK PROCUREMENT.— 

2 When procuring rolling stock (including train 

3 control, communication, traction power equip4 ment, and rolling stock prototypes) under this 

5 chapter— 

6 ‘‘(i) the cost of components and sub7 components produced in the United 

8 States— 

9 ‘‘(I) for fiscal year 2016 is more 

10 than 60 percent of the cost of all com11 ponents of the rolling stock; 

12 ‘‘(II) for fiscal year 2017 is more 

13 than 70 percent of the cost of all com14 ponents of the rolling stock; 

15 ‘‘(III) for fiscal year 2018 is 

16 more than 80 percent of the cost of 

17 all components of the rolling stock; 

18 and 

19 ‘‘(IV) for fiscal year 2019 is 

20 more than 90 percent of the cost of 

21 all components of the rolling stock; 

22 and 

23 ‘‘(ii) final assembly of the rolling 

24 stock, including rolling stock prototypes, 

25 has occurred in the United States; or’’; 


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1 (B) by redesignating paragraphs (3) 

2 through (9) as paragraphs (4) through (10), re3 spectively; and 

4 (C) by inserting a new paragraph (3) fol5 lowing paragraph (2), to read as follows: 

6 ‘‘(3) ROLLING STOCK COST AND ASSEMBLY.— 

7 Beginning in fiscal year 2019, when procuring roll8 ing stock, including rolling stock prototypes, the cost 

9 of the components and subcomponents produced in 

10 the United States shall be 100 percent and final as11 sembly shall occur in the United States.’’; and 

12 (3) by inserting a new subsection at the end to 

13 read as follows: 

14 ‘‘(s) VALUE CAPTURE REVENUE ELIGIBLE FOR

15 LOCAL SHARE.—Notwithstanding any other provision of 

16 law, a recipient of assistance under this chapter may use 

17 the revenue generated from value capture financing mech18 anisms as local matching funds for capital projects and 

19 operating costs eligible under this chapter.’’. 

20 SEC. 3007. PUBLIC TRANSPORTATION LOCAL HIRING. 

21 Section 5325 is amended— 

22 (1) in subsection (a) by striking ‘‘Recipients of 

23 assistance’’ and inserting ‘‘Except as provided in 

24 subsections (k) and (l), recipients of assistance’’; 


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1 (2) in subsection (h), by striking ‘‘A grant 

2 awarded’’ and inserting ‘‘Except as provided in sub3 sections (k) and (l), a grant awarded’’; and 

4 (3) by inserting a new subsection (l) at the end 

5 to read as follows: 

6 ‘‘(l) LOCAL HIRING.— 

7 ‘‘(1) IN GENERAL.—A recipient of assistance 

8 may post job opportunities on State job banks and 

9 with One Stop Centers established under the Work10 force Investment Act, and may advertise and award 

11 a contract for construction containing requirements 

12 for the employment of individuals residing in or ad13 jacent to any of the areas in which the work to be 

14 performed is for construction work required under 

15 the contract, provided that— 

16 ‘‘(A) all or part of the construction work 

17 performed under the contract occurs in an area 

18 that has— 

19 ‘‘(i) a per capita income of 80 percent 

20 or less of the national average; or 

21 ‘‘(ii) an unemployment rate that is for 

22 the most recent 24-month period for which 

23 data are available at least 1 percent great24 er than the national average unemploy25 ment rate; 


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1 ‘‘(B) the estimated cost of the project of 

2 which the contract is a part is greater than 

3 $10,000,000; and 

4 ‘‘(C) the recipient may not require the hir5 ing of individuals who do not have the nec6 essary skills to perform work in any craft or 

7 trade, except for individuals who are subject to 

8 an apprenticeship program or other training 

9 program meeting the requirements of section 

10 5332 of this title. 

11 ‘‘(2) ADVERTISEMENT.—In advertising and 

12 awarding a contract under this subsection, the Sec13 retary or a recipient of assistance shall ensure that 

14 the requirements contained in the advertisement 

15 would not— 

16 ‘‘(A) compromise the quality of the project; 

17 ‘‘(B) unreasonably delay the completion of 

18 the project; or 

19 ‘‘(C) unreasonably increase the cost of the 

20 project.’’. 

21 SEC. 3008. PUBLIC TRANSPORTATION SAFETY PROGRAM. 

22 (a) IN GENERAL.—Section 5329(e) is amended— 

23 (1) by redesignating paragraphs (3) through 

24 (9) as paragraphs (4) through (10), respectively; 

25 (2) by adding the following after paragraph (2): 


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1 ‘‘(3) STATE PARTICIPATION.— 

2 ‘‘(A) An eligible State having within its ju3 risdiction 1 or more rail fixed guideway public 

4 transportation systems in revenue service, de5 sign or construction that have fewer than 

6 1,000,000 combined actual and projected rail 

7 fixed guideway revenue miles per year or which 

8 provide fewer than 10,000,000 combined actual 

9 and projected unlinked passenger trips per year 

10 may request, in writing, that the Secretary 

11 oversee the safety of such systems consistent 

12 with the oversight and enforcement authority 

13 under this section. 

14 ‘‘(B) Should a State be granted an exemp15 tion under this subparagraph (C), the State will 

16 not be subject to the State safety oversight re17 quirements under this subsection and shall not 

18 be eligible to receive a State Safety Oversight 

19 grant authorized under paragraph (6) of this 

20 subsection. 

21 ‘‘(C) The Secretary shall provide an ex22 emption to a State that meets the criteria 

23 under subparagraph (A) within 30 days of the 

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1 form the State of the reason an exemption can2 not be granted.’’; and 

3 (3) in paragraph (7), as redesignated— 

4 (A) by striking ‘‘shall be 80’’ and insert 

5 ‘‘may be up to 100’’; and 

6 (B) by striking clauses (ii) and (iii) and re7 designating clause (iv) as clause (ii). 

8 (b) PUBLIC TRANSPORTATION SAFETY ENFORCE9 MENT.—Section 5329(g) is amended to read as follows: 

10 ‘‘(g) ENFORCEMENT.— 

11 ‘‘(1) TYPES OF ENFORCEMENT ACTIONS.—The 

12 Secretary may take enforcement action against re13 cipient that does not comply with Federal law with 

14 respect to the safety of the public transportation 

15 system, including— 

16 ‘‘(A) issuing directives; 

17 ‘‘(B) requiring more frequent oversight of 

18 the recipient by a State safety oversight agency 

19 or the Secretary; 

20 ‘‘(C) imposing more frequent reporting re21 quirements; 

22 ‘‘(D) requiring that any Federal financial 

23 assistance provided under this chapter be spent 

24 on correcting safety deficiencies identified by 

25 the Secretary or the State safety oversight 


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1 agency before such funds are spent on other 

2 projects; 

3 ‘‘(E) withholding financial assistance 

4 under this chapter in an amount to be deter5 mined by the Secretary; 

6 ‘‘(F) issuing penalties pursuant to para7 graph (2); 

8 ‘‘(G) instituting a civil action pursuant to 

9 paragraph (4); and 

10 ‘‘(H) issuing orders, including orders 

11 issued pursuant to paragraph (7). 

12 ‘‘(2) PENALTIES.—The Secretary has the au13 thority— 

14 ‘‘(A) to establish, impose and compromise 

15 a civil penalty for a violation of a public trans16 portation safety regulation promulgated or 

17 order issued under this section; 

18 ‘‘(B) to establish, impose and compromise 

19 a civil penalty for violation of the alcohol and 

20 controlled substances testing provisions under 

21 section 5331 of this chapter; and 

22 ‘‘(C) to request an injunction for a viola23 tion of a public transportation safety regulation 

24 promulgated or order issued under this section. 


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1 ‘‘(3) DEPOSIT OF CIVIL PENALTIES.—An 

2 amount collected by the Secretary under this section 

3 shall be credited to the Federal Transit Administra4 tion’s formula and bus appropriations account to 

5 carry out subsection (e). 

6 ‘‘(4) ENFORCEMENT BY THE ATTORNEY GEN7 ERAL.—At the request of the Secretary, the Attor8 ney General shall bring a civil action— 

9 ‘‘(A) for appropriate injunctive relief to en10 sure compliance with this section; 

11 ‘‘(B) to collect a civil penalty imposed or 

12 an amount agreed upon in a compromise under 

13 paragraph (1) of this subsection; or 

14 ‘‘(C) to enforce a subpoena, request for ad15 missions, request for production of documents 

16 or other tangible things, or request for testi17 mony by deposition issued by the Secretary 

18 under this section. 

19 ‘‘(5) JURISDICTION.—An action under para20 graph (3) of this subsection may be brought in a 

21 district court of the United States in any State in 

22 which the relief is required. On a proper showing, 

23 the court shall issue a temporary restraining order 

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1 tation agency receiving assistance under this chapter 

2 to comply with this section, or a regulation promul3 gated under this section. 

4 ‘‘(6) CRIMINAL PENALTY.—A person who know5 ingly violates this section or a public transportation 

6 safety regulation or order issued under this section 

7 shall be fined under title 18, United States Code, 

8 imprisoned for not more than 5 years, or both; ex9 cept that the maximum amount of imprisonment 

10 shall be 10 years in any case in which the violation 

11 results in death or bodily injury to any person. For 

12 purposes of this paragraph— 

13 ‘‘(A) a person acts knowingly when the 

14 person has actual knowledge of the facts giving 

15 rise to the violation; and 

16 ‘‘(B) actual knowledge of the existence of 

17 a statutory provision, or a regulation or a re18 quirement imposed by the Secretary is not an 

19 element of an offense under this paragraph. 

20 ‘‘(7) EMERGENCY AUTHORITY.— 

21 ‘‘(A) ORDERING RESTRICTIONS AND PRO22 HIBITIONS.—If, through testing, inspection, in23 vestigation, or research carried out under this 

24 section, the Secretary decides that an unsafe 

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1 safe conditions and practices, causes an emer2 gency situation involving a hazard of death, 

3 personal injury, or significant harm to the envi4 ronment, the Secretary immediately may order 

5 restrictions and prohibitions, without regard to 

6 section 553 and section 554 of title 5, United 

7 States Code, that may be necessary to abate the 

8 emergency situation. 

9 ‘‘(B) EMERGENCY CONDITION OR PRAC10 TICE.—The order shall describe the condition or 

11 practice, or a combination of conditions and 

12 practices, that causes the emergency situation 

13 and promulgate standards and procedures for 

14 obtaining relief from the order. This paragraph 

15 does not affect the Secretary’s discretion under 

16 this subsection to maintain the order in effect 

17 for as long as the emergency situation exists. 

18 ‘‘(C) REVIEW OF ORDERS.—After issuing 

19 an order under this subsection, the Secretary 

20 shall provide an opportunity for review of the 

21 order under section 554 of title 5, United 

22 States Code. If a petition for review is filed and 

23 the review is not completed by the end of the 

24 30-day period beginning on the date the order 

25 was issued, the order stops being effective at 


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1 the end of that period unless the Secretary de2 cides in writing that the emergency situation 

3 still exists. 

4 ‘‘(D) CIVIL ACTIONS TO COMPEL ISSUANCE

5 OF ORDERS.—An employee of a rail fixed guide6 way public transportation system provider who 

7 may be exposed to imminent physical injury 

8 during that employment because of the Sec9 retary’s failure, without any reasonable basis, to 

10 issue an order under paragraph (1) of this sub11 section, or the employee’s authorized represent12 ative, may bring a civil action against the Sec13 retary in a district court of the United States 

14 to compel the Secretary to issue an order. The 

15 action shall be brought in the judicial district in 

16 which the emergency situation is alleged to 

17 exist, in which the employing provider has its 

18 principal executive office, or in the District of 

19 Columbia. The Secretary’s failure to issue an 

20 order under paragraph (1) of this subsection 

21 may be reviewed only under section 706 of title 

22 5, United States Code.’’. 

23 (c) DISCLOSURE OF SAFETY INFORMATION.—Section 

24 5329 is amended by inserting the following at the end: 


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1 ‘‘(l) LIMITATION ON PUBLIC DISCLOSURE OF SAFE2 TY INFORMATION.— 

3 ‘‘(1) IN GENERAL.—A report, data, investiga4 tion, or other information, or any portion thereof, 

5 submitted to, developed, produced, collected, or ob6 tained by the Secretary or his representative for pur7 poses of enhancing public transportation safety, in8 cluding information related to a transit provider’s 

9 safety plan, safety risks, and mitigation measures, 

10 shall not be disclosed to the public pursuant to sec11 tion 522(b)(3)(B) of title 5 if the Secretary or his 

12 representative determines— 

13 ‘‘(A) the receipt of the information aids in 

14 fulfilling the Secretary’s safety responsibilities; 

15 and 

16 ‘‘(B) withholding such information from 

17 disclosure is necessary to the safety or security 

18 of public transportation systems. 

19 ‘‘(2) EXCEPTION FOR DE-IDENTIFIED INFORMA20 TION.— 

21 ‘‘(A) IN GENERAL.—Paragraph (1) shall 

22 not apply to a report, data, investigation or 

23 other information if the information contained 

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1 mation collected or obtained by the Secretary or 

2 his representative has been de-identified. 

3 ‘‘(B) DE-IDENTIFIED DEFINED.—In this 

4 subsection, the term ‘de-identified’ means the 

5 process by which all information that is likely 

6 to establish the identity of specific persons or 

7 entities submitting reports, data, investigation 

8 or other information is removed from the re9 ports, data, or investigation, or other informa10 tion.’’. 

11 SEC. 3009. AUTHORIZATIONS. 

12 Section 5338 is amended to read as follows: 

13 ‘‘(a) TRANSIT FORMULA GRANTS.— 

14 ‘‘(1) IN GENERAL.—There shall be available 

15 from the Mass Transit Account of the Transpor16 tation Trust Fund to carry out Federal public trans17 portation assistance program under sections 5305, 

18 5307, 5310, 5311, 5318, 5322(d), 5334, 5335, 

19 5337, 5339, and 5340 of this title, and section 

20 20005(b) of the Federal Public Transportation Act 

21 of 2012, as amended, $13,914,400,000 in fiscal year 

22 2016, $14,140,000,000 in fiscal year 2017, 

23 $14,372,000,000 in fiscal year 2018, 

24 $14,610,000,000 in fiscal year 2019, 


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1 $14,902,200,000 in fiscal year 2020, and 

2 $15,200,244,000 in fiscal year 2021. 

3 ‘‘(2) ALLOCATION OF FUNDS.—Of the amounts 

4 made available under paragraph (1)— 

5 ‘‘(A) $131,819,705 shall be available for 

6 fiscal year 2016, $135,103,394 for fiscal year 

7 2017, $138,494,393 for fiscal year 2018, 

8 $141,992,702 for fiscal year 2019, 

9 $146,589,866 for fiscal year 2020, and 

10 $151,316,746 for fiscal year 2021, to provide 

11 financial assistance for planning under section 

12 5305; 

13 ‘‘(B) $10,234,449 shall be available for fis14 cal year 2016, $10,489,394 for fiscal year 

15 2017, $10,752,670 for fiscal year 2018, 

16 $11,024,278 for fiscal year 2019, $11,381,201 

17 for fiscal year 2020, and $11,748,195 for fiscal 

18 year 2021, to carry out the pilot program for 

19 transit-oriented development planning under 

20 section 20005(b) of Public Law 112–114, as 

21 amended; 

22 ‘‘(C) $4,563,182,693 shall be available for 

23 fiscal year 2016, $4,676,853,640 for fiscal year 

24 2017, $4,794,239,323 for fiscal year 2018, 

25 $4,915,339,743 for fiscal year 2019, 


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1 $5,074,479,068 for fiscal year 2020, and 

2 $5,238,108,767 for fiscal year 2021, to provide 

3 financial assistance under the section 5307 ur4 banized area formula grant program pursuant 

5 to section 5336; 

6 ‘‘(D) $264,355,823 shall be available for 

7 fiscal year 2016, $270,941,046 for fiscal year 

8 2017, $277,741,473 for fiscal year 2018, 

9 $284,757,103 for fiscal year 2019, 

10 $293,976,415 for fiscal year 2020, and 

11 $303,455,865 for fiscal year 2021, to provide 

12 financial assistance for services for the en13 hanced mobility of seniors and individuals with 

14 disabilities under section 5310; 

15 ‘‘(E) $622,049,823 shall be available for 

16 fiscal year 2016, $637,545,365 for fiscal year 

17 2017, $653,547,297 for fiscal year 2018, 

18 $670,055,621 for fiscal year 2019, 

19 $691,749,381 for fiscal year 2020, and 

20 $714,055,265 for fiscal year 2021, to provide 

21 financial assistance for rural areas under sec22 tion 5311, of which $35,000,000 in fiscal year 

23 2016, $35,871,500 in fiscal year 2017, 

24 $36,764,700 in fiscal year 2018, $37,680,141 

25 in fiscal year 2019, $38,618,377 in fiscal year 


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1 2020, and $39,579,974 in fiscal year 2021 shall 

2 be available to carry out section 5311(c)(1) and 

3 $20,000,000 in each fiscal year 2016 through 

4 2021 shall be available to carry of section 

5 5311(c)(2); 

6 ‘‘(F) $3,070,335 shall be available for fis7 cal year 2016, $3,146,818 for fiscal year 2017, 

8 $3,225,801 for fiscal year 2018, $3,307,283 for 

9 fiscal year 2019, $3,414,360 for fiscal year 

10 2020, and $3,524,458 for fiscal year 2021, to 

11 provide financial assistance for bus testing 

12 under section 5318; 

13 ‘‘(G) $5,117,225 shall be available for fis14 cal year 2016, $5,244,697 for fiscal year 2017, 

15 $5,376,335 for fiscal year 2018, $5,512,139 for 

16 fiscal year 2019, $5,690,600 for fiscal year 

17 2020, and $5,874,097 for fiscal year 2021, to 

18 provide financial assistance to the national 

19 transit institute under section 5322(d); 

20 ‘‘(H) $114,400,000 shall be available for 

21 fiscal year 2016, $120,000,000 for fiscal year 

22 2017, $126,000,000 for fiscal year 2018, 

23 $132,000,000 for fiscal year 2019, 

24 $139,000,000 for fiscal year 2020, and 

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1 essary expenses attributable to the administra2 tion and operations of the Federal Transit Ad3 ministration; 

4 ‘‘(I) $3,940,263 shall be available for fiscal 

5 year 2016, $4,038,417 for fiscal year 2017, 

6 $4,139,778 for fiscal year 2018, $4,244,347 for 

7 fiscal year 2019, $4,381,762 for fiscal year 

8 2020, and $4,523,055 for fiscal year 2021, to 

9 carry out National Transit Database activities 

10 under section 5335; 

11 ‘‘(J) $5,719,000,000 shall be available for 

12 fiscal year 2016, $5,775,000,000 for fiscal year 

13 2017, $5,832,000,000 for fiscal year 2018, 

14 $5,890,000,000 for fiscal year 2019, 

15 $5,949,000,000 for fiscal year 2020, and 

16 $6,007,800,000 for fiscal year 2021, to provide 

17 financial assistance for state of good repair ac18 tivities under section 5337; 

19 ‘‘(K) $1,939,000,000 shall be available for 

20 fiscal year 2016, $1,950,000,000 for fiscal year 

21 2017, $1,961,000,000 for fiscal year 2018, 

22 $1,972,000,000 for fiscal year 2019, 

23 $1,984,000,000 for fiscal year 2020, and 

24 $1,996,000,000 for fiscal year 2021, to provide 


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1 financial assistance the bus and bus facilities 

2 program under section 5339; and 

3 ‘‘(L) $538,229,684 shall be available for 

4 fiscal year 2016, $551,637,228 for fiscal year 

5 2017, $565,482,930 for fiscal year 2018, 

6 $579,766,784 for fiscal year 2019, 

7 $598,537,347 for fiscal year 2020, and 

8 $617,837,552 for fiscal year 2021, and shall be 

9 allocated in accordance with section 5340 to 

10 provide financial assistance for urbanized areas 

11 under section 5307 and rural areas under sec12 tion 5311. 

13 ‘‘(b) CAPITAL INVESTMENT GRANTS.—There shall be 

14 available from the Mass Transit Account of the Transpor15 tation Trust Fund to carry out section 5309, 

16 $3,250,000,000 in fiscal year 2016, $3,315,000,000 in fis17 cal year 2017, $3,380,000,000 in fiscal year 2018, 

18 $3,450,000,000 in fiscal year 2019, $3,520,000,000 in fis19 cal year 2020, and $3,590,000,000 in fiscal year 2021. 

20 ‘‘(c) TRANSIT RESEARCH AND TRAINING.— 

21 ‘‘(1) IN GENERAL.—There shall be available 

22 from the Mass Transit Account of the Transpor23 tation Trust Fund to carry out Federal public trans24 portation research and training programs under sec25 tions 5312, 5313, 5314, and 5322 (a), (b), (c) and 


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1 (e), $60,000,000 for fiscal year 2016, $61,000,000 

2 for fiscal year 2017, $63,000,000 for fiscal year 

3 2018, $67,000,000 for fiscal year 2019, 

4 $68,000,000 for fiscal year 2020, and $70,000,000 

5 for fiscal year 2021. 

6 ‘‘(2) ALLOCATION OF FUNDS.—Of the amounts 

7 made available under paragraph (1)— 

8 ‘‘(A) $26,000,000 shall be available for fis9 cal year 2016, $27,000,000 for fiscal year 

10 2017, $29,000,000 for fiscal year 2018, 

11 $31,000,000 for fiscal year 2019, $32,000,000 

12 for fiscal year 2020, and $34,000,000 for fiscal 

13 year 2021, to carry out research under section 

14 5312; 

15 ‘‘(B) $7,000,000 shall be available in each 

16 fiscal year 2016 through 2021 to carry out 

17 transit cooperative research under section 5313; 

18 ‘‘(C) $7,000,000 shall be available for each 

19 fiscal year 2016 through 2018, and $9,000,000 

20 for each fiscal year 2019 through 2021, to 

21 carry out technical assistance and standards de22 velopment under section 5314; and 

23 ‘‘(D) $20,000,000 shall be available for 

24 each fiscal year 2016 through 2021 to carry out 


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1 human resources and training under section 

2 5322 (a), (b), (c) and (e). 

3 ‘‘(d) EMERGENCY RELIEF.—There shall be available 

4 from the Mass Transit Account of the Transportation 

5 Trust Fund to carry out section 5324 of this title, 

6 $25,000,000 for each fiscal year 2016 through 2021. 

7 ‘‘(e) RAPID GROWTH AREA TRANSIT PROGRAM.— 

8 There shall be available from the Mass Transit Account 

9 of the Transportation Trust Fund to carry out section 

10 5341 of this title, $500,000,000 for fiscal year 2016, 

11 $525,000,000 for fiscal year 2017, $550,000,000 for fis12 cal year 2018, $600,000,000 for fiscal year 2019, 

13 $612,000,000 for fiscal year 2020, and $624,240,000 for 

14 fiscal year 2021. 

15 ‘‘(f) OVERSIGHT.— 

16 ‘‘(1) IN GENERAL.—Of the amounts made 

17 available to carry out this chapter for a fiscal year, 

18 the Secretary may use not more than the following 

19 amounts for the activities described in paragraph 

20 (2): 

21 ‘‘(A) 0.5 percent of amounts made avail22 able to carry out section 5305. 

23 ‘‘(B) 0.75 percent of amounts made avail24 able to carry out section 5307. 


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1 ‘‘(C) 1.5 percent of amounts made avail2 able to carry out section 5309. 

3 ‘‘(D) 1 percent of amounts made available 

4 to carry out section 601 of the Passenger Rail 

5 Investment and Improvement Act of 2008 

6 (Public Law 110–432; 126 Stat. 4968). 

7 ‘‘(E) 0.5 percent of amounts made avail8 able to carry out section 5310. 

9 ‘‘(F) 0.5 percent of amounts made avail10 able to carry out section 5311. 

11 ‘‘(G) 0.75 percent of amounts made avail12 able to carry out section 5337. 

13 ‘‘(H) 0.75 percent of amounts made avail14 able to carry out section 5339. 

15 ‘‘(2) ACTIVITIES.—The activities described in 

16 this paragraph are as follows: 

17 ‘‘(A) Activities to oversee the construction 

18 of a major capital project. 

19 ‘‘(B) Activities to review and audit the 

20 safety and security, procurement, management, 

21 and financial compliance of a recipient or sub22 recipient of funds under this chapter. 

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1 ance reviews and audits carried out under this 

2 section. 

3 ‘‘(3) GOVERNMENT SHARE OF COSTS.—The 

4 Government shall pay the entire cost of carrying out 

5 a contract under this subsection. 

6 ‘‘(4) AVAILABILITY OF CERTAIN FUNDS.— 

7 Funds made available under paragraph (1)(C) shall 

8 be made available to the Secretary before allocating 

9 the funds appropriated to carry out any project 

10 under a full funding grant agreement. 

11 ‘‘(g) GRANTS AS CONTRACTUAL OBLIGATIONS.—A 

12 grant or contract that is approved by the Secretary and 

13 financed with amounts made available from the Mass 

14 Transit Account of the Highway Trust Fund pursuant to 

15 this section is a contractual obligation of the Government 

16 to pay the Government share of the cost of the project. 

17 ‘‘(h) AVAILABILITY OF AMOUNTS.—Amounts made 

18 available by or appropriated under this section shall re19 main available until expended.’’. 

20 SEC. 3010. BUS AND BUS FACILITIES PROGRAM. 

21 (a) IN GENERAL.—Section 5339 is amended as fol22 lows: 

23 (1) The section heading is amended by striking 

24 ‘‘Formula’’. 

25 (2) Subsection (c) is amended— 


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1 (A) by revising paragraph (1) to read as 

2 follows: 

3 ‘‘(1) RECIPIENTS.—Eligible recipients under 

4 this section are States and local governmental enti5 ties that operate fixed route bus service or des6 ignated recipients that allocate funding to fixed 

7 route bus operators.’’; and 

8 (B) in paragraph (2), by striking ‘‘des9 ignated’’. 

10 (3) Subsection (d) is amended— 

11 (A) by striking the matter preceding para12 graph (1) and inserting: 

13 ‘‘(d) DISTRIBUTION OF GRANT FUNDS.—Funds 

14 made available under section 5338 to carry out this sec15 tion shall be allocated as follows:’’; 

16 (B) by redesignating paragraphs (1) and 

17 (2) as paragraphs (2) and (3), respectively; 

18 (C) in paragraph (3), as redesignated, 

19 strike ‘‘paragraph (1)’’ and insert ‘‘paragraphs 

20 (1) and (2)’’; and 

21 (D) by inserting a new paragraph (1) to 

22 read as follows: 

23 ‘‘(1) COMPETITIVE ALLOCATION.—Thirty per24 cent shall be distributed on a competitive basis by 


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1 the Secretary, of which not less than 10 percent 

2 shall be for projects located in rural areas.’’. 

3 (4) Subsection (e) is amended— 

4 (A) in paragraph (1) by striking ‘‘sub5 section (d)(1)’’ and inserting ‘‘subsection 

6 (d)(2)’’; and 

7 (B) in paragraph (2) by striking ‘‘sub8 section (d)(2)’’ and inserting ‘‘subsection 

9 (d)(3)’’. 

10 (5) Subsection (g) is amended— 

11 (A) by inserting at the end of the first sen12 tence ‘‘under subsections (d)(2) and (d)(3) or 

13 three years after the fiscal year in which the 

14 project competitively selected under subsection 

15 (d)(1) is announced’’; and 

16 (B) by revising the second sentence to read 

17 as follows: ‘‘Not later than 30 days after the 

18 end of the 3-year period described in the pre19 ceding sentence— 

20 ‘‘(1) any amount allocated under subsection 

21 (d)(1) that is not obligated on the last day of that 

22 period shall be added to the amount that may be 

23 available under such subsection in the next fiscal 

24 year; and 


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1 ‘‘(2) any amount apportioned under subsection 

2 (d)(2) and (d)(3) that is not obligated on the last 

3 day of that period shall be added to the amount that 

4 may be apportioned under such subsections in the 

5 next fiscal year.’’. 

6 (b) CHAPTER ANALYSIS.—The analysis for chapter 

7 53 is amended by striking the item relating to section 

8 5339 and inserting the following: 

‘‘5339. Bus and Bus Facilities Program.’’. 

9 SEC. 3011. RAPID GROWTH AREA TRANSIT PROGRAM. 

10 (a) IN GENERAL.—Chapter 53 of title 49, United 

11 States Code, is amended by inserting at the end the fol12 lowing: 

13 ‘‘§ 5341. Rapid Growth Area Transit Program 

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

15 on a competitive basis to State and local governmental en16 tities for bus rapid transit projects, which may include ac17 quisition of right-of-way or land for purposes of future en18 hancements to public transportation in the project cor19 ridor. Such projects shall serve a high-traffic transpor20 tation artery located in an urbanized or rural area that— 

21 ‘‘(1) has experienced moderate to significant 

22 population growth between the 2000 and 2010 de23 cennial census of population; and 

24 ‘‘(2) has a transit system in revenue service 

25 that— 


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1 ‘‘(A) has experienced a moderate to signifi2 cant increase in ridership; and 

3 ‘‘(B) has the financial capacity to pay op4 erating expenses for the existing system and an 

5 expanded system. 

6 ‘‘(b) GOVERNMENT’S SHARE OF COSTS.— 

7 ‘‘(1) FEDERAL TRANSIT ASSISTANCE.—A grant 

8 for a bus rapid transit project financed from 

9 amounts made available to carry out this section 

10 shall be for up to 50 percent of the net capital costs 

11 of the project. 

12 ‘‘(2) FEDERAL-AID HIGHWAY ASSISTANCE.—Up 

13 to 30 percent of the net project costs may be derived 

14 from the Surface Transportation Program and the 

15 Congestion Mitigation and Air Quality Improvement 

16 Program. 

17 ‘‘(3) REMAINDER OF NET CAPITAL PROJECT

18 COST.—The remainder of the net capital project cost 

19 shall be provided from an undistributed cash sur20 plus, a replacement or depreciation cash fund or re21 serve, or new capital.’’. 

22 (b) CHAPTER ANALYSIS.—The analysis for chapter 

23 53 is amended by inserting at the end the following: 

‘‘5341. Rapid Growth Area Transit Program.’’. 


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1 SEC. 3012. TECHNICAL CORRECTIONS. 

2 (a) STATEWIDE AND NONMETROPOLITAN TRANSPOR3 TATION PLANNING.—Section 5304 is amended— 

4 (1) in subsection (d)(2)(B)(ii)— 

5 (A) by striking ‘‘urbanized’’; and 

6 (B) by striking ‘‘with a population of fewer 

7 than 200,000, as calculated according to the 

8 most recent decennial census, and’’; and 

9 (2) in subsection (d)(2)(C)— 

10 (A) by striking ‘‘title 23’’ and by inserting 

11 ‘‘this chapter’’; 

12 (B) by striking ‘‘urbanized’’; and 

13 (C) by striking ‘‘with a population of fewer 

14 than 200,000, as calculated according to the 

15 most recent decennial census, and’’. 

16 (b) URBANIZED AREA FORMULA GRANT PRO17 GRAM.—Section 5307 is amended in subsection (a)(2) (A) 

18 and (B), by inserting before ‘‘during’’ each place it ap19 pears the following: ‘‘or general demand response service’’. 

20 (c) FIXED GUIDEWAY CAPITAL INVESTMENT

21 GRANTS.—Section 5309 is amended— 

22 (1) in subsections (d)(1)(B) and (g)(2)(A)(i), 

23 by striking ‘‘policies and land use patterns that pro24 mote public transportation,’’ in each place it ap25 pears; and 

26 (2) in subsection 5309(d)(2)(A)— 


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1 (A) in clause (iii) by inserting ‘‘and’’ after 

2 the semicolon preceding the matter in subpara3 graph (iv); 

4 (B) by striking clause (iv); and 

5 (C) by redesignating clause (v) as clause 

6 (iv). 

7 (d) RESEARCH, DEVELOPMENT, DEMONSTRATION, 

8 AND DEPLOYMENT PROJECTS.—Section 5312 is amend9 ed— 

10 (1) in subsection (d)(5)(A)— 

11 (A) in clause (i)(II), by striking ‘‘section 

12 5303’’ and inserting ‘‘23 U.S.C. 101(a)(14)’’; 

13 and 

14 (B) by striking clause (vi), and inserting 

15 the following: 

16 ‘‘(vi) RECIPIENT.—The term ‘recipi17 ent’ means a designated recipient, a local 

18 governmental entity, or a State that re19 ceives a Federal low or no emissions vehi20 cle grant for an urbanized area eligible 

21 under clause (i) of this paragraph directly 

22 from the Government.’’; 

23 (2) in subsection (d)(5)(C)(ii), by striking 

24 ‘‘5323(j)’’ and inserting ‘‘5323(i)’’; and 


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1 (3) in subsection (d)(5)(D), by revising the 

2 matter preceding clause (i) to read as follows: 

3 ‘‘(D) ALLOCATIONS.—Of the amounts 

4 made available to carry out this section in each 

5 fiscal year, a sum, in an amount to be deter6 mined by the Secretary, shall be available to 

7 carry out this paragraph, of which—’’. 

8 (e) BICYCLE FACILITIES.—Section 5319 is amend9 ed— 

10 (1) in the first sentence, after ‘‘5307’’ by strik11 ing ‘‘, 5309,’’; 

12 (2) by striking ‘‘Notwithstanding sections 

13 5307(d), 5309(l), and 5311(g), a’’ and inserting 

14 ‘‘A’’; and 

15 (3) by striking ‘‘5307(d)(1)(K)’’ and inserting 

16 ‘‘5307(c)(1)(K)’’. 

17 (f) HUMAN RESOURCES AND TRAINING.—Section 

18 5322(d)(4) is amended by striking ‘‘subsection’’ and in19 serting ‘‘section.’’. 

20 (g) APPORTIONMENTS OF APPROPRIATIONS FOR

21 FORMULA GRANTS.—Section 5336(a) is amended by 

22 striking ‘‘(h)(4)’’ and inserting ‘‘(h)(5)’’. 

23 (h) STATE OF GOOD REPAIR PROGRAM.—Section 

24 5337 is amended— 


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1 (1) in subsection (c)(2)(B) by striking 

2 ‘‘5336(b)(1)’’ and inserting ‘‘5336(b)(2)’’; 

3 (2) in subsection (d)(1) by striking ‘‘a facility 

4 with access for other high-occupancy vehicles’’ and 

5 inserting ‘‘high occupancy vehicle lanes during peak 

6 hours’’; 

7 (3) in subsection (d)(2) by inserting ‘‘vehicle’’ 

8 after ‘‘motorbus’’; and 

9 (4) by inserting the following at the end: 

10 ‘‘(e) GOVERNMENT SHARE OF COSTS.— 

11 ‘‘(1) CAPITAL PROJECTS.—A grant for a capital 

12 project under this section shall be for 80 percent of 

13 the net project cost of the project. The recipient may 

14 provide additional local matching amounts. 

15 ‘‘(2) REMAINING COSTS.—The remainder of the 

16 net project costs shall be provided from an undis17 tributed cash surplus, a replacement or depreciation 

18 cash fund or reserve, or new capital.’’. 

19 (i) OVERSIGHT.—Section 5338(i)(1) is amended— 

20 (1) in subparagraph (G), by striking ‘‘section 

21 5337(c)’’ and inserting ‘‘section 5337’’; and 

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

23 ‘‘(H) 0.75 percent of the amounts made 

24 available to carry out section 5339.’’. 


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1 (j) BUS AND BUS FACILITIES FORMULA PRO2 GRAM.—Section 5339 is amended— 

3 (1) in subsection (a)— 

4 (A) by inserting before ‘‘financing’’ the fol5 lowing: ‘‘only for the purposes of’’; and 

6 (B) by striking ‘‘rehabilitate’’ and insert7 ing ‘‘rebuild’’; and 

8 (2) by revising subsection (c) to read as follows: 

9 ‘‘(c) ELIGIBLE RECIPIENTS AND SUBRECIPIENTS.— 

10 ‘‘(1) RECIPIENTS.—Eligible recipients under 

11 this section are designated recipients that allocate 

12 funds to fixed route bus operators or State or local 

13 governmental entities that operate fixed route bus 

14 service. 

15 ‘‘(2) SUBRECIPIENTS.—A recipient that re16 ceives a grant under this section may allocate 

17 amounts of the grant to subrecipients that are public 

18 agencies or private nonprofit organizations engaged 

19 in public transportation.’’. 

20 (k) GROWING STATES AND HIGH DENSITY

21 STATES.—Section 5340(b) is amended by striking 

22 ‘‘5338(b)(2)(M)’’ and inserting ‘‘5338(a)(2)(K)’’. 

23 (l) TECHNICAL CORRECTIONS TO SURFACE TRANS24 PORTATION BOARD JURISDICTION.—Section 10501(c) is 

25 amended— 


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1 (1) in clause (1)(A)(i), by striking ‘‘5302(a)’’ 

2 and inserting ‘‘5302’’; 

3 (2) in subparagraph (1)(B), by striking ‘‘mass 

4 transportation’’ and inserting ‘‘public transpor5 tation’’ and by striking ‘‘5302(a)’’ and inserting 

6 ‘‘5302’’; and 

7 (3) in subparagraph (2)(A), by striking ‘‘mass 

8 transportation’’ and inserting ‘‘public transpor9 tation’’. 

10 SEC. 3013. TECHNICAL CORRECTIONS TO TITLE II, DIVI11 SION B, OF MAP–21. 

12 Section 20013(d) of Public Law 112–141 is amended 

13 by striking ‘‘5307(c)’’ and inserting ‘‘5307(b)’’. 

14 SEC. 3014. ELIMINATION OF FTA ANNUAL RESEARCH RE15 PORTING REQUIREMENT. 

16 Section 5312 is amended— 

17 (1) by striking subsection (e); and 

18 (2) by redesignating subsection (f) as sub19 section (e). 


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1 TITLE IV—HIGHWAY AND MOTOR 

2 VEHICLE SAFETY 

3 Subtitle A—Traffic Safety 

4 SEC. 4001. AUTHORIZATION OF APPROPRIATIONS. 

5 (a) IN GENERAL.—The following sums are author6 ized to be appropriated out of the Highway Account of 

7 the Transportation Trust Fund: 

8 (1) HIGHWAY SAFETY PROGRAMS.—For car9 rying out section 402 of title 23, United States 

10 Code— 

11 (A) $241,146,000 for fiscal year 2016; 

12 (B) $248,380,380 for fiscal year 2017; 

13 (C) $255,831,791 for fiscal year 2018; 

14 (D) $263,506,745 for fiscal year 2019; 

15 (E) $271,411,947 for fiscal year 2020; and 

16 (F) $279,554,306 for fiscal year 2021. 

17 (2) HIGHWAY SAFETY RESEARCH AND DEVEL18 OPMENT.—For carrying out section 403 of title 23, 

19 United States Code— 

20 (A) $152,000,000 for fiscal year 2016; 

21 (B) $158,840,000 for fiscal year 2017; 

22 (C) $166,146,640 for fiscal year 2018; 

23 (D) $173,457,092 for fiscal year 2019; 

24 (E) $181,783,033 for fiscal year 2020; and 

25 (F) $190,145,052 for fiscal year 2021. 


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1 (3) NATIONAL PRIORITY SAFETY PROGRAMS.— 

2 For carrying out section 405 of title 23, United 

3 States Code— 

4 (A) $278,705,000 for fiscal year 2016; 

5 (B) $287,066,150 for fiscal year 2017; 

6 (C) $295,678,135 for fiscal year 2018; 

7 (D) $304,548,479 for fiscal year 2019; 

8 (E) $313,684,933 for fiscal year 2020; and 

9 (F) $323,095,481 for fiscal year 2021. 

10 (4) NATIONAL DRIVER REGISTER.—For car11 rying out section 303 of title 49, United States 

12 Code— 

13 (A) $5,000,000 for fiscal year 2016; 

14 (B) $5,225,000 for fiscal year 2017; 

15 (C) $5,465,350 for fiscal year 2018; 

16 (D) $5,705,825 for fiscal year 2019; 

17 (E) $5,979,705 for fiscal year 2020; and 

18 (F) $6,254,771 for fiscal year 2021. 

19 (5) HIGH VISIBILITY ENFORCEMENT PRO20 GRAM.—For carrying out section 2009 of 

21 SAFETEA–LU (23 U.S.C. 402 note)— 

22 (A) $29,000,000 for fiscal year 2016; 

23 (B) $29,870,000 for fiscal year 2017; 

24 (C) $30,766,100 for fiscal year 2018; 

25 (D) $31,689,083 for fiscal year 2019; 


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1 (E) $32,639,755 for fiscal year 2020; and 

2 (F) $33,618,948 for fiscal year 2021. 

3 (6) ADMINISTRATIVE EXPENSES.—For adminis4 trative and related operating expenses of the Na5 tional Highway Traffic Safety Administration in car6 rying out chapter 4 of title 23, United States Code, 

7 and this subtitle— 

8 (A) $28,149,000 for fiscal year 2016; 

9 (B) $28,993,470 for fiscal year 2017; 

10 (C) $29,863,274 for fiscal year 2018; 

11 (D) $30,759,172 for fiscal year 2019; 

12 (E) $31,681,947 for fiscal year 2020; and 

13 (F) $32,632,406 for fiscal year 2021. 

14 (b) PROHIBITION ON OTHER USES.—Except as oth15 erwise provided in chapter 4 of title 23, United States 

16 Code, in this subtitle and in the amendments made by this 

17 subtitle, the amounts made available from the Highway 

18 Account of the Transportation Trust Fund for a program 

19 under such chapter— 

20 (1) shall only be used to carry out such pro21 gram; and 

22 (2) may not be used by States or local govern23 ments for construction purposes. 

24 (c) APPLICABILITY OF TITLE 23.—Except as other25 wise provided in chapter 4 of title 23, United States Code, 


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1 and in this subtitle, amounts made available under sub2 section (a) for fiscal years 2016 through 2021 shall be 

3 available for obligation in the same manner as if such 

4 funds were apportioned or allocated under chapter 1 of 

5 title 23, United States Code. 

6 (d) REGULATORY AUTHORITY.—Grants awarded 

7 under this subtitle shall be in accordance with regulations 

8 issued by the Secretary. 

9 (e) STATE MATCHING REQUIREMENTS.—If a grant 

10 awarded under this subtitle requires a State to share in 

11 the cost, the aggregate of all expenditures for highway 

12 safety activities made during any fiscal year by the State 

13 and its political subdivisions (exclusive of Federal funds) 

14 for carrying out the grant (other than planning and ad15 ministration) shall be available for the purpose of crediting 

16 the State during such fiscal year for the non-Federal share 

17 of the cost of any project under this subtitle (other than 

18 planning or administration) without regard to whether 

19 such expenditures were actually made in connection with 

20 such project. 

21 (f) GRANT APPLICATION AND DEADLINE.—To re22 ceive a grant under this subtitle, a State shall submit an 

23 application, and the Secretary shall establish a single 

24 deadline for such applications to enable the award of 

25 grants early in the next fiscal year. 


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1 SEC. 4002. HIGHWAY SAFETY PROGRAMS. 

2 (a) SECTION 402(a) AMENDMENTS.—Section 

3 402(a)(2)(A) of title 23, United States Code, is amended 

4 by— 

5 (1) striking ‘‘and’’ at the end of clause (vi); 

6 (2) redesignating clause (vii) as clause (ix); and 

7 (3) inserting after clause (vi) the following: 

8 ‘‘(vii) to reduce injuries and deaths to 

9 older drivers; 

10 ‘‘(viii) to improve emergency medical 

11 services response to crash sites; and’’. 

12 (b) SECTION 402(b) AMENDMENTS.—Section 

13 402(b)(1)(F) of title 23, United States Code, is amend14 ed— 

15 (1) by redesignating clauses (iii) through (v) as 

16 clauses (iv) through (vi), respectively; and 

17 (2) by inserting after clause (ii) the following: 

18 ‘‘(iii) countermeasures designed to de19 crease deaths and injuries to pedestrians 

20 and bicyclists traveling in the roadways;’’. 

21 (c) SECTION 402(c) AMENDMENTS.—Section 402(c) 

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

23 (1) in paragraph (2) by striking ‘‘Funds appor24 tioned under this section to any State,’’ and all that 

25 follows; 


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1 (2) by redesignating paragraphs (3) and (4) as 

2 paragraphs (4) and (5), respectively; 

3 (3) by inserting after paragraph (2) the fol4 lowing: 

5 ‘‘(3) REDUCTION IN APPORTIONMENT.— 

6 ‘‘(A) NONAPPROVED PROGRAMS.—Funds 

7 apportioned under this section to any State, 

8 that does not have a highway safety program 

9 approved by the Secretary or that is not imple10 menting an approved program, shall be reduced 

11 by amounts equal to not less than 20 percent 

12 of the amounts that would otherwise be appor13 tioned to the State under this section, until 

14 such time as the Secretary approves such pro15 gram or determines that the State is imple16 menting an approved program, as appropriate. 

17 The Secretary shall consider the gravity of the 

18 State’s failure to have or implement an ap19 proved program in determining the amount of 

20 the reduction. 

21 ‘‘(B) HIGH RISK.—In consultation with the 

22 State, the Secretary shall take appropriate 

23 steps to address any deficiencies if a State is 

24 determined to be ‘high-risk’ under regulations 

25 or procedures of the Secretary, taking into conVerDate Sep 11 2014 01:21 Jul 18, 2015 Jkt 049200 PO 00000 Frm 00292 Fmt 6652 Sfmt 6201 E:\BILLS\H3064.IH H3064

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1 sideration responsibility, financial stability, and 

2 management and staffing capabilities. In the 

3 fiscal year in which a State has been deter4 mined ‘high-risk’, the Secretary shall redirect 

5 funds sufficient to address the deficiency. If the 

6 State fails to take adequate steps to address the 

7 deficiency within 12 months after a ‘high-risk’ 

8 designation, in the next fiscal year the Sec9 retary shall reduce funds under this section by 

10 not less than 20 percent of the amounts that 

11 would otherwise be apportioned to the State 

12 under this section. The Secretary shall consider 

13 the gravity of the State’s failure to address the 

14 deficiency in determining the amount of the re15 duction. The Secretary shall increase the 

16 amount of the reduction in each subsequent fis17 cal year in which the State fails to take ade18 quate steps to address the deficiency.’’; and 

19 (4) in paragraph (4), as redesignated— 

20 (A) by striking ‘‘or’’ after ‘‘highway safety 

21 program’’ and inserting a comma; and 

22 (B) by inserting ‘‘or determines that the 

23 State has taken adequate steps to address a de24 ficiency’’ after ‘‘approved program’’. 


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1 (d) SECTION 402(g) AMENDMENT.—Section 402 of 

2 title 23, United States Code, is amended by striking sub3 section (g) and inserting after subsection (f) the following: 

4 ‘‘(g) RESTRICTION.—Nothing in this section may be 

5 construed to authorize the appropriation or expenditure 

6 of funds for highway construction, maintenance, or design 

7 (other than design of safety features of highways to be 

8 incorporated into guidelines).’’. 

9 SEC. 4003. AMENDMENT TO SECTION 405 NATIONAL PRI10 ORITY SAFETY PROGRAMS TRANSFER AU11 THORITY. 

12 Section 405(a)(1)(G) of title 23, United States Code, 

13 is amended by adding after the last sentence the following: 

14 ‘‘If the Secretary reallocates any amounts to increase the 

15 amount made available under section 402, the State shall 

16 use not less than 30 percent for the purposes of pedestrian 

17 and bicycle safety if the State’s combined pedestrian and 

18 bicycle fatalities exceed 5 percent of the State’s total crash 

19 fatalities, based on the most recently reported final data 

20 from the Fatality Analysis Reporting System.’’. 

21 SEC. 4004. AMENDMENT TO MOTORCYCLIST SAFETY GRANT 

22 CRITERIA. 

23 Section 405(f) of title 23, United States Code, is 

24 amended by inserting the following after paragraph (5): 


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1 ‘‘(6) SUPPORT ACTIVITY.—The Secretary or the 

2 Secretary’s designee may engage in activities with 

3 States and State legislators to consider proposals re4 lated to motorcycle helmet use laws.’’. 

5 SEC. 4005. AMENDMENT TO GRADUATED DRIVER LICENS6 ING INCENTIVE GRANT CRITERIA. 

7 Section 405 of title 23, United States Code, is 

8 amended by striking subsection (g) and inserting the fol9 lowing: 

10 ‘‘(g) STATE GRADUATED DRIVER LICENSING INCEN11 TIVE GRANT.— 

12 ‘‘(1) GRANTS AUTHORIZED.—The Secretary 

13 shall award grants to States that adopt and imple14 ment graduated driver licensing laws that require 

15 novice drivers younger than 18 years of age to com16 ply with the 2-stage licensing process described in 

17 paragraph (2) before receiving an unrestricted driv18 er’s license. 

19 ‘‘(2) MINIMUM REQUIREMENTS.—A State’s 

20 driver’s license laws shall include— 

21 ‘‘(A) a learner’s permit stage that— 

22 ‘‘(i) is at least 6 months in duration, 

23 but must remain in effect until the driver 

24 reaches 16 years of age; 


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1 ‘‘(ii) requires that the driver be ac2 companied and supervised at all times 

3 while such driver is operating a motor ve4 hicle by a licensed driver who is at least 21 

5 years of age, is the driver’s parent or 

6 guardian, or is a State-certified driving in7 structor; and 

8 ‘‘(iii) has at least two of the following 

9 criteria: 

10 ‘‘(I) a prohibition on the driver 

11 using a personal wireless communica12 tions device, as defined in subsection 

13 (e)(9)(B), while driving except under 

14 an exception permitted in subsection 

15 (e)(4), and violation of which is a pri16 mary offense; 

17 ‘‘(II) a requirement that the driv18 er obtain at least 40 hours of behind19 the-wheel training with a licensed 

20 driver who is at least 21 years of age, 

21 is the driver’s parent or guardian, or 

22 is a State-certified driving instructor; 

23 ‘‘(III) a requirement that the 

24 driver attend a driver training course; 

25 or 


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1 ‘‘(IV) a requirement that the 

2 driver not be convicted, for a period of 

3 six consecutive months immediately 

4 prior to entering the intermediate 

5 stage or receiving an unrestricted 

6 driver’s license, of any offense under 

7 State or local law relating to the use 

8 or operation of a motor vehicle; 

9 ‘‘(B) an intermediate stage that— 

10 ‘‘(i) is at least 6 months in duration; 

11 ‘‘(ii) restricts driving at night; 

12 ‘‘(iii) for a period of not less than six 

13 months, prohibits the driver from oper14 ating a motor vehicle with more than 1 

15 nonfamilial passenger younger than 21 

16 years of age unless a licensed driver who is 

17 at least 21 years of age, is the driver’s par18 ent or guardian, or is a State-certified 

19 driving instructor is in the motor vehicle; 

20 and 

21 ‘‘(iv) has at least one of the following 

22 criteria: 

23 ‘‘(I) a requirement that the inter24 mediate stage remain in effect until 

25 the driver reaches 18 years of age; 


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1 ‘‘(II) a prohibition on the driver 

2 using a personal wireless communica3 tions device, as defined in subsection 

4 (e)(9)(B), while driving except under 

5 an exception permitted in subsection 

6 (e)(4), and violation of which is a pri7 mary offense; or 

8 ‘‘(III) a requirement that the 

9 driver not be convicted, for a period of 

10 six consecutive months immediately 

11 prior to receiving an unrestricted driv12 er’s license, of any offense under 

13 State or local law relating to the use 

14 or operation of a motor vehicle; and 

15 ‘‘(C) any other requirement prescribed by 

16 the Secretary. 

17 ‘‘(3) EXCEPTION.—A State that otherwise 

18 meets the minimum requirements set forth in para19 graph (2) shall be deemed by the Secretary to be in 

20 compliance with the requirement set forth in para21 graph (2) if the State enacted a law before January 

22 1, 2011, establishing a class of license that permits 

23 licensees or applicants younger than 18 years of age 

24 to drive a motor vehicle— 


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1 ‘‘(A) in connection with work performed 

2 on, or for the operation of, a farm owned by 

3 family members who are directly related to the 

4 applicant or licensee; or 

5 ‘‘(B) if demonstrable hardship would result 

6 from the denial of a license to the licensees or 

7 applicants. 

8 ‘‘(4) GRANTS TO STATES THAT IMPLEMENT NA9 TIONAL DRIVER EDUCATION STANDARDS AND EN10 HANCED INTERMEDIATE STAGE RESTRICTIONS.— 

11 ‘‘(A) IN GENERAL.—The Secretary shall 

12 make a separate grant under this paragraph, in 

13 accordance with subparagraphs (B) and (C), to 

14 each State that implements national driver edu15 cation and training standards prescribed by the 

16 National Highway Traffic Safety Administra17 tion and enhanced intermediate stage restric18 tions. 

19 ‘‘(B) FIRST YEAR.—A State is eligible for 

20 the grant described in this paragraph if the 

21 State— 

22 ‘‘(i) has not received a grant under 

23 this paragraph in a prior fiscal year; 

24 ‘‘(ii) receives a grant in the same fis25 cal year pursuant to paragraph (1); 


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1 ‘‘(iii) has satisfied the criterion de2 scribed in paragraph (2)(A)(iii)(III) for the 

3 same fiscal year; and 

4 ‘‘(iv) submits a plan, approved by the 

5 Secretary, to implement national driver 

6 education and training standards pre7 scribed by the National Highway Traffic 

8 Safety Administration. 

9 ‘‘(C) SUCCESSIVE YEARS.—A State is eligi10 ble for the grant described in this paragraph if 

11 the State— 

12 ‘‘(i) has received a grant under this 

13 paragraph in a prior fiscal year; 

14 ‘‘(ii) receives a grant in the same fis15 cal year pursuant to paragraph (1); 

16 ‘‘(iii) has satisfied the criterion de17 scribed in paragraph (2)(A)(iii)(III) for the 

18 same fiscal year; 

19 ‘‘(iv) demonstrates, to the satisfaction 

20 of the Secretary, that it is implementing 

21 the plan described in subparagraph 

22 (B)(iv); 

23 ‘‘(v) imposes the restrictions described 

24 in paragraph (2)(B)(ii) beginning no later 

25 than 10:00 p.m.; and 


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1 ‘‘(vi) imposes the restrictions de2 scribed in paragraph (2)(B)(iii) for the en3 tire intermediate stage. 

4 ‘‘(D) FUNDING.—Not more than 33 per5 cent of the amounts made available to carry out 

6 this subsection in a fiscal year shall be made 

7 available by the Secretary for making grants 

8 under this paragraph. 

9 ‘‘(5) GRANT AMOUNT.—The allocation of grant 

10 funds to a State under this subsection for a fiscal 

11 year shall be in proportion to the State’s apportion12 ment under section 402 for fiscal year 2009. 

13 ‘‘(6) USE OF GRANT AMOUNTS.—Of the grant 

14 funds received by a State under this subsection— 

15 ‘‘(A) at least 25 percent shall be used 

16 for— 

17 ‘‘(i) enforcing a 2-stage licensing 

18 process that complies with paragraph (2); 

19 ‘‘(ii) training for law enforcement per20 sonnel and other relevant State agency 

21 personnel relating to the enforcement de22 scribed in clause (i); 

23 ‘‘(iii) publishing relevant educational 

24 materials that pertain directly or indirectly 

25 to the State graduated driver licensing law; 


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1 ‘‘(iv) carrying out other administrative 

2 activities that the Secretary considers rel3 evant to the State’s 2-stage licensing proc4 ess; or 

5 ‘‘(v) carrying out a teen traffic safety 

6 program described in section 402(m); and 

7 ‘‘(B) up to 75 percent may be used for any 

8 eligible project or activity under section 402.’’. 

9 SEC. 4006. AMENDMENT TO IGNITION INTERLOCK GRANT 

10 CRITERIA. 

11 Section 405(d)(6) of title 23, United States Code, is 

12 amended by striking subparagraph (A) and inserting the 

13 following: 

14 ‘‘(A) IN GENERAL.—The Secretary shall 

15 make a separate grant under this subsection to 

16 each State that adopts and is enforcing a law 

17 that requires all individuals convicted of driving 

18 under the influence of alcohol or of driving 

19 while intoxicated to receive— 

20 ‘‘(i) a restriction on driving privileges 

21 that limits the individual to operating only 

22 motor vehicles with an ignition interlock 

23 installed; or 

24 ‘‘(ii) a requirement to participate in a 

25 24–7 sobriety program, if— 


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1 ‘‘(I) a State-certified ignition 

2 interlock provider is not available 

3 within 100 miles of the individual’s 

4 residence; or 

5 ‘‘(II) the individual is required to 

6 operate an employer’s motor vehicle in 

7 the course and scope of employment 

8 and the business entity that owns the 

9 vehicle is not owned or controlled by 

10 the individual.’’. 

11 SEC. 4007. AMENDMENT TO REPEAT OFFENDER AND OPEN 

12 CONTAINER CRITERIA. 

13 (a) DEFINITIONS.—Section 164(a) of title 23, United 

14 States Code, is amended— 

15 (1) by redesignating paragraphs (1) through 

16 (4) as paragraphs (2) through (5), respectively; 

17 (2) by inserting before paragraph (2), as redes18 ignated, the following: 

19 ‘‘(1) 24–7 SOBRIETY PROGRAM.—The term 

20 ‘24–7 sobriety program’ means a State law or pro21 gram that authorizes a State court or a State agen22 cy to— 

23 ‘‘(A) require an individual who plead guilty 

24 or was convicted of driving under the influence 


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1 of alcohol to totally abstain from alcohol for a 

2 period of time; and 

3 ‘‘(B) require the individual to be subject to 

4 testing for alcohol— 

5 ‘‘(i) at least twice per day; or 

6 ‘‘(ii) by continuous transdermal alco7 hol monitoring via an electronic monitoring 

8 device.’’; 

9 (3) in paragraph (5), as redesignated, by strik10 ing subparagraph (A) and inserting the following: 

11 ‘‘(A) receive, for a period of not less than 

12 1 year, one or more of the following penalties— 

13 ‘‘(i) a suspension of all driving privi14 leges; 

15 ‘‘(ii) a restriction on driving privileges 

16 that limits the individual to operating only 

17 motor vehicles with an ignition interlock 

18 device installed; 

19 ‘‘(iii) a requirement to participate in a 

20 24–7 sobriety program, if— 

21 ‘‘(I) a State-certified ignition 

22 interlock provider is not available 

23 within 100 miles of the individual’s 

24 residence; or 


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1 ‘‘(II) the individual is required to 

2 operate an employer’s motor vehicle in 

3 the course and scope of employment 

4 and the business entity that owns the 

5 vehicle is not owned or controlled by 

6 the individual; or 

7 ‘‘(iv) any other restriction established 

8 by regulations promulgated by the Sec9 retary;’’; 

10 (4) in paragraph (5), as redesignated, by strik11 ing subparagraph (B); and 

12 (5) in paragraph (5), as redesignated, by redes13 ignating subparagraphs (C) and (D) as subpara14 graphs (B) and (C), respectively. 

15 (b) TRANSFER OF FUNDS.—Section 164(b) of title 

16 23, United States Code, is amended— 

17 (1) in paragraph (2)(A), by striking ‘‘among 

18 the uses authorized under subparagraphs (A) and 

19 (B) of paragraph (1), and paragraph (3).’’ and in20 serting ‘‘among the uses authorized under subpara21 graphs (A) and (B) of paragraph (1), paragraph (3), 

22 and, beginning in fiscal year 2016, subparagraph 

23 (C).’’; and 

24 (2) by inserting the following after paragraph 

25 (2)(B): 


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1 ‘‘(C) ADDITIONAL USES OF FUNDS.—Be2 ginning in fiscal year 2016, of the funds trans3 ferred under subparagraph (B)(i)— 

4 ‘‘(i) not less than 5 percent shall be 

5 expended for pedestrian and bicycle safety 

6 activities if the State’s combined pedes7 trian and bicycle fatalities exceed 5 percent 

8 of the State’s total crash fatalities, based 

9 on the most recently reported final data 

10 from the Fatality Analysis Reporting Sys11 tem; and 

12 ‘‘(ii) not more than 60 percent may be 

13 directed to State and local law enforcement 

14 agencies for enforcement of laws that can 

15 lead to the detection of impaired drivers, 

16 including the purchase of equipment, the 

17 training of officers, and the use of addi18 tional personnel dedicated to enforce19 ment.’’. 

20 (c) TRANSFER OF FUNDS.—Section 154(c) of title 

21 23, United States Code, is amended— 

22 (1) in paragraph (2)(A), by striking ‘‘use those 

23 reserved funds in accordance with subparagraphs 

24 (A) and (B) of paragraph (1) and paragraph (3).’’ 

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1 ance with subparagraphs (A) and (B) of paragraph 

2 (1), paragraph (3), and, beginning in fiscal year 

3 2016, subparagraph (C).’’; and 

4 (2) by inserting the following after paragraph 

5 (2)(B): 

6 ‘‘(C) ADDITIONAL USES OF FUNDS.—Be7 ginning in fiscal year 2016, of the funds trans8 ferred under subparagraph (B)(i)— 

9 ‘‘(i) not less than 5 percent shall be 

10 expended for pedestrian and bicycle safety 

11 activities if the State’s combined pedes12 trian and bicycle fatalities exceed 5 percent 

13 of the State’s total crash fatalities, based 

14 on the most recently reported final data 

15 from the Fatality Analysis Reporting Sys16 tem; and 

17 ‘‘(ii) not more than 60 percent may be 

18 directed to State and local law enforcement 

19 agencies for enforcement of laws that can 

20 lead to the detection of impaired drivers, 

21 including the purchase of equipment, the 

22 training of officers, and the use of addi23 tional personnel dedicated to enforce24 ment.’’. 


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1 SEC. 4008. AMENDMENT TO DISTRACTED DRIVING GRANT 

2 CRITERIA. 

3 Section 405(e) of title 23, United States Code, is 

4 amended— 

5 (1) in paragraph (3)— 

6 (A) by inserting ‘‘and’’ at the end of sub7 paragraph (B); and 

8 (B) by striking subparagraph (C) and re9 designating subparagraph (D) as subparagraph 

10 (C); 

11 (2) in paragraph (4)(C), by striking ‘‘section 

12 31152’’ and inserting ‘‘section 31136’’; 

13 (3) in paragraph (5), by striking ‘‘Of’’ and in14 serting ‘‘Except as provided in paragraph (6)(B), 

15 of’’; 

16 (4) by striking paragraph (6) and inserting 

17 after paragraph (5) the following: 

18 ‘‘(6) DISTRACTED DRIVING ENFORCEMENT

19 GRANTS.— 

20 ‘‘(A) IN GENERAL.—The Secretary may 

21 use up to 50 percent of the amounts available 

22 for grants under this subsection to award 

23 grants to a State that— 

24 ‘‘(i) in fiscal year 2016— 

25 ‘‘(I) has a basic text messaging 

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1 retary, that is applicable to drivers of 

2 all ages; 

3 ‘‘(II) makes violation of the stat4 ute a primary offense; 

5 ‘‘(III) participates in the annual 

6 distracted driving law enforcement 

7 mobilization coordinated by the Sec8 retary; and 

9 ‘‘(IV) is otherwise ineligible for a 

10 grant under this subsection; 

11 ‘‘(ii) in fiscal year 2017— 

12 ‘‘(I) meets the requirements of 

13 subparagraph (A)(i); and 

14 ‘‘(II) has a statute that estab15 lishes a minimum fine for a first vio16 lation and increased fines for repeat 

17 violations of the statute; and 

18 ‘‘(iii) in fiscal year 2018— 

19 ‘‘(I) meets the requirements of 

20 subparagraphs (A)(i) and (A)(ii); and 

21 ‘‘(II) has a statute that prohibits 

22 a driver who is younger than 18 years 

23 of age from using a personal wireless 

24 communications device while driving. 


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1 ‘‘(B) USE OF GRANT FUNDS; ENFORCE2 MENT GRANTS.— 

3 ‘‘(i) Subject to subparagraphs (B)(ii) 

4 and (B)(iii), amounts received by a State 

5 under subparagraph (A) may be used for 

6 activities related to the enforcement of dis7 tracted driving laws as follows: 

8 ‘‘(ii) In fiscal year 2017, up to 15 

9 percent for any eligible project or activity 

10 under section 402. 

11 ‘‘(iii) In fiscal year 2018, up to 25 

12 percent for any eligible project or activity 

13 under section 402.’’; and 

14 (5) by striking paragraph (8), redesignating 

15 paragraph (7) as paragraph (8), and inserting after 

16 paragraph (6), as amended by this Act, the fol17 lowing: 

18 ‘‘(7) GRANT AMOUNT.—The allocation of grant 

19 funds to a State under this subsection shall be in 

20 proportion to the State’s apportionment under sec21 tion 402 for fiscal year 2009.’’. 

22 SEC. 4009. STREAMLINING OF NATIONAL PRIORITY SAFETY 

23 PROGRAMS. 

24 Section 405(a)(1) of title 23, United States Code, is 

25 amended by striking subparagraph (H). 


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1 SEC. 4010. AMENDMENT TO HIGHWAY RESEARCH AND DE2 VELOPMENT. 

3 Section 403 of title 23, United States Code, is 

4 amended by inserting at the end the following: 

5 ‘‘(i) FEDERAL SHARE.—The Federal share of the 

6 cost of any project or activity carried out under this sec7 tion may be up to 100 percent if so specified in the project 

8 agreement.’’. 

9 Subtitle B—Motor Vehicle Safety 

10 SEC. 4101. AUTHORIZATION OF APPROPRIATIONS. 

11 (a) IN GENERAL.—The following sums are author12 ized to be appropriated out of the Highway Account of 

13 the Transportation Trust Fund to carry out chapter 301 

14 of title 49, United States Code, and part C of subtitle VI 

15 of title 49, United States Code: 

16 (1) $179,000,000 for fiscal year 2016; 

17 (2) $187,055,000 for fiscal year 2017; 

18 (3) $195,659,530 for fiscal year 2018; 

19 (4) $204,268,549 for fiscal year 2019; 

20 (5) $214,073,440 for fiscal year 2020; and 

21 (6) $223,920,818 for fiscal year 2021. 

22 (b) CONTRACT AUTHORITY.—The amounts made 

23 available under subsection (a) shall be available for obliga24 tion in the same manner as if such funds were apportioned 

25 or allocated under chapter 1 of title 23, United States 

26 Code, except that the Federal share of the cost of any 


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1 project or activity carried out under chapter 301 of title 

2 49, United States Code, or part C of subtitle VI of title 

3 49, United States Code, shall be 100 percent or as other4 wise provided in the project agreement. 

5 SEC. 4102. RECALL OBLIGATIONS UNDER BANKRUPTCY. 

6 Section 30120A of title 49, United States Code, is 

7 amended to read as follows: 

8 ‘‘Notwithstanding any provision of title 11, United 

9 States Code, a manufacturer’s duty to comply with section 

10 30112, sections 30115 through 30121, and section 30166 

11 of this title shall be enforceable against a manufacturer 

12 or a manufacturer’s successors-in-interest whether accom13 plished by merger or by acquisition of the manufacturer’s 

14 stock, the acquisition of all or substantially all of the man15 ufacturer’s assets or a discrete product line, or confirma16 tion of any plan of reorganization under section 1129 of 

17 title 11.’’. 

18 SEC. 4103. PROHIBITION ON RENDERING SAFETY ELE19 MENTS INOPERATIVE AND CRIMINAL PEN20 ALTIES. 

21 (a) IN GENERAL.—Section 30122 of title 49, United 

22 States Code, is amended by revising subsection (b) to read 

23 as follows: 

24 ‘‘(b) PROHIBITION.—(1) Except as provided in para25 graph (2) of this subsection, a person may not knowingly 


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1 make inoperative any part of a device or element of design 

2 installed on or in a motor vehicle or motor vehicle equip3 ment in compliance with an applicable motor vehicle safety 

4 standard prescribed under this chapter unless the person 

5 reasonably believes the vehicle or equipment will not be 

6 used (except for testing or a similar purpose during main7 tenance or repair) when the device or element is inoper8 ative. 

9 ‘‘(2) The prohibition in paragraph (1) does not apply 

10 to modifications made by an individual to a motor vehicle 

11 or item of equipment owned or leased by that individual.’’. 

12 (b) CRIMINAL LIABILITY.—Section 30170 of title 49, 

13 United States Code, is amended by inserting after para14 graph (b) the following; 

15 ‘‘(c) CRIMINAL LIABILITY FOR TAMPERING WITH

16 MOTOR VEHICLE SAFETY ELEMENTS.—Whoever willfully, 

17 with intent to endanger the safety of any person on board 

18 a motor vehicle or anyone who he believes will board the 

19 same, or with a reckless disregard for the safety of human 

20 life, violates section 30122(b) under this title shall be sub21 ject to criminal penalties under section 33(a) of title 18.’’. 

22 SEC. 4104. COOPERATION WITH FOREIGN GOVERNMENTS. 

23 (a) TITLE 49 AMENDMENT.—Section 30182(b) of 

24 title 49, United States Code, is amended by inserting after 

25 paragraph (5) the following: 


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1 ‘‘(6) enter into cooperative agreements (in co2 ordination with the Department of State) and col3 laborative research and development agreements 

4 with foreign governments.’’. 

5 (b) TITLE 23 AMENDMENT.—Section 403 of title 23, 

6 United States Code, is amended— 

7 (1) in subsection (b)(2)(C), by inserting ‘‘for8 eign government (in coordination with the Depart9 ment of State)’’ after ‘‘institution,’’; and 

10 (2) in subsection (c)(1)(A), by inserting ‘‘for11 eign governments,’’ after ‘‘local governments,’’. 

12 SEC. 4105. FUNCTIONAL SAFETY PROCESS. 

13 (a) STANDARDS.—Section 30111 of title 49, United 

14 States Code, is amended— 

15 (1) by revising the heading of the section to 

16 read as follows: 

17 ‘‘§ 30111. Standards and functional safety process’’; 

18 and 

19 (2) by inserting the following after subsection 

20 (e): 

21 ‘‘(f) FUNCTIONAL SAFETY PROCESS.—The Secretary 

22 shall prescribe requirements or guidelines for the design, 

23 functional safety process, verification and validation, and 

24 development of safety-related electronics or software used 

25 in motor vehicles and motor vehicle equipment to ensure 


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1 that they are likely to function as intended and contain 

2 fail safe features. The requirements shall be in the form 

3 of regulations or guidelines. In prescribing regulations or 

4 guidelines under this subsection, the Secretary shall con5 sider existing relevant safety information and motor vehi6 cle safety standards.’’. 

7 (b) Section 30165(1) of title 49, United States Code, 

8 is amended by inserting ‘‘30111(f),’’ after ‘‘section’’. 

9 (c) CONFORMING AMENDMENT.—The analysis for 

10 chapter 301 is amended by striking the item relating to 

11 section 30111 and inserting the following: 

‘‘30111. Standards and functional safety process.’’. 

12 SEC. 4106. NOTIFICATION OF DEFECT OR NONCOMPLIANCE 

13 AND IMMINENT HAZARD AUTHORITY. 

14 (a) IN GENERAL.—Section 30118 of title 49, United 

15 States Code, is amended in subsection (c), by inserting 

16 ‘‘or electronic mail’’ after ‘‘certified mail’’. 

17 (b) IMMINENT HAZARD.—Title 49, United States 

18 Code, is amended by inserting after section 30167 the fol19 lowing: 

20 ‘‘§ 30168. Imminent Hazard Authority 

21 ‘‘(a) IMMINENT HAZARD ORDERS.— 

22 ‘‘(1) If, through testing, inspection, investiga23 tion, or research carried out under this chapter, the 

24 Secretary of Transportation decides that an unsafe 

25 condition or practice, or a combination of unsafe 


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1 conditions and practices, causes an emergency situa2 tion involving an imminent hazard of death, personal 

3 injury, or significant harm to the public, the Sec4 retary immediately may issue an order prescribing 

5 such restrictions and prohibitions as may be nec6 essary to abate the situation, without regard to re7 quirements for prior notice or hearings under this 

8 chapter. 

9 ‘‘(2) The order shall describe the condition or 

10 practice, or the combination of conditions and prac11 tices, that causes the emergency situation and pre12 scribe standards and procedures for obtaining relief 

13 from the order. This paragraph does not affect the 

14 Secretary’s discretion under this section to maintain 

15 the order in effect for as long as the emergency situ16 ation exists. 

17 ‘‘(3) The failure to comply immediately with an 

18 order under this section shall subject the person to 

19 penalties prescribed in section 30165. 

20 ‘‘(b) TIMELY REVIEW OF ORDERS.—The Secretary 

21 shall provide opportunity for review of the order under sec22 tion 554 of title 5. If a petition for review is filed, the 

23 order will cease to have effect 30 days after the date the 

24 order was issued if review is not completed by that time, 


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1 unless the Secretary determines in writing that the emer2 gency situation still exists.’’. 

3 (c) CONFORMING AMENDMENT.—The analysis of 

4 chapter 301 of title 49, United States Code, is amended 

5 by inserting the following after the item relating to section 

6 30167: 

‘‘30168. Imminent Hazard Authority.’’. 

7 SEC. 4107. AMENDMENT TO JUDICIAL REVIEW PROVISIONS. 

8 (a) IN GENERAL.—Section 30161 of title 49, United 

9 States Code, is amended— 

10 (1) by revising the heading of the section to 

11 read as follows: 

12 ‘‘§ 30161. Judicial review of orders and standards’’; 

13 and 

14 (2) by striking the first sentence of subsection 

15 (a), and inserting the following: 

16 ‘‘Except for an order to issue provisional notification 

17 under section 30121 of this title, which may not be re18 viewed, a person adversely affected by an order issued 

19 under this chapter, a rule prescribing a motor vehicle safe20 ty standard under this chapter, or any other final agency 

21 action taken under this chapter may apply for review of 

22 the order, rule, or action by filing a petition for review 

23 in the Court of Appeals of the United States for the circuit 

24 in which the person resides or has its principal place of 

25 business or the District of Columbia Circuit.’’. 


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1 (b) RECALLS ENFORCEMENT.—Section 30163 of title 

2 49, United States Code, is amended by adding the fol3 lowing at the end: 

4 ‘‘(f) ACTIONS TO ENFORCE RECALL ORDERS.—In an 

5 action brought under subsection (a) of this section con6 cerning an order issued under section 30118(b) of this 

7 title, the Attorney General need only prove that the Sec8 retary provided appropriate notification to the manufac9 turer under section 30118 and need not establish the sub10 stantive validity of the order, which may only be chal11 lenged by the manufacturer through the timely filing of 

12 a petition under section 30161 of this title. If an action 

13 is brought under subsection (a) of this section prior to 

14 the expiration of the time available for the filing of a peti15 tion under section 30161, the manufacturer may seek a 

16 stay of the district court action until the resolution of any 

17 petition for review under section 30161. 

18 ‘‘(g) ACTIONS TO COLLECT A CIVIL PENALTY.—The 

19 Attorney General may bring a civil action in a United 

20 States District Court to collect a civil penalty or to collect 

21 an amount agreed upon in compromise by the Secretary 

22 under section 30165 of this title.’’. 

23 (c) CONFORMING AMENDMENT.—The analysis for 

24 chapter 301 is amended by striking the item relating to 

25 section 30161 and inserting the following: 

‘‘30161. Judicial review of orders and standards.’’. 


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1 SEC. 4108. INSPECTION AUTHORITY UNDER AUTOMOBILE 

2 FUEL ECONOMY STATUTE. 

3 Section 32910 of title 49, United States Code, is 

4 amended— 

5 (1) in subsection (a)(1)(A), by striking ‘‘inspect 

6 and copy records of any person at reasonable times’’, 

7 and inserting ‘‘conduct an inspection or investigation 

8 that may be necessary to enforce this chapter or a 

9 regulation prescribed or order issued under this 

10 chapter’’; and 

11 (2) by redesignating subsections (b), (c) and (d) 

12 as (c), (d) and (e), respectively, and inserting after 

13 subsection (a) the following: 

14 ‘‘(b) MATTERS THAT CAN BE INSPECTED AND IM15 POUNDMENT.—In carrying out this chapter, an officer or 

16 employee designated by the Secretary of Transportation— 

17 ‘‘(1) at reasonable times, may inspect and copy 

18 any record related to this chapter; 

19 ‘‘(2) on request, may inspect records of a man20 ufacturer, distributor, or dealer to decide whether 

21 the manufacturer, distributor, or dealer has com22 plied or is complying with this chapter or a regula23 tion prescribed or order issued under this chapter; 

24 and 

25 ‘‘(3) at reasonable times, in a reasonable way, 

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1 tice to an owner, operator, or agent in charge, 

2 may— 

3 ‘‘(A) enter and inspect with reasonable 

4 promptness premises in which a motor vehicle 

5 or motor vehicle equipment is manufactured, 

6 held for introduction in interstate commerce, or 

7 held for sale after introduction in interstate 

8 commerce; 

9 ‘‘(B) inspect with reasonable promptness 

10 that vehicle or equipment; and 

11 ‘‘(C) impound for not more than 72 hours 

12 that vehicle or equipment.’’. 

13 SEC. 4109. RECALL AUTHORITY OVER RENTAL CAR COMPA14 NIES AND USED CAR DEALERS. 

15 (a) SALE, LEASE OR RENTAL RESTRICTIONS.—Sec16 tion 30120(i) of title 49, United States Code, is amended 

17 to read as follows: 

18 ‘‘(i) LIMITATION ON SALE, LEASE OR RENTAL OF

19 VEHICLES OR EQUIPMENT.—(1) After receipt of a notifi20 cation of a defect or noncompliance about a motor vehicle 

21 or new item of replacement equipment under section 

22 30119 of this title, a dealer may sell or lease that motor 

23 vehicle or new item of replacement equipment, and a rent24 al company may rent that vehicle, only if— 


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1 ‘‘(A) the defect or noncompliance is remedied as 

2 required by this section before delivery under the 

3 sale, lease or rental agreement; or 

4 ‘‘(B) when the notification is required by an 

5 order under section 30118(b) of this title, enforce6 ment of the order is restrained or the order is set 

7 aside in a civil action to which section 30121(d) of 

8 this title applies. 

9 ‘‘(2) This subsection does not prohibit a dealer from 

10 offering for sale or lease the vehicle or equipment. 

11 ‘‘(3) As used in this subsection, the term ‘rental com12 pany’ means a person who is engaged in the business of 

13 renting a motor vehicle that has a gross vehicle weight 

14 rating of 10,000 pounds or less, is rented without a driver 

15 for an initial term of less than 4 months and is part of 

16 a motor vehicle fleet of 5 or more motor vehicles that are 

17 used for rental purposes.’’. 

18 (b) SALE OR LEASE OF USED MOTOR VEHICLES.— 

19 Section 30120 of title 49, United States Code, is amended 

20 by adding at the end the following: 

21 ‘‘(k) LIMITATION ON SALE OR LEASE OF USED

22 MOTOR VEHICLES.—(1) A person who sold at least 10 

23 motor vehicles during the prior 12 months to purchasers 

24 that in good faith purchase the vehicles other than for re25 sale, may not sell or lease a used motor vehicle until any 


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1 defect or noncompliance determined under section 30118 

2 of this title with respect to the vehicle has been remedied. 

3 ‘‘(2) Paragraph (1) shall not apply if— 

4 ‘‘(A) notification of the defect or noncompliance 

5 with respect to the vehicle is required under section 

6 30118(b) but enforcement of the order is set aside 

7 in a civil action to which section 30121(b) applies; 

8 or 

9 ‘‘(B) if at the time of sale or lease— 

10 ‘‘(i) the recall information regarding a 

11 used motor vehicle was not available using the 

12 means established by the Secretary under sec13 tion 31301 of Public Law 112–141; and 

14 ‘‘(ii) notification under section 30119 was 

15 not received by the seller or lessor. 

16 ‘‘(3) As used in this subsection, the term ‘used motor 

17 vehicle’ means a motor vehicle that has been purchased 

18 previously other than for resale.’’. 

19 SEC. 4110. CIVIL PENALTIES. 

20 Section 30165(a) of title 49, United States Code, is 

21 amended— 

22 (1) in paragraph (1)— 

23 (A) by inserting ‘‘or causes the violation 

24 of’’ after ‘‘violates’’ in the first sentence; 


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1 (B) by striking ‘‘$5,000’’ and inserting 

2 ‘‘$25,000’’; 

3 (C) by striking ‘‘$35,000,000’’ and insert4 ing ‘‘$300,000,000’’; and 

5 (D) by inserting at the end of the para6 graph the following: 

7 ‘‘An individual is liable under this section only for willfully 

8 causing or committing a violation. An individual who has 

9 been instructed to commit a violation by a person of great10 er authority in the entity in which the individual is em11 ployed has not acted willfully.’’; 

12 (2) in paragraph (2)— 

13 (A) by striking ‘‘$10,000’’ in subparagraph 

14 (A) and inserting ‘‘$100,000’’; and 

15 (B) by striking ‘‘$15,000,000’’ in subpara16 graph (B) and inserting ‘‘$300,000,000’’; and 

17 (3) in paragraph (3)— 

18 (A) by striking ‘‘$5,000’’ and inserting 

19 ‘‘$25,000’’; and 

20 (B) by striking ‘‘$35,000,000’’ and insert21 ing ‘‘$300,000,000’’. 


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1 SEC. 4111. TECHNICAL CORRECTIONS TO THE MOTOR VEHI2 CLE AND HIGHWAY SAFETY IMPROVEMENT 

3 ACT OF 2012. 

4 (a) HIGHWAY SAFETY PROGRAMS.—Section 402 of 

5 title 23, United States Code is amended— 

6 (1) in subsection (b)(1)(C), by striking ‘‘except 

7 as provided in paragraph (3),’’; 

8 (2) in subsection (b)(1)(E)— 

9 (A) by striking ‘‘in which a State’’ and in10 serting ‘‘for which a State’’; and 

11 (B) by striking ‘‘subsection (f)’’ and insert12 ing ‘‘subsection (k)’’; and 

13 (3) in subsection (k)(4), by striking ‘‘paragraph 

14 (2)(A)’’ and inserting ‘‘paragraph (3)(A)’’. 

15 (b) HIGHWAY SAFETY RESEARCH AND DEVELOP16 MENT.—Section 403(e) of title 23, United States Code is 

17 amended by inserting ‘‘of title 49, United States Code’’ 

18 after ‘‘chapter 301’’. 

19 (c) NATIONAL PRIORITY SAFETY PROGRAMS.—Sec20 tion 405 of title 23, United States Code is amended— 

21 (1) in subsection (d)(5), by striking ‘‘section 

22 402(c)’’ and inserting ‘‘section 402’’; 

23 (2) by striking subsection (f)(2), and inserting 

24 the following: 

25 ‘‘(2) GRANT AMOUNT.—The allocation of grant 

26 funds to a State under this subsection for a fiscal 


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1 year shall be in proportion to the State’s apportion2 ment under section 402 for fiscal year 2009, pro3 vided that the amount of a grant awarded to a State 

4 for a fiscal year may not exceed 25 percent of the 

5 amount apportioned to the State under section 402 

6 for fiscal year 2009.’’; and 

7 (3) in subsection (f)(4)(A)(iv), by striking 

8 ‘‘under subsection (g)’’. 

9 (d) OPEN CONTAINER REQUIREMENTS.—Section 154 

10 of title 23, United States Code is amended— 

11 (1) in subsection (c)(3)(A), by striking ‘‘trans12 ferred’’ and inserting ‘‘reserved’’; and 

13 (2) in subsection (c)(5), by inserting ‘‘or re14 leased’’ after ‘‘transferred’’. 

15 (e) MINIMUM PENALTIES FOR REPEAT OFFENDERS

16 FOR DRIVING WHILE INTOXICATED OR DRIVING UNDER

17 THE INFLUENCE.—Section 164 of title 23, United States 

18 Code is amended— 

19 (1) in subsection (b)(3)(A), by striking ‘‘trans20 ferred’’ and inserting ‘‘reserved’’; and 

21 (2) in subsection (b)(5), by inserting ‘‘or re22 leased’’ after ‘‘transferred’’. 


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1 SEC. 4112. TIRE REGISTRATION BY INDEPENDENT SELL2 ERS. 

3 Subsection (b) of section 30117 of title 49, United 

4 States Code, is amended by revising paragraph (3) to read 

5 as follows: 

6 ‘‘(3) The Secretary may initiate a rulemaking 

7 to consider requiring a distributor or dealer of tires 

8 that is not owned or controlled by a manufacturer 

9 of tires to maintain records of the name and address 

10 of tire purchasers and lessors and information iden11 tifying the tire that was purchased or leased, and 

12 any additional records the Secretary deems appro13 priate. Such rulemaking may also consider requiring 

14 a distributor or dealer of tires that is not owned or 

15 controlled by a manufacturer of tires to electroni16 cally transmit such records to the manufacturer of 

17 the tire by secure means at no cost to tire pur18 chasers or lessors.’’. 

19 SEC. 4113. EXTENSION OF TIME PERIOD FOR REMEDY OF 

20 TIRE DEFECTS. 

21 Subsection (b) of section 30120 of title 49, United 

22 States Code, is amended— 

23 (1) by striking ‘‘60 days’’ in paragraph (1) and 

24 replacing it with ‘‘six months’’; and 


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1 (2) by striking ‘‘60-day’’ in paragraph (2), 

2 wherever it appears, and replacing it with ‘‘six3 month’’. 

4 SEC. 4114. DEALER REQUIREMENT TO CHECK FOR 

5 UNREMEDIED RECALL. 

6 Section 30120(f) of title 49, United States Code, is 

7 amended by striking the period at the end and inserting 

8 the following: ‘‘, provided that— 

9 ‘‘(1) the dealer notifies the owner of each of the 

10 manufacturer’s vehicles it services at the time of the 

11 service of any defect or noncompliance remedy that 

12 has not been performed; and 

13 ‘‘(2) such notification is a requirement specified 

14 in a franchise, operating or other agreement between 

15 the dealer and manufacturer.’’. 

16 SEC. 4115. PILOT GRANT PROGRAM FOR STATE NOTIFICA17 TION TO CONSUMERS OF MOTOR VEHICLE 

18 RECALL STATUS. 

19 (a) IN GENERAL.—The Secretary shall conduct a 

20 pilot program to evaluate the feasibility and effectiveness 

21 of a State process for informing consumers of open motor 

22 vehicle recalls at the time of motor vehicle registration in 

23 the State. 

24 (b) GRANTS.—To carry out this program, the Sec25 retary may make a grant to a State that agrees to comply 


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1 with the requirements of this section. Funds made avail2 able to a State shall be used for the project described in 

3 this section. 

4 (c) ELIGIBILITY.—To be eligible for a grant, a State 

5 shall submit an application in which it agrees to notify, 

6 at the time of registration, each owner or lessee of a motor 

7 vehicle presented for registration in the State of any open 

8 recall on that vehicle, and provide such other information 

9 as the Secretary may require. 

10 (d) AWARD.—In selecting an applicant for award 

11 under this section, the Secretary shall consider the State’s 

12 methodology for determining open recalls on a motor vehi13 cle and for informing consumers of such open recalls. 

14 (e) PERFORMANCE PERIOD.—A grant awarded under 

15 this section shall require a two-year performance period. 

16 (f) REPORT.—Not later than 90 days after comple17 tion of performance under the grant, the grantee shall pro18 vide to the Secretary a report of performance containing 

19 such information as the Secretary may require. 

20 (g) EVALUATION.—One year after expiration of the 

21 grant under this section, the Secretary shall evaluate the 

22 extent to which open recalls identified under subsection 

23 (c) have been remedied. 

24 (h) FUNDING.—Notwithstanding the apportionment 

25 formula set forth in 23 U.S.C. 402(c)(2), up to 


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1 $2,000,000 of the amounts made available for apportion2 ment to the States for highway safety programs under 23 

3 U.S.C. 402(c) in fiscal year 2017 shall be available for 

4 grants under subsection (b). 

5 (i) DEFINITIONS.—In this section: 

6 (1) ‘‘Motor vehicle’’ has the meaning such term 

7 has under section 30102(a)(6) of title 49, United 

8 States Code. 

9 (2) ‘‘Open recall’’ means a recall for which a 

10 notification by a manufacturer is required under sec11 tion 30118 of title 49, United States Code and that 

12 has not been remedied under section 30120 of title 

13 49, United States Code. 

14 (3) ‘‘Registration’’ means the process for reg15 istering vehicles for use in the State. 

16 (4) ‘‘State’’ has the meaning such term has 

17 under section 101(a) of title 23, United States Code. 

18 TITLE V—MOTOR CARRIER 

19 SAFETY PROGRAM 

20 SEC. 5001. AMENDMENT OF TITLE 49, UNITED STATES 

21 CODE. 

22 Except as otherwise expressly provided, whenever in 

23 this title an amendment or repeal is expressed in terms 

24 of an amendment to, or a repeal of, a section or other 

25 provision, the reference shall be considered to be made to 


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1 a section or other provision of title 49, United States 

2 Code. 

3 Subtitle A—Commercial Motor 

4 Vehicle Safety 

5 SEC. 5101. COMMERCIAL MOTOR VEHICLE DEFINED. 

6 Section 31101(1) is amended to read as follows: 

7 ‘‘(1) ‘Commercial motor vehicle’ means (except 

8 in section 31106 of this title) a self-propelled or 

9 towed vehicle used on the highways in commerce to 

10 transport passengers or property, if the vehicle— 

11 ‘‘(A) has a gross vehicle weight rating or 

12 gross vehicle weight of at least 10,001 pounds, 

13 whichever is greater; 

14 ‘‘(B) is designed or used to transport more 

15 than 8 passengers (including the driver) for 

16 compensation; 

17 ‘‘(C) is designed or used to transport more 

18 than 15 passengers, including the driver, and is 

19 not used to transport passengers for compensa20 tion; or 

21 ‘‘(D) is used in transporting material 

22 found by the Secretary of Transportation to be 

23 hazardous under section 5103 of this title and 

24 transported in a quantity requiring placarding 


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1 under regulations prescribed by the Secretary 

2 under section 5103 of this title.’’. 

3 SEC. 5102. MOTOR CARRIER OPERATIONS AFFECTING 

4 INTERSTATE COMMERCE. 

5 (a) PROHIBITED TRANSPORTATION.—Section 

6 521(b)(5) is amended by inserting after paragraph (B) the 

7 following: 

8 ‘‘(C) If an employee, vehicle, or all or part 

9 of an employer’s commercial motor vehicle oper10 ations has been ordered out of service pursuant 

11 to paragraph (5)(A), the commercial motor ve12 hicle operations of the employee, vehicle or em13 ployer that affect interstate commerce are also 

14 prohibited.’’. 

15 (b) PROHIBITION ON OPERATION IN INTERSTATE

16 COMMERCE AFTER NONPAYMENT OF PENALTIES.—Sec17 tion 521(b)(8) is amended— 

18 (1) by striking ‘‘An owner or operator of a com19 mercial motor vehicle’’ and inserting ‘‘A person’’ in 

20 subparagraph (A); 

21 (2) by redesignating subparagraph (B) as sub22 paragraph (C); 

23 (3) by inserting after subparagraph (A) the fol24 lowing: 


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1 ‘‘(B) A person prohibited from operating 

2 in interstate commerce pursuant to paragraph 

3 (8)(A) may not operate any commercial motor 

4 vehicle where such operation affects interstate 

5 commerce.’’; and 

6 (4) by striking ‘‘commercial motor vehicle own7 ers and operators’’ in subparagraph (C) (as redesig8 nated by paragraph (2)) and inserting ‘‘a person’’. 

9 SEC. 5103. BUS RENTALS AND DEFINITION OF EMPLOYER. 

10 Paragraph (3) of section 31132 is amended to read 

11 as follows: 

12 ‘‘(3) ‘Employer’— 

13 ‘‘(A) means a person engaged in a business 

14 affecting interstate commerce that— 

15 ‘‘(i) owns or leases a commercial 

16 motor vehicle in connection with that busi17 ness, or assigns an employee to operate the 

18 commercial motor vehicle; or 

19 ‘‘(ii) offers for rent or lease a motor 

20 vehicle designed or used to transport more 

21 than 8 passengers, including the driver, 

22 and from the same location or as part of 

23 the same business provides names or con24 tact information of drivers, or holds itself 


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1 out to the public as a charter bus com2 pany; but 

3 ‘‘(B) does not include the Government, a 

4 State, or a political subdivision of a State.’’. 

5 SEC. 5104. HIGH-RISK CARRIER REVIEWS. 

6 (a) HIGH-RISK CARRIER REVIEWS.—Section 

7 31104(b) (as amended by section 5401) is amended by 

8 adding at the end of paragraph (2) the following: 

9 ‘‘From the funds authorized by this subsection, the Sec10 retary shall ensure that a review is completed on each 

11 motor carrier that demonstrates through performance 

12 data that it poses the highest safety risk. At a minimum, 

13 a review shall be conducted whenever a motor carrier is 

14 among the highest risk carriers for 2 consecutive 

15 months.’’. 

16 (b) CONFORMING AMENDMENT.—Section 4138 of the 

17 Safe, Accountable, Flexible, Efficient Transportation Eq18 uity Act: A Legacy for Users (49 U.S.C. 31144 note) is 

19 repealed. 

20 SEC. 5105. NEW ENTRANT SAFETY AUDITS. 

21 Section 31144(g) is amended— 

22 (1) in paragraph (1)(A)— 

23 (A) by striking ‘‘shall’’ and inserting 

24 ‘‘may’’; and 


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1 (B) by striking ‘‘each owner and each op2 erator’’ and inserting ‘‘an owner or operator’’; 

3 (2) in paragraph (1)(B)— 

4 (A) by striking ‘‘shall’’ and inserting 

5 ‘‘may’’; and 

6 (B) by striking ‘‘each owner and each op7 erator’’ and inserting ‘‘an owner or operator’’; 

8 (3) by striking paragraph (3); 

9 (4) by redesignating paragraphs (4) and (5) as 

10 paragraphs (3) and (4), respectively; and 

11 (5) in paragraph (3), as redesignated, by strik12 ing ‘‘after the date on which section 31148(b) is 

13 first implemented shall’’ and inserting ‘‘may’’. 

14 SEC. 5106. IMMINENT HAZARD ACTIONS. 

15 Section 521(b)(5)(A) is amended— 

16 (1) by striking ‘‘that such’’ and inserting ‘‘that 

17 a request for review must be made in writing within 

18 15 days after issuance of the order, and if timely re19 quested, the’’; 

20 (2) by striking ‘‘occur’’ and inserting ‘‘com21 mence’’; and 

22 (3) by striking ‘‘issuance of such order’’ and in23 serting ‘‘receipt of the request for review’’. 


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1 SEC. 5107. INTERNATIONAL COMMERCE TRANSPORTED ON 

2 HIGHWAYS THROUGH THE UNITED STATES. 

3 (a) Section 13501(1) is amended by— 

4 (1) in subparagraph (D), striking ‘‘or’’; 

5 (2) in subparagraph (E), striking ‘‘and’’ at the 

6 end and inserting ‘‘or’’; and 

7 (3) inserting the following: 

8 ‘‘(F) a foreign country and another foreign 

9 country, or between two places in the same for10 eign country, to the extent the transportation is 

11 in the United States; and’’. 

12 (b) Section 31132(4) is amended by— 

13 (1) striking ‘‘a place in a State and’’; 

14 (2) in subparagraph (A)— 

15 (A) inserting ‘‘a place in a State and’’ be16 fore ‘‘a place outside that State’’; and 

17 (B) striking ‘‘or’’; and 

18 (3) in subparagraph (B)— 

19 (A) inserting ‘‘a place in a State and’’ be20 fore ‘‘another place’’; 

21 (B) striking the period and inserting 

22 ‘‘and’’; and 

23 (C) inserting at the end the following: 

24 ‘‘(C) a foreign country and another foreign 

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1 eign country, to the extent the trade, traffic, or 

2 transportation is in the United States.’’. 

3 Subtitle B—Driver Safety 

4 Provisions 

5 SEC. 5201. COMMERCIAL DRIVER’S LICENSE REQUIRE6 MENTS. 

7 (a) LICENSING STANDARDS.—Section 31305(a)(7) is 

8 amended by inserting ‘‘would not be subject to a disquali9 fication under section 31310(g) of this title and’’ after 

10 ‘‘taking the tests’’. 

11 (b) DISQUALIFICATIONS.—Section 31310(g)(1) is 

12 amended by deleting ‘‘who holds a commercial driver’s li13 cense and’’. 

14 SEC. 5202. DISQUALIFICATIONS BASED ON NON-COMMER15 CIAL MOTOR VEHICLE OPERATIONS. 

16 (a) FIRST OFFENSE.—Section 31310(b)(1)(D) is 

17 amended by deleting ‘‘commercial’’ twice, after ‘‘revoked, 

18 suspended, or canceled based on the individual’s operation 

19 of a’’ and again after ‘‘disqualified from operating a com20 mercial motor vehicle based on the individual’s operation 

21 of a’’. 

22 (b) SECOND OFFENSE.—Section 31310(c)(1)(D) is 

23 amended by striking ‘‘commercial’’ twice, after ‘‘revoked, 

24 suspended, or canceled based on the individual’s operation 

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1 mercial motor vehicle based on the individual’s operation 

2 of a’’. 

3 SEC. 5203. RECORDING OF FEDERAL DISQUALIFICATIONS 

4 ON CDLIS. 

5 Section 31311(a)(15) is amended by— 

6 (1) inserting ‘‘(A)’’ after ‘‘(15)’’; and 

7 (2) inserting after clause (A), as redesignated, 

8 the following: 

9 ‘‘(B) Not later than 10 days after receiv10 ing notice from the Secretary that an individual 

11 has been disqualified by the Secretary from op12 erating a commercial motor vehicle, the State 

13 shall— 

14 ‘‘(i) disqualify the individual from op15 erating a commercial motor vehicle for the 

16 period of the Federal disqualification; and 

17 ‘‘(ii) notify the operator of the infor18 mation system under section 31309 of this 

19 title to record the disqualification and the 

20 violation that resulted in the disqualifica21 tion.’’. 

22 SEC. 5204. FAILURE TO PAY CIVIL PENALTY AS A DISQUALI23 FYING OFFENSE. 

24 (a) IN GENERAL.—Chapter 311 is amended by in25 serting after section 31151 the following: 


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1 ‘‘§ 31152. Disqualification for failure to pay 

2 ‘‘An individual assessed a civil penalty under this 

3 chapter, or chapters 5, 51, or 149 of this title, or a regula4 tion issued under any of those provisions, who fails to pay 

5 the penalty or fails to comply with the terms of a settle6 ment with the Secretary, shall be disqualified from oper7 ating a commercial motor vehicle. The disqualification 

8 shall continue until the penalty has been paid, or the indi9 vidual complies with the terms of the settlement, unless 

10 such nonpayment is because the individual is a debtor in 

11 a case under chapter 11 of title 11, United States Code.’’. 

12 (b) TECHNICAL AMENDMENTS.—Section 31310 is 

13 amended— 

14 (1) by redesignating subsections (h) through (k) 

15 as subsections (i) through (l), respectively; 

16 (2) by inserting after subsection (g) the fol17 lowing: 

18 ‘‘(h) DISQUALIFICATION FOR FAILURE TO PAY.— 

19 The Secretary shall disqualify from operating a commer20 cial motor vehicle any individual failing to pay a civil pen21 alty within the prescribed period, or failing to conform to 

22 the terms of any settlement with the Secretary. The dis23 qualification shall continue until the penalty has been 

24 paid, or the individual conforms to the terms of the settle25 ment, unless the nonpayment is because the individual is 


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1 a debtor in a case under chapter 11 of title 11, United 

2 States Code.’’; and 

3 (3) in subsection (i) (as redesignated by para4 graph (1) of this subsection) by striking ‘‘Notwith5 standing subsections (b) through (g)’’ and inserting 

6 ‘‘Notwithstanding subsections (b) through (h)’’. 

7 (c) CONFORMING AMENDMENT.—The analysis of 

8 chapter 311 is amended by inserting after the item relat9 ing to section 31151 the following: 

‘‘31152. Disqualification for failure to pay.’’. 

10 SEC. 5205. CONTROLLED SUBSTANCE VIOLATIONS. 

11 Section 31310(d) is amended by— 

12 (1) inserting after ‘‘CONTROLLED SUBSTANCE

13 VIOLATIONS.—’’ the following: 

14 ‘‘(1) An individual who receives a verified posi15 tive DOT drug test is disqualified from operating a 

16 commercial motor vehicle and remains disqualified 

17 until the individual completes the substance abuse 

18 professional evaluation and treatment and return to 

19 duty process under part 40, subpart O of title 49, 

20 Code of Federal Regulations.’’; and 

21 (2) inserting ‘‘(2)’’ before ‘‘The Secretary’’. 


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1 Subtitle C—Medical and 

2 Registration Provisions 

3 SEC. 5301. EFFECT OF DRIVING ON COMMERCIAL MOTOR 

4 VEHICLE OPERATORS. 

5 Section 31136(a)(4) is amended to read as follows: 

6 ‘‘(4) the operation of commercial motor vehicles 

7 does not have a significantly adverse effect on the 

8 physical condition of the operators; and’’. 

9 SEC. 5302. REPEAL OF COMMERCIAL JURISDICTION EXCEP10 TION FOR BROKERS OF MOTOR CARRIERS OF 

11 PASSENGERS. 

12 Section 13506(a) is amended by deleting paragraph 

13 (14) and redesignating paragraph (15) as paragraph (14). 

14 SEC. 5303. REVOCATION OR SUSPENSION OF REGISTRA15 TION. 

16 Section 31134(c) is amended— 

17 (1) by striking ‘‘The Secretary’’ and inserting 

18 ‘‘(1) IN GENERAL.—The Secretary’’; 

19 (2) by redesignating paragraphs (1) through 

20 (4) as subparagraphs (A) through (D), respectively; 

21 (3) in subparagraph (1)(B) (as redesignated), 

22 by striking ‘‘knowingly failed to comply with the re23 quirements listed in subsection (b)(1)’’ and inserting 

24 ‘‘willfully failed to comply with— 

25 ‘‘(i) this part; 


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1 ‘‘(ii) an applicable regulation or order 

2 of the Secretary; or 

3 ‘‘(iii) a condition of the registration.’’; 

4 (4) in subparagraph (1)(C) (as redesignated)— 

5 (A) by striking ‘‘has not disclosed’’ and in6 serting ‘‘has— 

7 ‘‘(i) failed to disclose’’; and 

8 (B) after the semicolon, inserting ‘‘or 

9 ‘‘(ii) operated under a new identity or 

10 as an affiliate to avoid— 

11 ‘‘(I) an order of the Secretary; 

12 ‘‘(II) a statutory or regulatory 

13 requirement; 

14 ‘‘(III) a civil penalty imposed 

15 under chapter 5, 51, 149, or 311; 

16 ‘‘(IV) an enforcement action ini17 tiated by the Secretary; 

18 ‘‘(V) a final, proposed or poten19 tial adverse safety fitness determina20 tion; or 

21 ‘‘(VI) a negative compliance his22 tory;’’; 

23 (5) in subparagraph (1)(D) (as redesignated), 

24 by striking the period and inserting a semicolon; and 

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


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1 ‘‘(E) subject to paragraph (3) of this sub2 section, the employer or person failed— 

3 ‘‘(i) to pay a civil penalty imposed 

4 under chapter 5, 51, 149, or 311 of this 

5 title; 

6 ‘‘(ii) to arrange and abide by an ac7 ceptable payment plan for such civil pen8 alty, not later than 90 days after the date 

9 specified by order of the Secretary for the 

10 payment of such penalty; or 

11 ‘‘(iii) to obey a subpoena issued by the 

12 Secretary; or 

13 ‘‘(F) the employer or person failed to dis14 close, in its application for registration, a mate15 rial fact relevant to its willingness and ability to 

16 comply with— 

17 ‘‘(i) this part; 

18 ‘‘(ii) an applicable regulation or order 

19 of the Secretary; or 

20 ‘‘(iii) a condition of its registration. 

21 ‘‘(2) SAFETY FITNESS; IMMINENT HAZARD.— 

22 ‘‘(A) EXPEDITED PROCEDURE.—Notwith23 standing subchapter II of chapter 5 of title 5, 

24 and subject to section 31144(c) of this title, the 


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1 Secretary shall revoke the registration of an 

2 employer or person if the employer or person— 

3 ‘‘(i) has been prohibited from oper4 ating a commercial motor vehicle in inter5 state commerce for failure to comply with 

6 the safety fitness requirements of section 

7 31144 of this title; or 

8 ‘‘(ii) is or was conducting unsafe oper9 ations that are or were an imminent haz10 ard (as defined in section 521(b)(5)(B) of 

11 this title) to public health or property. 

12 ‘‘(B) NOTICE OF REVOCATION.—The Sec13 retary may revoke a registration under this 

14 paragraph only after giving notice of the rev15 ocation to the registrant. 

16 ‘‘(3) LIMITATION.—Paragraph (1)(E) (i) and 

17 (ii) shall not apply to a person who is unable to pay 

18 a civil penalty because the person is a debtor in a 

19 case under chapter 11 of title 11.’’. 

20 SEC. 5304. REVOCATION OF REGISTRATION FOR FAILURE 

21 TO RESPOND TO SUBPOENA. 

22 Section 525 is amended by inserting ‘‘subchapter III 

23 of chapter 311 or’’ before ‘‘chapter 139’’. 


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1 SEC. 5305. LAPSE OF REQUIRED FINANCIAL SECURITY; SUS2 PENSION OF REGISTRATION. 

3 Section 13906(e) is amended by inserting ‘‘or sus4 pend’’ after ‘‘revoke’’. 

5 Subtitle D—Grants and 

6 Authorizations 

7 SEC. 5401. FMCSA FINANCIAL ASSISTANCE PROGRAMS. 

8 (a) DEFINITION.—Section 31101 is amended— 

9 (1) by redesignating paragraph (4) as para10 graph (5); and 

11 (2) by inserting after paragraph (3) the fol12 lowing: 

13 ‘‘(4) ‘Secretary’ means the Secretary of Trans14 portation.’’. 

15 (b) MCSAP AND HIGH PRIORITY PROGRAMS; 

16 FMCSA AUTHORIZATIONS.—Sections 31102 through 

17 31104 are amended to read as follows: 

18 ‘‘§ 31102. Motor carrier safety assistance program 

19 ‘‘(a) IN GENERAL.— 

20 ‘‘(1) The Secretary shall administer a Motor 

21 Carrier Safety Assistance Program funded under 

22 section 31104 of this title. 

23 ‘‘(2) The goal of the program is to ensure that 

24 the Secretary, States, local governments, other polit25 ical jurisdictions, Federally recognized Indian 

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1 tablish programs to improve motor carrier, commer2 cial motor vehicle, and driver safety to support a 

3 safe and efficient surface transportation system by— 

4 ‘‘(A) making targeted investments to pro5 mote safe commercial motor vehicle transpor6 tation, including the transportation of pas7 sengers and hazardous materials; 

8 ‘‘(B) investing in activities likely to gen9 erate maximum reductions in the number and 

10 severity of commercial motor vehicle crashes 

11 and fatalities resulting from such crashes; 

12 ‘‘(C) adopting and enforcing effective 

13 motor carrier, commercial motor vehicle, and 

14 driver safety regulations and practices con15 sistent with Federal requirements; and 

16 ‘‘(D) assessing and improving statewide 

17 performance by setting program goals and 

18 meeting performance standards, measures, and 

19 benchmarks. 

20 ‘‘(b) STATE PLANS.—The Secretary shall prescribe 

21 procedures for a State to submit a plan under which the 

22 State agrees to assume responsibility for improving motor 

23 carrier safety, adopting and enforcing regulations, stand24 ards, and orders of the Government on commercial motor 

25 vehicle and hazardous materials transportation safety, and 


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1 adopting and enforcing compatible State regulations, 

2 standards, and orders. The Secretary shall approve a plan 

3 if the Secretary decides that the plan is adequate to pro4 mote the objectives of this section, and the plan— 

5 ‘‘(1) implements performance-based activities, 

6 including deployment of technology to enhance the 

7 efficiency and effectiveness of commercial motor ve8 hicle safety programs; 

9 ‘‘(2) designates a lead State motor vehicle safe10 ty agency responsible for administering the plan 

11 throughout the State; 

12 ‘‘(3) contains satisfactory assurances that the 

13 lead State agency has or will have the legal author14 ity, resources, and qualified personnel necessary to 

15 enforce the regulations, standards, and orders; 

16 ‘‘(4) contains satisfactory assurances that the 

17 State will devote adequate resources to the adminis18 tration of the plan and enforcement of the regula19 tions, standards, and orders; 

20 ‘‘(5) provides a right of entry and inspection to 

21 carry out the plan; 

22 ‘‘(6) provides that all reports required under 

23 this section be available to the Secretary on request; 

24 ‘‘(7) provides that the lead State agency will 

25 adopt the reporting requirements and use the forms 


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1 for recordkeeping, inspections, and investigations 

2 that the Secretary prescribes; 

3 ‘‘(8) requires registrants of commercial motor 

4 vehicles to demonstrate knowledge of applicable safe5 ty regulations, standards, and orders of the Govern6 ment and the State; 

7 ‘‘(9) provides that the State will grant max8 imum reciprocity for inspections conducted under 

9 the North American Inspection Standards through 

10 the use of a nationally accepted system that allows 

11 ready identification of previously inspected commer12 cial motor vehicles; 

13 ‘‘(10) ensures that activities described in sub14 section (g) of this section, if financed through grants 

15 made under this section, will not diminish the effec16 tiveness of the development and implementation of 

17 commercial motor vehicle safety programs described 

18 in subsection (a) of this section; 

19 ‘‘(11) ensures that the lead State agency will 

20 coordinate the plan, data collection, and information 

21 systems with the State highway safety improvement 

22 program required under section 148(c) of title 23; 

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1 tion systems by all appropriate jurisdictions receiv2 ing Motor Carrier Safety Assistance Program fund3 ing; 

4 ‘‘(13) ensures that information is exchanged 

5 among the States in a timely manner; 

6 ‘‘(14) provides satisfactory assurances that the 

7 State will undertake efforts that will emphasize and 

8 improve enforcement of State and local traffic safety 

9 laws and regulations related to commercial motor ve10 hicle safety; 

11 ‘‘(15) provides satisfactory assurances that the 

12 State will promote activities in support of national 

13 priorities and performance goals, including— 

14 ‘‘(A) activities aimed at removing impaired 

15 commercial motor vehicle drivers from the high16 ways of the United States through adequate en17 forcement of regulations on the use of alcohol 

18 and controlled substances and by ensuring 

19 ready roadside access to alcohol detection and 

20 measuring equipment; 

21 ‘‘(B) activities aimed at providing an ap22 propriate level of training to State Motor Car23 rier Safety Assistance Program officers and em24 ployees on recognizing drivers impaired by alco25 hol or controlled substances; and 


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1 ‘‘(C) when conducted with an appropriate 

2 commercial motor vehicle inspection, interdic3 tion activities, and appropriate strategies for 

4 carrying out those activities, including activities 

5 that affect the transportation of controlled sub6 stances, as defined under section 102 of the 

7 Comprehensive Drug Abuse Prevention and 

8 Control Act of 1970 (21 U.S.C. 802) and listed 

9 in part 1308 of title 21, Code of Federal Regu10 lations, as updated and republished from time 

11 to time, by any occupant of a commercial motor 

12 vehicle; 

13 ‘‘(16) provides that the State has established 

14 and dedicated sufficient resources to a program to 

15 ensure that— 

16 ‘‘(A) the State collects and reports to the 

17 Secretary accurate, complete, and timely motor 

18 carrier safety data; and 

19 ‘‘(B) the State participates in a national 

20 motor carrier safety data correction system pre21 scribed by the Secretary; 

22 ‘‘(17) ensures that the State will cooperate in 

23 the enforcement of financial responsibility require24 ments under sections 13906, 31138, and 31139 of 


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1 this title, and regulations issued under these sec2 tions; 

3 ‘‘(18) ensures consistent, effective, and reason4 able sanctions; 

5 ‘‘(19) ensures that roadside inspections will be 

6 conducted at locations that are adequate to protect 

7 the safety of drivers and enforcement personnel; 

8 ‘‘(20) provides that the State will include in the 

9 training manuals for the licensing examination to 

10 drive both noncommercial motor vehicles and com11 mercial motor vehicles information on best practices 

12 for driving safely in the vicinity of noncommercial 

13 and commercial motor vehicles; 

14 ‘‘(21) provides that the State will enforce the 

15 registration requirements of sections 13902 and 

16 31134 of this title by prohibiting the operation of 

17 any vehicle discovered to be operated by a motor 

18 carrier without a registration issued under these sec19 tions or to be operated beyond the scope of the 

20 motor carrier’s registration; 

21 ‘‘(22) provides that the State will conduct com22 prehensive and highly visible traffic enforcement and 

23 commercial motor vehicle safety inspection programs 

24 in high-risk locations and corridors; 


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1 ‘‘(23) except in the case of an imminent hazard 

2 or obvious safety hazard, ensures that an inspection 

3 of a vehicle transporting passengers for a motor car4 rier of passengers is conducted at a station, ter5 minal, border crossing, maintenance facility, destina6 tion, or other location where adequate food, shelter, 

7 and sanitation facilities are available for passengers, 

8 and reasonable accommodations are available for 

9 passengers with disabilities; 

10 ‘‘(24) ensures that the State will transmit to its 

11 roadside inspectors the notice of each Federal ex12 emption granted pursuant to section 31315(b) of 

13 this title and 49 CFR 390.23 and 390.25 and pro14 vided to the State by the Secretary, including the 

15 name of the person granted the exemption and any 

16 terms and conditions that apply to the exemption; 

17 ‘‘(25) except as provided in subsection (c) of 

18 this section, provides that the State will conduct 

19 safety audits of new entrant motor carriers pursuant 

20 to section 31144(g) of this title; 

21 ‘‘(26) provides that the State agrees to fully 

22 participate in the Performance and Registration In23 formation System Management under section 

24 31106(b) of this title no later than 3 years from the 

25 date of enactment of this provision by complying 


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1 with the program participation requirements estab2 lished in section 31106(b)(3) of this title; and 

3 ‘‘(27) for a State that shares a land border 

4 with another country, provides that the State— 

5 ‘‘(A) will conduct a border commercial 

6 motor vehicle safety program that includes en7 forcement and related projects; or 

8 ‘‘(B) if it declines to include appropriate 

9 border related activities in its plan, will forfeit 

10 a proportionate level of funding as determined 

11 by the Secretary. 

12 ‘‘(c) EXCLUSION OF U.S. TERRITORIES.—The re13 quirement that a State conduct safety audits of new en14 trant motor carriers under subsection (b)(25) of this sec15 tion does not apply to a territory of the United States 

16 unless required by the Secretary. 

17 ‘‘(d) INTRASTATE COMPATIBILITY.—The Secretary 

18 shall prescribe regulations specifying tolerance guidelines 

19 and standards for ensuring compatibility of intrastate 

20 commercial motor vehicle safety laws and regulations with 

21 Government motor carrier safety regulations to be en22 forced under subsection (a) of this section. To the extent 

23 practicable, the guidelines and standards shall allow for 

24 maximum flexibility while ensuring a degree of uniformity 

25 that will not diminish transportation safety. 


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1 ‘‘(e) MAINTENANCE OF EFFORT.— 

2 ‘‘(1) IN GENERAL.—A plan submitted by a 

3 State under subsection (b) of this section shall pro4 vide that the total expenditure of amounts of the 

5 lead State agency responsible for administering the 

6 plan will be maintained at a level each fiscal year at 

7 least equal to the average level of that expenditure 

8 for fiscal years 2004 and 2005. 

9 ‘‘(2) AVERAGE LEVEL OF STATE EXPENDI10 TURES.—In estimating the average level of State ex11 penditure under paragraph (1) of this subsection, 

12 the Secretary— 

13 ‘‘(A) may allow the State to exclude State 

14 expenditures for Government-sponsored dem15 onstration and pilot programs and strike forces; 

16 ‘‘(B) may allow the State to exclude ex17 penditures for activities related to border en18 forcement and new entrant safety audits; and 

19 ‘‘(C) shall require the State to exclude 

20 State matching amounts used to receive Gov21 ernment financing under this section. 

22 ‘‘(3) WAIVERS.—Upon the request of a State, 

23 the Secretary may waive or modify the requirements 

24 of this subsection for the period of the plan, if the 


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1 Secretary determines that a waiver is equitable due 

2 to exceptional or uncontrollable circumstances. 

3 ‘‘(f) USE OF UNIFIED CARRIER REGISTRATION FEES

4 AGREEMENT.—Amounts generated under section 14504a 

5 of this title and received by a State and used for motor 

6 carrier safety purposes may be included as part of the 

7 State’s share of the Motor Carrier Safety Assistance Pro8 gram not provided by the Government. 

9 ‘‘(g) USE OF GRANTS TO ENFORCE OTHER LAWS.— 

10 A State may use amounts received under a grant under 

11 this section— 

12 ‘‘(1) if the activities are carried out in conjunc13 tion with an appropriate inspection of a commercial 

14 motor vehicle to enforce Federal or State commercial 

15 motor vehicle safety regulations, for the— 

16 ‘‘(A) enforcement of commercial motor ve17 hicle size and weight limitations at locations 

18 (excluding fixed weight facilities) such as near 

19 steep grades or mountainous terrains, where 

20 the weight of a commercial motor vehicle can 

21 significantly affect the safe operation of the ve22 hicle, or at ports where intermodal shipping 

23 containers enter and leave the United States; 

24 and 


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1 ‘‘(B) detection of and enforcement actions 

2 taken as a result of criminal activity, including 

3 the trafficking of human beings, in a commer4 cial motor vehicle or by any occupant, including 

5 the operator, of the vehicle; 

6 ‘‘(2) for documented enforcement of State traf7 fic laws and regulations designed to promote the 

8 safe operation of commercial motor vehicles, includ9 ing documented enforcement of such laws and regu10 lations relating to noncommercial motor vehicles 

11 when necessary to promote the safe operation of 

12 commercial motor vehicles, provided: 

13 ‘‘(A) the number of motor carrier safety 

14 activities (including roadside safety inspections) 

15 conducted in the State is maintained at a level 

16 at least equal to the average level of such activi17 ties conducted in the State in fiscal years 2004 

18 and 2005; and 

19 ‘‘(B) the State does not use more than 5 

20 percent of the basic amount the State receives 

21 under a grant under this section for enforce22 ment activities relating to noncommercial motor 

23 vehicles unless the Secretary determines that a 

24 higher percentage will result in significant in25 creases in commercial motor vehicle safety; and 


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1 ‘‘(3) for the enforcement of household goods 

2 regulations on intrastate and interstate carriers, pro3 vided that the State has adopted laws or regulations 

4 compatible with the Federal household goods regula5 tions. 

6 ‘‘(h) EVALUATION OF PLAN AND AWARD OF

7 GRANT.— 

8 ‘‘(1) AWARD.—The Secretary may allocate the 

9 amounts appropriated among the States whose plans 

10 have been approved under criteria that the Secretary 

11 establishes. 

12 ‘‘(2) OPPORTUNITY TO CURE.—If the Secretary 

13 disapproves a plan under this section, the Secretary 

14 shall give the State a written explanation of the rea15 sons for disapproval and allow the State to modify 

16 and resubmit the plan for approval. 

17 ‘‘(i) PLAN MONITORING.— 

18 ‘‘(1) IN GENERAL.—On the basis of reports 

19 submitted by the lead State agency responsible for 

20 administering a plan approved under this section 

21 and the Secretary’s own investigations, the Secretary 

22 shall make a continuing evaluation of the way the 

23 State is carrying out the plan. 

24 ‘‘(2) WITHHOLDING OF FUNDS.—If, after no25 tice and an opportunity to be heard, the Secretary 


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1 finds that the State plan previously approved is not 

2 being followed or has become inadequate to ensure 

3 enforcement of the regulations, standards, or orders, 

4 the Secretary may withdraw approval of the plan 

5 and notify the State. The plan is no longer in effect 

6 once the notice is received. In lieu of withdrawing 

7 approval of the plan, the Secretary may withhold 

8 funding from the State to which the State would 

9 otherwise be entitled under this section for the pe10 riod of the State’s noncompliance. In exercising this 

11 option, the Secretary may withhold up to 10 percent 

12 of funds for the year that the Secretary notifies the 

13 State of its noncompliance, up to 10 percent of 

14 funds for the first full year of noncompliance, up to 

15 25 percent of funds for the second full year of non16 compliance, and not less than 50 percent of funds 

17 for the third and subsequent full years of noncompli18 ance. 

19 ‘‘(3) JUDICIAL REVIEW.—A State adversely af20 fected by the Secretary’s action under paragraph (2) 

21 of this subsection may seek judicial review under 

22 chapter 7 of title 5. Notwithstanding withdrawal of 

23 a plan approval, the State may retain jurisdiction in 

24 administrative or judicial proceedings begun before 


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1 the withdrawal if the issues involved are not related 

2 directly to the reasons for the withdrawal. 

3 ‘‘(j) ALLOCATION OF MCSAP FUNDS.—On October 

4 1 of each fiscal year, or as soon as practicable after that 

5 date, and after making a deduction under section 

6 31104(a)(3) of this title, the Secretary shall allocate 

7 amounts made available to carry out this section for the 

8 fiscal year among the States with plans approved under 

9 this section. The allocation shall be made under criteria 

10 prescribed by the Secretary. 

11 ‘‘§ 31103. High priority program 

12 ‘‘(a) IN GENERAL.—The Secretary shall administer 

13 a High Priority Program funded under section 31104 of 

14 this title. 

15 ‘‘(b) PURPOSE.—The purpose of the program is to 

16 make grants to and cooperative agreements with States, 

17 local governments, other political jurisdictions, Federally 

18 recognized Indian Tribes, and any person to carry out 

19 high priority activities and projects, including activities 

20 and projects that— 

21 ‘‘(1) increase public awareness and education 

22 on commercial motor vehicle safety; 

23 ‘‘(2) target unsafe driving of commercial motor 

24 vehicles and non-commercial motor vehicles in areas 

25 identified as high-risk crash corridors; 


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1 ‘‘(3) support the enforcement of household 

2 goods regulations on intrastate and interstate car3 riers, provided that the State has adopted laws or 

4 regulations compatible with the Federal household 

5 good regulations; 

6 ‘‘(4) improve the safe and secure movement of 

7 hazardous materials and the transportation of goods 

8 and persons in foreign commerce; 

9 ‘‘(5) demonstrate new technologies to improve 

10 commercial motor vehicle safety; 

11 ‘‘(6) otherwise improve commercial motor vehi12 cle safety and compliance with commercial motor ve13 hicle safety regulations; or 

14 ‘‘(7) support participation in the Performance 

15 and Registration Information System Management 

16 under section 31106(b) of this title. 

17 ‘‘(c) SAFETY DATA IMPROVEMENT.— 

18 ‘‘(1) IN GENERAL.—In addition to the activities 

19 and projects under subsection (b) of this section and 

20 subject to paragraph (2) of this subsection, the Sec21 retary may make a grant to or cooperative agree22 ment with a State under this section to improve the 

23 accuracy, timeliness, and completeness of commer24 cial motor vehicle safety data reported to the Sec25 retary. 


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1 ‘‘(2) ELIGIBILITY.—A State shall be eligible for 

2 funding under this subsection in a fiscal year if the 

3 Secretary determines that the State has— 

4 ‘‘(A) conducted a comprehensive audit of 

5 its commercial motor vehicle safety data system 

6 within the preceding 2 years; 

7 ‘‘(B) developed a plan that identifies and 

8 prioritizes its commercial motor vehicle safety 

9 data needs and goals; and 

10 ‘‘(C) identified performance-based meas11 ures to determine progress toward those goals. 

12 ‘‘§ 31104. Availability of amounts 

13 ‘‘(a) FINANCIAL ASSISTANCE PROGRAMS.— 

14 ‘‘(1) IN GENERAL.—The following sums are au15 thorized to be appropriated from the Highway Ac16 count of the Transportation Trust Fund for the fol17 lowing Federal Motor Carrier Safety Administration 

18 programs: 

19 ‘‘(A) GRANT PROGRAM FOR THE MOTOR

20 CARRIER SAFETY ASSISTANCE PROGRAM.—Sub21 ject to paragraph 3 of this subsection, to carry 

22 out sections 31102 and 31103 of this title— 

23 ‘‘(i) $284,343,000 for fiscal year 

24 2016; 


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1 ‘‘(ii) $309,081,000 for fiscal year 

2 2017; 

3 ‘‘(iii) $332,081,000 for fiscal year 

4 2018; 

5 ‘‘(iv) $342,081,000 for fiscal year 

6 2019; 

7 ‘‘(v) $351,081,000 for fiscal year 

8 2020; and 

9 ‘‘(vi) $359,081,000 for fiscal year 

10 2021. 

11 ‘‘(B) FINANCIAL ASSISTANCE PROGRAM

12 FOR HIGH PRIORITY ACTIVITIES.—To make 

13 grants and cooperative agreements under sec14 tion 31103 of this title, the Secretary may set 

15 aside from amounts made available under sub16 paragraph (A) of this paragraph up to— 

17 ‘‘(i) $23,526,000 for fiscal year 2016; 

18 ‘‘(ii) $29,704,000 for fiscal year 2017; 

19 ‘‘(iii) $29,704,000 for fiscal year 

20 2018; 

21 ‘‘(iv) $29,704,000 for fiscal year 

22 2019; 

23 ‘‘(v) $29,704,000 for fiscal year 2020; 

24 and 


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1 ‘‘(vi) $29,704,000 for fiscal year 

2 2021. 

3 ‘‘(C) GRANT PROGRAM FOR INNOVATIVE

4 TECHNOLOGY.—To carry out section 31109 of 

5 this title— 

6 ‘‘(i) $20,000,000 for fiscal year 2016; 

7 ‘‘(ii) $22,500,000 for fiscal year 2017; 

8 ‘‘(iii) $25,000,000 for fiscal year 

9 2018; 

10 ‘‘(iv) $25,000,000 for fiscal year 

11 2019; 

12 ‘‘(v) $25,000,000 for fiscal year 2020; 

13 and 

14 ‘‘(vi) $25,000,000 for fiscal year 

15 2021. 

16 ‘‘(D) FINANCIAL ASSISTANCE PROGRAM

17 FOR COMMERCIAL DRIVER’S LICENSE PROGRAM

18 IMPLEMENTATION.—To carry out section 

19 31313 of this title— 

20 ‘‘(i) $34,000,000 for fiscal year 2016; 

21 ‘‘(ii) $39,196,000 for fiscal year 2017; 

22 ‘‘(iii) $39,196,000 for fiscal year 

23 2018; 

24 ‘‘(iv) $39,196,000 for fiscal year 

25 2019; 


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1 ‘‘(v) $39,196,000 for fiscal year 2020; 

2 and 

3 ‘‘(vi) $39,196,000 for fiscal year 

4 2021. 

5 ‘‘(E) GRANT PROGRAM FOR COMMERCIAL

6 MOTOR VEHICLE OPERATORS.—To carry out 

7 section 31110 of this title, $1,000,000 for each 

8 fiscal year, 2016 through 2021. 

9 ‘‘(2) REIMBURSEMENT FOR GOVERNMENT’S

10 SHARE OF COSTS.—Amounts made available under 

11 this section shall be used to reimburse financial as12 sistance recipients proportionally for the United 

13 States Government’s share of the costs incurred. 

14 ‘‘(3) DEDUCTION FOR PARTNER TRAINING AND

15 PROGRAM SUPPORT.—On October 1 of each fiscal 

16 year or as soon after that date as practicable, the 

17 Secretary may deduct, from amounts made available 

18 under subparagraphs (A), (C), and (D) of paragraph 

19 1 of this subsection for that fiscal year, not more 

20 than 1.50 percent of those amounts for partner 

21 training and program support in that fiscal year. 

22 The Secretary shall use at least 75 percent of those 

23 deducted amounts to train non-Government employ24 ees and to develop related training materials in car25 rying out these programs. 


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1 ‘‘(4) GRANTS AND COOPERATIVE AGREEMENTS

2 AS CONTRACTUAL OBLIGATIONS.—The approval of a 

3 grant or cooperative agreement by the Secretary 

4 under section 31102, 31103, 31109, 31110, or 

5 31313 of this title is a contractual obligation of the 

6 Government for payment of the Government’s share 

7 of costs in carrying out the provisions of the grant 

8 or cooperative agreement. 

9 ‘‘(5) ELIGIBLE ACTIVITIES.—The Secretary 

10 shall establish criteria for eligible activities to be 

11 funded with grants or cooperative agreements under 

12 this section and publish those criteria in a notice of 

13 funding availability before the program application 

14 period. 

15 ‘‘(6) REIMBURSEMENT.—The Secretary shall 

16 reimburse a recipient, from a grant or cooperative 

17 agreement made under section 31102, 31103, 

18 31109, 31110, or 31313 of this title, an amount 

19 that is at least 85 percent of the costs incurred by 

20 the recipient in a fiscal year in developing and im21 plementing programs under these sections. 

22 ‘‘(7) PAYMENT TO RECIPIENTS FOR COSTS.— 

23 Each recipient shall submit vouchers at least quar24 terly for costs the recipient incurs in developing and 

25 implementing programs under section 31102, 31103, 


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1 31109, 31110, or 31313 of this title. The Secretary 

2 shall pay the recipient an amount not more than the 

3 Government share of the costs incurred as of the 

4 date of the vouchers. The Secretary shall include a 

5 recipient’s in-kind contributions in determining the 

6 reimbursement. 

7 ‘‘(8) AVAILABILITY OF ALLOCATIONS.—Grants 

8 or cooperative agreements to carry out section 

9 31102, 31103, 31109, 31110, or 31313 of this title 

10 remain available for expenditure by the recipient for 

11 the fiscal year in which they are allocated and for 

12 the next two fiscal years. Amounts not expended 

13 during the time permitted are released to the Sec14 retary for reallocation. 

15 ‘‘(b) ADMINISTRATIVE EXPENSES.— 

16 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— 

17 The following sums are authorized to be appro18 priated from the Highway Account of the Transpor19 tation Trust Fund for the Secretary of Transpor20 tation to pay administrative expenses of the Federal 

21 Motor Carrier Safety Administration— 

22 ‘‘(A) $329,180,000 for fiscal year 2016; 

23 ‘‘(B) $375,823,000 for fiscal year 2017; 

24 ‘‘(C) $399,723,000 for fiscal year 2018; 

25 ‘‘(D) $391,723,000 for fiscal year 2019; 


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1 ‘‘(E) $399,723,000 for fiscal year 2020; 

2 and 

3 ‘‘(F) $406,723,000 for fiscal year 2021. 

4 ‘‘(2) USE OF FUNDS.—The funds authorized by 

5 this subsection shall be used for personnel costs; ad6 ministrative infrastructure; rent; information tech7 nology; programs for research and technology, infor8 mation management, regulatory development, the 

9 administration of the performance and registration 

10 information system management, and outreach and 

11 education; to fund the facilities working capital 

12 fund; other operating expenses; and such other ex13 penses as may from time to time become necessary 

14 to implement statutory mandates of the Federal 

15 Motor Carrier Safety Administration not funded 

16 from other sources. 

17 ‘‘(3) OUTREACH AND EDUCATION.— 

18 ‘‘(A) IN GENERAL.—The Secretary shall 

19 conduct, through any combination of grants, 

20 contracts, or cooperative agreements, an out21 reach and education program to be adminis22 tered by the Federal Motor Carrier Safety Ad23 ministration. 

24 ‘‘(B) PROGRAM ELEMENTS.—The program 

25 shall include, at a minimum— 


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1 ‘‘(i) a program to promote a more 

2 comprehensive and national effort to edu3 cate commercial motor vehicle drivers and 

4 passenger vehicle drivers about how com5 mercial motor vehicle drivers and pas6 senger vehicle drivers can more safely 

7 share the road with each other; 

8 ‘‘(ii) a program to promote enhanced 

9 traffic enforcement efforts aimed at reduc10 ing the incidence of the most common un11 safe driving behaviors that cause or con12 tribute to crashes involving commercial 

13 motor vehicles and passenger vehicles; and 

14 ‘‘(iii) a program to establish a public15 private partnership to provide resources 

16 and expertise for the development and dis17 semination of information relating to shar18 ing the road referred to in clauses (i) and 

19 (ii) of this subparagraph to each partner’s 

20 constituents and to the general public 

21 through the use of brochures, videos, paid 

22 and public advertisements, the Internet, 

23 and other media. 

24 ‘‘(C) FUNDING.—From amounts made 

25 available in paragraph (1) of this subsection, 


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1 the Secretary shall make available in support of 

2 the office of Outreach and Education such 

3 sums as may be necessary to conduct the Out4 reach and Education Program. 

5 ‘‘(D) FEDERAL SHARE.—The Federal 

6 share of a program or activity for which a grant 

7 or cooperative agreement is made under this 

8 paragraph shall be at least 85 percent of the 

9 cost of such program or activity. 

10 ‘‘(4) MOTOR CARRIER SAFETY FACILITY WORK11 ING CAPITAL FUND.— 

12 ‘‘(A) IN GENERAL.—The Secretary may es13 tablish a motor carrier safety facility working 

14 capital fund. 

15 ‘‘(B) PURPOSE.—Amounts in the fund 

16 shall be available for modernization, construc17 tion, leases and expenses related to vacating, 

18 occupying, maintaining and expanding motor 

19 carrier safety facilities. 

20 ‘‘(C) AVAILABILITY.—Amounts in the fund 

21 shall be available without regard to fiscal year 

22 limitation. 

23 ‘‘(D) FUNDING.—Amounts may be appro24 priated to the fund from the amounts made 

25 available paragraph (1) of this subsection. 


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1 ‘‘(E) FUND TRANSFERS.—The Agency 

2 may transfer funds to the working capital fund 

3 from the amounts made available in paragraph 

4 (1) of this subsection. 

5 ‘‘(c) CONTRACT AUTHORITY; INITIAL DATE OF

6 AVAILABILITY.—Amounts authorized from the Highway 

7 Account of the Transportation Trust Fund by this section 

8 shall be available for obligation on the date of their appor9 tionment or allocation or on October 1 of the fiscal year 

10 for which they are authorized, whichever occurs first. 

11 ‘‘(d) FUNDING AVAILABILITY.—Amounts made avail12 able under this section remain available until expended.’’. 

13 (c) INNOVATIVE TECHNOLOGY DEPLOYMENT

14 GRANTS.—Section 31109 is amended to read as follows: 

15 ‘‘§ 31109. Innovative technology deployment grants 

16 ‘‘(a) IN GENERAL.— 

17 ‘‘(1) PROGRAM.—The Secretary shall admin18 ister an innovative technology program funded under 

19 section 31104 of this title. 

20 ‘‘(2) GOAL.—The goal of the program is to sup21 port and maintain a commercial motor vehicle infor22 mation systems and networks program to— 

23 ‘‘(A) link Federal motor carrier safety in24 formation systems with State commercial motor 

25 vehicle systems; 


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1 ‘‘(B) improve the safety and productivity 

2 of commercial motor vehicles and drivers; and 

3 ‘‘(C) reduce costs associated with commer4 cial motor vehicle operations and Federal and 

5 State commercial vehicle regulatory require6 ments. 

7 ‘‘(b) PURPOSE.—The program shall advance the 

8 technological capability and promote the deployment of in9 telligent transportation system applications for commer10 cial motor vehicle operations, including commercial motor 

11 vehicle, commercial driver, and carrier-specific information 

12 systems and networks. 

13 ‘‘(c) DEPLOYMENT GRANTS.— 

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

15 grants to eligible States for the deployment of com16 mercial motor vehicle information systems and net17 works. 

18 ‘‘(2) USE OF FUNDS.—Funds from a grant 

19 under this section may be used for deployment ac20 tivities and activities to develop new and innovative 

21 advanced technology solutions that support commer22 cial motor vehicle information systems and networks. 

23 ‘‘(d) ELIGIBILITY.—To be eligible for a grant under 

24 this section, a State— 


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1 ‘‘(1) shall have a commercial motor vehicle in2 formation systems and networks program plan ap3 proved by the Secretary that describes the various 

4 systems and networks at the State level that need to 

5 be refined, revised, upgraded, or built to accomplish 

6 deployment of commercial motor vehicle information 

7 systems and networks capabilities; 

8 ‘‘(2) shall certify to the Secretary that its com9 mercial motor vehicle information systems and net10 works deployment activities, including hardware pro11 curement, software and system development, and in12 frastructure modifications— 

13 ‘‘(A) are consistent with the national intel14 ligent transportation systems and commercial 

15 motor vehicle information systems and networks 

16 architectures and available standards; and 

17 ‘‘(B) promote interoperability and effi18 ciency to the extent practicable; and 

19 ‘‘(3) shall agree to execute interoperability tests 

20 developed by the Federal Motor Carrier Safety Ad21 ministration to verify that its systems conform with 

22 the national intelligent transportation systems archi23 tecture, applicable standards, and protocols for com24 mercial motor vehicle information systems and net25 works. 


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1 ‘‘(e) DEFINITIONS.—In this section: 

2 ‘‘(1) ‘Commercial motor vehicle information 

3 systems and networks’ means the information sys4 tems and communications networks that provide the 

5 capability to— 

6 ‘‘(A) improve the safety of commercial 

7 motor vehicle operations; 

8 ‘‘(B) increase the efficiency of regulatory 

9 inspection processes to reduce administrative 

10 burdens by advancing technology to facilitate 

11 inspections and increase the effectiveness of en12 forcement efforts; 

13 ‘‘(C) advance electronic processing of reg14 istration information, driver licensing informa15 tion, fuel tax information, inspection and crash 

16 data, and other safety information; 

17 ‘‘(D) enhance the safe passage of commer18 cial motor vehicles across the United States and 

19 across international borders; and 

20 ‘‘(E) promote the communication of infor21 mation among the States and encourage 

22 multistate cooperation and corridor develop23 ment. 

24 ‘‘(2) ‘Commercial motor vehicle operations’— 


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1 ‘‘(A) means motor carrier operations and 

2 commercial motor vehicle regulatory activities 

3 associated with the commercial motor vehicle 

4 movement of goods, including property, haz5 ardous materials, and passengers; and 

6 ‘‘(B) with respect to the public sector, in7 cludes the issuance of operating credentials, the 

8 administration of commercial motor vehicle and 

9 fuel taxes, and roadside safety and border 

10 crossing inspection and regulatory compliance 

11 operations. 

12 ‘‘(3) ‘Deployment’ means, at a minimum, the 

13 implementation of systems in a State necessary to 

14 provide the State with the following capabilities: 

15 ‘‘(A) A safety information exchange to— 

16 ‘‘(i) electronically collect and transmit 

17 commercial motor vehicle and driver in18 spection data at a majority of inspection 

19 sites in the State; 

20 ‘‘(ii) connect to the safety and fitness 

21 electronic records system for access to 

22 interstate carrier and commercial motor 

23 vehicle data, summaries of past safety per24 formance, and commercial motor vehicle 

25 credentials information; and 


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1 ‘‘(iii) exchange carrier data and com2 mercial motor vehicle safety and creden3 tials information within the State and con4 nect to such system for access to interstate 

5 carrier, commercial motor vehicle, and 

6 commercial driver data. 

7 ‘‘(B) Interstate credentials administration 

8 to— 

9 ‘‘(i) perform end-to-end processing, 

10 including carrier application, jurisdiction 

11 application processing, and credential 

12 issuance, of at least the international reg13 istration plan and international fuel tax 

14 agreement credentials and extend this 

15 processing to other credentials, including 

16 intrastate registration, vehicle titling, over17 size vehicle permits, overweight vehicle per18 mits, carrier registration, and hazardous 

19 materials permits; and 

20 ‘‘(ii) connect to such plan and agree21 ment clearinghouses. 

22 ‘‘(C) Roadside electronic screening to elec23 tronically screen commercial vehicles at a min24 imum of one fixed or mobile inspection site in 

25 the State.’’. 


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1 (d) DRIVER TRAINING GRANT PROGRAM.—Chapter 

2 311 is amended by inserting after section 31109 (as 

3 amended by subsection (c) of this section) the following: 

4 ‘‘§ 31110. Commercial motor vehicle operators grant 

5 program 

6 ‘‘(a) IN GENERAL.—The Secretary shall administer 

7 a Commercial Motor Vehicle Operators Grant Program 

8 funded under section 31104 of this title. 

9 ‘‘(b) PURPOSE.—The purpose of the program is to 

10 train individuals in the safe operation of commercial motor 

11 vehicles as defined under section 31301 of this title.’’. 

12 (e) Section 31313 is amended to read as follows: 

13 ‘‘§ 31313. Financial assistance program for commer14 cial driver’s license program implementa15 tion 

16 ‘‘(a) IN GENERAL.— 

17 ‘‘(1) PURPOSE.—The Secretary of Transpor18 tation may make a grant to a State agency in a fis19 cal year— 

20 ‘‘(A) to comply with the requirements of 

21 section 31311 of this title; 

22 ‘‘(B) in the case of a State that is making 

23 a good faith effort toward substantial compli24 ance with the requirements of section 31311 of 

25 this title, to improve its implementation of its 


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1 commercial driver’s license program, including 

2 expenses— 

3 ‘‘(i) for computer hardware and soft4 ware; 

5 ‘‘(ii) for publications, testing, per6 sonnel, training, and quality control; 

7 ‘‘(iii) for commercial driver’s license 

8 program coordinators; and 

9 ‘‘(iv) to implement or maintain a sys10 tem to notify an employer of an operator 

11 of a commercial motor vehicle of the sus12 pension or revocation of the operator’s 

13 commercial driver’s license consistent with 

14 the standards developed under section 

15 32303(b) of the Commercial Motor Vehicle 

16 Safety Enhancement Act of 2012 (49 

17 U.S.C. 31304 note). 

18 ‘‘(2) PRIORITY ACTIVITIES.—The Secretary 

19 may make a grant or cooperative agreement in a fis20 cal year to a State agency, local government, or any 

21 person for research, development or testing, dem22 onstration projects, public education, or other special 

23 activities and projects relating to commercial driver’s 

24 licensing and motor vehicle safety that— 


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1 ‘‘(A) are of benefit to all jurisdictions of 

2 the United States; 

3 ‘‘(B) are designed to address national safe4 ty concerns and circumstances; 

5 ‘‘(C) are designed to address emerging 

6 issues relating to commercial driver’s license 

7 improvements; or 

8 ‘‘(D) support innovative ideas and solu9 tions to commercial driver’s license program 

10 issues. 

11 ‘‘(b) PROHIBITIONS.—A recipient may not use finan12 cial assistance funds awarded under this section to rent, 

13 lease, or buy land or buildings. 

14 ‘‘(c) APPORTIONMENT.—All amounts made available 

15 to carry out this section for a fiscal year shall be appor16 tioned according to criteria prescribed by the Secretary of 

17 Transportation.’’. 

18 (f) MISCELLANEOUS REPEALS.— 

19 (1) Subsection (b) of section 31106 is amended 

20 by striking paragraph (4). 

21 (2) Section 31107 is repealed. 

22 (3) Subsection (g) of section 31144 is amended 

23 by striking paragraph (4), as redesignated by section 

24 5105 of this Act. 

25 (g) TECHNICAL AND CONFORMING AMENDMENT.— 


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1 (1) The analysis for chapter 311 is amended 

2 by— 

3 (A) striking the item relating to section 

4 31102 and inserting ‘‘31102. Motor Carrier 

5 Safety Assistance Program.’’; 

6 (B) striking the item relating to section 

7 31103 and inserting ‘‘31103. High Priority 

8 Grant Program.’’; 

9 (C) striking the item relating to section 

10 31107; 

11 (D) striking the item relating to section 

12 31109 and inserting ‘‘Innovative Technology 

13 Deployment Grants.’’; and 

14 (E) by adding at the end of Subchapter I 

15 the following: ‘‘31110. Commercial Motor Vehi16 cle Operators Grant Program.’’ 

17 (2) The subsection heading for section 

18 31106(b) is amended by striking ‘‘program’’ and in19 serting ‘‘system management’’. 

20 (3) Section 31161 is amended by striking 

21 ‘‘31104(i)’’ and inserting ‘‘31104(b)’’. 

22 (4) The analysis for chapter 313 is amended by 

23 striking the item relating to section 31313 and in24 serting: ‘‘31313. Financial assistance program for 


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1 commercial driver’s license program implementa2 tion.’’. 

3 Subtitle E—Miscellaneous 

4 SEC. 5501. MOTOR CARRIER SAFETY ADVISORY COM5 MITTEE. 

6 (a) MOTOR CARRIER SAFETY ADVISORY COM7 MITTEE.—Subchapter III of chapter 311 is amended by 

8 inserting after section 31152 (as added by section 5204) 

9 the following: 

10 ‘‘§ 31153. Motor carrier safety advisory committee 

11 ‘‘(a) ESTABLISHMENT AND DUTIES.—The Secretary 

12 shall maintain for the Federal Motor Carrier Safety Ad13 ministration a motor carrier safety advisory committee. 

14 The committee shall— 

15 ‘‘(1) provide advice and recommendations to the 

16 Administrator of the Federal Motor Carrier Safety 

17 Administration about needs, objectives, plans, ap18 proaches, content, and accomplishments of the 

19 motor carrier safety programs carried out by the Ad20 ministration; and 

21 ‘‘(2) provide advice and recommendations to the 

22 Administrator on motor carrier safety regulations. 

23 ‘‘(b) MEMBERS, CHAIRMAN, PAY, AND EXPENSES.— 

24 ‘‘(1) IN GENERAL.—The committee shall be 

25 composed of not more than 20 members appointed 


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1 by the Administrator from among individuals who 

2 are not employees of the Administration and who 

3 are specially qualified to serve on the committee be4 cause of their education, training, or experience. The 

5 members shall consist of representatives of the 

6 motor carrier industry, nonprofit employee labor or7 ganizations representing commercial vehicle drivers, 

8 safety advocates, and safety enforcement officials. 

9 Representatives of a single enumerated interest 

10 group may not constitute a majority of the members 

11 of the advisory committee. A person appointed under 

12 this section shall not be considered an employee of 

13 the Federal Government by reason of the appoint14 ment. 

15 ‘‘(2) CHAIRMAN.—The Administrator shall des16 ignate the chairman of the committee. 

17 ‘‘(3) PAY.—A member of the committee shall 

18 serve without pay; except that the Administrator 

19 may allow a member, when attending meetings of 

20 the committee or a subcommittee of the committee, 

21 expenses authorized under section 5703 of title 5, 

22 relating to per diem, travel, and transportation ex23 penses. 

24 ‘‘(c) SUPPORT STAFF, INFORMATION, AND SERV25 ICES.—The Administrator shall provide staff for the comVerDate Sep 11 2014 01:21 Jul 18, 2015 Jkt 049200 PO 00000 Frm 00380 Fmt 6652 Sfmt 6201 E:\BILLS\H3064.IH H3064

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1 mittee. On request of the committee, and subject to the 

2 availability of funding, the Administrator shall provide in3 formation, administrative services, and supplies that the 

4 Administrator considers necessary for the committee to 

5 carry out its duties and powers.’’. 

6 (b) CONFORMING AMENDMENTS.— 

7 (1) The analysis for chapter 311 is amended by 

8 inserting after the item relating to 31152 (as added 

9 by section 5204 of this Act) the following: 

‘‘31153. Motor Carrier Safety Advisory Committee.’’. 

10 (2) Section 4144 of the Safe, Accountable, 

11 Flexible, Efficient Transportation Equity Act: A 

12 Legacy for Users (49 U.S.C. 31100 note) is re13 pealed. 

14 SEC. 5502. UNIFIED CARRIER REGISTRATION PLAN. 

15 Section 14504a is amended— 

16 (1) in subsection (a)(5)(A)(ii)(II), by striking 

17 ‘‘subsection (d)(4)(C)’’ and inserting ‘‘subsection 

18 (d)(5)(C)’’; 

19 (2) in subsection (d)(1)(B), by striking ‘‘ap20 pointed by the Secretary as follows’’ and inserting ‘‘. 

21 In making appointments of directors, the Secretary 

22 should seek to achieve the following distribution’’; 

23 (3) in subsection (d)(1)(B)(iii), by striking 

24 ‘‘Five’’ and inserting ‘‘Six’’ and inserting the fol25 lowing before the last sentence: ‘‘At least one of the 


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1 appointees under this clause shall be a representa2 tive of the passenger motorcoach industry.’’; 

3 (4) in subsection (d)(1)(B), by striking clause 

4 (iv); 

5 (5) in subsection (d)(1)(C), by striking ‘‘Sec6 retary’’ and inserting ‘‘board of directors’’; 

7 (6) in subsection (d)(1)(D)— 

8 (A) by striking clause (i) and redesignating 

9 clauses (ii) through (iv) as clauses (i) through 

10 (iii), respectively; and 

11 (B) by amending clause (i), (as so redesig12 nated) to read as follows: 

13 ‘‘(i) TERMS.—All directors shall be 

14 appointed for terms of 3 years.’’; 

15 (7) in subsection (d)(2)(C), by striking ‘‘and’’; 

16 (8) in subsection (d)(2)(D), by striking the pe17 riod and inserting ‘‘; and’’ at the end; 

18 (9) in subsection (d)(2), by inserting after sub19 paragraph (D) the following: 

20 ‘‘(E) require the board to conduct an audit 

21 of the UCR plan’s use of administrative fees no 

22 less frequently than once every two years.’’; 

23 (10) in subsection (d)(3)(A)— 


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1 (A) by striking ‘‘Except for the representa2 tive of the Department appointed under para3 graph (1)(B)(iv), no’’; and 

4 (B) by inserting ‘‘No’’ before ‘‘director 

5 shall receive’’; 

6 (11) in subsection (d)(4)(A), by striking ‘‘of the 

7 board,’’ and inserting ‘‘of the board or’’ and striking 

8 ‘‘, or the Secretary’’; 

9 (12) in subsection (d)(6), by inserting ‘‘or the 

10 United States Government’’ after ‘‘agency of a 

11 State’’; 

12 (13) by redesignating section 14504a(d)(7)(A) 

13 as section 14504a(d)(7) and amending paragraph 

14 (7) (as so redesignated) to read as follows: 

15 ‘‘(7) SETTING FEES.—The board shall set the 

16 initial annual fees to be assessed carriers, leasing 

17 companies, brokers, and freight forwarders under 

18 the unified carrier registration agreement. In setting 

19 the level of fees to be assessed in any agreement 

20 year, and in setting the fee level, the board shall 

21 consider— 

22 ‘‘(A) the administrative costs associated 

23 with the unified carrier registration plan and 

24 the agreement; 


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1 ‘‘(B) whether the revenues generated in 

2 the previous year and any surplus or shortage 

3 from that year or prior years enable the partici4 pating States to achieve the revenue levels set 

5 by the board; and 

6 ‘‘(C) the provisions governing fees under 

7 subsection (f)(1).’’; 

8 (14) by striking subsection (d)(7)(B); 

9 (15) by amending subsection (d)(9) to read as 

10 follows: 

11 ‘‘(9) INAPPLICABILITY.—Neither the Federal 

12 Advisory Committee Act (5 U.S.C. App.) nor the 

13 Administrative Procedure Act (5 U.S.C. 551 et seq.) 

14 shall apply to the unified carrier registration plan, 

15 the board, or its committees.’’; 

16 (16) by redesignating subsections (d)(1) 

17 through (10) as (d)(2) through (11), respectively; 

18 (17) by inserting a new subsection (d)(1) before 

19 subsection (d)(2) (as redesignated in paragraph) to 

20 read as follows: 

21 ‘‘(1) STATUS.—The unified carrier registration 

22 plan— 

23 ‘‘(A) is an interstate agreement established 

24 under this section; 


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1 ‘‘(B) shall be operated as a not-for-profit 

2 corporation; and 

3 ‘‘(C) is not a department, agency or instru4 mentality of the United States Government.’’; 

5 (18) in subsection (e), by striking subparagraph 

6 (5); 

7 (19) in subsection (e)(2), by striking ‘‘the Sec8 retary and’’; 

9 (20) in subsection (e)(3)— 

10 (A) by striking ‘‘Secretary’’ the first place 

11 it appears; 

12 (B) by inserting ‘‘chairperson of the board 

13 of directors’’; and 

14 (C) by striking the last sentence; 

15 (21) in subsection (e)(4), by striking ‘‘Sec16 retary’’ and inserting ‘‘chairperson of the board of 

17 directors’’; 

18 (22) in subsection (f)(1)(E), by striking ‘‘ask 

19 the Secretary to’’; 

20 (23) by striking subsection (f)(1)(B) and redes21 ignating subsections (f)(1)(C) through (f)(1)(E) as 

22 subsections (f)(1)(B) through (f)(1)(D), respectively; 

23 (24) in subsection (h)(2)— 

24 (A) by striking ‘‘participating’’; and 


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1 (B) by striking ‘‘subsection (d)(2)(D)’’ and 

2 inserting ‘‘subsection (d)(3)(D)’’, as redesig3 nated; 

4 (25) by amending subsection (h)(3)(B) to read 

5 as follows: 

6 ‘‘(B) To pay the administrative costs of 

7 the UCR plan and the UCR agreement. Pay8 ments for administrative costs may be made 

9 prior to making distributions under subpara10 graph (A).’’; 

11 (26) in subsection (h)(4), by striking ‘‘Sec12 retary’’ and inserting ‘‘board’’; and 

13 (27) by amending subsection (i) to read as fol14 lows: 

15 ‘‘(i) ENFORCEMENT.—Nothing in this section— 

16 ‘‘(1) prohibits a participating State from 

17 issuing citations and imposing reasonable fines and 

18 penalties pursuant to the applicable laws and regula19 tions of the State on any motor carrier, motor pri20 vate carrier, freight forwarder, broker, or leasing 

21 company for failure to— 

22 ‘‘(A) submit information documents as re23 quired under subsection (d)(3); or 

24 ‘‘(B) pay the fees required under sub25 section (f); or 


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1 ‘‘(2) authorizes a State to require a motor car2 rier, motor private carrier, or freight forwarder to 

3 display as evidence of compliance any form of identi4 fication in excess of those permitted under section 

5 14506 of this title on or in a commercial motor vehi6 cle.’’. 

7 SEC. 5503. SELF-INSURANCE FOR MOTOR CARRIERS RE8 PEALED. 

9 Section 13906(d) is amended by striking the second, 

10 third and last sentences. 

11 SEC. 5504. ELECTRONIC LOGGING DEVICE RECALL AU12 THORITY. 

13 Section 31137 is amended— 

14 (1) by redesignating subsections (f) and (g) as 

15 subsections (h) and (i), respectively; and 

16 (2) by inserting before subsection (h), as redes17 ignated, the following: 

18 ‘‘(f) NOTICE AND RECORD REQUIREMENTS.—The 

19 Secretary may require an electronic logging device pro20 vider to— 

21 ‘‘(1) provide the purchaser or lessee of an elec22 tronic logging device, in a manner the Secretary con23 siders appropriate, any information or notice that 

24 the Secretary considers necessary; and 


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1 ‘‘(2) maintain records of electronic logging de2 vice purchasers and lessees in order to provide any 

3 information or notice required under paragraph (1) 

4 of this subsection. 

5 ‘‘(g) NONCOMPLIANT DEVICES.— 

6 ‘‘(1) The Secretary shall notify an electronic 

7 logging device provider after making a preliminary 

8 decision that an electronic logging device does not 

9 comply with the standards established through the 

10 regulations prescribed under subsection (a) in effect 

11 at the time of certification. 

12 ‘‘(2) The Secretary shall publish notice of each 

13 preliminary decision in the Federal Register. 

14 ‘‘(3) The Secretary may make a final decision 

15 that an electronic logging device does not comply 

16 with the standards only after— 

17 ‘‘(A) giving the electronic logging device 

18 provider an opportunity to— 

19 ‘‘(i) correct the deficiency in order 

20 that the electronic logging device complies 

21 with the standards; or 

22 ‘‘(ii) present information to show that 

23 the electronic logging device complies with 

24 the standards; and 


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1 ‘‘(B) giving any other interested person an 

2 opportunity to present information as to the 

3 electronic logging device’s noncompliance. 

4 ‘‘(4) If the Secretary makes a final decision 

5 that an electronic logging device does not comply 

6 with the standards in effect at the time of certifi7 cation, the Secretary shall order the electronic log8 ging device provider to give notice under subsection 

9 (f) of this section to each purchaser or lessee of the 

10 electronic logging device that the electronic logging 

11 device provider has been required to— 

12 ‘‘(A) recall the electronic logging device; 

13 and 

14 ‘‘(B) remedy the defect so that the pur15 chaser or lessee of the electronic logging device 

16 obtains a compliant electronic logging device 

17 within a reasonable time and in accordance with 

18 the terms prescribed by the Secretary.’’. 

19 SEC. 5505. REPEAL OF MOTOR CARRIER FINANCIAL RE20 PORTING REQUIREMENT. 

21 Section 14123 and the item relating to that section 

22 in the analysis for chapter 141 are repealed. 


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1 SEC. 5506. CONTRACTORS EXERCISING OPERATIONAL CON2 TROL OVER MOTOR CARRIER OPERATIONS. 

3 (a) CONTRACTORS EXERCISING OPERATIONAL CON4 TROL OVER MOTOR CARRIER OPERATIONS.—Chapter 311 

5 is amended by inserting after section 31139 the following: 

6 ‘‘§ 31139a. Contractors exercising operational control 

7 over motor carrier operations 

8 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

9 may issue regulations governing contractors that exercise 

10 control over motor carrier operations. 

11 ‘‘(b) CONTENTS.—The regulations issued under this 

12 section shall include, at a minimum— 

13 ‘‘(1) a requirement that contractors register 

14 with the Secretary under this chapter; 

15 ‘‘(2) a requirement that contractors create and 

16 maintain records applicable to regulatory provisions 

17 over which they exercise control or which they con18 duct directly; 

19 ‘‘(3) a program for the evaluation and audit of 

20 compliance by contractors with applicable Federal 

21 motor carrier safety regulations; 

22 ‘‘(4) a civil penalty structure consistent with 

23 section 521(b) of this title, for contractors that fail 

24 to comply with applicable Federal motor carrier 

25 safety regulations; 


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1 ‘‘(5) a prohibition on contractors from placing 

2 commercial motor vehicles or drivers in service on 

3 the public highways to the extent that such drivers 

4 or their equipment are found to pose an imminent 

5 hazard; 

6 ‘‘(6) a process by which motor carriers and 

7 agents of motor carriers shall be able to request the 

8 Federal Motor Carrier Safety Administration to un9 dertake an investigation of a contractor identified 

10 that is alleged to be not in compliance with the regu11 lations under this section; and 

12 ‘‘(7) a procedure under which motor carriers, 

13 drivers, and contractors may seek correction of their 

14 safety records through the deletion from those 

15 records of violations of safety regulations attrib16 utable to deficiencies in operation or driver perform17 ance for which they should not have been held re18 sponsible. 

19 ‘‘(c) INSPECTIONS.—The Secretary or an employee of 

20 the Department of Transportation designated by the Sec21 retary or a contractor or an employee of the recipient of 

22 a grant issued under section 31102 of this title may in23 spect records for operations controlled by or drivers pro24 vided by the contractor, upon demand and display of prop25 er credentials in person or in writing. 


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1 ‘‘(d) OUT-OF-SERVICE.—Any contractor that is de2 termined under this section to fail to comply with applica3 ble Federal safety regulations may be placed out of service 

4 by the Secretary or a Federal, State, or government offi5 cial designated by the Secretary and may not exercise 

6 operational control over a motor carrier’s drivers and com7 mercial motor vehicles and may not provide drivers or 

8 commercial motor vehicles to a motor carrier until the con9 tractor takes actions necessary to come into compliance. 

10 ‘‘(e) DEFINITION OF CONTRACTOR.—For purposes of 

11 this section, exclusive of the first use of term in subsection 

12 (c), the term ‘contractor’ means a person, other than a 

13 motor carrier, that does one or more of the following: 

14 ‘‘(1) Enters into a contract with a motor carrier 

15 under which the motor carrier provides commercial 

16 motor vehicles and drivers dedicated to transporting 

17 property or passengers for the person over multiple 

18 trips where the person exercises direct operational 

19 control, such as setting schedules, routes, pick-up 

20 and delivery points, and dispatching drivers and 

21 commercial motor vehicles. 

22 ‘‘(2) Enters into a contract with a motor carrier 

23 to provide drivers to the carrier and represents that 

24 it is responsible for ensuring that the drivers meet 


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1 the qualifications required by this part and regula2 tions promulgated under this part. 

3 ‘‘(3) Enters into a contract with a motor carrier 

4 to provide commercial motor vehicles to the motor 

5 carrier (other than for purchase or lease to pur6 chase) and represents that it is responsible under 

7 the contract for ensuring that the vehicles meet the 

8 requirements of this part and regulations promul9 gated under it.’’. 

10 (b) CONFORMING AMENDMENT.—The analysis for 

11 chapter 311 is amended by inserting after the item relat12 ing to section 31139 the following: 

‘‘31139a. Contractors exercising operational control over motor carrier operations’’. 

13 SEC. 5507. DRIVER COMPENSATION. 

14 (a) IN GENERAL.—Chapter 311 is amended by in15 serting after section 31139a (as added by section 5506 

16 of this Act) the following: 

17 ‘‘§ 31140. Driver compensation 

18 ‘‘(a) ON-DUTY, NOT-DRIVING TIME.—The Secretary 

19 of Transportation may by regulation require that a motor 

20 carrier employer— 

21 ‘‘(1) track the on-duty (not driving) time of an 

22 employee whose base compensation is calculated in a 

23 manner other than an hourly wage and who is re24 quired to keep a record of duty status under the 


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1 hours of service regulations prescribed by the Sec2 retary; and 

3 ‘‘(2) separately compensate the employee for 

4 any on-duty, not-driving period at an hourly rate not 

5 less than the Federal minimum wage rate under sec6 tion 6 of the Fair Labor Standards Act (29 U.S.C. 

7 206). 

8 ‘‘(b) SCOPE.—This section does not apply to an em9 ployee whose employment is governed by a collective bar10 gaining agreement, negotiated by employee representatives 

11 certified as bona fide by the National Labor Relations 

12 Board, if the agreement governs compensation of the em13 ployee for on-duty, not-driving time. 

14 ‘‘(c) OTHER LAW.—Nothing in this section or regula15 tions adopted under this section shall alter an employer’s 

16 obligations under the Fair Labor Standards Act of 1938 

17 (29 U.S.C. 201 et seq.). Compensation of employees under 

18 this section and regulations adopted under this section 

19 shall be in addition to other compensation calculated for 

20 purposes of determining compliance with the Fair Labor 

21 Standards Act.’’. 

22 (b) CONFORMING AMENDMENT.—The analysis of 

23 chapter 311 is amended by inserting after the item relat24 ing to section 31139a (as added by section 5506 of this 

25 Act) the following: 

‘‘31140. Driver compensation’’. 


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1 SEC. 5508. CIVIL ENFORCEMENT AUTHORITY. 

2 Section 507 is amended— 

3 (1) in subsection (b)— 

4 (A) by inserting ‘‘, subchapter III of chap5 ter 311, chapter 313, or chapter 315’’ after the 

6 first ‘‘this chapter’’; 

7 (B) by striking the second ‘‘this chapter’’ 

8 and inserting ‘‘these provisions’’; and 

9 (C) by striking ‘‘violating this chapter or a 

10 regulation or order of the Secretary’’ and in11 serting ‘‘for a violation’’; and 

12 (2) in subsection (c)— 

13 (A) by striking ‘‘, at the request of the 

14 Secretary, may’’ and inserting ‘‘may, and at the 

15 request of the Secretary, shall’’; and 

16 (B) by striking ‘‘(except sections 31138 

17 and 31139) or section 31502’’ and inserting ‘‘, 

18 chapter 313, and chapter 315’’. 

19 SEC. 5509. CRIMINAL PENALTIES. 

20 Section 521(b)(6)(A) is amended by— 

21 (1) striking ‘‘and willfully’’; 

22 (2) striking the second ‘‘or’’; 

23 (3) inserting ‘‘or order’’ after ‘‘regulation’’; 

24 (4) inserting ‘‘, or an imminent hazard out-of25 service order issued under this section’’ after ‘‘those 

26 provisions’’; 


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1 (5) striking ‘‘to a fine not to exceed $25,000’’ 

2 and inserting ‘‘to a fine as set forth in section 3571 

3 of title 18’’; 

4 (6) striking ‘‘, except that, if’’ and inserting ‘‘. 

5 If’’; and 

6 (7) striking ‘‘to a fine not to exceed $2,500’’ 

7 and inserting ‘‘to a fine as set forth in section 3571 

8 of title 18 or imprisonment for a term not to exceed 

9 one year, or both’’. 

10 SEC. 5510. PENALTIES FOR VIOLATIONS OF OUT-OF-SERV11 ICE ORDERS. 

12 Section 521(b)(2)(F) is amended by inserting the end 

13 the following: ‘‘Each day of operation after the effective 

14 date of the out-of-service order is a separate offense.’’ 

15 SEC. 5511. TECHNICAL CORRECTIONS. 

16 (a) FLEETWIDE OUT-OF-SERVICE ORDER FOR OPER17 ATING WITHOUT REQUIRED REGISTRATION.—Section 

18 13902(e)(1) is amended— 

19 (1) by inserting ‘‘motor vehicle or’’ before 

20 ‘‘motor carrier providing’’; and 

21 (2) by inserting ‘‘motor vehicle or’’ before 

22 ‘‘motor carrier operations’’. 

23 (b) SETTLEMENT OF GENERAL CIVIL PENALTIES.— 

24 Section 14901(h) is amended by striking ‘‘HOUSEHOLD

25 GOODS’’ in the subsection heading. 


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1 (c) HOURS OF SERVICE STUDY AND ELECTRONIC

2 LOGGING DEVICES.—Section 30165(a)(1) is amended by 

3 striking ‘‘30141 through 30147, or 31137’’ and inserting 

4 ‘‘or 30141 through 30147’’. 

5 (d) MEDICAL STANDARDS AND REQUIREMENTS.— 

6 Section 31149(c)(1)(E) is amended by striking ‘‘on a 

7 monthly basis’’. 

8 (e) NATIONAL CLEARINGHOUSE FOR CONTROLLED

9 SUBSTANCE AND ALCOHOL TEST RESULTS.— 

10 (1) Section 521 is amended— 

11 (A) by inserting ‘‘, section 31306(b),’’ be12 fore ‘‘or section 31502’’ in subparagraph 

13 (b)(2)(A); 

14 (B) by amending the subparagraph head15 ings for subparagraphs (b)(2)(C) and (b)(6)(B), 

16 by inserting after ‘‘CDLS’’, each place it ap17 pears, ‘‘AND ALCOHOL AND CONTROLLED SUB18 STANCE TESTING’’; and 

19 (C) by inserting in subparagraph (b)(2)(C) 

20 and clause (b)(6)(B)(i), after ‘‘31305(b),’’ each 

21 place it appears, ‘‘31306, 31306a,’’. 

22 (2) Section 31306a(f) is amended by inserting 

23 ‘‘AND SERVICE AGENT’’ before ‘‘REQUIREMENTS.’’ 

24 in the subsection heading. 


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1 (f) EXEMPTIONS FROM REQUIREMENTS FOR COV2 ERED FARM VEHICLES.—Subsection 32934(c)(1)(B) of 

3 the Moving Ahead for Progress in the 21st Century Act 

4 (Public Law 112–141) is amended by striking ‘‘26,001 

5 pounds’’ in both places it occurs and inserting ‘‘26,000 

6 pounds’’. 

7 (g) CORRECTING REFERENCE TO FMCSA IN STAT8 UTE.—Section 30305(b)(1) is amended by striking ‘‘Fed9 eral Highway Administration’’ and inserting ‘‘Federal 

10 Motor Carrier Safety Administration’’. 

11 SEC. 5512. AUDITS AND COMPLIANCE INVESTIGATIONS OF 

12 MEXICO-DOMICILED MOTOR CARRIERS. 

13 Section 130 of division L of Public Law 113–76 is 

14 amended by inserting after ‘‘110–28’’ the following: ‘‘, ex15 cept to the extent that a term or condition in either section 

16 350 or section 6901 requires that safety examinations of 

17 Mexico-domiciled motor carriers be conducted on-site; 

18 nothing in section 350 or section 6901 shall be construed 

19 as limiting the ability of the Federal Motor Carrier Safety 

20 Administration to conduct any compliance review, new en21 trant safety audit, or other inspection or investigation of 

22 a Mexico-domiciled motor carrier at any location pre23 scribed by the Administrator of the Federal Motor Carrier 

24 Safety Administration’’. 


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1 SEC. 5513. ADMINISTRATIVE ADJUDICATION OF VIOLA2 TIONS OF COMMERCIAL REGULATIONS AND 

3 STATUTES. 

4 Section 14702 is amended by adding at the end the 

5 following: 

6 ‘‘(d) ADMINISTRATIVE ADJUDICATIONS.—In addition 

7 to civil actions under subsection (a) of this section, the 

8 authority of the Secretary includes authority to maintain 

9 by regulation procedures for the administrative adjudica10 tion of violations of this part.’’. 

11 SEC. 5514. ACCESS TO NATIONAL DRIVER REGISTER. 

12 Section 30305(b) is amended by inserting at the end 

13 the following: 

14 ‘‘(13) The Administrator of the Federal Motor 

15 Carrier Safety Administration may request the chief 

16 driver licensing official of a State to provide infor17 mation under subsection (a) of this section about an 

18 individual in connection with a safety investigation 

19 under the Administrator’s jurisdiction.’’. 

20 SEC. 5515. ELIMINATION OF CERTAIN FMCSA REPORTING 

21 REQUIREMENTS. 

22 (a) MOTOR CARRIER EFFICIENCY STUDY ANNUAL

23 REPORT.—Section 5503 of the Safe, Accountable, Flexi24 ble, Efficient Transportation Equity Act: A Legacy for 

25 Users (Public Law 109–59) is amended by— 

26 (1) by striking subsection (d); and 


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1 (2) redesignating subsection (e) as subsection 

2 (d). 

3 (b) SAFETY DATA IMPROVEMENT PROGRAM RE4 PORT.—Section 4128 of the Safe, Accountable, Flexible, 

5 Efficient Transportation Equity Act: A Legacy for Users 

6 (Public Law 109–59) is amended by striking subsection 

7 (d). 

8 TITLE VI—HAZARDOUS MATE9 RIAL TRANSPORTATION 

10 SAFETY 

11 SEC. 6001. AMENDMENT OF TITLE 49, UNITED STATES 

12 CODE. 

13 Except as otherwise expressly provided, whenever in 

14 this title an amendment or repeal is expressed in terms 

15 of an amendment to, or a repeal of, a section or other 

16 provision, the reference shall be considered to be made to 

17 a section or other provision of title 49, United States 

18 Code. 

19 SEC. 6002. EMERGENCY OPERATIONAL CONTROLS. 

20 (a) IN GENERAL.—Chapter 51 is amended by insert21 ing after section 5128 the following: 

22 ‘‘§ 5129. Emergency operational controls 

23 ‘‘(a) ORDERING OPERATIONAL CONTROLS, RESTRIC24 TIONS, AND PROHIBITIONS.— 


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1 ‘‘(1) IN GENERAL.—If, upon inspection, inves2 tigation, testing, or research carried out under this 

3 chapter, the Secretary determines that an unsafe 

4 condition or practice, or a combination of unsafe 

5 conditions and practices, or an activity existing with6 in a regulated entity or industry, related to the 

7 transportation of hazardous materials in commerce, 

8 causes an emergency situation involving a hazard of 

9 death, personal injury, or significant harm to prop10 erty or the environment, the Secretary immediately 

11 may order such operational controls, restrictions, 

12 and prohibitions, without prior notice or an oppor13 tunity for a hearing, as may be necessary to abate 

14 the situation. 

15 ‘‘(2) WRITTEN ORDERS.—The order shall be in 

16 writing, and describe— 

17 ‘‘(A) the condition, practice, or activity 

18 that causes the emergency situation; 

19 ‘‘(B) the operational controls, restrictions, 

20 and prohibitions issued or imposed; and 

21 ‘‘(C) the standards and procedures for ob22 taining relief from the order. This paragraph 

23 does not affect the Secretary’s discretion under 

24 this section to maintain the order in effect for 

25 as long as the emergency situation exists. 


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1 ‘‘(3) EMERGENCY VARIANCE.—Notwithstanding 

2 section 5117(e) of this title, such orders may provide 

3 for an emergency variance from this chapter or a 

4 regulation prescribed thereunder. 

5 ‘‘(b) REVIEW OF ORDERS.—After issuing an order 

6 under this section, the Secretary shall provide an oppor7 tunity for review of the order under section 554 of title 

8 5. If a petition for review is filed and the review is not 

9 completed by the end of the 30-day period beginning on 

10 the date the order was issued, the order stops being effec11 tive at the end of that period unless the Secretary decides 

12 in writing that the emergency situation still exists.’’. 

13 (b) CONFORMING AMENDMENT.—The analysis for 

14 chapter 51 is amended by inserting after the item relating 

15 to section 5128 the following: 

‘‘5129. Emergency operational controls.’’. 

16 SEC. 6003. ENHANCED REGISTRATION REQUIREMENTS. 

17 Section 5108 is amended by— 

18 (1) inserting the following after subsection 

19 (a)(2)(B): 

20 ‘‘(C) a person who performs, or is respon21 sible for performing, a function specified by 

22 regulation prescribed under this chapter that is 

23 required to assure the safe transportation of 

24 hazardous material, in commerce, and is subject 

25 to the training requirements of section 5107.’’; 


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1 (2) in subsection (a)(3), inserting after ‘‘mate2 rial,’’ the following: ‘‘or perform or be responsible 

3 for performing a function specified by regulation 

4 prescribed under this chapter that is required to as5 sure the safe transportation of hazardous material, 

6 in commerce, and is subject to the training require7 ments of section 5107,’’; 

8 (3) in subparagraph (g)(2)(A), by striking ‘‘and 

9 impose by regulation’’; and 

10 (4) in subparagraphs (g)(2)(B) and (g)(2)(C), 

11 replacing ‘‘(i)’’ with ‘‘(h)’’. 

12 SEC. 6004. USER FEES FOR SPECIAL PERMITS. 

13 Section 5117 is amended by inserting the following 

14 at the end: 

15 ‘‘(g) FEES.— 

16 ‘‘(1) ESTABLISHMENT.—There is established a 

17 Hazardous Materials Approvals and Permits Fund 

18 for the administration of special permits and approv19 als. 

20 ‘‘(2) USE OF FEES.—The Secretary of Trans21 portation shall collect a reasonable fee, to the extent 

22 and in such amounts as provided in advance in ap23 propriations acts, for the administration of special 

24 permits and approvals, which shall be deposited in 

25 the fund established in paragraph (1). 


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1 ‘‘(3) REGULATIONS.—The Secretary, after pro2 viding notice and an opportunity for public com3 ment, shall issue regulations to implement this sub4 section and shall establish annual fee rates.’’. 

5 SEC. 6005. NATIONAL EMERGENCY AND DISASTER RE6 SPONSE. 

7 (a) PURPOSE.—Section 5101 is amended by inserting 

8 ‘‘and to facilitate the safe movement of hazardous mate9 rials during national emergencies’’ after ‘‘commerce’’. 

10 (b) STANDARDS.—Section 5103 is amended by redes11 ignating subsections (c) and (d) as (d) and (e) and insert12 ing new subsection (c) to read as follows: 

13 ‘‘(c) FEDERALLY DECLARED DISASTER AND EMER14 GENCY AREAS.—The Secretary, in consultation with the 

15 Secretary of Homeland Security, may prescribe standards 

16 to facilitate the movement of hazardous materials into, 

17 from and within federally declared disaster and emergency 

18 areas.’’. 

19 SEC. 6006. ENHANCED REPORTING. 

20 Section 5121(h) is amended by— 

21 (1) striking ‘‘transmit to the Committee on 

22 Transportation and Infrastructure of the House of 

23 Representatives and the Committee on Commerce, 

24 Science, and Transportation of the Senate’’; and 

25 (2) inserting ‘‘make public’’ after ‘‘and’’. 


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1 SEC. 6007. IMPROVING PUBLICATION OF SPECIAL PERMITS. 

2 Section 5117 is amended— 

3 (1) in subsection (b), by striking ‘‘publish in 

4 the Federal Register’’ and inserting ‘‘make public 

5 through’’ after ‘‘shall’’; and 

6 (2) in subsection (c), by striking ‘‘publish’’ and 

7 ‘‘in the Federal Register’’ and inserting ‘‘make pub8 lic’’ after ‘‘shall’’. 

9 SEC. 6008. HAZARD ABATEMENT AUTHORITY. 

10 (a) IN GENERAL.—Chapter 51 is amended by insert11 ing after section 5129 the following: 

12 ‘‘§ 5130. Hazard abatement authority 

13 ‘‘(a) ORDERING REMOVAL, REMEDIATION, OR DIS14 POSAL.—If, upon inspection, investigation, testing, or re15 search, the Secretary determines that an unsafe condition, 

16 practice, or activity, related to the transportation of haz17 ardous materials in commerce or other items subject to 

18 this chapter, causes unreasonable risk of death, personal 

19 injury, or significant harm to the property or the environ20 ment, the Secretary may order removal, remediation, or 

21 disposal of such hazardous materials or other items sub22 ject to this chapter, as may be necessary to abate the un23 reasonable risk. 

24 ‘‘(b) WRITTEN ORDERS.—The order shall be in writ25 ing, and describe— 


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1 ‘‘(1) the condition, practice, or activity that 

2 causes the unreasonable risk; 

3 ‘‘(2) the actions that must be taken to abate 

4 the unreasonable risk; and 

5 ‘‘(3) the standards and procedures for obtaining 

6 relief from the order. 

7 ‘‘(c) DURATION OF ORDER.—Subsection (b) does not 

8 affect the Secretary’s discretion under this section to 

9 maintain the order in effect for as long as the emergency 

10 situation exists. 

11 ‘‘(d) FAILURE TO COMPLY.—If the Secretary deter12 mines that a person has failed to comply with an order 

13 for removal, remediation, or disposal, the Secretary may 

14 take such action to arrange for the removal, remediation, 

15 or disposal of such hazardous materials as necessary to 

16 abate the unreasonable risk. 

17 ‘‘(e) LIABILITY FOR NONCOMPLIANCE.—Upon a de18 termination by the Secretary that a person has failed to 

19 comply with an order for removal, remediation, or disposal 

20 of a hazardous material, such person shall be liable for 

21 all costs incurred by the United States Government in re22 moving, remediating, or disposing of such hazardous ma23 terials.’’. 


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1 (b) CONFORMING AMENDMENT.—The analysis for 

2 chapter 51 is amended by inserting after the item relating 

3 to section 5129 the following: 

‘‘5130. Hazard abatement authority.’’. 

4 SEC. 6009. INSPECTION OF NON-DOMESTIC ENTITIES. 

5 Section 5121 is amended by inserting the following 

6 after subsection (c)(3): 

7 ‘‘(4) INSPECTION OF NON-DOMESTIC ENTI8 TIES.—In instances when a person seeks to manu9 facture, requalify, or inspect a DOT specification 

10 packaging or special permit cylinders or certify com11 pliance with title 49 of the Code of Federal Regula12 tions outside the United States, that person must 

13 seek an approval from the Secretary to perform that 

14 function outside the United States. Upon the re15 quest of the Secretary, the applicant must allow the 

16 Secretary or the Secretary’s designee to inspect the 

17 applicant’s process and procedures. The applicant 

18 must bear the cost of the initial and subsequent in19 spections.’’. 

20 SEC. 6010. IMPROVING THE EFFECTIVENESS OF THE HMEP 

21 GRANT PROGRAM. 

22 (a) PLANNING AND TRAINING GRANTS.—Section 

23 5116 is amended to read as follows: 


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1 ‘‘§ 5116. Planning and training grants, monitoring, 

2 and review 

3 ‘‘(a) PLANNING AND TRAINING GRANTS.—(1) The 

4 Secretary shall make grants to States and Indian tribes— 

5 ‘‘(A) to develop, improve, and carry out emer6 gency plans under the Emergency Planning and 

7 Community Right-To-Know Act of 1986 (42 U.S.C. 

8 11001 et seq.), including ascertaining flow patterns 

9 of hazardous material on lands under the jurisdic10 tion of a State or Indian tribe, and between lands 

11 under the jurisdiction of a State or Indian tribe and 

12 lands of another State or Indian tribe; 

13 ‘‘(B) to decide on the need for a regional haz14 ardous material emergency response team; and 

15 ‘‘(C) to train public sector employees to respond 

16 to accidents and incidents involving hazardous mate17 rial. To the extent that a grant is used to train 

18 emergency responders, the State or Indian tribe 

19 shall provide written certification to the Secretary 

20 that the emergency responders who receive training 

21 under the grant will have the ability to protect near22 by persons, property, and the environment from the 

23 effects of accidents or incidents involving the trans24 portation of hazardous material in accordance with 

25 existing regulations or National Fire Protection As26 sociation standards for competence of responders to 


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1 accidents and incidents involving hazardous mate2 rials. 

3 ‘‘(2) The Secretary may make a grant to a State or 

4 Indian tribe under paragraph (1) of this subsection only 

5 if— 

6 ‘‘(A) the State or Indian tribe certifies that the 

7 total amount the State or Indian tribe expends (ex8 cept amounts of the United States Government) for 

9 the purpose of the grant will at least equal the aver10 age level of expenditure for the last 5 years; and 

11 ‘‘(B) any emergency response training provided 

12 under the grant shall consist of: 

13 ‘‘(i) a course developed or identified under 

14 section 5115 of this title; or 

15 ‘‘(ii) another course the Secretary decides 

16 is consistent with the objectives of this section. 

17 ‘‘(3) A State or Indian tribe receiving a grant under 

18 this subsection shall ensure that planning and emergency 

19 response training under the grant is coordinated with ad20 jacent States and Indian tribes. 

21 ‘‘(4) A training grant under this subsection may be 

22 used— 

23 ‘‘(A) to pay— 

24 ‘‘(i) the tuition costs of public sector em25 ployees being trained; 


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1 ‘‘(ii) travel expenses of those employees to 

2 and from the training facility; 

3 ‘‘(iii) room and board of those employees 

4 when at the training facility; and 

5 ‘‘(iv) travel expenses of individuals pro6 viding the training; 

7 ‘‘(B) by the State, political subdivision, or In8 dian tribe to provide the training; and 

9 ‘‘(C) to make an agreement with a person (in10 cluding an authority of a State, a political subdivi11 sion of a State or Indian tribe, or a local jurisdic12 tion), subject to approval by the Secretary, to pro13 vide the training— 

14 ‘‘(i) if the agreement allows the Secretary 

15 and the State or Indian tribe to conduct ran16 dom examinations, inspections, and audits of 

17 the training without prior notice; 

18 ‘‘(ii) the person agrees to have an 

19 auditable accounting system; and 

20 ‘‘(iii) if the State or Indian tribe conducts 

21 at least one on-site observation of the training 

22 each year. 

23 ‘‘(5) The Secretary shall allocate amounts made 

24 available for grants under this subsection among eligible 

25 States and Indian tribes based on the needs of the States 


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1 and Indian tribes for emergency response training. In 

2 making a decision about those needs, the Secretary shall 

3 consider— 

4 ‘‘(A) the number of hazardous material facili5 ties in the State or on land under the jurisdiction of 

6 the Indian tribe; 

7 ‘‘(B) the types and amounts of hazardous mate8 rial transported in the State or on such land; 

9 ‘‘(C) whether the State or Indian tribe imposes 

10 and collects a fee on transporting hazardous mate11 rial; 

12 ‘‘(D) whether such fee is used only to carry out 

13 a purpose related to transporting hazardous mate14 rial; 

15 ‘‘(E) the past record of the State or Indian 

16 tribe in effectively managing planning and training 

17 grants; and 

18 ‘‘(F) other factors the Secretary decides are ap19 propriate to carry out this subsection. 

20 ‘‘(b) COMPLIANCE WITH CERTAIN LAW.—The Sec21 retary may make a grant to a State under this section 

22 only if the State certifies that the State complies with sec23 tions 301 and 303 of the Emergency Planning and Com24 munity Right-To-Know Act of 1986 (42 U.S.C. 11001, 

25 11003). 


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1 ‘‘(c) APPLICATIONS.—A State or Indian tribe inter2 ested in receiving a grant under this section shall submit 

3 an application to the Secretary. The application must be 

4 submitted at the time, and contain information, the Sec5 retary requires by regulation to carry out the objectives 

6 of this section. 

7 ‘‘(d) GOVERNMENT’S SHARE OF COSTS.—A grant 

8 under this section is for 80 percent of the cost the State 

9 or Indian tribe incurs to carry out the activity for which 

10 the grant is made. Amounts of the State or tribe under 

11 subsections (a)(2)(A) and (b)(2)(A) of this section are not 

12 part of the non-Government share under this subsection. 

13 ‘‘(e) MONITORING AND TECHNICAL ASSISTANCE.—In 

14 coordination with the Secretaries of Transportation and 

15 Energy, the Administrator of the Environmental Protec16 tion Agency, and the Director of the National Institute 

17 of Environmental Health Sciences, the Administrator of 

18 the Federal Emergency Management Agency shall monitor 

19 public sector emergency response planning and training 

20 for an accident or incident involving hazardous material. 

21 Considering the results of the monitoring, the Secretaries, 

22 Administrator, and Directors each shall provide technical 

23 assistance to a State, political subdivision of a State, or 

24 Indian tribe for carrying out emergency response training 

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1 ardous material and shall coordinate the assistance using 

2 the existing coordinating mechanisms of the National Re3 sponse Team and, for radioactive material, the Federal 

4 Radiological Preparedness Coordinating Committee. 

5 ‘‘(f) DELEGATION OF AUTHORITY.—To minimize ad6 ministrative costs and to coordinate Federal financial as7 sistance for emergency response training and planning, 

8 the Secretary may delegate to the Administrator of the 

9 Federal Emergency Management Agency and Director of 

10 the National Institute of Environmental Health Sciences, 

11 Chairman of the Nuclear Regulatory Commission, Admin12 istrator of the Environmental Protection Agency, and Sec13 retaries of Labor and Energy any of the following: 

14 ‘‘(1) Authority to receive applications for grants 

15 under this section. 

16 ‘‘(2) Authority to review applications for tech17 nical compliance with this section. 

18 ‘‘(3) Authority to review applications to rec19 ommend approval or disapproval. 

20 ‘‘(4) Any other ministerial duty associated with 

21 grants under this section. 

22 ‘‘(g) MINIMIZING DUPLICATION OF EFFORT AND EX23 PENSES.—The Secretaries of Transportation, Labor, and 

24 Energy, the Administrator of the Federal Emergency 

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1 tute of Environmental Health Sciences, the Chairman of 

2 the Nuclear Regulatory Commission, and the Adminis3 trator of the Environmental Protection Agency shall re4 view periodically, with the head of each department, agen5 cy, or instrumentality of the Government, all emergency 

6 response and preparedness training programs of that de7 partment, agency, or instrumentality to minimize duplica8 tion of effort and expense of the department, agency, or 

9 instrumentality in carrying out the programs and shall 

10 take necessary action to minimize duplication. 

11 ‘‘(h) ANNUAL REGISTRATION FEE ACCOUNT AND ITS

12 USES.—The Secretary of the Treasury shall establish an 

13 account in the Treasury (to be known as the ‘Hazardous 

14 Materials Emergency Preparedness Fund’) into which the 

15 Secretary of the Treasury shall deposit amounts the Sec16 retary of Transportation transfers to the Secretary of the 

17 Treasury under section 5108(g)(2)(C) of this title. With18 out further appropriation, amounts in the account are 

19 available— 

20 ‘‘(1) to make grants under this section; 

21 ‘‘(2) to monitor and provide technical assistance 

22 under subsection (e) of this section; 

23 ‘‘(3) to publish and distribute an emergency re24 sponse guide; and 


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1 ‘‘(4) to pay administrative costs of carrying out 

2 this section and sections 5108(g)(2) and 5115 of 

3 this title, except that up to 4 percent of the amounts 

4 made available from the account in a fiscal year may 

5 be used to pay those costs. 

6 ‘‘(i) INSTRUCTOR TRAINING GRANTS FOR EMER7 GENCY RESPONDERS AND HAZARDOUS MATERIALS EM8 PLOYEES.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall make 

10 grants under this subsection— 

11 ‘‘(A) for training instructors to conduct 

12 hazardous materials response training programs 

13 for individuals with statutory responsibility to 

14 respond to hazardous materials accidents and 

15 incidents; 

16 ‘‘(B) for training instructors to train 

17 hazmat employees; and 

18 ‘‘(C) to the extent determined appropriate 

19 by the Secretary, for such instructors to train 

20 hazmat employees. 

21 ‘‘(2) ELIGIBILITY FOR EMERGENCY RESPONDER

22 TRAINING GRANTS.—A grant under (1)(A) of this 

23 subsection shall be made through a competitive proc24 ess to a nonprofit organization that— 


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1 ‘‘(A) demonstrates expertise in conducting 

2 a training program for hazmat emergency re3 sponders; 

4 ‘‘(B) has the ability to reach and involve in 

5 a training program a target population of 

6 hazmat emergency responders; 

7 ‘‘(C) agrees to use a course or courses de8 veloped or identified under section 5115 of this 

9 title or otherwise approved by the Secretary; 

10 ‘‘(D) provides training courses that comply 

11 with Federal regulations and national consensus 

12 standards for hazardous materials response and 

13 are offered on a nondiscriminatory basis; and 

14 ‘‘(E) ensures that emergency responders 

15 who receive training under the grant will have 

16 the ability to protect nearby persons, property, 

17 and the environment from the effects of acci18 dents or incidents involving the transportation 

19 of hazardous material in accordance with exist20 ing regulations or National Fire Protection As21 sociation standards for competence of respond22 ers to accidents and incidents involving haz23 ardous materials. 

24 ‘‘(3) ELIGIBILITY FOR HAZARDOUS MATERIALS

25 EMPLOYEE TRAINING GRANTS.—A grant under 


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1 (1)(B) and (1)(C) of this subsection shall be made 

2 on a competitive basis to a nonprofit organization 

3 that demonstrates expertise in providing training, 

4 research, technological development, or a similar 

5 service intended to enhance the capabilities of haz6 ardous materials employees. 

7 ‘‘(4) TRAINING OF CERTAIN EMPLOYEES.—The 

8 Secretary shall ensure that maintenance-of-way em9 ployees and railroad signalmen receive general 

10 awareness and familiarization training and safety 

11 training pursuant to section 172.704 of title 49, 

12 Code of Federal Regulations. 

13 ‘‘(5) EXISTING EFFORT.—No grant under this 

14 subsection shall supplant or replace existing em15 ployer-provided hazardous materials training efforts 

16 or obligations. 

17 ‘‘(6) USE OF FUNDS.—Funds granted to an or18 ganization under this subsection shall only be 

19 used— 

20 ‘‘(A) to provide training, including portable 

21 training, for instructors to conduct hazardous 

22 materials and hazardous materials response 

23 training programs; 


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1 ‘‘(B) to purchase training equipment used 

2 exclusively to train instructors to conduct such 

3 training programs; and 

4 ‘‘(C) to disseminate such information and 

5 materials as are necessary for the conduct of 

6 such training programs. 

7 ‘‘(7) PORTABLE TRAINING.—In this subsection, 

8 the term ‘portable training’ means live, instructor9 led training provided by certified instructors that 

10 can be offered in any suitable setting, rather than 

11 specific designated facilities. Under this training de12 livery model, instructors travel to locations conven13 ient to students and utilize local facilities and re14 sources. 

15 ‘‘(8) TERMS AND CONDITIONS.—The Secretary 

16 may impose such additional terms and conditions on 

17 grants to be made under this subsection as the Sec18 retary determines are necessary to protect the inter19 ests of the United States and to carry out the objec20 tives of this subsection. 

21 ‘‘(j) REPORTS.—The Secretary shall make an annual 

22 report available to the public (in an electronically acces23 sible format). The report submitted under this subsection 

24 shall include information on the allocation and uses of the 

25 planning and training grants allocated under subsection 


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1 (a), and grants under subsection (i) of this section. The 

2 report submitted under this subsection shall identify the 

3 ultimate recipients of such grants and include— 

4 ‘‘(1) a detailed accounting and description of 

5 each grant expenditure by each grant recipient, in6 cluding the amount of, and purpose for, each ex7 penditure; 

8 ‘‘(2) the number of persons trained under the 

9 grant program, by training level; 

10 ‘‘(3) an evaluation of the efficacy of such plan11 ning and training programs; and 

12 ‘‘(4) any recommendations the Secretary may 

13 have for improving such grant programs.’’. 

14 (b) CONFORMING AMENDMENT.—The analysis for 

15 chapter 51 is amended by striking the item relating to 

16 section 5116 and inserting the following: 

‘‘5116. Planning and training grants, monitoring, and review.’’. 

17 (c) TRAINING REQUIREMENTS.—Section 5107 is 

18 amended by— 

19 (1) striking ‘‘and grants’’ from the section 

20 heading; 

21 (2) deleting subsections (e), (f), and (h); and 

22 (3) redesignating subsection (g) as subsection 

23 (e). 


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1 (d) CONFORMING AMENDMENT.—The analysis for 

2 chapter 51 is amended by striking the item relating to 

3 section 5107 and inserting the following: 

‘‘5107. HAZMAT employee training requirements.’’. 

4 SEC. 6011. CIVIL PENALTY. 

5 Section 5123 is amended— 

6 (1) in subsection (a)(1), by striking ‘‘$75,000’’ 

7 and inserting ‘‘$250,000’’; and 

8 (2) in subsection (a)(2), by striking ‘‘$175,000’’ 

9 and inserting ‘‘$500,000’’. 

10 SEC. 6012. GENERAL DUTY. 

11 Section 5103, as amended by this Act, is amended 

12 by— 

13 (1) redesignating subsections (d) and (e) as (e) 

14 and (f), respectively; and 

15 (2) inserting the following after subsection (c): 

16 ‘‘(d) DUTY FOR SAFE TRANSPORTATION.—A person 

17 shall— 

18 ‘‘(1) take all reasonable measures and pre19 cautions to properly classify, describe, package, 

20 mark and label, and ensure proper condition for 

21 transportation of a hazardous material; and 

22 ‘‘(2) comply with this chapter, or a regulation 

23 prescribed, or an order, special permit or approval 

24 issued under this chapter.’’. 


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1 SEC. 6013. AUTHORIZATION OF APPROPRIATIONS. 

2 The text of section 5128 is amended to read as fol3 lows: 

4 ‘‘(a) IN GENERAL.—There are authorized to be ap5 propriated to the Secretary to carry out this chapter (ex6 cept sections 5108(g)(2), 5113, 5115, 5116, and 5119 of 

7 this title), $64,254,000 for fiscal year 2016 and such sums 

8 as may be necessary for fiscal years 2017 through 2021. 

9 ‘‘(b) HAZARDOUS MATERIALS EMERGENCY PRE10 PAREDNESS FUND.—From the Hazardous Materials 

11 Emergency Preparedness Fund established under section 

12 5116(h) of this title, the Secretary may expend, for each 

13 of fiscal years 2016 through 2021— 

14 ‘‘(1) $188,000 to carry out section 5115; 

15 ‘‘(2) $21,800,000 to carry out subsection (a) of 

16 section 5116; 

17 ‘‘(3) $150,000 to carry out section 5116(e); 

18 ‘‘(4) $625,000 to publish and distribute the 

19 Emergency Response Guidebook under section 

20 5116(h)(3); and 

21 ‘‘(5) $5,000,000 to carry out section 5116(i). 

22 ‘‘(c) CREDITS TO APPROPRIATIONS.— 

23 ‘‘(1) EXPENSES.—In addition to amounts oth24 erwise made available to carry out this chapter, the 

25 Secretary may credit amounts received from a State, 

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1 tity for expenses the Secretary incurs in providing 

2 training to the State, authority, or entity. 

3 ‘‘(2) AVAILABILITY OF AMOUNTS.—Amounts 

4 made available under this section shall remain avail5 able until expended.’’. 

6 SEC. 6014. ELIMINATION OF CERTAIN PHMSA REPORTING 

7 REQUIREMENTS. 

8 Section 6 of the Norman Y. Mineta Research and 

9 Special Programs Improvement Act (49 U.S.C. 108 note) 

10 is amended— 

11 (1) by striking subsection (b)(1); and 

12 (2) by striking the heading for subsection (b) 

13 and redesignating subsection (b)(2) as subsection 

14 (b). 

15 TITLE VII—AMENDMENTS TO 

16 THE INTERNAL REVENUE CODE 

17 SEC. 7001. AMENDMENT OF 1986 CODE. 

18 Except as otherwise expressly provided, whenever in 

19 this title an amendment or repeal is expressed in terms 

20 of an amendment to, or repeal of, a section or other provi21 sion, the reference shall be considered to be made to a 

22 section or other provision of the Internal Revenue Code 

23 of 1986. 

24 SEC. 7002. EXTENSION OF HIGHWAY-RELATED TAXES. 

25 (a) EXTENSION OF TAXES.— 


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1 (1) IN GENERAL.—The following provisions are 

2 each amended by striking ‘‘2016’’ each place it ap3 pears and inserting ‘‘2023’’: 

4 (A) Section 4041(a)(1)(C)(iii)(I) (relating 

5 to rate of tax on certain buses). 

6 (B) Section 4041(m)(1) (relating to cer7 tain alcohol fuels). 

8 (C) Section 4051(c) (relating to termi9 nation of tax on heavy trucks and trailers). 

10 (D) Section 4071(d) (relating to termi11 nation of tax on tires). 

12 (E) Section 4081(d)(1) (relating to termi13 nation of tax on gasoline, diesel fuel, and ker14 osene). 

15 (F) Section 4081(d)(3) (relating to the 

16 Leaking Underground Storage Tank Financing 

17 rate). 

18 (2) EXTENSION OF TAX, ETC., ON USE OF CER19 TAIN HEAVY VEHICLES.—The following provisions 

20 are each amended by striking ‘‘2017’’ each place it 

21 appears and inserting ‘‘2023’’: 

22 (A) Section 4481(f) (relating to period tax 

23 in effect). 

24 (B) Section 4482(c)(4) (relating to taxable 

25 period). 


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1 (C) Section 4482(d) (relating to special 

2 rule for taxable period in which termination 

3 date occurs). 

4 (3) FLOOR STOCKS REFUNDS.—Section 

5 6412(a)(1) (relating to floor stocks refunds) is 

6 amended— 

7 (A) by striking ‘‘2016’’ each place it ap8 pears and inserting ‘‘2023’’; and 

9 (B) by striking ‘‘2017’’ each place it ap10 pears and inserting ‘‘2024’’. 

11 (b) EXTENSION OF CERTAIN EXEMPTIONS.— 

12 (1) CERTAIN TAX-FREE SALES.—Section 

13 4221(a) (relating to certain tax-free sales) is amend14 ed by striking ‘‘2016’’ and inserting ‘‘2023’’. 

15 (2) TERMINATION OF EXEMPTIONS FOR HIGH16 WAY USE TAX.—Section 4483(i) (relating to termi17 nation of exemptions for highway use tax) is amend18 ed by striking ‘‘2017’’ and inserting ‘‘2024’’. 

19 SEC. 7003. EXTENSION OF PROVISIONS RELATED TO THE 

20 SPORT FISH RESTORATION AND BOATING 

21 TRUST FUND. 

22 (a) EXTENSION OF EXPENDITURES FROM THE

23 TRUST FUND.—Subparagraphs (A) through (C) of para24 graph (2) of section 9504(b) of such Code are amended 

25 to read as follows: 


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1 ‘‘(A) to carry out the purposes of the Din2 gell-Johnson Sport Fish Restoration Act (as in 

3 effect on the date of the enactment of the 

4 GROW AMERICA Act), 

5 ‘‘(B) to carry out the purposes of section 

6 7404(d) of the Transportation Equity Act for 

7 the 21st Century (as in effect on the date of 

8 the enactment of the GROW AMERICA Act), 

9 and 

10 ‘‘(C) to carry out the purposes of the 

11 Coastal Wetlands Planning, Protection and 

12 Restoration Act (as in effect on the date of the 

13 enactment of the GROW AMERICA Act).’’. 

14 (b) EXCEPTION TO LIMITATION ON TRANSFERS.— 

15 Paragraph (2) of section 9504(d) is amended by striking 

16 ‘‘June 1, 2015,’’ and inserting ‘‘October 1, 2021,’’. 

17 SEC. 7004. TRANSPORTATION TRUST FUND. 

18 (a) CREATION OF TRANSPORTATION TRUST FUND.— 

19 Section 9503 is amended to read as follows: 

20 ‘‘§ 9503. Transportation Trust Fund 

21 ‘‘(a) CREATION OF TRUST FUND.—There is estab22 lished in the Treasury of the United States a trust fund 

23 to be known as the ‘Transportation Trust Fund’, con24 sisting of such amounts as may be appropriated or cred25 ited to the Transportation Trust Fund as provided in this 


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1 section or section 9602(b). The Transportation Trust 

2 Fund is a successor to the Highway Trust Fund estab3 lished under this section as in effect prior to the enact4 ment of the Transportation Jobs Act for the 21st Century. 

5 All references to the Mass Transit Account of the High6 way Trust Fund are deemed to be references to the Mass 

7 Transit Account of the Transportation Trust Fund under 

8 subsection (e). All references to the Highway Trust Fund 

9 (other than the Mass Transit Account) or to the Highway 

10 Account of the Highway Trust Fund are deemed to be 

11 references to the Highway Account of the Transportation 

12 Trust Fund under subsection (f). 

13 ‘‘(b) APPROPRIATION TO THE TRANSPORTATION

14 TRUST FUND OF AMOUNTS EQUIVALENT TO CERTAIN

15 TAXES AND PENALTIES.— 

16 ‘‘(1) CERTAIN TAXES.—There are hereby ap17 propriated to the Transportation Trust Fund 

18 amounts equivalent to the taxes received in the 

19 Treasury before October 1, 2023, under the fol20 lowing provisions— 

21 ‘‘(A) section 4041 (relating to taxes on die22 sel fuels and special motor fuels), 

23 ‘‘(B) section 4051 (relating to retail tax on 

24 heavy trucks and trailers), 


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1 ‘‘(C) section 4071 (relating to tax on 

2 tires), 

3 ‘‘(D) section 4081 (relating to tax on gaso4 line, diesel fuel, and kerosene), and 

5 ‘‘(E) section 4481 (relating to tax on use 

6 of certain vehicles). 

7 For purposes of this paragraph, taxes received under 

8 sections 4041 and 4081 shall be determined without 

9 reduction for credits under section 6426 and taxes 

10 received under section 4081 shall be determined 

11 without regard to tax receipts attributable to the 

12 rate specified in section 4081(a)(2)(C). 

13 ‘‘(2) LIABILITIES INCURRED BEFORE OCTOBER

14 1, 2023.—There are hereby appropriated to the 

15 Transportation Trust Fund amounts equivalent to 

16 the taxes which are received in the Treasury after 

17 September 30, 2023, and before July 1, 2024, and 

18 which are attributable to liability for tax incurred 

19 before October 1, 2023, under the provisions de20 scribed in paragraph (1). 

21 ‘‘(3) CERTAIN TAXES NOT TRANSFERRED TO

22 TRANSPORTATION TRUST FUND.—For purposes of 

23 paragraphs (1) and (2), there shall not be taken into 

24 account the taxes imposed by— 

25 ‘‘(A) section 4041(d), 


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1 ‘‘(B) section 4081 to the extent attrib2 utable to the rate specified in section 

3 4081(a)(2)(B), 

4 ‘‘(C) section 4041 or 4081 to the extent 

5 attributable to fuel used in a train, or 

6 ‘‘(D) in the case of gasoline and special 

7 motor fuels used as described in paragraph 

8 (3)(D) or (4)(B) of subsection (c), section 4041 

9 or 4081 with respect to so much of the rate of 

10 tax as exceeds— 

11 ‘‘(i) 11.5 cents per gallon with respect 

12 to taxes imposed before October 1, 2001, 

13 ‘‘(ii) 13 cents per gallon with respect 

14 to taxes imposed after September 30, 

15 2001, and before October 1, 2003, and 

16 ‘‘(iii) 13.5 cents per gallon with re17 spect to taxes imposed after September 30, 

18 2003, and before October 1, 2005. 

19 ‘‘(4) CERTAIN PENALTIES.—There are hereby 

20 appropriated to the Transportation Trust Fund 

21 amounts equivalent to the penalties paid under sec22 tions 6715, 6715A, 6717, 6718, 6719, 6720A, 6725, 

23 7232, and 7272 (but only with regard to penalties 

24 under each such section related to failure to register 

25 under section 4101). 


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1 ‘‘(c) FLOOR STOCKS REFUNDS.—The Secretary shall 

2 pay from time to time from the Transportation Trust 

3 Fund into the general fund of the Treasury amounts 

4 equivalent to the floor stocks refunds made before July 

5 1, 2024, under section 6412(a). The amounts payable 

6 from each account in the Transportation Trust Fund 

7 under the preceding sentence shall be determined by tak8 ing into account only the portion of the taxes which are 

9 deposited into the Transportation Trust Fund and into 

10 each account of such Fund. 

11 ‘‘(d) TRANSFERS FROM THE TRUST FUND FOR

12 TAXES ON CERTAIN USES OF FUEL.— 

13 ‘‘(1) MOTORBOAT FUEL TAXES.— 

14 ‘‘(A) TRANSFER TO LAND AND WATER

15 CONSERVATION FUND.— 

16 ‘‘(i) IN GENERAL.—The Secretary 

17 shall pay from time to time from the 

18 Transportation Trust Fund into the land 

19 and water conservation fund provided for 

20 in title I of the Land and Water Conserva21 tion Fund Act of 1965 amounts (as deter22 mined by the Secretary) equivalent to the 

23 motorboat fuel taxes received on or after 

24 October 1, 2005, and before October 1, 

25 2023. 


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1 ‘‘(ii) LIMITATION.—The aggregate 

2 amount transferred under this subpara3 graph during any fiscal year shall not ex4 ceed $1,000,000. 

5 ‘‘(2) EXCESS FUNDS TRANSFERRED TO SPORT

6 FISH RESTORATION AND BOATING TRUST FUND.— 

7 Any amounts in the Transportation Trust Fund— 

8 ‘‘(A) which are attributable to motorboat 

9 fuel taxes, and 

10 ‘‘(B) which are not transferred from the 

11 Transportation Trust Fund under paragraph 

12 (1)(A), 

13 shall be transferred by the Secretary from the 

14 Transportation Trust Fund into the Sport Fish Res15 toration and Boating Trust Fund. 

16 ‘‘(C) MOTORBOAT FUEL TAXES.—For pur17 poses of this paragraph, the term ‘motorboat 

18 fuel taxes’ means the taxes under section 

19 4041(a)(2) with respect to special motor fuels 

20 used as fuel in motorboats and under section 

21 4081 with respect to gasoline used as fuel in 

22 motorboats, but only to the extent such taxes 

23 are deposited into the Transportation Trust 

24 Fund. 


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1 ‘‘(D) DETERMINATION.—The amount of 

2 transfers made under this paragraph after Oc3 tober 1, 1986, shall be determined by the Sec4 retary in accordance with the methodology de5 scribed in the Treasury Department’s Report to 

6 Congress of June 1986 entitled ‘Gasoline Ex7 cise Tax Revenues Attributable to Fuel Used in 

8 Recreational Motorboats’. 

9 ‘‘(3) TRANSFERS FROM THE TRUST FUND FOR

10 SMALL-ENGINE FUEL TAXES.— 

11 ‘‘(A) IN GENERAL.—The Secretary shall 

12 pay from time to time from the Transportation 

13 Trust Fund into the Sport Fish Restoration 

14 and Boating Trust Fund amounts (as deter15 mined by him) equivalent to the small-engine 

16 fuel taxes received on or after December 1, 

17 1990, and before October 1, 2023. 

18 ‘‘(B) SMALL-ENGINE FUEL TAXES.—For 

19 purposes of this paragraph, the term ‘small-en20 gine fuel taxes’ means the taxes under section 

21 4081 with respect to gasoline used as a fuel in 

22 the nonbusiness use of small-engine outdoor 

23 power equipment, but only to the extent such 

24 taxes are deposited into the Transportation 


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1 Trust Fund and into each account of such 

2 Fund. 

3 ‘‘(4) TRANSFERS FROM THE TRUST FUND FOR

4 CERTAIN AVIATION FUEL TAXES.—The Secretary 

5 shall pay at least monthly from the Transportation 

6 Trust Fund into the Airport and Airway Trust 

7 Fund amounts (as determined by the Secretary) 

8 equivalent to the taxes received on or after October 

9 1, 2005, and before October 1, 2023, under section 

10 4081 with respect to so much of the rate of tax as 

11 does not exceed. 

12 ‘‘(A) 4.3 cents per gallon of kerosene sub13 ject to section 6427(l)(4)(A) with respect to 

14 which a payment has been made by the Sec15 retary under section 6427(l), and 

16 ‘‘(B) 21.8 cents per gallon of kerosene sub17 ject to section 6427(l)(4)(B) with respect to 

18 which a payment has been made by the Sec19 retary under section 6427(l). 

20 Transfers under the preceding sentence shall be 

21 made on the basis of estimates by the Secretary, and 

22 proper adjustments shall be made in the amounts 

23 subsequently transferred to the extent prior esti24 mates were in excess of or less than the amounts re25 quired to be transferred. Any amount allowed as a 


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1 credit under section 34 by reason of paragraph (4) 

2 of section 6427(l) shall be treated for purposes of 

3 subparagraphs (A) and (B) as a payment made by 

4 the Secretary under such paragraph. 

5 ‘‘(e) ESTABLISHMENT OF MASS TRANSIT AC6 COUNT.— 

7 ‘‘(1) CREATION OF ACCOUNT.—There is estab8 lished in the Transportation Trust Fund a separate 

9 account to be known as the ‘Mass Transit Account’ 

10 consisting of such amounts as may be transferred or 

11 credited to the Mass Transit Account as provided in 

12 this section or section 9602(b). 

13 ‘‘(2) TRANSFERS TO MASS TRANSIT AC14 COUNT.—The Secretary of the Treasury shall trans15 fer to the Mass Transit Account— 

16 ‘‘(A) the mass transit portion of the 

17 amounts appropriated to the Transportation 

18 Trust Fund under subsection (b) which are at19 tributable to taxes under sections 4041 and 

20 4081 imposed after March 31, 1983. For pur21 poses of the preceding sentence, the term ‘mass 

22 transit portion’ means, for any fuel with respect 

23 to which tax was imposed under section 4041 

24 or 4081 and otherwise deposited into the 


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1 Transportation Trust Fund, the amount deter2 mined at the rate of— 

3 ‘‘(i) except as otherwise provided in 

4 this sentence, 2.86 cents per gallon, 

5 ‘‘(ii) 1.43 cents per gallon in the case 

6 of any partially exempt methanol or eth7 anol fuel (as defined in section 4041(m)) 

8 none of the alcohol in which consists of 

9 ethanol, 

10 ‘‘(iii) 1.86 cents per gallon in the case 

11 of liquefied natural gas, 

12 ‘‘(iv) 2.13 cents per gallon in the case 

13 of liquefied petroleum gas, and 

14 ‘‘(v) 1.23 cents per energy equivalent 

15 of a gallon of gasoline in the case of com16 pressed natural gas, and 

17 ‘‘(B) additional amounts appropriated to 

18 the Mass Transit Account by subsection 

19 (h)(1)(B). 

20 ‘‘(3) EXPENDITURES FROM ACCOUNT.— 

21 Amounts in the Mass Transit Account shall be avail22 able, as provided by appropriation Acts, for making 

23 capital or capital related expenditures (including 

24 capital expenditures for new projects) before October 

25 1, 2021, in accordance with the GROW AMERICA 


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1 Act or any other provision of law which was referred 

2 to in this paragraph before the date of the enact3 ment of such Act (as such Act and provisions of law 

4 are in effect on the date of the enactment of such 

5 Act). 

6 ‘‘(4) LIMITATION ON TRANSFERS TO THE AC7 COUNT.— 

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

9 subparagraph (B), no amount may be trans10 ferred to the Mass Transit Account on and 

11 after the date of any expenditure from the Mass 

12 Transit Account which is not permitted by this 

13 subsection. The determination of whether an ex14 penditure is so permitted shall be made without 

15 regard to— 

16 ‘‘(i) any provision of law which is not 

17 contained or referenced in this title or in 

18 a revenue Act, and 

19 ‘‘(ii) whether such provision of law is 

20 a subsequently enacted provision or di21 rectly or indirectly seeks to waive the ap22 plication of this paragraph. 

23 ‘‘(B) EXCEPTION FOR PRIOR OBLIGA24 TIONS.—Subparagraph (A) shall not apply to 

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1 tered into (or for any amount otherwise obli2 gated) before October 1, 2021, in accordance 

3 with the provisions of this section. 

4 ‘‘(f) ESTABLISHMENT OF HIGHWAY ACCOUNT.— 

5 ‘‘(1) CREATION OF ACCOUNT.—There is estab6 lished in the Transportation Trust Fund a separate 

7 account to be known as the ‘Highway Account’ con8 sisting of such amounts as may be transferred or 

9 credited to the Highway Account as provided in this 

10 section or section 9602(b). 

11 ‘‘(2) TRANSFERS TO THE HIGHWAY AC12 COUNT.—The Secretary of the Treasury shall trans13 fer to the Highway Account— 

14 ‘‘(A) the portion of the taxes appropriated 

15 to the Transportation Trust Fund by— 

16 ‘‘(i) subparagraphs (B), (C), and (E) 

17 of subsection (b)(1), and 

18 ‘‘(ii) subparagraphs (A) and (D) of 

19 subsection (b)(1), but only to the extent 

20 that such taxes are not required to be 

21 transferred to the Mass Transit Account 

22 under subsection (e), 

23 ‘‘(B) additional amounts appropriated to 

24 the Highway Account by subsection (h)(1)(A); 

25 and 


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1 ‘‘(C) fines and penalties appropriated to 

2 the Transportation Trust Fund by subsection 

3 (b)(4) and by section 521(b)(10) of title 49, 

4 United States Code. 

5 ‘‘(3) LIMITATION ON TRANSFERS TO THE AC6 COUNT.— 

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

8 subparagraph (B), no amount may be trans9 ferred to the Highway Account on and after the 

10 date of any expenditure from the Highway Ac11 count which is not permitted by this subsection. 

12 The determination of whether an expenditure is 

13 so permitted shall be made without regard to— 

14 ‘‘(i) any provision of law which is not 

15 contained or referenced in this title or in 

16 a revenue Act, and 

17 ‘‘(ii) whether such provision of law is 

18 a subsequently enacted provision or di19 rectly or indirectly seeks to waive the ap20 plication of this paragraph. 

21 ‘‘(B) EXCEPTION FOR PRIOR OBLIGA22 TIONS.—Subparagraph (A) shall not apply to 

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1 gated) before October 1, 2021, in accordance 

2 with the provisions of this section. 

3 ‘‘(4) EXPENDITURES FROM ACCOUNT.— 

4 Amounts in the Highway Account of the Transpor5 tation Trust Fund shall be available, as provided by 

6 appropriation acts, for making expenditures before 

7 October 1, 2021, to meet those obligations of the 

8 United States heretofore or hereafter incurred which 

9 are authorized to be paid out of the Highway Ac10 count under the GROW AMERICA Act or any other 

11 provision of law which was referred to in paragraph 

12 (c)(1) (as in effect on the day before enactment of 

13 such Act) before the date of the enactment of such 

14 Act (as such Act and provisions of law are in effect 

15 on the date of the enactment of such Act). 

16 ‘‘(g) ESTABLISHMENT OF RAIL ACCOUNT.— 

17 ‘‘(1) CREATION OF ACCOUNT.—There is estab18 lished in the Transportation Trust Fund a separate 

19 account to be known as the ‘Rail Account’ consisting 

20 of such amounts as may be transferred or credited 

21 to the Rail Account as provided in this section or 

22 section 9602(b). 

23 ‘‘(2) TRANSFERS TO THE RAIL ACCOUNT.—The 

24 Secretary of the Treasury shall transfer to the Rail 


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1 Account amounts appropriated to the Rail Account 

2 by subsection (h)(1)(C). 

3 ‘‘(3) LIMITATION ON TRANSFERS TO THE AC4 COUNT.— 

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

6 subparagraph (B), no amount may be trans7 ferred to the Rail Account on and after the date 

8 of any expenditure from the Rail Account which 

9 is not permitted by this subsection. The deter10 mination of whether an expenditure is so per11 mitted shall be made without regard to— 

12 ‘‘(i) any provision of law which is not 

13 contained or referenced in this title or in 

14 a revenue Act, and 

15 ‘‘(ii) whether such provision of law is 

16 a subsequently enacted provision or di17 rectly or indirectly seeks to waive the ap18 plication of this paragraph. 

19 ‘‘(B) EXCEPTION FOR PRIOR OBLIGA20 TIONS.—Subparagraph (A) shall not apply to 

21 any expenditure to liquidate any contract en22 tered into (or for any amount otherwise obli23 gated) before October 1, 2021, in accordance 

24 with the provisions of this section. 


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1 ‘‘(4) EXPENDITURES FROM ACCOUNT.— 

2 Amounts in the Rail Account of the Transportation 

3 Trust Fund shall be available, as provided by appro4 priation acts, for making expenditures before Octo5 ber 1, 2021, to meet those obligations of the United 

6 States heretofore or hereafter incurred which are au7 thorized to be paid out of the Rail Account under 

8 the GROW AMERICA Act. 

9 ‘‘(h) ADDITIONAL APPROPRIATIONS.— 

10 ‘‘(1) ADDITIONAL APPROPRIATIONS TO TRUST

11 FUND.—Out of money in the Treasury not otherwise 

12 appropriated, there is hereby appropriated to— 

13 ‘‘(A) the Highway Account in the Trans14 portation Trust Fund— 

15 ‘‘(i) for fiscal year 2016, 

16 $19,425,000,000, 

17 ‘‘(ii) for fiscal year 2017, 

18 $19,425,000,000, 

19 ‘‘(iii) for fiscal year 2018, 

20 $19,425,000,000, 

21 ‘‘(iv) for fiscal year 2019, 

22 $19,425,000,000, 

23 ‘‘(v) for fiscal year 2020, 

24 $19,425,000,000, and 


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1 ‘‘(vi) for fiscal year 2021, 

2 $19,425,000,000, and 

3 ‘‘(B) the Mass Transit Account in the 

4 Transportation Trust Fund— 

5 ‘‘(i) for fiscal year 2016, 

6 $14,300,000,000, 

7 ‘‘(ii) for fiscal year 2017, 

8 $14,300,000,000, 

9 ‘‘(iii) for fiscal year 2018, 

10 $14,300,000,000, 

11 ‘‘(iv) for fiscal year 2019, 

12 $14,300,000,000, 

13 ‘‘(v) for fiscal year 2020, 

14 $14,300,000,000, and 

15 ‘‘(vi) for fiscal year 2021, 

16 $14,300,000,000, and 

17 ‘‘(C) the Rail Account in the Transpor18 tation Trust Fund— 

19 ‘‘(i) for fiscal year 2016, 

20 $4,758,000,000, 

21 ‘‘(ii) for fiscal year 2017, 

22 $4,758,000,000, 

23 ‘‘(iii) for fiscal year 2018, 

24 $4,758,000,000, 


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1 ‘‘(iv) for fiscal year 2019, 

2 $4,758,000,000, 

3 ‘‘(v) for fiscal year 2020, 

4 $4,758,000,000, and 

5 ‘‘(vi) for fiscal year 2021, 

6 $4,758,000,000; and 

7 ‘‘(D) the Multimodal Account in the 

8 Transportation Trust Fund— 

9 ‘‘(i) for fiscal year 2016, 

10 $1,250,000,000, 

11 ‘‘(ii) for fiscal year 2017, 

12 $1,250,000,000, 

13 ‘‘(iii) for fiscal year 2018, 

14 $1,250,000,000, 

15 ‘‘(iv) for fiscal year 2019, 

16 $1,250,000,000, 

17 ‘‘(v) for fiscal year 2020, 

18 $1,250,000,000, and 

19 ‘‘(vi) for fiscal year 2021, 

20 $1,250,000,000. 

21 ‘‘(2) TREATMENT OF APPROPRIATED

22 AMOUNTS.—Any amount appropriated under this 

23 subsection shall remain available without fiscal year 

24 limitation. 


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1 ‘‘(i) ADJUSTMENTS OF APPORTIONMENTS FOR HIGH2 WAY AND MASS TRANSIT ACCOUNT PROGRAMS.—The 

3 Secretary of the Treasury and where so indicated, the Sec4 retary of Transportation, shall take the following actions 

5 for the Highway Account and separately for the Mass 

6 Transit Account— 

7 ‘‘(1) ESTIMATES OF UNFUNDED AUTHORIZA8 TIONS AND NET RECEIPTS FOR ACCOUNT.—The Sec9 retary of the Treasury, not less frequently than once 

10 in each calendar quarter, after consultation with the 

11 Secretary of Transportation, shall estimate for the 

12 Account— 

13 ‘‘(A) the amount which would (but for this 

14 subsection) be the unfunded authorizations at 

15 the close of the next fiscal year, and 

16 ‘‘(B) the net receipts for the 48-month pe17 riod beginning at the close of such fiscal year. 

18 ‘‘(2) PROCEDURE WHERE THERE ARE EXCESS

19 UNFUNDED AUTHORIZATIONS.—If the Secretary of 

20 the Treasury determines for any fiscal year that the 

21 amount described in paragraph (1)(A) for the Ac22 count exceeds the amount described in paragraph 

23 (1)(B) for such Account— 

24 ‘‘(A) the Secretary shall so advise the Sec25 retary of Transportation, and 


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1 ‘‘(B) the Secretary shall further advise the 

2 Secretary of Transportation as to the amount 

3 of such excess. 

4 ‘‘(3) ADJUSTMENT OF APPORTIONMENTS

5 WHERE UNFUNDED AUTHORIZATIONS EXCEED 6

6 YEARS’ RECEIPTS.— 

7 ‘‘(A) DETERMINATION OF PERCENTAGE.— 

8 If, before any apportionment to the States is 

9 made of funds authorized to be appropriated 

10 from the Account in the most recent estimate 

11 made by the Secretary of the Treasury there is 

12 an excess referred to in paragraph (2)(B) for 

13 the Account, the Secretary of Transportation 

14 shall determine the percentage which— 

15 ‘‘(i) the excess referred to in para16 graph (2)(B) for the Account, is of 

17 ‘‘(ii) the amount authorized to be ap18 propriated from that Account of the Trust 

19 Fund for the fiscal year for apportionment 

20 to the States. 

21 If, but for this sentence, the most recent esti22 mate would be one which was made on a date 

23 which will be more than 3 months before the 

24 date of the apportionment, the Secretary of the 


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1 Treasury shall make a new estimate under 

2 paragraph (1) for the appropriate fiscal year. 

3 ‘‘(B) ADJUSTMENT OF APPORTION4 MENTS.—If the Secretary of Transportation de5 termines a percentage for the Account under 

6 subparagraph (A) for purposes of any appor7 tionment, notwithstanding any other provision 

8 of law, the Secretary of Transportation shall 

9 apportion to the States (in lieu of the amount 

10 which, but for the provisions of this subsection, 

11 would be so apportioned) the amount obtained 

12 by reducing the amount authorized to be so ap13 portioned by such percentage. 

14 ‘‘(4) APPORTIONMENT OF AMOUNTS PRE15 VIOUSLY WITHHELD FROM APPORTIONMENT.—If, 

16 after funds have been withheld from apportionment 

17 under paragraph (3)(B), the Secretary of the Treas18 ury determines that the amount described in para19 graph (1)(A) does not exceed the amount described 

20 in paragraph (1)(B) or that the excess described in 

21 paragraph (1)(B) is less than the amount previously 

22 determined, he shall so advise the Secretary of 

23 Transportation. The Secretary of Transportation 

24 shall apportion to the States such portion of the 

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1 retary of the Treasury has advised him may be so 

2 apportioned without causing the amount described in 

3 paragraph (1)(A) to exceed the amount described in 

4 paragraph (1)(B). Any funds apportioned pursuant 

5 to the preceding sentence shall remain available for 

6 the period for which they would be available if such 

7 apportionment took effect with the fiscal year in 

8 which they are apportioned pursuant to the pre9 ceding sentence. 

10 ‘‘(5) DEFINITIONS.—For purposes of this sub11 section— 

12 ‘‘(A) UNFUNDED AUTHORIZATIONS.—The 

13 term ‘unfunded authorizations’ means, at any 

14 time, the excess (if any) of— 

15 ‘‘(i) the total potential unpaid com16 mitments at such time as a result of the 

17 apportionment to the States of the 

18 amounts authorized to be appropriated 

19 from the Account, over 

20 ‘‘(ii) the amount available in the that 

21 Account at such time to defray such com22 mitments (after all other unpaid commit23 ments at such time which are payable from 

24 that Account have been defrayed). 


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1 ‘‘(B) NET RECEIPTS.—The term ‘net re2 ceipts’ means, with respect to any period, the 

3 excess of— 

4 ‘‘(i) the receipts (including interest) of 

5 the Account during such period, over 

6 ‘‘(ii) the amounts to be transferred 

7 during such period from such Account 

8 under subsection (d). 

9 ‘‘(6) MEASUREMENT OF NET RECEIPTS.—For 

10 purposes of making any estimate under paragraph 

11 (1) of net receipts for periods ending after the date 

12 specified in subsection (b)(1), the Secretary of the 

13 Treasury shall treat— 

14 ‘‘(A) each expiring provision of subsection 

15 (b) which is related to appropriations or trans16 fers to the Highway Account or the Mass Tran17 sit Account of the Transportation Trust Fund 

18 to have been extended through the end of the 

19 48-month period referred to in paragraph 

20 (1)(B), and 

21 ‘‘(B) with respect to each tax imposed 

22 under the sections referred to in subsection 

23 (b)(1), the rate of such tax during the 48- 

24 month period referred to in paragraph (1)(B) 


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1 to be the same as the rate of such tax as in ef2 fect on the date of such estimate. 

3 ‘‘(7) REPORTS.—Any estimate under paragraph 

4 (1) and any determination under paragraph (2) shall 

5 be reported by the Secretary of the Treasury to the 

6 Committee on Ways and Means of the House of 

7 Representatives, the Committee on Finance of the 

8 Senate, the Committees on the Budget of both 

9 Houses, the Committee on Transportation and In10 frastructure of the House of Representatives, and 

11 the Committee on Commerce, Science, and Trans12 portation, the Committee on Banking, and the Com13 mittee on Environment and Public Works of the 

14 Senate. 

15 ‘‘(j) ESTABLISHMENT OF MULTIMODAL ACCOUNT.— 

16 ‘‘(1) CREATION OF ACCOUNT.—There is estab17 lished in the Transportation Trust Fund a separate 

18 account to be known as the ‘Multimodal Account’ 

19 consisting of such amounts as may be transferred or 

20 credited to the Multimodal Account as provided in 

21 this section or section 9602(b). 

22 ‘‘(2) TRANSFERS TO THE MULTIMODAL AC23 COUNT.—The Secretary of the Treasury shall trans24 fer to the Multimodal Account amounts appropriated 

25 to the Multimodal Account by subsection (h)(1)(D). 


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1 ‘‘(3) LIMITATION ON TRANSFERS TO THE AC2 COUNT.— 

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

4 subparagraph (B), no amount may be trans5 ferred to the Multimodal Account on and after 

6 the date of any expenditure from the 

7 Multimodal Account which is not permitted by 

8 this subsection. The determination of whether 

9 an expenditure is so permitted shall be made 

10 without regard to— 

11 ‘‘(i) any provision of law which is not 

12 contained or referenced in this title or in 

13 a revenue Act, and 

14 ‘‘(ii) whether such provision of law is 

15 a subsequently enacted provision or di16 rectly or indirectly seeks to waive the ap17 plication of this paragraph. 

18 ‘‘(B) EXCEPTION FOR PRIOR OBLIGA19 TIONS.—Subparagraph (A) shall not apply to 

20 any expenditure to liquidate any contract en21 tered into (or for any amount otherwise obli22 gated) before October 1, 2021, in accordance 

23 with the provisions of this section. 

24 ‘‘(4) EXPENDITURES FROM ACCOUNT.— 

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1 portation Trust Fund shall be available, as provided 

2 by appropriation acts, for making expenditures be3 fore October 1, 2021, to meet those obligations of 

4 the United States heretofore or hereafter incurred 

5 which are authorized to be paid out of the 

6 Multimodal Account under the GROW AMERICA 

7 Act.’’. 

8 (b) CONFORMING AMENDMENTS.— 

9 (1) The item relating to section 9503 in the 

10 analysis of chapter 98 of the Internal Revenue Code 

11 of 1986 is amended by striking ‘‘Highway’’ and in12 serting ‘‘Transportation’’. 

13 (2) Section 201(b) of the Land and Water Con14 servation Fund Act of 1965 (16 U.S.C. 460l–11(b) 

15 is amended— 

16 (A) by striking ‘‘2016’’ and inserting 

17 ‘‘2023’’, and 

18 (B) by striking ‘‘2017’’ each place it ap19 pears and inserting ‘‘2024’’. 

20 (3) Section 521(b)(10) of title 49, United 

21 States Code, is amended by striking ‘‘Highway 

22 Trust Fund (other than the Mass Transit Account)’’ 

23 and inserting ‘‘Highway Account of the Transpor24 tation Trust Fund’’. 


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1 SEC. 7005. EFFECTIVE DATE. 

2 The amendments made by this title shall take effect 

3 on the date of the enactment of this Act. 

4 TITLE VIII—RESEARCH 

5 Subtitle A—Funding 

6 SEC. 8001. AUTHORIZATION OF APPROPRIATIONS. 

7 (a) IN GENERAL.—The following amounts are au8 thorized to be appropriated out of the Highway Account 

9 of the Transportation Trust Fund: 

10 (1) HIGHWAY RESEARCH AND DEVELOPMENT

11 PROGRAM.—To carry out section 503(b) of title 23, 

12 United States Code— 

13 (A) $130,000,000 for fiscal year 2016; 

14 (B) $132,594,234 for fiscal year 2017; 

15 (C) $135,188,470 for fiscal year 2018; 

16 (D) $138,070,953 for fiscal year 2019; 

17 (E) $140,832,372 for fiscal year 2020; and 

18 (F) $143,649,100 for fiscal year 2021. 

19 (2) TECHNOLOGY AND INNOVATION DEPLOY20 MENT PROGRAM.—To carry out section 503(c) of 

21 title 23, United States Code— 

22 (A) $70,000,000 for fiscal year 2016; 

23 (B) $71,396,896 for fiscal year 2017; 

24 (C) $72,793,792 for fiscal year 2018; 

25 (D) $74,345,898 for fiscal year 2019; 

26 (E) $75,832,816 for fiscal year 2020; and 


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1 (F) $77,349,552 for fiscal year 2021. 

2 (3) TRAINING AND EDUCATION.—To carry out 

3 section 504 of title 23, United States Code— 

4 (A) $27,000,000 for fiscal year 2016; 

5 (B) $27,538,803 for fiscal year 2017; 

6 (C) $28,077,605 for fiscal year 2018; 

7 (D) $28,676,275 for fiscal year 2019; 

8 (E) $29,249,801 for fiscal year 2020; and 

9 (F) $29,834,876 for fiscal year 2021. 

10 (4) INTELLIGENT TRANSPORTATION SYSTEMS

11 PROGRAM.—To carry out sections 512 through 519 

12 of title 23, United States Code— 

13 (A) $158,000,000 for fiscal year 2016; 

14 (B) $179,254,989 for fiscal year 2017; 

15 (C) $173,509,978 for fiscal year 2018; 

16 (D) $137,015,521 for fiscal year 2019; 

17 (E) $142,415,831 for fiscal year 2020; and 

18 (F) $144,864,148 for fiscal year 2021. 

19 (5) UNIVERSITY TRANSPORTATION CENTERS

20 PROGRAM.—To carry out section 5505 of title 49, 

21 United States Code— 

22 (A) $82,000,000 for fiscal year 2016; 

23 (B) $83,636,364 for fiscal year 2017; 

24 (C) $85,272,727 for fiscal year 2018; 

25 (D) $87,090,909 for fiscal year 2019; 


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1 (E) $88,832,727 for fiscal year 2020; and 

2 (F) $90,609,462 for fiscal year 2021. 

3 (6) BUREAU OF TRANSPORTATION STATIS4 TICS.—To carry out chapter 63 of title 49, United 

5 States Code— 

6 (A) $29,000,000 for fiscal year 2016; 

7 (B) $29,578,714 for fiscal year 2017; 

8 (C) $30,157,428 for fiscal year 2018; 

9 (D) $30,800,444 for fiscal year 2019; 

10 (E) $31,416,453 for fiscal year 2020; and 

11 (F) $32,044,862 for fiscal year 2021. 

12 (b) APPLICABILITY OF TITLE 23, UNITED STATES

13 CODE.—Funds authorized to be appropriated by sub14 section (a) shall— 

15 (1) be available for obligation in the same man16 ner as if those funds were apportioned under chap17 ter 1 of title 23, United States Code, except that the 

18 Federal share of the cost of a project or activity car19 ried out using those funds shall be 80 percent, un20 less otherwise expressly provided by this Act (includ21 ing the amendments by this Act) or otherwise deter22 mined by the Secretary; and 

23 (2) remain available until expended and not be 

24 transferable. 


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1 Subtitle B—Research, Technology, 

2 and Education 

3 SEC. 8101. NATIONAL COOPERATIVE FREIGHT TRANSPOR4 TATION RESEARCH PROGRAM. 

5 (a) IN GENERAL.—Chapter 5 of title 23, United 

6 States Code, is amended by inserting the following at the 

7 end: 

8 ‘‘§ 550. National Cooperative Freight Transportation 

9 Research Program 

10 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab11 lish and support a National Cooperative Freight Trans12 portation Research Program. 

13 ‘‘(b) AGREEMENT.—The Secretary shall enter into an 

14 agreement with the Transportation Research Board of the 

15 National Research Council of the National Academies to 

16 support and carry out administrative and management ac17 tivities relating to the governance of the National Coopera18 tive Freight Transportation Research Program. 

19 ‘‘(c) ADVISORY COMMITTEE.—The National Acad20 emies shall select an advisory committee consisting of a 

21 representative cross section of freight stakeholders, includ22 ing the Department of Transportation, other Federal 

23 agencies, State transportation departments, local govern24 ments, nonprofit entities, academia, private sector carriers 

25 and shippers, and other interested parties. 


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1 ‘‘(d) GOVERNANCE.—The National Cooperative 

2 Freight Transportation Research Program established 

3 under this section shall include the following administra4 tive and management elements: 

5 ‘‘(1) NATIONAL RESEARCH AGENDA.—The advi6 sory committee, in consultation with interested par7 ties, shall recommend a national research agenda for 

8 the program. The agenda shall— 

9 ‘‘(A) include an emphasis on the safe and 

10 efficient transportation and handling of haz11 ardous materials by all modes of transportation; 

12 ‘‘(B) include a multiyear strategic plan; 

13 ‘‘(C) be fully coordinated with the activi14 ties, plans, and reports required by sections 

15 5304 and 5305 of title 49; and 

16 ‘‘(D) be fully coordinated with the activi17 ties, plans, and reports required by section 508 

18 of title 23, United States Code. 

19 ‘‘(2) INVOLVEMENT.—Interested parties may— 

20 ‘‘(A) submit research proposals to the advi21 sory committee; 

22 ‘‘(B) participate in merit reviews of re23 search proposals and peer reviews of research 

24 products; and 

25 ‘‘(C) receive research results. 


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1 ‘‘(3) OPEN COMPETITION AND PEER REVIEW OF

2 RESEARCH PROPOSALS.—The National Academies 

3 may award research contracts and grants under the 

4 program through open competition and merit review 

5 conducted on a regular basis. 

6 ‘‘(4) RESEARCH COORDINATION.—The National 

7 Academies shall ensure that research contracts and 

8 grants awarded under this section are not duplica9 tive with research conducted under other cooperative 

10 transportation research programs governed by the 

11 National Academies; nor with research conducted by 

12 the Department of Transportation or any other Fed13 eral, State, or local agency. 

14 ‘‘(5) EVALUATION OF RESEARCH.— 

15 ‘‘(A) PEER REVIEW.—Research contracts 

16 and grants under the program may allow peer 

17 review of the research results. 

18 ‘‘(B) PROGRAMMATIC EVALUATIONS.—The 

19 National Academies may conduct periodic pro20 grammatic evaluations on a regular basis of re21 search contracts and grants. 

22 ‘‘(6) DISSEMINATION OF RESEARCH FIND23 INGS.—The National Academies shall disseminate 

24 research findings to researchers, practitioners, and 

25 decisionmakers, through conferences and seminars, 


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1 field demonstrations, workshops, training programs, 

2 presentations, testimony to government officials, the 

3 World Wide Web, publications for the general public, 

4 collaboration with the National Transportation Li5 brary, and other appropriate means. 

6 ‘‘(e) CONTENTS.—The national research agenda re7 quired under subsection (d)(1) shall at a minimum include 

8 research in the following areas: 

9 ‘‘(1) Techniques for estimating and quantifying 

10 public benefits derived from freight transportation 

11 projects. 

12 ‘‘(2) Alternative approaches to calculating the 

13 contribution of truck and rail traffic to congestion 

14 on specific highway segments. 

15 ‘‘(3) The feasibility of consolidating origins and 

16 destinations for freight movement. 

17 ‘‘(4) Methods for incorporating estimates of do18 mestic and international trade into landside trans19 portation planning. 

20 ‘‘(5) Means of synchronizing infrastructure im21 provements with freight transportation demand. 

22 ‘‘(6) The effect of changing patterns of freight 

23 movement on transportation planning decisions. 


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1 ‘‘(7) Other research areas to identify and ad2 dress emerging and future research needs related to 

3 freight transportation by all modes. 

4 ‘‘(f) FUNDING.— 

5 ‘‘(1) FEDERAL SHARE.—The Federal share of 

6 the cost of an activity carried out under this section 

7 shall be up to 100 percent. 

8 ‘‘(2) USE OF NON-FEDERAL FUNDS.—In addi9 tion to using funds authorized for this section, the 

10 National Academies may seek and accept additional 

11 funding sources from public and private entities ca12 pable of accepting funding from the Department of 

13 Transportation, States, local governments, nonprofit 

14 foundations, and the private sector.’’. 

15 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated to the Secretary of 

17 Transportation such sums as may be necessary to carry 

18 out section 550 of such title. 

19 (c) CONFORMING AMENDMENT.—The analysis for 

20 chapter 501 is amended by adding the following at the 

21 end: 

‘‘550. National Cooperative Freight Transportation Research Program.’’. 

22 SEC. 8102. COMPETITIVE UNIVERSITY TRANSPORTATION 

23 CENTERS CONSORTIA PROGRAM. 

24 (a) IN GENERAL.—Section 5505 of title 49, United 

25 States Code, is amended as follows: 


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1 (1) Subsection (a)(2)(A) is amended to read: 

2 ‘‘(A) to advance multimodal and cross3 modal transportation expertise and technology 

4 in the varied disciplines that comprise the field 

5 of transportation through education, research, 

6 and technology transfer activities;’’. 

7 (2) Subsection (a)(2)(C) of title 49 is amended 

8 to read: 

9 ‘‘(C) to address critical workforce needs 

10 and educate the next generation of transpor11 tation leaders in a multidisciplinary fashion.’’. 

12 (3) Subsection (b) is amended to read as fol13 lows: 

14 ‘‘(b) COMPETITIVE SELECTION PROCESS.— 

15 ‘‘(1) APPLICATIONS.—To receive a grant under 

16 this section, a consortium of nonprofit institutions of 

17 higher education shall submit to the Secretary an 

18 application that is in such form and contains such 

19 information as the Secretary may require. 

20 ‘‘(2) RESTRICTION.—The lead institution of a 

21 consortium of nonprofit institutions of higher edu22 cation that receives a direct grant award under this 

23 section for a national transportation center or a re24 gional transportation center in a fiscal year shall not 

25 be eligible to receive funding, direct or indirectly, 


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1 from an additional grant in that fiscal year as the 

2 lead institution or member of a consortium, for a 

3 national transportation center or a regional trans4 portation center. 

5 ‘‘(3) COORDINATION.—The Secretary shall so6 licit grant applications for national transportation 

7 centers, regional transportation centers, and Tier 1 

8 university transportation centers with identical ad9 vertisement schedules and deadlines. 

10 ‘‘(4) GENERAL SELECTION CRITERIA.— 

11 ‘‘(A) IN GENERAL.—Except as otherwise 

12 provided by this section, the Secretary shall 

13 award grants under this section in nonexclusive 

14 candidate topic areas established by the Sec15 retary that address the research priorities iden16 tified in the plans developed under section 508 

17 of title 23. 

18 ‘‘(B) CRITERIA.—The Secretary, in con19 sultation with the Assistant Secretary for Re20 search and Technology and the Administrators 

21 of the Federal Highway Administration and 

22 Federal Railroad Administration, shall select 

23 each recipient of a grant under this section 

24 through a competitive process based on the as25 sessment of the Secretary relating to— 


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1 ‘‘(i) the demonstrated ability of the 

2 recipient to address each specific topic area 

3 described in the research and strategic 

4 plans of the recipient; 

5 ‘‘(ii) the demonstrated research, tech6 nology transfer, and education resources 

7 available to the recipient to carry out this 

8 section; 

9 ‘‘(iii) the ability of the recipient to 

10 provide leadership in solving immediate 

11 and long-range national and regional 

12 transportation problems; 

13 ‘‘(iv) the ability of the recipient to 

14 carry out research, education, and tech15 nology transfer activities that are 

16 multimodal and multidisciplinary in scope; 

17 ‘‘(v) the demonstrated commitment of 

18 the recipient to carry out transportation 

19 workforce development programs 

20 through— 

21 ‘‘(I) degree-granting programs or 

22 programs that provide other industry23 recognized credentials; and 

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1 tation field, including minorities, 

2 women, individuals with disabilities, 

3 veterans, low-income populations, and 

4 others who may not have considered 

5 pursuing careers in transportation 

6 previously; 

7 ‘‘(vi) the demonstrated ability of the 

8 recipient to disseminate results and spur 

9 the implementation of transportation re10 search and education programs through 

11 national or statewide continuing education 

12 programs; 

13 ‘‘(vii) the demonstrated commitment 

14 of the recipient to the use of peer review 

15 principles and other research best practices 

16 in the selection, management, and dissemi17 nation of research projects; 

18 ‘‘(viii) the strategic plan submitted by 

19 the recipient describing the proposed re20 search to be carried out by the recipient 

21 and the performance metrics to be used in 

22 assessing the performance of the recipient 

23 in meeting the stated research, technology 

24 transfer, education, and outreach goals; 

25 and 


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1 ‘‘(ix) the ability of the recipient to im2 plement the proposed program in a cost-ef3 ficient manner, such as through cost shar4 ing and overall reduced overhead, facilities, 

5 and administrative costs. 

6 ‘‘(5) TRANSPARENCY.— 

7 ‘‘(A) IN GENERAL.—The Secretary shall 

8 provide to each applicant, upon request, any 

9 materials, including copies of reviews (with any 

10 information that would identify a reviewer re11 dacted), used in the evaluation process of the 

12 proposal of the applicant. 

13 ‘‘(B) REPORTS.—The Secretary shall make 

14 available to the public on a Department of 

15 Transportation web site a report describing the 

16 overall review process under paragraph (3) that 

17 includes— 

18 ‘‘(i) specific criteria of evaluation used 

19 in the review; 

20 ‘‘(ii) descriptions of the review proc21 ess; and 

22 ‘‘(iii) explanations of the selected 

23 awards. 

24 ‘‘(6) OUTSIDE STAKEHOLDERS.—The Secretary 

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1 ternal stakeholders such as the Transportation Re2 search Board of the National Research Council of 

3 the National Academies to evaluate and competi4 tively review all proposals.’’; and 

5 (4) Subsection (c) is amended to read as fol6 lows: 

7 ‘‘(c) GRANTS.— 

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

9 the date of enactment of the GROW AMERICA Act, 

10 the Secretary, in consultation with the Assistant 

11 Secretary for Research and Technology and the Ad12 ministrators of the Federal Highway Administration 

13 and Federal Railroad Administration, shall select 

14 grant recipients under subsection (b) and make 

15 grant amounts available to the selected recipients. 

16 ‘‘(2) FOCUSED RESEARCH.—In awarding grants 

17 under this paragraph, consideration shall be given to 

18 minority institutions, as defined by section 365 of 

19 the Higher Education Act of 1965 (20 U.S.C. 

20 1067k), or consortia that include such institutions 

21 that have demonstrated an ability in transportation22 related research and education. 

23 ‘‘(3) NATIONAL TRANSPORTATION CENTERS.— 

24 ‘‘(A) IN GENERAL.—Subject to subpara25 graph (B), the Secretary shall provide grants to 


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1 5 consortia that the Secretary determines best 

2 meet the criteria described in subsection (b)(4). 

3 ‘‘(B) RESTRICTION.—For each fiscal year, 

4 a grant made available under this paragraph 

5 shall be $3,200,000 per recipient. 

6 ‘‘(C) MATCHING REQUIREMENT.— 

7 ‘‘(i) IN GENERAL.—As a condition of 

8 receiving a grant under this paragraph, a 

9 grant recipient shall match 100 percent of 

10 the amounts made available under the 

11 grant. 

12 ‘‘(ii) SOURCES.—The matching 

13 amounts referred to in clause (i) may in14 clude— 

15 ‘‘(I) amounts made available to 

16 the recipient under title I of this Act; 

17 ‘‘(II) amounts made available to 

18 the recipient by the several adminis19 trations of the Department of Trans20 portation; and 

21 ‘‘(III) amounts made available to 

22 the recipient by other Federal depart23 ments, agencies, independent agencies, 

24 boards, and other Federal elements 

25 with interests in transportation. 


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1 ‘‘(4) REGIONAL UNIVERSITY TRANSPORTATION

2 CENTERS.— 

3 ‘‘(A) LOCATION OF REGIONAL CENTERS.— 

4 One regional university transportation center 

5 shall be located in each of the 10 Federal re6 gions that comprise the Standard Federal Re7 gions established by the Office of Management 

8 and Budget in the document entitled ‘Standard 

9 Federal Regions’ and dated April 1974 (cir10 cular A–105). 

11 ‘‘(B) SELECTION CRITERIA.—In con12 ducting a competition under subsection (b), the 

13 Secretary shall provide grants to 10 consortia 

14 on the basis of— 

15 ‘‘(i) the criteria described in sub16 section (b)(3); 

17 ‘‘(ii) the location of the center within 

18 the Federal region to be served; and 

19 ‘‘(iii) whether the consortium of insti20 tutions demonstrates that the consortium 

21 has well-established, nationally recognized 

22 multimodal and multidisciplinary programs 

23 in transportation research and education, 

24 as evidenced by— 


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1 ‘‘(I) recent expenditures by the 

2 institution in surface transportation 

3 research; 

4 ‘‘(II) a historical track record of 

5 awarding graduate degrees in profes6 sional fields closely related to surface 

7 transportation; and 

8 ‘‘(III) an experienced faculty who 

9 specialize in professional fields closely 

10 related to surface transportation. 

11 ‘‘(C) RESTRICTIONS.—For each fiscal 

12 year, a grant made available under this para13 graph shall be $3,000,000 for each recipient. 

14 ‘‘(D) MATCHING REQUIREMENT.— 

15 ‘‘(i) IN GENERAL.—As a condition of 

16 receiving a grant under this paragraph, a 

17 grant recipient shall match 100 percent of 

18 the amounts made available under the 

19 grant. 

20 ‘‘(ii) SOURCES.—The matching 

21 amounts referred to in clause (i) may in22 clude— 

23 ‘‘(I) amounts made available to 

24 the recipient under title I of this Act; 


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1 ‘‘(II) amounts made available to 

2 the recipient by the several adminis3 trations of the Department of Trans4 portation; and 

5 ‘‘(III) amounts made available to 

6 the recipient by other Federal depart7 ments, agencies, independent agencies, 

8 boards, and other elements with inter9 ests in transportation. 

10 ‘‘(5) TIER 1 UNIVERSITY TRANSPORTATION

11 CENTERS.— 

12 ‘‘(A) IN GENERAL.—The Secretary shall 

13 provide grants of $1,800,000 each to not more 

14 than 20 recipients to carry out this paragraph. 

15 ‘‘(B) RESTRICTION.—The lead institution 

16 of a consortium of nonprofit institutions of 

17 higher education that receives a direct grant 

18 award under paragraph (3) or (4) shall not be 

19 eligible to receive a direct grant award under 

20 this paragraph. 

21 ‘‘(C) MATCHING REQUIREMENT.— 

22 ‘‘(i) IN GENERAL.—Subject to clause 

23 (iii), as a condition of receiving a grant 

24 under this paragraph, a grant recipient 


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1 shall match 50 percent of the amounts 

2 made available under the grant. 

3 ‘‘(ii) SOURCES.—The matching 

4 amounts referred to in clause (i) may in5 clude— 

6 ‘‘(I) amounts made available to 

7 the recipient under title I of this Act; 

8 ‘‘(II) amounts made available to 

9 the recipient by the several adminis10 trations of the Department of Trans11 portation; and 

12 ‘‘(III) amounts made available to 

13 the recipient by other Federal depart14 ments, agencies, independent agencies, 

15 boards and other elements with inter16 ests in transportation.’’. 

17 (b) PROGRAM EVALUATION AND OVERSIGHT.—Sec18 tion 5505 of title 49, United States Code, is further 

19 amended by amending paragraph (3) of subsection (d) to 

20 read: 

21 ‘‘(3) PROGRAM EVALUATION AND OVER22 SIGHT.—The Secretary shall expend not more than 

21 23 ⁄2 percent of the amounts made available to the 

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1 tion, evaluation, and oversight activities of the Sec2 retary under this section.’’. 

3 (c) RESEARCH EFFICIENCY.—Section 5505 of title 

4 49, United States Code, is further amended by inserting 

5 after subsection (f) the following: 

6 ‘‘(g) RESEARCH EFFICIENCY.— 

7 ‘‘(1) ADDITIONAL SPONSORED GRANTS.—To en8 able access more broadly to the specialized skills and 

9 multidisciplinary research capabilities of the trans10 portation university research community by the sev11 eral administrations of the Department of Transpor12 tation, and by other Federal departments, agencies, 

13 independent agencies, boards, and other elements 

14 with interests in transportation, these organizations 

15 may sponsor competitive grants to consortia on spe16 cific research topics. 

17 ‘‘(2) GRANTS.— 

18 ‘‘(A) The grants shall conform to the selec19 tion criteria and requirements of either Na20 tional Transportation Centers or Tier 1 Univer21 sity Transportation Centers; and be of an 

22 equivalent grant value of the type of Center se23 lected. 


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1 ‘‘(B) The grants shall conform to all other 

2 requirements and restrictions under this sec3 tion. 

4 ‘‘(C) The grants shall be competed, se5 lected, and awarded on the same schedule as all 

6 grants competed under this section. 

7 ‘‘(3) MATCHING REQUIREMENT.—Such grants 

8 shall require identical matching requirements of the 

9 type of Center selected; except that sources of 

10 matching funds may not be the same funding source 

11 as the Federal entity funding the specialized 

12 grant.’’. 

13 SEC. 8103. PRIORITY MULTIMODAL RESEARCH PROGRAM. 

14 (a) IN GENERAL.—Section 5506 of title 49, United 

15 States Code, is amended to read as follows: 

16 ‘‘§ 5506. Priority Multimodal Research Program 

17 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab18 lish and support a Priority Multimodal Research Program. 

19 ‘‘(b) FOCUSED RESEARCH.—The Secretary shall 

20 enter into research agreements to carry out priority 

21 multimodal research in the following topics: 

22 ‘‘(1) Conduct research and standards/guideline 

23 development for surface transportation infrastruc24 ture owners and services providers on systems resil25 ience and recovery. 


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1 ‘‘(2) Enable advanced research towards a Zero 

2 Emissions Transportation System, to— 

3 ‘‘(A) accelerate the goal of 80 percent 

4 greenhouse gas emission reduction by 2050, to 

5 a goal of 100 percent greenhouse gas emission 

6 reduction by the same date; and 

7 ‘‘(B) conduct advanced or long-term re8 search on emissions in the transportation sec9 tor, both in vehicle emissions and in infrastruc10 ture construction and maintenance. 

11 ‘‘(3) Conduct a coordinated, multimodal STEM 

12 Education and Workforce Development program to 

13 support the transportation sector’s needs over the 

14 next decade for a new workforce trained in the latest 

15 technologies. 

16 ‘‘(c) FUNDING.— 

17 ‘‘(1) FEDERAL SHARE.—The Federal share of 

18 the cost of an activity carried out under this section 

19 shall be up to 100 percent. 

20 ‘‘(2) USE OF NON-FEDERAL FUNDS.—In addi21 tion to using funds authorized for this section, the 

22 Secretary may seek and accept additional funding 

23 sources from public and private entities capable of 

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1 portation, States, local governments, nonprofit foun2 dations, and the private sector. 

3 ‘‘(3) PERIOD OF AVAILABILITY.—Amounts 

4 made available to carry out this section shall remain 

5 available until expended.’’. 

6 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated to the Secretary of 

8 Transportation such sums as may be necessary to carry 

9 out section 5506 of title 49, United States Code. 

10 (c) CONFORMING AMENDMENT.—The analysis for 

11 chapter 55 of title 49 is amended by inserting the fol12 lowing at the end: 

‘‘5506. Priority Multimodal Research Program.’’. 

13 SEC. 8104. BUREAU OF TRANSPORTATION STATISTICS. 

14 (a) SECTION 6302 AMENDMENTS.—Section 6302 of 

15 title 49, United States Code, is amended as follows: 

16 (1) Subsection 6302(b)(3)(B)(vi)(III) of title 

17 49, United States Code, is amended by striking 

18 ‘‘section 6310’’ and inserting ‘‘section 6309’’. 

19 (2) Clauses (vii), (viii), (ix), and (x) of sub20 section 6302(b)(3)(B) of title 49, United States 

21 Code, are redesignated as clauses (viii), (ix), (x), and 

22 (xi), respectively. 

23 (3) The following is inserted after subsection 

24 6302(b)(3)(B)(vi): 


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1 ‘‘(vii) develop and improve transpor2 tation economic accounts, to meet demand 

3 for methods for estimating the economic 

4 value of transportation infrastructure, in5 vestment, and services;’’. 

6 (b) TRANSPORTATION STATISTICS ANNUAL RE7 PORT.—Section 6312 of title 49, United States Code, is 

8 amended by adding after subsection (c) the following: 

9 ‘‘(d) INTERMODAL TRANSPORTATION DATA COLLEC10 TION.—To provide content for the database described in 

11 this section, the Director shall create and maintain data 

12 sets and data analysis tools. Activities may include— 

13 ‘‘(1) conducting national surveys of goods 

14 movement, intercity passenger flows, household and 

15 business logistics, the domestic transportation of 

16 international trade, and vehicle inventory and use; 

17 ‘‘(2) collecting household travel behavior data 

18 and business logistics data crossing local jurisdic19 tional boundaries to accommodate external and 

20 through travel; 

21 ‘‘(3) collecting and analyzing administrative 

22 records to identify travel patterns, goods movement, 

23 and the economic value of transportation infrastruc24 ture serving travel and freight; 


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1 ‘‘(4) developing methods for establishing the 

2 economic value of transportation capital stocks and 

3 services; 

4 ‘‘(5) enhancing and deploying analysis tools to 

5 integrate data collected under this section into the 

6 National Commodity Origin Destination Accounts, 

7 National Passenger Travel Origin Destination Ac8 counts, and Transportation Economic Accounts of 

9 the Intermodal Transportation Database; and 

10 ‘‘(6) developing tools to enhance public access 

11 to the Intermodal Transportation Database in con12 junction with development, application, and report13 ing of performance measures.’’. 

14 (c) NATIONAL TRANSPORTATION ATLAS DATA15 BASE.—Section 6311(5) of title 49, United States Code, 

16 is amended by replacing ‘‘section 6310’’ with ‘‘section 

17 6309’’. 

18 (d) INTERMODAL TRANSPORTATION DATA PRO19 GRAM.—Section 6303(c)(1) is amended to read as follows: 

20 ‘‘(1) information on the items referred to in 

21 subsection 6302(b)(3)(B)(vi).’’. 

22 (e) MANDATORY RESPONSE AUTHORITY FOR

23 FREIGHT DATA COLLECTION.—Section 6313(a) of title 

24 49, United States Code, is amended by— 

25 (1) striking paragraph (2); 


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1 (2) striking the designation and heading of 

2 paragraph (1); 

3 (3) redesignating subparagraphs (A) and (B) as 

4 paragraphs (1) and (2), respectively; and 

5 (4) striking ‘‘described in paragraph (2)’’ and 

6 inserting ‘‘of any nature whatsoever’’. 

7 (f) NATIONAL TRANSPORTATION LIBRARY.—Section 

8 6304 of title 49, United States Code, is amended to read 

9 as follows: 

10 ‘‘§ 6304. National Transportation Library 

11 ‘‘(a) PURPOSE AND ESTABLISHMENT.—To support 

12 the information management and decisionmaking needs of 

13 transportation officials at the Federal, State, and local lev14 els, there shall be in the Bureau a National Transpor15 tation Library, which shall— 

16 ‘‘(1) be headed by an individual who is highly 

17 qualified in library and information science; 

18 ‘‘(2) acquire, preserve, and manage transpor19 tation information and information products and 

20 services for use by the Department, other Federal 

21 agencies, and the general public; 

22 ‘‘(3) provide reference and research assistance; 

23 ‘‘(4) serve as a central depository for research 

24 results and technical publications of the Depart25 ment; 


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1 ‘‘(5) provide a central clearinghouse for trans2 portation data and information of the Federal Gov3 ernment; 

4 ‘‘(6) plan for, coordinate, and evaluate informa5 tion sciences and library needs related to transpor6 tation research, education, and training; 

7 ‘‘(7) serve as coordinator and policy lead for 

8 transportation information access; 

9 ‘‘(8) provide transportation information and in10 formation products and services to— 

11 ‘‘(A) the Department; 

12 ‘‘(B) other Federal agencies; 

13 ‘‘(C) public and private organizations; and 

14 ‘‘(D) individuals, within the United States 

15 and internationally; 

16 ‘‘(9) coordinate efforts among, and cooperate 

17 with, transportation libraries, information providers, 

18 and technical assistance centers, in conjunction with 

19 private industry and other transportation library and 

20 information centers, with the goal of developing a 

21 comprehensive transportation information and 

22 knowledge network that supports the activities de23 scribed in section 6302(b)(3)(B)(vi); and 


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1 ‘‘(10) engage in other activities the Director de2 termines to be necessary and as the resources of the 

3 Library permit. 

4 ‘‘(b) ACCESS.— 

5 ‘‘(1) IN GENERAL.—The Director shall pub6 licize, facilitate, and promote access to the informa7 tion products and services described in subsection 

8 (a), to improve the ability of the transportation com9 munity to share information and the ability of the 

10 Director to make statistics and other information 

11 readily accessible as required under section 

12 6302(b)(3)(B)(x) of this title. 

13 ‘‘(2) AVAILABILITY OF PUBLICATIONS, MATE14 RIALS, FACILITIES, OR SERVICES; PRESCRIPTION OF

15 RULES.—The Director shall— 

16 ‘‘(A) make available publications or mate17 rials according to library and information 

18 science best practices; 

19 ‘‘(B) make available its facilities for re20 search; and 

21 ‘‘(C) make available its bibliographic, basic 

22 reference, or other services to public and private 

23 entities and individuals. 

24 ‘‘(3) RULES.—Rules described in section 

25 6304(b)(1) of this title may provide for making 


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1 available such publications, materials, facilities, or 

2 services— 

3 ‘‘(A) without charge as a public service; 

4 ‘‘(B) upon a loan, exchange, or charge 

5 basis; or 

6 ‘‘(C) in appropriate circumstances, under 

7 contract arrangements made with public or 

8 other nonprofit entity. 

9 ‘‘(c) AGREEMENTS.— 

10 ‘‘(1) IN GENERAL.—To carry out this section, 

11 the Director may enter into agreements with, award 

12 grants to, and receive amounts from, any— 

13 ‘‘(A) State or local government; 

14 ‘‘(B) organization; 

15 ‘‘(C) business; or 

16 ‘‘(D) individual. 

17 ‘‘(2) CONTRACTS, GRANTS, AND AGREE18 MENTS.—The Library may initiate and support spe19 cific information and data management, access, and 

20 exchange activities in connection with matters relat21 ing to the Department’s strategic goals, knowledge 

22 networking, and national and international coopera23 tion, by entering into contracts or other agreements 

24 or awarding grants for the conduct of such activi25 ties. 


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1 ‘‘(3) AMOUNTS.—Any amounts received by the 

2 Library as payment for library products and services 

3 or other activities shall be made available to the Di4 rector to carry out this section, deposited in the Of5 fice of the Assistant Secretary for Research and 

6 Technology’s general fund account, and remain 

7 available until expended.’’. 

8 (g) PORT PERFORMANCE STATISTICS PROGRAM.— 

9 Chapter 63 of title 49, United States Code, is amended 

10 by adding after section 6313 the following: 

11 ‘‘§ 6314. Port Performance Statistics Program 

12 ‘‘(a) IN GENERAL.—The Director may establish a 

13 Port Performance Statistics Program to provide nationally 

14 consistent measures of performance of the Nation’s mari15 time ports. 

16 ‘‘(b) ANNUAL REPORTS.—The Director is authorized 

17 to require annual reports from all ports that receive Fed18 eral assistance or are subject to Federal regulation, in19 cluding statistics on capacity, throughput, and other 

20 measures of performance required for implementation of 

21 the National Freight Policy required by section 167 of 

22 title 23. 

23 ‘‘(c) RECOMMENDATIONS.—The Director shall obtain 

24 recommendations for specifications for port performance 

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1 neers, the Maritime Administration, the Saint Lawrence 

2 Seaway Development Corporation, the United States 

3 Coast Guard, the Marine Transportation System National 

4 Advisory Council, and the Department of Commerce Advi5 sory Council on Supply Chain Competitiveness to identify 

6 standard data elements for measuring port performance.’’. 

7 (h) CONFORMING AMENDMENT.—The analysis for 

8 chapter 63 of title 49, United States Code, is amended 

9 by inserting the following at the end: 

‘‘Sec. 6314. Port Performance Statistics Program.’’. 

10 SEC. 8105. ITS GOALS AND PURPOSES. 

11 (a) TECHNICAL CORRECTION.—Section 514(a)(5) of 

12 title 23, United States Code, is amended to read as fol13 lows: 

14 ‘‘(5) improvement of the ability of the United 

15 States to respond to security related or other man16 made emergencies and natural disasters;’’. 

17 (b) FREIGHT GOALS.—Section 514(a) of title 23, 

18 United States Code, is amended by inserting the following 

19 after paragraph (5): 

20 ‘‘(6) enhancement of the Nation’s freight sys21 tem and support to freight policy goals by con22 ducting heavy duty vehicle demonstration activities, 

23 and accelerating adoption of ITS applications in 

24 freight operations; and’’. 


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1 (c) AUTOMATED VEHICLE GOALS.—Section 514(a) 

2 of title 23, United States Code, is further amended by in3 serting the following at the end: 

4 ‘‘(7) enabling and accelerating the development 

5 and deployment of automated vehicles in all modes 

6 of surface transportation.’’. 

7 SEC. 8106. ITS GENERAL AUTHORITIES AND REQUIRE8 MENTS. 

9 (a) AUTOMATED VEHICLES.—Section 515(a)(1) of 

10 title 23, United States Code, is amended to read as fol11 lows: 

12 ‘‘(1) to research, develop and operationally test 

13 intelligent transportation systems, including auto14 mated vehicle systems; and’’. 

15 (b) TECHNICAL CORRECTION.—Section 515(h)(4) of 

16 title 23, United States Code, is amended— 

17 (1) by striking ‘‘February 1 of each year after 

18 the date of enactment of the Transportation Re19 search and Innovative Technology Act of 2012’’ and 

20 inserting ‘‘May 1 each year’’; and 

21 (2) by striking ‘‘submit to Congress’’ and insert 

22 ‘‘make available to the public on a Department of 

23 Transportation web site’’. 


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1 SEC. 8107. ITS NATIONAL ARCHITECTURE AND STANDARDS. 

2 (a) IN GENERAL.—Section 517(a)(3) of title 23, 

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

4 ‘‘(3) USE OF STANDARDS DEVELOPMENT ORGA5 NIZATIONS.—In carrying out this section, the Sec6 retary shall support the development and mainte7 nance of standards and protocols using the services 

8 of such standards development organizations as the 

9 Secretary determines to be necessary and whose 

10 memberships represent, but are not limited to, the 

11 surface transportation and intelligent transportation 

12 systems industries.’’. 

13 (b) TECHNICAL CORRECTION.—Section 517(b) of 

14 title 23, United States Code, is amended to read as fol15 lows: 

16 ‘‘(b) STANDARDS FOR NATIONAL POLICY IMPLEMEN17 TATION.—If the Secretary finds that a standard is nec18 essary for implementation of a nationwide policy or other 

19 capability requiring nationwide uniformity, the Secretary, 

20 after consultation with stakeholders and in accordance 

21 with the requirements of section 553 of title 5, may estab22 lish and require the use of that standard.’’. 


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1 SEC. 8108. VEHICLE-TO-VEHICLE AND VEHICLE-TO-INFRA2 STRUCTURE COMMUNICATIONS SYSTEMS DE3 PLOYMENT. 

4 Section 518(a) of title 23, United States Code, is 

5 amended by striking all of the text that follows the head6 ing and precedes ‘‘that—’’ and inserting the following: 

7 ‘‘Not later than July 6, 2015, the Secretary shall 

8 make available to the public on a Department of Trans9 portation Web site a report’’. 

10 SEC. 8109. INFRASTRUCTURE DEVELOPMENT. 

11 (a) IN GENERAL.—Chapter 5 of title 23, United 

12 States Code, is amended by adding after section 518 the 

13 following: 

14 ‘‘§ 519. Infrastructure development 

15 ‘‘Funds made available to carry out this subtitle for 

16 operational tests— 

17 ‘‘(1) shall be used primarily for the development 

18 of intelligent transportation system infrastructure, 

19 equipment, and systems; and 

20 ‘‘(2) to the maximum extent practicable, shall 

21 not be used for the construction of physical surface 

22 transportation infrastructure unless the construction 

23 is incidental and critically necessary to the imple24 mentation of an intelligent transportation system 

25 project.’’. 


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1 (b) CONFORMING AMENDMENT.—The analysis for 

2 chapter 5 of title 23, United States Code, is amended by 

3 adding after section 518 the following: 

‘‘519. Infrastructure development.’’. 

4 SEC. 8110. DEPARTMENTAL RESEARCH PROGRAMS; CON5 FORMING AMENDMENTS. 

6 (a) TITLE 49 AMENDMENTS.—Title 49, United 

7 States Code, is amended as follows: 

8 (1) Section 102(e) is amended— 

9 (A) in paragraph (1), by striking ‘‘5’’ and 

10 inserting ‘‘6’’; and 

11 (B) in paragraph (1)(A), by inserting ‘‘an 

12 Assistant Secretary for Research and Tech13 nology,’’ before ‘‘and an Assistant Secretary’’. 

14 (2) Chapter 1 is amended by striking section 

15 112, and the analysis of chapter 1 is amended by 

16 striking the item relating to the ‘‘Research and In17 novative Technology Administration’’. 

18 (3) Section 330 is amended— 

19 (A) by striking ‘‘contracts’’ in the sec20 tion heading and inserting ‘‘activities’’; and 

21 (B) by inserting at the end the following: 

22 ‘‘(d) DUTIES.—The Secretary shall provide for the 

23 following: 


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1 ‘‘(1) Coordination, facilitation, and review of 

2 the Department’s research and development pro3 grams and activities. 

4 ‘‘(2) Advancement, and research and develop5 ment, of innovative technologies, including intelligent 

6 transportation systems. 

7 ‘‘(3) Comprehensive transportation statistics re8 search, analysis, and reporting. 

9 ‘‘(4) Education and training in transportation 

10 and transportation-related fields. 

11 ‘‘(5) Activities of the Volpe National Transpor12 tation Systems Center. 

13 ‘‘(e) ADDITIONAL AUTHORITIES.—The Secretary 

14 may— 

15 ‘‘(1) enter into grants and cooperative agree16 ments with Federal agencies, State and local govern17 ment agencies, other public entities, private organi18 zations, and other persons to conduct research into 

19 transportation service and infrastructure assurance; 

20 and to carry out other research activities of the De21 partment; 

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1 lems and stimulate the deployment of new tech2 nology with— 

3 ‘‘(A) non-Federal entities, including State 

4 and local governments, foreign governments, in5 stitutions of higher education, corporations, in6 stitutions, partnerships, sole proprietorships, 

7 and trade associations that are incorporated or 

8 established under the laws of any State; 

9 ‘‘(B) Federal laboratories; and 

10 ‘‘(C) other Federal agencies; and 

11 ‘‘(3) directly initiate contracts, grants, coopera12 tive research and development agreements (as de13 fined in section 12 of the Stevenson-Wydler Tech14 nology Innovation Act of 1980 (15 U.S.C. 3710a)), 

15 and other agreements to fund, and accept funds 

16 from, the Transportation Research Board of the Na17 tional Research Council of the National Academy of 

18 Sciences, State departments of transportation, cities, 

19 counties, institutions of higher education, associa20 tions, and the agents of those entities to carry out 

21 joint transportation research and technology efforts. 

22 ‘‘(f) FEDERAL SHARE.— 

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

24 the Federal share of the cost of an activity carried 


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1 out under subsection (e)(3) shall not exceed 50 per2 cent. 

3 ‘‘(2) EXCEPTION.—If the Secretary determines 

4 that the activity is of substantial public interest or 

5 benefit, the Secretary may approve a greater Federal 

6 share. 

7 ‘‘(3) NON-FEDERAL SHARE.—All costs directly 

8 incurred by the non-Federal partners, including per9 sonnel, travel, facility, and hardware development 

10 costs, shall be credited toward the non-Federal share 

11 of the cost of an activity described in paragraph (1). 

12 ‘‘(g) PROGRAM EVALUATION AND OVERSIGHT.—For 

13 fiscal years 2013 through 2021, the Secretary is author14 ized to expend not more than 1 and a half percent of the 

15 amounts authorized to be appropriated for necessary ex16 penses for administration and operations of the Office of 

17 the Assistant Secretary for Research and Technology for 

18 the coordination, evaluation, and oversight of the pro19 grams administered by the Office. 

20 ‘‘(h) USE OF TECHNOLOGY.—The research, develop21 ment, or use of a technology under a contract, grant, coop22 erative research and development agreement, or other 

23 agreement entered into under this subsection, including 

24 the terms under which the technology may be licensed and 

25 the resulting royalties may be distributed, shall be subject 


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1 to the Stevenson-Wydler Technology Innovation Act of 

2 1980 (15 U.S.C. 3701 et seq.). 

3 ‘‘(i) WAIVER OF ADVERTISING REQUIREMENTS.— 

4 Section 6101 of title 41 shall not apply to a contract, 

5 grant, or other agreement entered into under this sec6 tion.’’. 

7 (4) The item relating to section 330 in the 

8 analysis of chapter 3 is amended by striking ‘‘Con9 tracts’’ and inserting ‘‘Activities’’. 

10 (5) Section 6302(a) is amended to read as fol11 lows: 

12 ‘‘(a) IN GENERAL.—There shall be within the De13 partment the Bureau of Transportation Statistics.’’. 

14 (b) TITLE 5 AMENDMENTS.—Title 5, United States 

15 Code, is amended as follows: 

16 (1) Section 5313 is amended by deleting ‘‘The 

17 Under Secretary of Transportation for Security.’’. 

18 (2) Section 5314 is amended by deleting ‘‘Ad19 ministrator, Research and Innovative Technology 

20 Administration.’’. 

21 (3) Section 5315 is amended by striking ‘‘(4)’’ 

22 in the undesignated item relating to Assistant Secre23 taries of Transportation and inserting ‘‘(5)’’. 


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1 (4) Section 5316 is amended by deleting ‘‘Asso2 ciate Deputy Secretary, Department of Transpor3 tation.’’. 

4 (c) CONFORMING AMENDMENT.—The analysis for 

5 chapter 3 of title 49, United States Code, is amended by 

6 revising the entry relating to section 330 to read as fol7 lows: 

‘‘330. Research activities.’’. 

8 SEC. 8111. OFFICE OF INTERMODALISM. 

9 (a) IN GENERAL.—Section 5503 of title 49, United 

10 States Code, is repealed. 

11 (b) CONFORMING AMENDMENT.—The analysis for 

12 chapter 55 of title 49, United States Code, is amended 

13 by striking the item relating to section 5503. 

14 SEC. 8112. COOPERATION WITH FEDERAL AND STATE 

15 AGENCIES AND FOREIGN COUNTRIES. 

16 (a) AUTHORIZED ACTIVITIES.— 

17 (1) SECTION 308 AMENDMENT.—Section 308(a) 

18 of title 23, United States Code, is amended by in19 serting ‘‘cooperating international entities,’’ after 

20 ‘‘countries’’. 

21 (2) SECTION 502 AMENDMENT.—Section 

22 502(b)(3)(C) of title 23, United States Code, is 

23 amended by inserting ‘‘international entities,’’ after 

24 ‘‘country,’’. 


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1 (b) USE OF FUNDS.—Section 502(b)(5)(B) is 

2 amended to read as follows: 

3 ‘‘(B) USE OF FUNDS.—The Secretary shall 

4 use funds made available to carry out this chap5 ter to— 

6 ‘‘(i) develop, administer, communicate, 

7 and promote the use of products of re8 search, development, and technology trans9 fer programs under this chapter; 

10 ‘‘(ii) promote United States highway 

11 transportation expertise, goods, and serv12 ices in foreign countries; or 

13 ‘‘(iii) conduct studies to assess the 

14 need for or feasibility of highway transpor15 tation improvements in foreign countries.’’. 

16 SEC. 8113. NATIONAL ITS PROGRAM PLAN. 

17 Section 512(a)(2)(A) of title 23, United States Code, 

18 is amended by striking the matter that precedes clause 

19 (i) and inserting the following: 

20 ‘‘(A) specify the goals, objectives and mile21 stones for the research and deployment of intel22 ligent transportation systems, including auto23 mated vehicle systems, in the contexts of—’’. 


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1 SEC. 8114. RESEARCH AND DEVELOPMENT. 

2 Section 516(a) of title 23, United States Code, is 

3 amended to read as follows: 

4 ‘‘(a) IN GENERAL.—The Secretary shall carry out a 

5 comprehensive program of intelligent transportation sys6 tems research and development, and operational tests of 

7 intelligent vehicles (including automated vehicles), intel8 ligent infrastructure systems, and other similar activities 

9 that are necessary to carry out this chapter.’’. 

10 TITLE IX—RAIL SAFETY, 

11 RELIABILITY, AND EFFICIENCY 

12 SEC. 9001. SHORT TITLE; AMENDMENT OF TITLE 49, UNITED 

13 STATES CODE. 

14 (a) SHORT TITLE.—This title may be cited as the 

15 ‘‘Rail for America Act’’. 

16 (b) AMENDMENT OF TITLE 49.—Except as otherwise 

17 expressly provided, whenever in this title an amendment 

18 or repeal is expressed in terms of an amendment to, or 

19 a repeal of, a section or other provision, the reference shall 

20 be considered to be made to a section or other provision 

21 of title 49, United States Code. 

22 Subtitle A—National High23 Performance Rail System 

24 SEC. 9101. PURPOSE AND OBJECTIVES. 

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1 Performance Rail System, a comprehensive national net2 work of integrated passenger and freight rail services, and 

3 to authorize funds for the planning, development, con4 struction, and implementation of rail corridors and related 

5 infrastructure improvements. 

6 (b) OBJECTIVES.— 

7 (1) SAFETY.—The National High-Performance 

8 Rail System shall contribute to reducing fatalities, 

9 injuries, and incidents on the Nation’s transpor10 tation system. 

11 (2) MOBILITY.—The National High-Perform12 ance Rail System shall increase the efficient and re13 liable movement of both goods and people through 

14 targeted market-based investments and policies. 

15 (3) ENVIRONMENTAL SUSTAINABILITY.—The 

16 National High-Performance Rail System shall strive 

17 to advance environmentally sustainable policies and 

18 projects that reduce emissions of criteria air pollut19 ants, air toxins, and greenhouse gases from trans20 portation sources while protecting communities and 

21 natural resources. 

22 (4) ENERGY EFFICIENCY.—The National High23 Performance Rail System shall enhance energy effi24 cient transportation options and expand use of re25 newable and clean energy sources. 


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1 (5) QUALITY OF LIFE.—The National High2 Performance Rail System shall promote quality of 

3 life and communities, including enhanced safety in 

4 areas adjacent to transportation facilities and safety 

5 at highway-rail grade crossing and efficient land-use 

6 development, and protecting public health. 

7 (6) INFRASTRUCTURE CONDITION.—The Na8 tional High-Performance Rail System shall ensure 

9 that the current passenger rail network achieves and 

10 maintains a state of good repair and is resilient and 

11 reliable in the face of extreme events and changing 

12 climatic conditions. 

13 (7) OPTIMIZATION OF FREIGHT RAIL NET14 WORK.—The National High-Performance Rail Sys15 tem shall ensure that America’s world-class freight 

16 rail system is preserved and improved while bal17 ancing and protecting both private and public inter18 ests, strengthening the ability of rural communities 

19 to access national and international trade markets, 

20 and supporting regional economic development. 

21 SEC. 9102. GRANT PROGRAMS. 

22 (a) IN GENERAL.—Part C of subtitle V is amended 

23 by inserting the following after chapter 244: 


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1 ‘‘CHAPTER 246—NATIONAL HIGH2 PERFORMANCE RAIL SYSTEM 

‘‘Sec. 

‘‘24601. Definitions. 

‘‘24602. Authorization of appropriations. 

‘‘24603. National high-performance passenger rail system. 

‘‘24604. Current passenger rail service program. 

‘‘24605. Rail service improvement program. 

‘‘24606. Oversight. 

‘‘24607. Financial assistance conditions. 

3 ‘‘§ 24601. Definitions 

4 ‘‘In this chapter: 

5 ‘‘(1) Three types of passenger rail corridors are 

6 defined as follows: 

7 ‘‘(A) CORE EXPRESS CORRIDOR.—The 

8 term ‘Core Express Corridor’ means a pas9 senger rail corridor with trains operating pri10 marily on dedicated passenger track at peak 

11 speeds of 125 to 250 miles per hour or greater, 

12 and that primarily connects major metropolitan 

13 centers in the United States that are generally 

14 up to 500 miles apart. 

15 ‘‘(B) REGIONAL CORRIDOR.—The term 

16 ‘Regional Corridor’ means a passenger rail cor17 ridor with trains operating on either dedicated 

18 and shared use track at peak speeds of 90 to 

19 124 miles per hour, and that primarily connects 

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1 munities that are generally up to 500 miles 

2 apart. 

3 ‘‘(C) FEEDER CORRIDOR.—The term 

4 ‘Feeder Corridor’ means a State- or regionally5 designated passenger rail corridor with trains 

6 operating on shared use track at peak speeds of 

7 up to 90 miles per hour and that connects 

8 large, mid-sized, and small urban areas gen9 erally less than 750 miles apart. 

10 ‘‘(2) CAPITAL PROJECT.—The term ‘capital 

11 project’ means a project or program for use in or for 

12 the primary benefit of intercity passenger rail service 

13 or freight rail service, including— 

14 ‘‘(A) acquiring, constructing, improving, or 

15 inspecting equipment, track and track struc16 tures, or a facility; 

17 ‘‘(B) expenses incidental to the activities 

18 described in subsection 24601(2)(A) (including 

19 designing, engineering, location surveying, map20 ping, environmental studies, utility relocation or 

21 improvement, acquiring rights-of-way, and joint 

22 development activities as defined in subsection 

23 5302(3)(G)), and the maintenance of operations 

24 during construction; 


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1 ‘‘(C) preserving and acquiring rights-of2 way; 

3 ‘‘(D) payments for the capital portions of 

4 rail trackage rights agreements; 

5 ‘‘(E) highway-rail grade crossing improve6 ments; 

7 ‘‘(F) mitigating environmental impacts; 

8 ‘‘(G) communication and signalization im9 provements; 

10 ‘‘(H) relocation assistance, including ac11 quiring replacement housing sites, and acquir12 ing, constructing, relocating, and rehabilitating 

13 replacement housing; 

14 ‘‘(I) interest and other financing costs to 

15 efficiently carry out a part of the project within 

16 a reasonable time; and 

17 ‘‘(J) evaluation and assessment of project 

18 implementation and outcomes. 

19 ‘‘(3) HIGH-PERFORMANCE RAIL.—The term 

20 ‘high-performance rail’ means a passenger and 

21 freight rail network that is designed to meet the cur22 rent and future market demands for transportation 

23 of people and goods, in terms of capacity, travel 

24 times, reliability, and efficiency. 


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1 ‘‘(4) INTERCITY PASSENGER RAIL SERVICE.— 

2 The term ‘intercity passenger rail service’ has the 

3 same meaning as ‘intercity rail passenger transpor4 tation’, as defined in section 24102 of this title. 

5 ‘‘(5) INTERSTATE COMPACT.—The term ‘inter6 state compact’ means two or more States that have 

7 entered into compacts, agreements, or organizations, 

8 not in conflict with any law of the United States, for 

9 cooperative efforts and mutual assistance in support 

10 of activities authorized under this chapter. 

11 ‘‘(6) LONG-DISTANCE ROUTE.—The term ‘long12 distance route’ has the same meaning as under sec13 tion 24102(5)(C) of this title. 

14 ‘‘(7) NORTHEAST CORRIDOR.—The term 

15 ‘Northeast Corridor’ has the same meaning as under 

16 section 24102(5)(A) of this title. 

17 ‘‘(8) RAIL HUB PLAN.—The term ‘rail hub 

18 plan’ means a plan that addresses the needs and op19 portunities for the dense, complex networks of 

20 shared or interconnected freight, intercity passenger, 

21 and commuter rail lines that tend to be found in and 

22 around major urban areas. 

23 ‘‘(9) STATE.—The term ‘State’ means a State 

24 of the United States or the District of Columbia. 


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1 ‘‘(10) STATE CORRIDOR.—The term ‘State cor2 ridor’ has the same meaning as under section 

3 24102(5)(D) of this title. 

4 ‘‘(11) STATE OF GOOD REPAIR.—The term 

5 ‘state of good repair’ means a condition in which the 

6 existing physical assets, both individually and as a 

7 system, are functioning as designed within their use8 ful lives and are sustained through regular mainte9 nance and replacement programs. 

10 ‘‘§ 24602. Authorization of appropriations 

11 ‘‘(a) CURRENT PASSENGER RAIL SERVICES PRO12 GRAM.—There are authorized to be appropriated from the 

13 Rail Account of the Transportation Trust Fund to carry 

14 out section 24604 of this title— 

15 ‘‘(1) $2,450,000,000 for fiscal year 2016; 

16 ‘‘(2) $2,400,000,000 for fiscal year 2017; 

17 ‘‘(3) $2,350,000,000 for fiscal year 2018; 

18 ‘‘(4) $2,300,000,000 for fiscal year 2019; 

19 ‘‘(5) $2,300,000,000 for fiscal year 2020; and 

20 ‘‘(6) $2,300,000,000 for fiscal year 2021. 

21 ‘‘(b) RAIL SERVICE IMPROVEMENT PROGRAM.— 

22 There are authorized to be appropriated from the Rail Ac23 count of the Transportation Trust Fund to carry out sec24 tion 24605 of this title— 

25 ‘‘(1) $2,325,000,000 for fiscal year 2016; 


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1 ‘‘(2) $2,405,000,000 for fiscal year 2017; 

2 ‘‘(3) $2,370,000,000 for fiscal year 2018; 

3 ‘‘(4) $2,450,000,000 for fiscal year 2019; 

4 ‘‘(5) $2,450,000,000 for fiscal year 2020; and 

5 ‘‘(6) $2,450,000,000 for fiscal year 2021. 

6 ‘‘(c) AVAILABILITY OF CONTRACT AUTHORITY.— 

7 ‘‘(1) PERIOD OF AVAILABILITY.—The amounts 

8 made available under this section shall remain avail9 able for obligation until expended. 

10 ‘‘(2) CONTRACT AUTHORITY.—Authorizations 

11 from the Transportation Trust Fund made by this 

12 section shall be available for obligation on October 1 

13 of the fiscal year for which they are authorized. 

14 ‘‘§ 24603. National high-performance passenger rail 

15 system 

16 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

17 shall facilitate the establishment of a national high-per18 formance rail system in accordance with this chapter. 

19 ‘‘(b) CONTENTS.—The national high-performance 

20 rail system includes the following: 

21 ‘‘(1) Current passenger rail service program. 

22 ‘‘(2) Rail service improvement program. 

23 ‘‘(3) Railroad rehabilitation and improvement 

24 financing program. 


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1 ‘‘(c) RULEMAKING AUTHORITY.—The Secretary shall 

2 prescribe the regulations necessary to implement this 

3 chapter. 

4 ‘‘§ 24604. Current passenger rail service program 

5 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

6 shall establish a Current Passenger Rail Service Program 

7 under this section. The program shall ensure that existing 

8 passenger rail assets and services are maintained in reli9 able working condition. The Current Passenger Rail Serv10 ice Program consists of programs for the following: 

11 ‘‘(1) Northeast Corridor. 

12 ‘‘(2) State Corridors. 

13 ‘‘(3) Long-Distance Routes. 

14 ‘‘(4) National Assets, Legacy Debt, and Amtrak 

15 Positive Train Control. 

16 ‘‘(5) Stations—Americans with Disabilities Act 

17 Compliance. 

18 ‘‘(b) NORTHEAST CORRIDOR.— 

19 ‘‘(1) OBJECTIVE.—The objective of the North20 east Corridor program is to bring Northeast Cor21 ridor infrastructure and equipment into a state of 

22 good repair, and to ensure that those assets are then 

23 maintained in a state of good repair, so that the 

24 Northeast Corridor can continue providing travelers 


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1 with a safe, reliable, and efficient travel option in 

2 the congested Northeast region. 

3 ‘‘(2) AUTHORITY.—The Secretary may provide 

4 grants under this subsection to reduce the state of 

5 good repair backlog on the Northeast Corridor; to 

6 replace legacy passenger rail equipment used for 

7 Northeast Corridor service; and to fund the portion 

8 of ongoing capital replacement and renewal needs on 

9 the Northeast Corridor not covered by Northeast 

10 Corridor operating surpluses. 

11 ‘‘(3) ELIGIBLE RECIPIENTS.—The Secretary 

12 may provide grants to the following entities for eligi13 ble projects under this subsection: 

14 ‘‘(A) Amtrak. 

15 ‘‘(B) States and other public-sector entities 

16 as identified in the Northeast Corridor Capital 

17 Asset Plan required by section 24317 of this 

18 title. 

19 ‘‘(4) ELIGIBLE PROJECTS.—The Secretary may 

20 provide grants under this subsection for the fol21 lowing activities, as identified in the Five-Year Cap22 ital Asset Plans described in section 24317 of this 

23 title: 


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1 ‘‘(A) STATE OF GOOD REPAIR BACKLOG.— 

2 To replace or rehabilitate railroad assets that 

3 are not currently in a state of good repair. 

4 ‘‘(B) LEGACY EQUIPMENT REPLACE5 MENT.—To replace legacy passenger rolling 

6 stock and locomotives used for Northeast Cor7 ridor service. 

8 ‘‘(C) ONGOING REPLACEMENT AND RE9 NEWAL.—To fund the balance needed to main10 tain the existing Northeast Corridor infrastruc11 ture and equipment in an ongoing state of good 

12 repair, after the following revenues are first 

13 dedicated to these activities: 

14 ‘‘(i) All operating surpluses generated 

15 from Northeast Corridor intercity pas16 senger rail services. 

17 ‘‘(ii) All access fees from other users 

18 of the Northeast Corridor. 

19 ‘‘(iii) All revenues generated from an20 cillary businesses directly associated with 

21 Northeast Corridor services or infrastruc22 ture. 

23 ‘‘(5) FEDERAL SHARE OF TOTAL PROJECT

24 COSTS.—The Federal share of total project costs 

25 under this subsection may be up to 100 percent. 


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1 ‘‘(c) STATE CORRIDORS.— 

2 ‘‘(1) OBJECTIVE.—To enable the successful im3 plementation of section 209 of division B of Public 

4 Law 110–432 for existing State-supported passenger 

5 rail operations through transitional financial assist6 ance to States. 

7 ‘‘(2) AUTHORITY.—The Secretary is authorized 

8 to provide grants, consistent with the maximum time 

9 period under which temporary financial assistance 

10 may be received as developed in subsection (c)(3) of 

11 this section, to eligible recipients under this sub12 section to support the implementation of section 209 

13 of division B of Public Law 110–432; and replace14 ment of legacy passenger rolling stock and loco15 motives used on State corridors. 

16 ‘‘(3) TRANSITION ASSISTANCE FRAMEWORK.— 

17 The Secretary shall develop a transition assistance 

18 framework within six months of the enactment of 

19 this Act. As part of this framework, the Secretary 

20 shall: 

21 ‘‘(A) Develop criteria for phasing out ac22 tivities under subsection (c)(5)(A) of this sec23 tion by not later than October 1, 2018; and 


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1 ‘‘(B) Develop policies governing financial 

2 terms, repayment conditions, and other terms 

3 of financial assistance. 

4 ‘‘(4) ELIGIBLE RECIPIENTS.— 

5 ‘‘(A) States are eligible to receive grants 

6 for activities described in subsections (c)(5)(A) 

7 and (c)(5)(B) of this section. 

8 ‘‘(B) States may enter into contractual 

9 agreements to allow for Amtrak to receive 

10 grants for activities described in subsection 

11 (c)(5)(B) of this section. 

12 ‘‘(5) ELIGIBLE ACTIVITIES.—Grants provided 

13 under this paragraph may be used to: 

14 ‘‘(A) Provide temporary financial support 

15 to eligible recipients in conformance with the 

16 operating and capital cost methodologies devel17 oped pursuant to section 209 of division B of 

18 Public Law 110–432, until not later than Sep19 tember 30, 2018. 

20 ‘‘(B) Replace legacy passenger rolling 

21 stock and locomotives used for State corridor 

22 service as identified in the Five-Year Capital 

23 Asset Plans described in section 24317 of this 

24 title. 


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1 ‘‘(6) FEDERAL SHARE.—The Federal share of 

2 expenditures for activities described in subsections 

3 (c)(5)(B) may be up to 80 percent of the total cost. 

4 ‘‘(d) LONG-DISTANCE ROUTES.— 

5 ‘‘(1) OBJECTIVE.—The objective of the long6 distance routes program is to provide grants to Am7 trak for the continuation of services on long-distance 

8 routes. 

9 ‘‘(2) AUTHORITY.—The Secretary may provide 

10 grants to Amtrak under this subsection, in accord11 ance with the relevant provisions contained in part 

12 C, subtitle V of this title. 

13 ‘‘(3) ELIGIBLE RECIPIENTS.—Amtrak is eligible 

14 to receive grants for long-distance route activities. 

15 ‘‘(4) ELIGIBLE ACTIVITIES.—Grants provided 

16 for long-distance routes may be expended for the op17 erating and capital costs associated with providing 

18 reliable national long-distance passenger rail services 

19 to the extent that such expenses cannot be fully sup20 ported by the passenger and non-passenger revenues 

21 generated by long-distance passenger services, as 

22 identified in the Five-Year Business Line Plan de23 scribed in section 24317 of this title. 


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1 ‘‘(5) FEDERAL SHARE.—The Federal share of 

2 expenditures for eligible activities under this sub3 section may be up to 100 percent of the total cost. 

4 ‘‘(e) NATIONAL ASSETS, LEGACY DEBT, AND AM5 TRAK POSITIVE TRAIN CONTROL.— 

6 ‘‘(1) OBJECTIVE.—The objective of the national 

7 assets program is to provide grants to Amtrak for 

8 the operating and capital needs associated with the 

9 Nation’s core rail assets; for servicing Amtrak’s leg10 acy debt; and for implementing positive train control 

11 on Amtrak routes where Amtrak is fully or partially 

12 responsible for compliance with section 20157 of this 

13 title. 

14 ‘‘(2) AUTHORITY.—The Secretary may provide 

15 grants to Amtrak under this subsection. 

16 ‘‘(3) ELIGIBLE RECIPIENTS.—Amtrak is eligible 

17 to receive grants for national asset activities. 

18 ‘‘(4) ELIGIBLE ACTIVITIES.—Grants provided 

19 for national assets may be expended for: 

20 ‘‘(A) Operating and capital costs associ21 ated with operating and maintaining national 

22 reservations, security, mechanical facilities, 

23 training centers and other assets associated 

24 with Amtrak’s national passenger rail transpor25 tation system. 


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1 ‘‘(B) Implementing positive train control 

2 on Amtrak routes where Amtrak is fully or par3 tially responsible for compliance with section 

4 20157 of this title. 

5 ‘‘(C) Making payments for principal and 

6 interest payments related to debt incurred prior 

7 to fiscal year 2005. 

8 ‘‘(5) EVALUATION OF NATIONAL ASSETS OPER9 ATING COSTS.— 

10 ‘‘(A) The Secretary shall evaluate the cost 

11 and scope of all operating activities defined in 

12 paragraph (4)(A) of this subsection, and shall 

13 identify which activities are— 

14 ‘‘(i) required in order to ensure the ef15 ficient operations of a national passenger 

16 rail system; 

17 ‘‘(ii) appropriate for allocation to one 

18 of the other Amtrak business lines; and 

19 ‘‘(iii) extraneous to providing an effi20 cient national passenger rail system or are 

21 too costly relative to the benefits or per22 formance outcomes they provide. 

23 ‘‘(B) Within 1 year after the completion of 

24 the review in subparagraph (A), the Federal 

25 Railroad Administration, in consultation with 


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1 the Amtrak Board of Directors, the governors 

2 of each relevant State, and the Mayor of the 

3 District of Columbia, or entities representing 

4 those officials, shall restructure and/or reallo5 cate national assets operating costs according to 

6 the findings of the review in that subparagraph. 

7 ‘‘(6) FEDERAL SHARE.—The Federal share of 

8 expenditures for eligible activities under this sub9 section may be up to 100 percent of the total cost 

10 as identified in the Five-Year Business Line Plan 

11 described in section 24317 of this title. 

12 ‘‘(f) STATIONS—AMERICANS WITH DISABILITIES

13 ACT COMPLIANCE.— 

14 ‘‘(1) OBJECTIVE.—The objective of the pro15 gram is to bring all stations served by Amtrak into 

16 compliance with the Americans with Disabilities Act. 

17 ‘‘(2) AUTHORITY.—The Secretary may provide 

18 grants to Amtrak under this subsection. 

19 ‘‘(3) ELIGIBLE RECIPIENTS.—Amtrak is eligible 

20 to receive grants for eligible activities under this 

21 subsection. 

22 ‘‘(4) ELIGIBLE ACTIVITIES.—Grants provided 

23 under this subsection may be expended for upgrad24 ing existing intercity passenger rail stations to com25 ply with the Americans with Disabilities Act. 


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1 ‘‘(5) FEDERAL SHARE.—The Federal share of 

2 expenditures for eligible activities under this sub3 section may be up to 100 percent of the total cost. 

4 ‘‘§ 24605. Rail service improvement program 

5 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

6 shall establish a Rail Service Improvement Program under 

7 this section. The program shall promote and facilitate de8 velopment of new passenger rail corridors and improve9 ments to existing passenger and freight rail corridors. The 

10 Rail Service Improvement Program consists of programs 

11 covering the following: 

12 ‘‘(1) Passenger Corridors. 

13 ‘‘(2) Commuter Railroads—Positive Train Con14 trol Compliance. 

15 ‘‘(3) Local Rail Facilities and Safety. 

16 ‘‘(4) Planning. 

17 ‘‘(b) PASSENGER CORRIDORS.— 

18 ‘‘(1) OBJECTIVE.—The objective of the pas19 senger corridors program under this subsection is to 

20 build regional networks of passenger rail corridors 

21 through construction of new corridors or substantial 

22 improvements to existing corridors, including Core 

23 Express Corridors, Regional Corridors, and Feeder 

24 Corridors, as defined in section 24601 of this title, 


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1 and to mitigate passenger train congestion at critical 

2 rail chokepoints. 

3 ‘‘(2) AUTHORITY.—The Secretary is authorized 

4 to provide grants under this subsection to eligible re5 cipients (as specified in paragraph (3)) for eligible 

6 corridor development and positive train control 

7 projects (as specified in paragraph (4)). A grant 

8 may be used to pay all or a portion of the subsidy 

9 and administrative costs of intercity passenger rail 

10 capital projects eligible for Federal credit assistance 

11 under the Railroad Revitalization and Regulatory 

12 Reform Act of 1976 (Public Law 94–210) (45 

13 U.S.C. 801 et seq.). 

14 ‘‘(3) ELIGIBLE RECIPIENTS.—Entities eligible 

15 for funding for eligible projects identified in para16 graph (4) are the following: 

17 ‘‘(A) A State. 

18 ‘‘(B) A group of States. 

19 ‘‘(C) An Interstate Compact. 

20 ‘‘(D) A Regional Rail Development Au21 thority as defined in chapter 289 of this title. 

22 ‘‘(E) A public agency or publicly chartered 

23 authority established by one or more States and 

24 having responsibility for providing high-speed or 

25 intercity passenger rail service. 


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1 ‘‘(F) Amtrak. 

2 ‘‘(G) Any institution for procuring, man3 aging, or maintaining passenger rail rolling 

4 stock and locomotives that may be established 

5 pursuant to the outcomes of the review de6 scribed in section 305 of division B of Public 

7 Law 110–432, as amended. 

8 ‘‘(4) ELIGIBLE PROJECTS.—The following 

9 projects are eligible to receive funding under this 

10 subsection: 

11 ‘‘(A) A capital project that is for the pri12 mary benefit of or use in high-performance rail 

13 service is eligible to receive passenger corridors 

14 grants under this subsection, provided that: 

15 ‘‘(i) The project proposal is consistent 

16 with an adopted service development plan 

17 or rail hub plan at the time of application. 

18 ‘‘(ii) The project sponsor has com19 pleted, prior to the time of application, the 

20 appropriate level of environmental reviews, 

21 in compliance with the applicable environ22 mental protection requirements, including 

23 the National Environmental Policy Act of 

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1 menting regulations, and applicable proce2 dures. 

3 ‘‘(B) A capital project identified by the 

4 Surface Transportation Board as to improve 

5 the on-time performance and reliability of inter6 city rail passenger transportation under section 

7 24308(f) of this title. 

8 ‘‘(C) A capital project designated by the 

9 Secretary as being necessary to address conges10 tion challenges affecting passenger rail. 

11 ‘‘(5) PROJECT SELECTION CRITERIA.—In se12 lecting the recipients of grants for eligible projects 

13 under paragraph (4), the Secretary shall: 

14 ‘‘(A) Give preference to proposed projects 

15 that are consistent with the investment goals, 

16 objectives, policies, and methodologies defined 

17 in the following: 

18 ‘‘(i) Any national rail planning guid19 ance or parameters set forth by the Sec20 retary. 

21 ‘‘(ii) Any Regional Rail Development 

22 Plans described in section 22602 of this 

23 title that are applicable to a project pro24 posal, once available. 


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1 ‘‘(iii) Any State Rail Plans, as de2 scribed in chapter 227 of this title that are 

3 applicable to a project proposal. 

4 ‘‘(B) Also consider the following: 

5 ‘‘(i) The project’s system and service 

6 performance as experienced by the pas7 senger, including measures such as im8 proved reliability, reduced trip time, addi9 tional service frequency to meet anticipated 

10 or existing demand, or other significant 

11 system and service enhancements. 

12 ‘‘(ii) Cost-benefit analysis of the 

13 project, which shall include such factors as 

14 the project’s estimated ridership and an15 ticipated user and public benefits, relative 

16 to the proposed Federal investment, and 

17 consideration of enhanced mobility, envi18 ronmental, and economic benefits (both for 

19 the specific project proposal and in terms 

20 of the costs and benefits generated by the 

21 specific project within a network context). 

22 ‘‘(iii) Cross-modal benefits generated 

23 by the project, including anticipated im24 pacts on air, transit, or highway traffic 

25 congestion, capacity, or safety; and cost 


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1 avoidance or deferral of planned invest2 ments in aviation, transit, and highway 

3 systems. 

4 ‘‘(iv) Opportunities for operational in5 tegration with commuter rail or other rail 

6 operations, as well as with regional public 

7 transportation providers, including the de8 gree to which the project could allow for 

9 coordinated schedules, seamless connec10 tions between trains, integrated sales and 

11 ticketing systems, and other mechanisms 

12 that will benefit passengers and encourage 

13 cost containment among rail operators. 

14 ‘‘(v) Equitable financial participation 

15 by other beneficiaries of the project, in16 cluding the degree to which the project’s 

17 business plan considers potential private 

18 sector participation in the financing, con19 struction, and/or operation of the project. 

20 ‘‘(vi) The recipient’s past performance 

21 in developing and delivering similar pas22 senger rail projects. 

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1 Federal contributions in excess of min2 imum requirements that the sponsor may 

3 have provided as a match for previous Fed4 eral grants. 

5 ‘‘(viii) The likelihood that new service 

6 or expanded service projects, once brought 

7 into service, will be able to cover on-going 

8 operating costs without the support of 

9 grants, within a reasonable time frame. 

10 ‘‘(ix) Whether the recipient has or will 

11 have the legal, financial, and technical ca12 pacity to carry out the project, satisfactory 

13 continuing control over the use of the 

14 equipment or facilities, and the capability 

15 and willingness to maintain the equipment 

16 or facilities. 

17 ‘‘(x) The likelihood that the proposed 

18 project is feasible and will result in the an19 ticipated benefits, including the recipient’s 

20 means for ensuring the realization of the 

21 anticipated benefits. 

22 ‘‘(xi) Any other relevant factors as de23 termined by the Secretary. 

24 ‘‘(6) PLANNING REQUIREMENTS.—To be eligi25 ble for a Federal grant under this subsection, a 


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1 project must be specifically identified on a State Rail 

2 Plan, as described in section 22702. 

3 ‘‘(7) FEDERAL SHARE OF TOTAL PROJECT

4 COSTS.— 

5 ‘‘(A) TOTAL PROJECT COST.—The Sec6 retary shall estimate the total cost of a project 

7 under this subsection based on engineering 

8 studies, studies of economic feasibility, environ9 mental analyses, and information on the ex10 pected use of equipment or facilities. 

11 ‘‘(B) FEDERAL SHARE.—The Federal 

12 share of total project costs under this sub13 section shall not exceed 80 percent, except 

14 where the proposed project was identified 

15 through and is consistent with a Regional Rail 

16 Development Plan described in chapter 289 of 

17 this title, in which case the Federal share of 

18 total project costs under this subsection shall 

19 not exceed 85 percent. 

20 ‘‘(c) COMMUTER RAILROADS; POSITIVE TRAIN CON21 TROL COMPLIANCE.— 

22 ‘‘(1) OBJECTIVE.—The objective of this pro23 gram is to promote rail safety by assisting in fund24 ing the implementation of positive train control on 


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1 commuter railroad-owned infrastructure, equipment, 

2 and back office systems. 

3 ‘‘(2) AUTHORITY.—The Secretary is authorized 

4 to provide grants under this subsection to eligible re5 cipients (as described in paragraph (3)) for eligible 

6 positive train control projects (as described in para7 graph (4)). 

8 ‘‘(3) ELIGIBLE RECIPIENTS.—Entities eligible 

9 for funding under this subsection include the fol10 lowing: 

11 ‘‘(A) A State. 

12 ‘‘(B) A group of States. 

13 ‘‘(C) A provider of commuter rail pas14 senger transportation, as defined in section 

15 24102 of this title. 

16 ‘‘(4) ELIGIBLE PROJECTS.—Projects eligible to 

17 receive grants under this subsection include the fol18 lowing: 

19 ‘‘(A) A project for analyzing, designing, 

20 developing, procuring, installing, modifying, 

21 validating, configuring, and testing of positive 

22 train control systems hardware or software sys23 tem elements on commuter railroad-owned in24 frastructure, equipment, or back office systems, 

25 including the following activities: 


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1 ‘‘(i) Dedicated passenger service mo2 tive power equipment. 

3 ‘‘(ii) Wayside interface of track-side 

4 devices on track owned by eligible recipi5 ents. 

6 ‘‘(iii) Back office and dispatch system 

7 infrastructure owned and operated by pas8 senger railroads. 

9 ‘‘(iv) Roadway worker terminal de10 vices. 

11 ‘‘(v) Communications system design 

12 and components, such as quality of service 

13 determinations, physical communications 

14 infrastructure, and message integrity, au15 thentication, and non-repudiation mecha16 nisms to protect positive train control sys17 tem communications. 

18 ‘‘(vi) Track databases for track seg19 ments owned by eligible recipients, includ20 ing the population of such databases with 

21 mapping data. 

22 ‘‘(vii) Project management services for 

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1 tem design, procurement, implementation, 

2 and testing efforts. 

3 ‘‘(viii) Positive train control system 

4 training programs for eligible recipients 

5 compliant with title 49 of the Code of Fed6 eral Regulations, part 236 subpart I. 

7 ‘‘(ix) Engineering support to prepare 

8 all necessary documentation required for 

9 regulatory compliance and system certifi10 cation of positive train control systems for 

11 eligible recipients. 

12 ‘‘(B) An eligible entity specified in para13 graph (4)(A) may not receive funding under 

14 this subsection for the following activities: 

15 ‘‘(i) The procurement of radio fre16 quency spectrum. 

17 ‘‘(ii) Positive train control-related 

18 costs of any entity not listed in paragraph 

19 (3), such as wayside positive train control 

20 system components on track segments 

21 owned by a Class I freight railroad and 

22 over which commuter rail passenger trans23 portation is regularly provided. 

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1 ble projects under paragraph (4), shall consider the 

2 following: 

3 ‘‘(A) The scope of positive train control 

4 system components necessary to comply with 

5 section 20157 of this title, including the num6 ber of locomotives owned by the eligible recipi7 ent, the number of wayside miles owned by the 

8 eligible recipient, the number of positive train 

9 control systems with which the eligible recipi10 ent’s positive train control system must be 

11 interoperable; the scale of the communications 

12 infrastructure the eligible recipient requires to 

13 support positive train control system operations; 

14 and the number of modifications to dispatching 

15 and back office systems required to support 

16 positive train control system operations. 

17 ‘‘(B) The extent to which the applicant has 

18 demonstrated a clear need for Federal financial 

19 assistance. 

20 ‘‘(C) The overall completeness and quality 

21 of the application, including the comprehensive22 ness of its supporting documentation. 

23 ‘‘(D) The extent of prior positive train con24 trol implementation activities. 


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1 ‘‘(E) Any other relevant factors as deter2 mined by the Secretary. 

3 ‘‘(6) FEDERAL SHARE OF PROJECT COSTS.— 

4 ‘‘(A) TOTAL PROJECT COST.—The Sec5 retary shall estimate the total cost of a project 

6 under this subsection based on engineering 

7 studies, studies of economic feasibility, environ8 mental analyses, and information on the ex9 pected use of equipment or facilities. 

10 ‘‘(B) FEDERAL SHARE.—The Federal 

11 share of total project costs for grants provided 

12 under this subsection shall not exceed 80 per13 cent of the total project cost. 

14 ‘‘(C) MATCH CREDIT.—The non-Federal 

15 share requirement may be met in whole or in 

16 part by eligible expenditures by the railroad 

17 carrier made subsequent to October 16, 2008, 

18 excluding costs related to the lease or acquisi19 tion of radio frequency spectrum. 

20 ‘‘(d) LOCAL RAIL FACILITIES AND SAFETY.— 

21 ‘‘(1) OBJECTIVE.—The objective of the local 

22 rail facilities and safety program under this sub23 section is to mitigate the impacts of railroad oper24 ations in local communities, through improvements 

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1 line railroad infrastructure, rail line relocation and 

2 improvement projects, and training and technical as3 sistance to local governments. 

4 ‘‘(2) AUTHORITY.—The Secretary is authorized 

5 to provide grants under this subsection to eligible re6 cipients (as described in paragraph (3)) for eligible 

7 freight capacity projects (as described in paragraph 

8 (4)). A grant may be used to pay all or a portion 

9 of the subsidy and administrative costs of projects 

10 eligible for Federal credit assistance under the Rail11 road Revitalization and Regulatory Reform Act of 

12 1976 (Public Law 94–210) (45 U.S.C. 801 et seq.) 

13 for a capital project to improve short-line railroad 

14 infrastructure. 

15 ‘‘(3) ELIGIBLE RECIPIENTS.—Entities eligible 

16 for funding under this subsection include the fol17 lowing: 

18 ‘‘(A) A State. 

19 ‘‘(B) A group of States. 

20 ‘‘(C) An Interstate Compact. 

21 ‘‘(D) A Regional Rail Development Au22 thority, as defined in chapter 289 of this title. 

23 ‘‘(E) A local government. 

24 ‘‘(F) A metropolitan planning organization. 


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1 ‘‘(G) A group of metropolitan planning or2 ganizations. 

3 ‘‘(4) ELIGIBLE PROJECTS.—Projects eligible to 

4 receive grants under this subsection include the fol5 lowing: 

6 ‘‘(A) A capital project to mitigate the im7 pacts of rail infrastructure and operations on a 

8 local community, including rail line relocation 

9 and improvement and improving the safety of, 

10 or eliminating hazards at, a highway-rail grade 

11 crossing. 

12 ‘‘(B) A capital project to improve short13 line railroad infrastructure. 

14 ‘‘(C) Training and technical assistance to 

15 help local governments better understand how 

16 to coordinate with railroads on operations and 

17 safety issues, and how to integrate railroad 

18 issues into land use and transportation plan19 ning processes. 

20 ‘‘(5) PROJECT SELECTION CRITERIA.—In se21 lecting the recipients of grants for freight capacity 

22 projects under this subsection, the Secretary shall 

23 consider— 

24 ‘‘(A) the extent to which a proposed 

25 project— 


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1 ‘‘(i) alleviates the impacts of rail oper2 ations on local neighborhoods or urbanized 

3 areas; 

4 ‘‘(ii) will result in clearly defined pub5 lic benefits; 

6 ‘‘(iii) contributes to increasing the 

7 competitiveness and state of good repair of 

8 short line railroads; 

9 ‘‘(iv) enhances safety at critical high10 way-rail grade crossings; 

11 ‘‘(v) is compatible with local land use, 

12 economic development, and transportation 

13 plans and objectives; 

14 ‘‘(vi) includes equitable participation 

15 from other beneficiaries in the project’s fi16 nancing, including the extent to which the 

17 project will leverage private or local gov18 ernment investments; and 

19 ‘‘(vii) will increase the reliability and 

20 resilience of the Nation’s rail system; 

21 ‘‘(B) the past performance of the recipient 

22 and other beneficiaries of the project in devel23 oping and delivering rail projects; and 

24 ‘‘(C) any other relevant factors as deter25 mined by the Secretary. 


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1 ‘‘(6) PLANNING REQUIREMENTS.—To be eligi2 ble for a Federal grant under this subsection, a 

3 project must be specifically identified on a State Rail 

4 Plan, as described in section 227 of this title. 

5 ‘‘(7) FEDERAL SHARE OF PROJECT COSTS.— 

6 ‘‘(A) TOTAL PROJECT COST.—The Sec7 retary shall estimate the total cost of a project 

8 under this subsection based on engineering 

9 studies, studies of economic feasibility, environ10 mental analyses, and information on the ex11 pected use of equipment or facilities. 

12 ‘‘(B) FEDERAL SHARE.—The Federal 

13 share of total project costs for grants provided 

14 under this subsection shall not exceed 80 per15 cent of the total project cost. 

16 ‘‘(e) PLANNING.— 

17 ‘‘(1) OBJECTIVE.—The objective of the plan18 ning program under this subsection is to facilitate 

19 the development of comprehensive plans to guide fu20 ture investments in the Nation’s rail systems and to 

21 develop the workforce necessary to advance Amer22 ica’s rail industry. 

23 ‘‘(2) AUTHORITY.—The Secretary is authorized 

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1 cipients (as described in paragraph (3)) for eligible 

2 planning projects (as described in paragraph (4)). 

3 ‘‘(3) ELIGIBLE RECIPIENTS.—Entities eligible 

4 for funding under this subsection include the fol5 lowing: 

6 ‘‘(A) A State. 

7 ‘‘(B) A group of States. 

8 ‘‘(C) An Interstate Compact. 

9 ‘‘(D) A Regional Rail Development Au10 thority as defined in chapter 289 of this title. 

11 ‘‘(E) A public agency or publicly chartered 

12 authority established by one or more States and 

13 having responsibility for providing high-speed or 

14 intercity passenger rail service. 

15 ‘‘(F) A local government. 

16 ‘‘(G) A metropolitan planning organiza17 tion. 

18 ‘‘(H) A group of metropolitan planning or19 ganizations. 

20 ‘‘(I) National Academy of Sciences Trans21 portation Research Board, for eligible projects 

22 described in paragraph (4)(C). 

23 ‘‘(J) Federal Railroad Administration. 


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1 ‘‘(4) ELIGIBLE PROJECTS.—Projects eligible to 

2 receive grants under this subsection include the fol3 lowing: 

4 ‘‘(A) The preparation of new rail planning 

5 documents or any updates to existing rail plan6 ning documents including the following: 

7 ‘‘(i) A corridor or rail hub investment 

8 plan that consists of both— 

9 ‘‘(I) a corridor service develop10 ment plan or rail hub plan; and 

11 ‘‘(II) corresponding environ12 mental analyses. 

13 ‘‘(ii) A regional rail development plan, 

14 as defined in section 22602 of this title. 

15 ‘‘(iii) A State rail plan, as defined in 

16 section 22702 of this title. 

17 ‘‘(iv) Any other national, multi-State, 

18 mega-regional, or State planning activity 

19 determined by the Secretary to be nec20 essary to advance the development of pas21 senger and freight rail systems. 

22 ‘‘(B) Capital upgrades to the Transpor23 tation Technology Center for the purposes of 

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1 ing technologies related to the design and de2 ployment of high-performance rail systems. 

3 ‘‘(C) Research conducted by the National 

4 Cooperative Rail Research Program, as estab5 lished by section 24910 of this title. 

6 ‘‘(D) Workforce development activities, co7 ordinated to the extent practical with the exist8 ing local training programs supported by the 

9 U.S. Department of Transportation, the U.S. 

10 Department of Labor, and the U.S. Depart11 ment of Education, including— 

12 ‘‘(i) interagency agreements with the 

13 Manufacturing Extension Partnership at 

14 the National Institute of Standards and 

15 Technology; 

16 ‘‘(ii) developing and deploying train17 ing and technical assistance opportunities 

18 for rail stakeholders; and 

19 ‘‘(iii) rail-based University Transpor20 tation Centers established by section 5505 

21 of this title. 

22 ‘‘(5) PROJECT SELECTION CRITERIA.—In se23 lecting the recipients of grants for planning projects 

24 under paragraph (4)(A), the Secretary shall con25 sider— 


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1 ‘‘(A) the extent to which a proposed plan2 ning project— 

3 ‘‘(i) comprehensively addresses both 

4 freight and passenger rail issues and 

5 needs; 

6 ‘‘(ii) considers high-performance rail’s 

7 role within a multimodal context; 

8 ‘‘(iii) follows a planning process that 

9 allows for meaningful incorporation of 

10 input from affected communities, local gov11 ernments, regional councils and planning 

12 organizations, railroads, transportation 

13 modal partners, environmental interests, 

14 workforce investment boards, economic de15 velopment agencies, the public, and other 

16 stakeholders, early and throughout the 

17 process; 

18 ‘‘(iv) is integrated with other trans19 portation planning efforts; 

20 ‘‘(v) will result in the appropriate doc21 umentation and institutional support to 

22 proceed with project implementation; and 

23 ‘‘(vi) examines and evaluates non24 transportation issues that could be affected 

25 by future capital projects, including but 


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1 not limited to land use, economic develop2 ment, and social equity; and 

3 ‘‘(B) any other relevant factors as deter4 mined by the Secretary. 

5 ‘‘(6) FEDERAL SHARE OF PROJECT COSTS.— 

6 ‘‘(A) The Federal share of total project 

7 costs for a grant provided under paragraph 

8 (4)(A) shall not exceed 80 percent of the total 

9 project cost. 

10 ‘‘(B) The Federal share of total project 

11 costs for a grant or contract provided under 

12 this paragraph (4) (B)–(D) may be up to 100 

13 percent of the total project cost. 

14 ‘‘(7) FEDERALLY LED RAIL PLANNING.—The 

15 Secretary may retain up to two percent of the funds 

16 made available under section 24602(b) of this title 

17 to facilitate the preparation of national planning 

18 tools and analyses, multi-State regional rail plans, 

19 and service development plans and related environ20 mental reviews for corridors located in multiple 

21 States. 

22 ‘‘§ 24606. Oversight 

23 ‘‘(a) AUTHORITY.— 

24 ‘‘(1) IN GENERAL.— 


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1 ‘‘(A) CURRENT PASSENGER RAIL SERVICE

2 PROGRAM.—The Secretary of Transportation 

3 may expend up to one-half percent of the funds 

4 made available each fiscal year under section 

5 24602(a) of this title to conduct oversight of 

6 and to provide training and technical assistance 

7 for the current passenger rail service program. 

8 ‘‘(B) RAIL SERVICE IMPROVEMENT PRO9 GRAM.—The Secretary of Transportation may 

10 expend up to 1 percent of the funds made avail11 able each fiscal year under section 24602(b) of 

12 this title to conduct oversight, training and 

13 technical assistance, and project evaluations 

14 and assessments for the rail service improve15 ment program. 

16 ‘‘(2) PAYMENT.—The Federal share of a con17 tract under this subsection shall be 100 percent. 

18 ‘‘(b) PROJECT MANAGEMENT OVERSIGHT.— 

19 ‘‘(1) PROCEDURES.—The Secretary shall de20 velop and implement oversight procedures to monitor 

21 the effective and efficient use of funds appropriated 

22 under this chapter. These procedures shall include 

23 such measures as the Secretary deems necessary to 

24 identify, mitigate, and monitor risks to successful 

25 delivery of projects. These procedures may include— 


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1 ‘‘(A) entering into contracts for safety, 

2 procurement, management, and financial com3 pliance reviews, audits, and reports of a recipi4 ent of funds appropriated under this chapter; 

5 ‘‘(B) conducting site visits to review the 

6 progress and implementation of projects under 

7 this chapter; and 

8 ‘‘(C) establishing field offices to oversee 

9 projects and to provide project delivery assist10 ance to the recipients of financial assistance 

11 under this chapter. 

12 ‘‘(2) ACCESS.—Each recipient of financial as13 sistance under this chapter shall provide the Sec14 retary or the Secretary’s designee, including a con15 tractor the Secretary chooses under paragraph 

16 (1)(A) of this subsection, with access to the con17 struction sites and records of the recipient when rea18 sonably necessary. 

19 ‘‘(c) PROJECT EVALUATION AND ASSESSMENT.—The 

20 Secretary shall develop and implement procedures for eval21 uating the implementation of projects receiving funds 

22 made available under section 24602(b) of this title and 

23 assessing the extent to which these projects achieved in24 tended outcomes and public benefits. These procedures 

25 may include— 


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1 ‘‘(1) establishing criteria to guide the selection 

2 of grants under section 24602(b) for individual as3 sessments; 

4 ‘‘(2) identifying, collecting, and analyzing 

5 standardized data and metrics related to grant ap6 plications under section 24602 (b) and (c), and to 

7 the implementation, outcomes, and public benefits of 

8 projects receiving grants under section 24602(b); 

9 ‘‘(3) performing a national evaluation of overall 

10 program results and outcomes under section 

11 24602(b); 

12 ‘‘(4) undertaking statistical and cost-benefit 

13 analyses to identify strategies for maximizing return 

14 on investment of Federal funding in rail research, 

15 planning, and construction; and 

16 ‘‘(5) entering into grants or contracts for the 

17 purpose of carrying out the procedures established 

18 under this paragraph. 

19 ‘‘(d) TRAINING AND TECHNICAL ASSISTANCE.—The 

20 Secretary shall develop and implement procedures to pro21 vide training and technical assistance to grantees and 

22 other stakeholders in order to ensure the effective and effi23 cient use of funds appropriated under this chapter. 

24 ‘‘(e) PROJECT DELIVERY DOCUMENTATION.—To re25 ceive Federal financial assistance for a project under this 


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1 chapter, an applicant shall prepare project delivery docu2 mentation, which may include the following: 

3 ‘‘(1) A project management plan. 

4 ‘‘(2) A financial plan. 

5 ‘‘(3) A system safety plan. 

6 ‘‘(4) Agreements between the project sponsor(s) 

7 and all relevant entities. 

8 ‘‘(5) A project risk management plan. 

9 ‘‘(6) Other documents identified by the Sec10 retary as relevant to carrying out project manage11 ment oversight activities under this section. 

12 ‘‘§ 24607. Financial assistance conditions 

13 ‘‘(a) FINANCIAL ASSISTANCE CONDITIONS.—The 

14 Secretary shall require, as a condition of making any fi15 nancial assistance under section 24605, that such finan16 cial assistance shall comply with section 24405 (b), (c), 

17 (d), and (e) of this title, as amended, in the same manner 

18 that funding under chapter 244 of part C of subtitle V 

19 of this title is required to comply with section 24405 (b), 

20 (c), (d), and (e) of this title. 

21 ‘‘(b) LOCAL HIRING.— 

22 ‘‘(1) IN GENERAL.—A recipient of assistance 

23 may advertise, post job opportunities on State job 

24 banks and with One Stop centers established under 

25 the Workforce Innovation and Opportunity Act, and 


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1 award a contract for construction containing re2 quirements for the employment of individuals resid3 ing in or adjacent to any of the areas in which the 

4 work is to be performed is for construction work re5 quired under the contract, provided that— 

6 ‘‘(A) all or part of the construction work 

7 performed under the contract occurs in an area 

8 that has— 

9 ‘‘(i) a per capita income of 80 percent 

10 or less of the national average; or 

11 ‘‘(ii) an unemployment rate that is for 

12 the most recent 24-month period for which 

13 data are available at least 1 percent great14 er than the national average unemploy15 ment rate; 

16 ‘‘(B) the estimated cost of the project of 

17 which the contract is a part is greater than $10 

18 million; 

19 ‘‘(C) the recipient may not require the hir20 ing of individuals who do not have the nec21 essary skills to perform work in any craft or 

22 trade, except for individuals who are subject to 

23 an apprenticeship program or other training 

24 program meeting the requirements of sub25 section 24605(e) of this title; and 


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1 ‘‘(D) the award of such a contract com2 plies with agreements subject to the Railway 

3 Labor Act (45 U.S.C. 151–188), if applicable. 

4 ‘‘(2) ADVERTISEMENT.—In advertising an 

5 awarding a contract under this subsection, the Sec6 retary or a recipient of assistance shall ensure that 

7 the requirements contained in the advertisement 

8 would not— 

9 ‘‘(A) compromise the quality of the project; 

10 ‘‘(B) unreasonably delay the completion of 

11 the project; or 

12 ‘‘(C) unreasonably increase the cost of the 

13 project. 

14 ‘‘(3) AVAILABLE PROGRAMS.—The Secretary 

15 shall make available to recipients the workforce de16 velopment and training programs set forth in section 

17 24605(e)(4)(D)(ii) of this title to assist recipients 

18 who wish to establish training programs that satisfy 

19 the provisions of subsection (b)(1)(C). The Secretary 

20 of Labor shall make available its qualifying work21 force and training development programs to recipi22 ents who wish to establish training programs that 

23 satisfy the provisions of section (b)(1)(C).’’. 


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1 (b) CONFORMING AMENDMENT.—The chapter anal2 ysis for subtitle V is amended by inserting the following 

3 after the item relating to chapter 244: 

‘‘246. National High-Performance Rail System .....................24601’’. 

4 SEC. 9103. AMTRAK 5-YEAR BUSINESS PLANNING. 

5 (a) AMTRAK 5-YEAR BUSINESS LINE AND CAPITAL

6 ASSET PLANS.—Part C of subtitle V is amended by in7 serting the following new section after section 24316: 

8 ‘‘§ 24317. Amtrak 5-year business line and capital 

9 asset plans 

10 ‘‘(a) IN GENERAL.— 

11 ‘‘(1) DRAFT PLANS.—Not later than July 1 of 

12 each year, Amtrak shall submit to the Secretary of 

13 Transportation draft 5-year business line plans and 

14 draft 5-year capital asset plans prepared in accord15 ance with this section. Each draft plan shall include 

16 information on historical performance, the subse17 quent base fiscal year, and the 5-year period that 

18 begins with the second full fiscal year after the sub19 mission. Amtrak shall, in consultation with the Sec20 retary of Transportation, revise the draft plans, as 

21 appropriate. 

22 ‘‘(2) FINAL PLANS.—Not later than February 

23 15 of each year, Amtrak shall submit to Congress 

24 and the Secretary of Transportation 5-year business 

25 line plans prepared in accordance with this section. 


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1 These plans shall form the basis for Amtrak’s gen2 eral and legislative annual report to the President 

3 and Congress required by subsection 24315(b) of 

4 this title. 

5 ‘‘(3) UPDATED PLANS.—Amtrak shall submit 

6 updated 5-year business line plans to Congress and 

7 the Secretary of Transportation no later than 60 

8 days after the date of enactment of an appropria9 tions Act for the fiscal year. The updated plan shall 

10 reflect the actual appropriations levels or obligation 

11 limits for that fiscal year, and any corresponding ad12 justments to the subsequent fiscal years. Amtrak 

13 shall submit updated 5-year capital asset plans to 

14 the Secretary of Transportation no later than 60 

15 days after the date of enactment of an appropria16 tions Act for the fiscal year. 

17 ‘‘(b) AMTRAK 5-YEAR BUSINESS LINE PLANS.— 

18 ‘‘(1) AMTRAK BUSINESS LINES.—Amtrak shall 

19 prepare a 5-year business line plan for each of the 

20 following business lines: 

21 ‘‘(A) Northeast Corridor, as defined by 

22 section 24102(5)(A). 

23 ‘‘(B) State corridors, as defined by section 

24 24102(5)(D). 


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1 ‘‘(C) Long-distance routes, as defined by 

2 section 24102(5)(C). 

3 ‘‘(D) National assets. 

4 ‘‘(2) CONTENTS OF 5-YEAR BUSINESS LINE

5 PLANS.—The 5-year business line plan for each busi6 ness line shall include, at a minimum: 

7 ‘‘(A) A statement of Amtrak’s vision, 

8 goals, and objectives for the business line, co9 ordinated with any entities that are contrib10 uting capital or operating funding to support 

11 passenger rail services within those business 

12 lines, and aligned with Amtrak’s Strategic Plan. 

13 ‘‘(B) All projected revenues and expendi14 tures for the business line, including identifica15 tion of revenues and expenditures incurred by— 

16 ‘‘(i) passenger operations; 

17 ‘‘(ii) non-passenger operations that 

18 are directly related to the business line, in19 cluding all ancillary business activities; and 

20 ‘‘(iii) governmental funding sources, 

21 including revenues and other funding re22 ceived from States. 

23 ‘‘(C) Projected ridership levels for all pas24 senger operations. 


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1 ‘‘(D) A prioritized list of capital projects, 

2 including identified funding sources, that is 

3 aligned with the Five-Year Capital Asset Plans 

4 described in subsection (c). 

5 ‘‘(E) Estimates of long-term and short6 term debt and associated principal and interest 

7 payments (both current and forecasts). 

8 ‘‘(F) Annual profit and loss statements 

9 and forecasts and balance sheets. 

10 ‘‘(G) Annual cash flow forecasts. 

11 ‘‘(H) A statement describing the meth12 odologies and significant assumptions under13 lying estimates and forecasts. 

14 ‘‘(I) Specific performance measures that 

15 demonstrate measurable improvement year over 

16 year in the financial results of Amtrak’s oper17 ations. 

18 ‘‘(J) Financial performance for each route 

19 within each business line, including descriptions 

20 of the cash operating loss and labor produc21 tivity for each route. 

22 ‘‘(K) Specific costs and savings estimates 

23 resulting from reform initiatives. 


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1 ‘‘(L) Prior fiscal year and projected equip2 ment reliability statistics, in coordination with 

3 the equipment capital asset plan. 

4 ‘‘(M) Identification and explanation of any 

5 adjustments made from previously approved 

6 plans. 

7 ‘‘(3) FIVE-YEAR BUSINESS LINE PLANS PROC8 ESS.—In meeting the requirements of this section, 

9 Amtrak shall— 

10 ‘‘(A) coordinate with the development of 

11 the capital asset plans described in subsection 

12 (c) and ensure integration of each 5-year busi13 ness line plan with the 5-year capital asset 

14 plans; 

15 ‘‘(B) for the Northeast Corridor business 

16 line plan, coordinate with the Northeast Cor17 ridor Infrastructure and Operations Advisory 

18 Commission, States, freight railroads, and com19 muter operators that access Northeast Corridor 

20 infrastructure; and 

21 ‘‘(C) ensure that Amtrak’s annual budget 

22 request to Congress is consistent with the infor23 mation in the 5-year business line plans. 


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1 ‘‘(4) STANDARDS TO PROMOTE FINANCIAL STA2 BILITY.—In meeting the requirements of subsection 

3 (b) of this section, Amtrak shall— 

4 ‘‘(A) apply sound budgetary practices; and 

5 ‘‘(B) use the categories specified in the fi6 nancial accounting and reporting system devel7 oped under section 203 of Division B of Public 

8 Law 110–432 when preparing its 5-year busi9 ness plans. 

10 ‘‘(c) AMTRAK 5-YEAR CAPITAL ASSET PLANS.— 

11 ‘‘(1) CAPITAL ASSET CATEGORIES.—Amtrak 

12 shall prepare a 5-year capital asset plan for each of 

13 the following capital asset categories: 

14 ‘‘(A) Infrastructure, including all North15 east Corridor assets and other Amtrak-owned 

16 infrastructure, and the associated engineering 

17 facilities that support the maintenance and im18 provement of those assets. 

19 ‘‘(B) Passenger rail equipment, including 

20 all rolling stock, locomotives, and mechanical 

21 shop facilities that are used to overhaul equip22 ment. 

23 ‘‘(C) Stations, including all Amtrak-served 

24 passenger rail stations. 


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1 ‘‘(D) Corporate, including assets such as 

2 information technology, training centers, and 

3 other capital items that support the national 

4 passenger rail system. 

5 ‘‘(2) CONTENTS OF 5-YEAR CAPITAL ASSET

6 PLANS.—Each capital asset plan shall include, at a 

7 minimum: 

8 ‘‘(A) A summary of Amtrak’s 5-year stra9 tegic plan for each asset category, including 

10 goals, objectives, any relevant performance 

11 metrics, and statutory or regulatory actions af12 fecting the assets; 

13 ‘‘(B) An inventory of existing Amtrak cap14 ital assets, including information regarding 

15 shared use or ownership, where applicable; and 

16 ‘‘(C) A prioritized list of proposed capital 

17 investments that— 

18 ‘‘(i) categorizes each capital project as 

19 being primarily associated with— 

20 ‘‘(I) normalized capital replace21 ment; 

22 ‘‘(II) backlog capital replace23 ment; 

24 ‘‘(III) improvements to support 

25 service enhancements or growth; or 


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1 ‘‘(IV) strategic initiatives that 

2 will improve overall operational per3 formance, lower costs, or otherwise 

4 improve Amtrak’s corporate efficiency; 

5 ‘‘(ii) identifies the anticipated funding 

6 source for each capital project; 

7 ‘‘(iii) describes the anticipated busi8 ness outcomes of each project, including: 

9 an assessment of the potential effect on 

10 passenger operations, safety, reliability and 

11 resilience, and on Amtrak’s ability to meet 

12 regulatory requirements should the project 

13 not be funded; and an assessment of the 

14 benefits and costs; 

15 ‘‘(iv) identifies where the capital as16 sets are or will be jointly used by intercity 

17 passenger rail service and other users, and 

18 that identifies the proportionate share of 

19 this joint usage; and 

20 ‘‘(v) for projects that are expected to 

21 be fully or partially funded through Fed22 eral grants, identifies the most appropriate 

23 public agency or entity to receive those 

24 funds and implement each capital project, 

25 in cases where that entity is not Amtrak. 


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1 ‘‘(3) 5-YEAR CAPITAL ASSET PLAN PROCESS.— 

2 In meeting the requirements of subsection (c) of this 

3 section, Amtrak shall— 

4 ‘‘(A) coordinate with the development of 

5 the business lines described in subsection (b)(1) 

6 of this section and ensure integration of each 5- 

7 year capital asset plan with the 5-year business 

8 line plans; and 

9 ‘‘(B) for the infrastructure capital asset 

10 plan described in subsection (c)(1)(A) of this 

11 section, coordinate with the Northeast Corridor 

12 Infrastructure and Operations Advisory Com13 mission, States, freight railroads, and com14 muter operators that access Northeast Corridor 

15 infrastructure.’’. 

16 (b) IDENTIFICATION OF DUPLICATIVE REPORTING

17 REQUIREMENTS.— 

18 (1) The Secretary shall review existing Amtrak 

19 reporting requirements and identify where these re20 quirements are duplicative with the business line and 

21 capital asset plans required by this section. 

22 (2) Where duplicative reporting requirements 

23 are administrative, the Secretary shall eliminate 

24 such duplicative requirements. 


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1 (3) The Secretary shall submit a report to Con2 gress with any recommendations for repealing dupli3 cative Amtrak reporting requirements. 

4 SEC. 9104. CLARIFICATION OF GRANT CONDITIONS. 

5 (a) RAIL CARRIERS.—Section 24405(b) is amend6 ed— 

7 (1) by striking the title and inserting: 

8 ‘‘(b) OPERATORS AND CERTAIN RAILROAD TRANS9 PORTATION SERVICE PROVIDERS DEEMED RAIL CAR10 RIERS AND EMPLOYERS FOR CERTAIN PURPOSES.—(1)’’; 

11 (2) after ‘‘operations over’’ by inserting ‘‘, or 

12 that performs dispatching, maintenance of way, or 

13 signal system work for, or in support of, rail oper14 ations that is work performed by employees in crafts 

15 and classes recognized by the National Mediation 

16 Board on,’’; 

17 (3) by replacing ‘‘(1)’’, ‘‘(2)’’, and ‘‘(3)’’ with 

18 ‘‘(A)’’, ‘‘(B)’’, and ‘‘(C)’’; and 

19 (4) by inserting at the end the following: 

20 ‘‘(2) Notwithstanding subsection (b) of this sec21 tion— 

22 ‘‘(A) an employer engaged primarily in the 

23 building and construction industry, as that 

24 term is used in section 8(f) of the National 

25 Labor Relations Act, which is performing work 


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1 as a contractor for a rail carrier shall not itself 

2 be considered a rail carrier solely as a result of 

3 performance of that work; 

4 ‘‘(B) an employer performing work as a 

5 contractor or subcontractor consistent with a 

6 collective bargaining agreement covering the 

7 railroad that owns rail infrastructure con8 structed or improved with funding provided in 

9 whole or in part in a grant made under this 

10 chapter shall not itself be considered a rail car11 rier solely as a result of performance of that 

12 work; and 

13 ‘‘(C) an employer performing work as a 

14 contractor for an operator in accordance with a 

15 collective bargaining agreement reached by the 

16 operator and a union representing employees in 

17 a craft or class recognized by the National Me18 diation Board covering work performed by that 

19 craft or class shall not itself be considered a rail 

20 carrier solely as a result of performance of that 

21 work.’’. 

22 (b) GRANT CONDITIONS.—Section 24405(c) is 

23 amended— 


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1 (1) by striking ‘‘railroad’’ and inserting ‘‘rail2 road or used by a railroad for common carrier serv3 ice’’; and 

4 (2) in subsection (c)(2), by striking ‘‘comply’’ 

5 and inserting ‘‘assure compliance’’. 

6 SEC. 9105. RESEARCH AND DEVELOPMENT. 

7 (a) RESEARCH, DEVELOPMENT, TESTING, AND

8 TRAINING.—Section 20108(a) is amended by inserting ‘‘, 

9 operations, and technology’’ after the word ‘‘safety’’. 

10 (b) TECHNICAL CORRECTION.—Section 24910 is 

11 amended by striking subsection (e). 

12 SEC. 9106. MISCELLANEOUS REVISIONS. 

13 (a) AMTRAK INDEBTEDNESS.—Division B of Public 

14 Law 110–432, the Passenger Rail Investment and Im15 provement Act of 2008, is amended— 

16 (1) by repealing section 204; and 

17 (2) by revising section 205(a) to read as fol18 lows: 

19 ‘‘(a) IN GENERAL.—The Secretary of the Treasury, 

20 in consultation with the Secretary and Amtrak, may make 

21 agreements to restructure Amtrak’s indebtedness as of the 

22 date of enactment of this Act. This authorization expires 

23 on September 30, 2021.’’. 

24 (b) CRIMINAL PENALTIES.—Section 21311 is amend25 ed as follows: 


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1 (1) Subsection (a) is amended by deleting ‘‘and 

2 willfully’’. 

3 (2) The following is inserted at the end: 

4 ‘‘(c) CRIMINAL PENALTY.—A person who knowingly 

5 violates a provision of this chapter shall, if the violator’s 

6 activities have led or could have led to death or serious 

7 injury, be fined under title 18, imprisoned for not more 

8 than 5 years, or both.’’. 

9 Subtitle B—Policy 

10 SEC. 9201. REGIONAL RAIL DEVELOPMENT AUTHORITIES. 

11 (a) IN GENERAL.—Part E of subtitle V is amended 

12 by inserting the following after chapter 287: 

13 ‘‘CHAPTER 289—REGIONAL RAIL 

14 DEVELOPMENT AUTHORITIES 

‘‘Sec. 

‘‘28901. Authority and objectives. 

‘‘28902. Structure. 

‘‘28903. Activities. 

15 ‘‘§ 28901. Authority and objectives 

16 ‘‘(a) AUTHORITY.—The Secretary, in consultation 

17 with State governors, is authorized to establish Regional 

18 Rail Development Authorities (hereafter referred to as 

19 ‘RRDAs’) to facilitate the development of multi-State 

20 high-performance rail services and to coordinate these in21 vestments with other rail, transit, highway, and aviation 

22 system services. 


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1 ‘‘(b) OBJECTIVES.—The objectives of RRDAs are as 

2 follows: 

3 ‘‘(1) To establish multi-State public entities 

4 that have the authority to plan and develop high5 speed and intercity passenger rail infrastructure and 

6 services within regions, in coordination with other 

7 planning and investment efforts in the region’s 

8 freight rail, transit, highway, and aviation infra9 structure. 

10 ‘‘(2) To develop and implement Regional Rail 

11 Development Plans that are consistent with the 

12 framework established in the National Passenger 

13 Rail Development Plan, including establishing a 

14 structure for State- and corridor-level planning ef15 forts. 

16 ‘‘(3) To support the prioritization of intercity 

17 passenger rail investments, taking into consideration 

18 the most logical, efficient, and cost-effective ap19 proach for developing the regional passenger rail 

20 network. 

21 ‘‘(4) To facilitate interoperability and integra22 tion across corridors and States within regions. 

23 ‘‘§ 28902. Structure 

24 ‘‘(a) GOVERNANCE.— 

25 ‘‘(1) EXECUTIVE DIRECTOR.— 


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1 ‘‘(A) APPOINTMENT.—An RRDA shall be 

2 administered by an Executive Director who is 

3 appointed by the Secretary. 

4 ‘‘(B) SUPERVISION.—The Executive Direc5 tor shall be subject to the supervision and direc6 tion of the Secretary consistent with the Execu7 tive Director’s responsibilities and other re8 quirements established in this chapter. 

9 ‘‘(C) EXPERTISE.—The Executive Director 

10 shall have demonstrated expertise in the fol11 lowing three areas: 

12 ‘‘(i) Passenger or freight rail oper13 ations. 

14 ‘‘(ii) Transportation or infrastructure 

15 planning. 

16 ‘‘(iii) Project, public, or corporate fi17 nance. 

18 ‘‘(D) AUTHORITY.—The Executive Direc19 tor shall be the chief executive officer of the 

20 RRDA, with such executive functions, powers, 

21 and duties as may be prescribed by this chapter 

22 or otherwise by the Secretary. 

23 ‘‘(E) RESPONSIBILITY.—The Executive Di24 rector shall have responsibility for the day-to25 day operations of the RRDA. In addition to the 


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1 other activities required to carry out the au2 thorities and purposes of the RRDA as set 

3 forth in this chapter, the Executive Director 

4 shall— 

5 ‘‘(i) establish and maintain a pas6 senger rail corridor development and deliv7 ery capability that consists of qualified 

8 transportation infrastructure planning, fi9 nancing, and construction professionals di10 rected to develop and deliver projects that 

11 are consistent with the strategy and objec12 tives set forth in the Regional Rail Devel13 opment Plan; and 

14 ‘‘(ii) establish and maintain a tech15 nical assistance capability at the RRDA 

16 that consists of a staff of qualified project 

17 management professionals directed to as18 sist other entities within the region that 

19 are implementing high-speed and intercity 

20 passenger rail projects. 

21 ‘‘(2) REGIONAL COMMITTEE.— 

22 ‘‘(A) ESTABLISHMENT.—There is estab23 lished within the RRDA a deliberative body to 

24 be known as the ‘Regional Committee’. 


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1 ‘‘(B) MEMBERSHIP.—The membership of 

2 the Regional Committee may be established and 

3 maintained as follows: 

4 ‘‘(i) Governors or their designees from 

5 all States in the region. 

6 ‘‘(ii) Other individuals and organiza7 tions the Secretary determines have a sig8 nificant interest in rail issues in the region. 

9 ‘‘(C) CONSULTATION.—The Regional Com10 mittee shall consult with— 

11 ‘‘(i) elected officials and other commu12 nity leaders in cities or counties affected 

13 by high-speed or intercity passenger rail 

14 projects; 

15 ‘‘(ii) economic development bodies; 

16 ‘‘(iii) business leaders in the region; 

17 ‘‘(iv) freight carriers with operations 

18 in the region; 

19 ‘‘(v) commuter rail agencies with op20 erations in the region; 

21 ‘‘(vi) rail labor; 

22 ‘‘(vii) regional transportation and air 

23 quality planning agencies; and 

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1 mines would provide valuable input into 

2 the Committee’s deliberations. 

3 ‘‘(D) RESPONSIBILITIES.—The Regional 

4 Committee shall be responsible for carrying out 

5 the following: 

6 ‘‘(i) Proposing to the Secretary the 

7 Regional Rail Development Plan within 

8 one year of the RRDA’s establishment and 

9 making recommendations to the Secretary 

10 for biennial updates. 

11 ‘‘(ii) Evaluating Service Development 

12 Plans and investment plans and related 

13 materials or other analyses prepared by 

14 the Executive Director for use in sup15 porting applications to the Secretary for 

16 Federal financial assistance and providing 

17 the Secretary with recommendations or 

18 written objections to the Plan and related 

19 materials as appropriate. 

20 ‘‘(iii) Making recommendations to the 

21 Secretary for the selection of private sector 

22 partners for designing, constructing, oper23 ating, or maintaining a corridor. 


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1 ‘‘(iv) Evaluating and making rec2 ommendations to the Secretary for the 

3 RRDA’s Annual Report. 

4 ‘‘(v) Making recommendations to the 

5 Secretary concerning the powers outlined 

6 in section 28903 of this title. 

7 ‘‘(E) MAJORITY VOTE.—An action or deci8 sion by the Regional Committee shall be by ma9 jority vote of all members, whether in person or 

10 in absentia. Each member shall be provided a 

11 reasonable opportunity to vote on all matters 

12 before the Regional Committee. 

13 ‘‘(F) PUBLICLY ACCESSIBLE MEETINGS.— 

14 All meetings of the Regional Committee shall be 

15 publicly accessible, and the Regional Committee 

16 shall also provide regular updates and informa17 tion on a publicly accessible Web site. 

18 ‘‘(b) EXEMPTION FROM FEDERAL ADVISORY COM19 MITTEE ACT.—The Federal Advisory Committee Act shall 

20 not apply to Regional Rail Development Authorities. 

21 ‘‘§ 28903. Activities 

22 ‘‘(a) CORRIDOR DEVELOPMENT POWERS.—Regional 

23 Rail Development Authorities established pursuant to this 

24 chapter shall have the power to undertake the following 

25 corridor development activities: 


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1 ‘‘(1) Planning for Core Express Corridors, Re2 gional Corridors, and Feeder Corridors within their 

3 jurisdiction, including leading the development of the 

4 Regional Rail Development Plan described in section 

5 22602 of this title and identifying proposed corridor 

6 alignments and station locations. 

7 ‘‘(2) Planning that addresses transportation 

8 issues and infrastructure investments for more effi9 cient movement of people and goods through and 

10 among corridors, including consideration of the most 

11 cost-effective transportation investments to address 

12 a specific region’s or corridor’s transportation needs 

13 for both people and goods. 

14 ‘‘(3) Preparing engineering studies, environ15 mental and health analyses, project management 

16 plans, financial plans, service development plans and 

17 other documentation necessary for developing and 

18 delivering new or improved high-speed or intercity 

19 passenger rail services. 

20 ‘‘(4) Receiving, managing, and expending Fed21 eral financial assistance, including taking responsi22 bility for all relevant reporting or other requirements 

23 associated with that financial assistance. 

24 ‘‘(5) Coordinating the financing package for 

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1 turing and overseeing Federal, State, and local fi2 nancial assistance funds, and private-sector con3 tributions. 

4 ‘‘(6) Leading construction-related activities for 

5 developing the corridor, including issuing requests 

6 for proposals/qualifications, managing contractors, 

7 entering into contracts with public and private enti8 ties for construction of the corridor, and other re9 lated activities. 

10 ‘‘(7) Acquiring and preserving right-of-way for 

11 dedicated corridors. 

12 ‘‘(8) Providing for or supporting negotiations 

13 with infrastructure owners for new or improved 

14 shared-use passenger rail corridors. 

15 ‘‘(9) Issuing requests for proposals for projects 

16 for the financing, design, construction, operation, 

17 and/or maintenance of a high-speed intercity pas18 senger rail system operating within the RRDA’s ju19 risdictions that shall include those items described in 

20 paragraph (a)(4) of section 502 of division B of 

21 Public Law 110–432. 

22 ‘‘(b) FUNDING ELIGIBILITY.—Regional Rail Develop23 ment Authorities are eligible to receive Federal funding 

24 under the Rail Service Improvement Program, as de25 scribed in section 24605 of this title.’’. 


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1 (b) RELATED AMENDMENT.—The analysis for sub2 title V is amended by inserting below the item for chapter 

3 287 the following: 

‘‘289. Authority and objectives ....................................................28901

‘‘ Structure ..........................................................................................28902

‘‘ Activities ...........................................................................................28903’’. 

4 SEC. 9202. NORTHEAST CORRIDOR INFRASTRUCTURE AND 

5 OPERATIONS ADVISORY COMMISSION. 

6 Section 24905 is amended as follows: 

7 (1) By revising subsection (c)(1)(B) to read as 

8 follows: 

9 ‘‘(B) develop a proposed timetable for imple10 menting the formula that allows for a phased-in 

11 schedule that incorporates a reasonable amount of 

12 time for agreements to be negotiated among affected 

13 parties, provided that the formula is fully imple14 mented no later than September 30, 2021.’’. 

15 (2) In subsection (e), by striking ‘‘2013’’ and 

16 replacing with ‘‘2021’’. 

17 (3) By inserting subsection (g) to read as fol18 lows: 

19 ‘‘(g) NORTHEAST CORRIDOR GOVERNANCE.—Not 

20 later than September 30, 2015, the Commission shall 

21 issue a report with recommendations regarding the appro22 priate mechanisms for managing, improving, financing, 

23 operating, and maintaining the Northeast Corridor, in24 cluding a clear delineation of responsibilities among the 


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1 Federal Government, States, and Amtrak. This report 

2 shall be submitted to the Secretary, the Committee on 

3 Commerce, Science, and Transportation of the Senate, 

4 and the Committee on Transportation and Infrastructure 

5 of the House of Representatives.’’. 

6 SEC. 9203. STANDARDIZATION OF PASSENGER EQUIPMENT 

7 AND PLATFORMS. 

8 (a) PASSENGER PLATFORMS.—Where level-entry 

9 boarding platforms are required by law— 

10 (1) new or rebuilt passenger platforms in Con11 necticut, Delaware, Maine, Massachusetts, New 

12 Hampshire, New Jersey, New York, Rhode Island, 

13 and Vermont shall be constructed and maintained at 

14 48 inches above top of rail; 

15 (2) new or rebuilt passenger platforms in Mary16 land and Pennsylvania shall be constructed and 

17 maintained at 15 or 48 inches above top of rail, in 

18 coordination with the lowest floor height of equip19 ment serving the platform; 

20 (3) new or rebuilt platforms at Union Station 

21 in Washington, DC, shall be built and maintained to 

22 facilitate level boarding for the equipment serving 

23 the platform; 


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1 (4) all other new or rebuilt passenger rail plat2 forms shall be built and maintained at 15 inches 

3 above top of rail; and 

4 (5) it is the intent of Congress to expressly pre5 empt State and local laws, regulations and rules on 

6 passenger platform height and setback. 

7 (b) EXCEPTIONS.— 

8 (1) A railroad owner may seek an exception to 

9 the passenger platform height requirements by pre10 senting information to the Federal Railroad Admin11 istration of an actual conflict between the require12 ment and an existing piece of equipment operated 

13 past the platform location. New or rebuilt passenger 

14 rail equipment used on any route with a platform 

15 excepted under this subpart must be equipped with 

16 an onboard lift. 

17 (2) A railroad owner may seek an exception to 

18 the passenger platform height requirements by pre19 senting information to the Federal Railroad Admin20 istration that it will provide level-boarding at a 

21 height other than that provided in subsection (a). 

22 (3) A system that is in operation on the date 

23 of this enactment that provides a level-boarding plat24 form at a height other than those described in sub25 section (a) may continue to provide such service. 


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1 SEC. 9204. NEXT GENERATION EQUIPMENT COMMITTEE. 

2 (a) REVISIONS TO DIVISION B OF PUBLIC LAW 110– 

3 432, THE PASSENGER RAIL INVESTMENT AND IMPROVE4 MENT ACT OF 2008.—Section 305 of division B of Public 

5 Law 110–432 is amended— 

6 (1) in subsection (a), by inserting ‘‘labor orga7 nizations that represent employees who perform 

8 overhaul and maintenance work on passenger equip9 ment used for intercity passenger rail transpor10 tation,’’ after ‘‘manufacturers,’’; 

11 (2) by redesignating paragraph (e) as para12 graph (f); and 

13 (3) by inserting new paragraph (e) to read as 

14 follows— 

15 ‘‘(e) RAIL EQUIPMENT MANAGEMENT.—Not later 

16 than December 30, 2015, the Next Generation Corridor 

17 Equipment Pool Committee shall issue a report with rec18 ommendations regarding the appropriate mechanisms for 

19 procuring, managing, and maintaining passenger rail cars 

20 and locomotives. This report shall be submitted to the Sec21 retary, the Committee on Commerce, Science, and Trans22 portation of the Senate, and the Committee on Transpor23 tation and Infrastructure of the House of Representa24 tives.’’. 


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1 SEC. 9205. BUY AMERICA. 

2 (a) IN GENERAL.—Part E of subtitle V is amended 

3 by inserting the following after chapter 285: 

4 ‘‘CHAPTER 287—BUY AMERICA 

5 PREFERENCES 

‘‘Sec. 

‘‘28701. Buying goods produced in the United States. 

‘‘28702. Fraudulent use of ‘Made in America’ label. 

6 ‘‘§ 28701. Buying goods produced in the United States 

7 ‘‘(a) PREFERENCE.— 

8 ‘‘(1) IN GENERAL.—Notwithstanding any other 

9 provision of law, the Secretary shall not obligate any 

10 funds authorized to be appropriated to carry out 

11 subtitle V of this title and administered by the De12 partment of Transportation, nor shall the Secretary 

13 provide direct loans or loan guarantees under section 

14 502 of the Railroad Revitalization and Regulatory 

15 Reform Act of 1976 (45 U.S.C. 822), unless steel, 

16 iron, and manufactured products used in the project 

17 are produced in the United States. 

18 ‘‘(2) NON-FEDERAL FUNDS.—Notwithstanding 

19 any other provision of law, rolling stock and power 

20 train equipment (including train control, commu21 nication, traction power equipment, and rolling stock 

22 prototypes) purchased with non-Federal funds in 

23 connection with a project receiving Federal financial 

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1 tion 502 of the Railroad Revitalization and Regu2 latory Reform Act of 1976 (45 U.S.C. 822), shall 

3 only use steel, iron, and manufactured products pro4 duced in the United States. 

5 ‘‘(b) WAIVER.—The Secretary may waive subsection 

6 (a) of this section if the Secretary finds that— 

7 ‘‘(1) applying subsection (a) would be incon8 sistent with the public interest; 

9 ‘‘(2) such materials and products produced in 

10 the United States are not produced in a sufficient 

11 and reasonably available amount or are not of a sat12 isfactory quality; 

13 ‘‘(3) the cost of the domestic material will in14 crease the cost of the end product by more than 25 

15 percent; or 

16 ‘‘(4) when procuring rolling stock or train con17 trol systems for high-speed rail, as that term is de18 fined by section 26105(2) of this title— 

19 ‘‘(A) the rolling stock and train control 

20 systems are manufactured in the United States 

21 substantially from components produced or 

22 manufactured in the United States; 

23 ‘‘(B) the rolling stock domestic material 

24 improvement plan required by subsection (c) of 

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1 rial content of the rolling stock and train con2 trol systems will be increased over the duration 

3 of the contract; and 

4 ‘‘(C) final assembly of the rolling stock 

5 and train control systems, not including proto6 types that will primarily be used to test the roll7 ing stock or train control systems, has occurred 

8 in the United States; and 

9 ‘‘(5) the waiver justifications contained in this 

10 subsection at paragraphs (1) through (3) apply to 

11 all steel, iron, and manufactured products, including 

12 all rolling stock. 

13 ‘‘(c) ROLLING STOCK DOMESTIC MATERIAL IM14 PROVEMENT PLAN.—All rolling stock procurements sub15 ject to the requirements of subsection (a) of this section 

16 shall require that rolling stock procurement proposals in17 clude a plan to increase the domestic material content of 

18 the rolling stock over the duration of the contract. This 

19 plan shall address increasing the domestic material con20 tent of all components and subcomponents. Significant 

21 weight shall be given in the proposal evaluation criteria 

22 for the plan achieving the most domestic material content. 

23 The recipient of the Federal financial assistance shall con24 duct an audit post-contract award to verify implementa25 tion of the plan. As determined appropriate by the SecVerDate Sep 11 2014 01:21 Jul 18, 2015 Jkt 049200 PO 00000 Frm 00565 Fmt 6652 Sfmt 6201 E:\BILLS\H3064.IH H3064

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1 retary, a certain amount of funding made available for the 

2 rolling stock procurement shall be used to implement the 

3 plan. 

4 ‘‘(d) LABOR COSTS.—For purposes of this section, 

5 labor costs involved in final assembly shall not be included 

6 in calculating the cost of components. 

7 ‘‘(e) WAIVER NOTICE AND COMMENT.—If the Sec8 retary determines that it is necessary to waive the applica9 tion of subsection (a) based on a finding under subsection 

10 (b), the Secretary shall, before the date on which such 

11 finding takes effect— 

12 ‘‘(1) make available to the public on the De13 partment of Transportation’s public Web site the 

14 waiver request and a detailed written justification as 

15 to why the waiver is needed; 

16 ‘‘(2) publish in the Federal Register a detailed 

17 written justification as to why the waiver is needed; 

18 and 

19 ‘‘(3) provide notice of such finding and an op20 portunity for public comment on such finding for a 

21 reasonable period of time not to exceed 15 days. 

22 ‘‘(f) WAIVER PROHIBITED.—The Secretary may not 

23 make a waiver under subsection (b) of this section for 

24 goods produced in a foreign country if the Secretary, in 


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1 consultation with the United States Trade Representative, 

2 decides that the government of that foreign country— 

3 ‘‘(1) has an agreement with the United States 

4 Government under which the Secretary has waived 

5 the requirement of this section; and 

6 ‘‘(2) has violated the agreement by discrimi7 nating against goods to which this section applies 

8 that are produced in the United States and to which 

9 the agreement applies. 

10 ‘‘(g) STATE REQUIREMENTS.—The Secretary may 

11 not impose any limitation on assistance provided under 

12 subtitle V of this title that restricts a State from imposing 

13 more stringent requirements than this section on the use 

14 of articles, materials, and supplies mined, produced, or 

15 manufactured in foreign countries, in projects carried out 

16 with that assistance, or restricts a recipient of that assist17 ance from complying with those State-imposed require18 ments. 

19 ‘‘(h) CERTIFICATION.—The Secretary may allow a 

20 manufacturer or supplier of steel, iron, or manufactured 

21 goods to correct after bid opening any certification of non22 compliance or failure to properly complete the certification 

23 (but not including failure to sign the certification) under 

24 this section if such manufacturer or supplier attests under 

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1 mitted an incorrect certification as a result of an inad2 vertent or clerical error. The burden of establishing inad3 vertent or clerical error is on the manufacturer or supplier. 

4 ‘‘(i) REVIEW.—A party adversely affected by an 

5 agency action under this section shall have the right to 

6 seek review under section 702 of title 5. 

7 ‘‘(j) MINIMUM COST.—The requirements of this sec8 tion shall only apply to contracts for which the costs ex9 ceed $100,000. 

10 ‘‘(k) INTERNATIONAL AGREEMENTS.—This section 

11 shall be applied in a manner consistent with United States 

12 obligations under international agreements. 

13 ‘‘§ 28702. Fraudulent use of ‘Made in America’ label 

14 ‘‘A person is ineligible to receive a contract or sub15 contract made with amounts authorized under subtitle V 

16 of this title or section 502 of the Railroad Revitalization 

17 and Regulatory Reform Act of 1976 (45 U.S.C. 822) if 

18 a court or department, agency, or instrumentality of the 

19 Government decides the person intentionally— 

20 ‘‘(1) affixed a ‘Made in America’ label, or a 

21 label with an inscription having the same meaning, 

22 to goods sold in or shipped to the United States that 

23 are used in a project to which this section applies, 

24 but were not produced in the United States; or 


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1 ‘‘(2) represented that goods described in para2 graph (1) of this section were produced in the 

3 United States.’’. 

4 (b) CONFORMING AMENDMENT.—The analysis for 

5 subtitle V is amended by inserting below the item for 

6 chapter 285 the following: 

‘‘287. Buy America preferences ...................................................28701

‘‘ Fraudulent use of ‘Made in America’label ...........................28702’’. 

7 (c) RELATED AMENDMENTS.— 

8 (1) Section 24305 is amended by repealing sub9 section (f). 

10 (2) Section 24405(a) is amended by redesig11 nating paragraphs (1) through (11), respectively, as 

12 paragraphs (2) through (12). 

13 (3) Section 24405(a) is amended by inserting 

14 at the beginning the following: 

15 ‘‘(1) This subsection applies to projects that 

16 have received Federal funding to carry out this 

17 chapter prior to the enactment of the Rail Safety, 

18 Reliability, and Efficiency for a Strong America 

19 Act.’’. 

20 SEC. 9206. RAIL PASSENGER TRANSPORTATION LIABILITY 

21 AND MANDATORY COVERAGE. 

22 (a) LIABILITY.—Section 28103 is amended as fol23 lows: 


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1 (1) By revising subsection (a)(2) by inserting, 

2 ‘‘including commuter rail passengers,’’ after the 

3 words ‘‘rail passenger,’’. 

4 (2) By revising subsection (b) to read as fol5 lows: 

6 ‘‘(b) CONTRACTUAL OBLIGATIONS.—A provider of 

7 rail passenger transportation may enter into contracts 

8 that allocate financial responsibility for claims and such 

9 contracts shall be enforceable notwithstanding any other 

10 provision of law, common law or public policy or the na11 ture of the conduct giving rise to the damages or liabil12 ity.’’. 

13 (3) By inserting at the end of subsection (e) the 

14 following: 

15 ‘‘(4) the term ‘rail passenger transportation’ in16 cludes commuter rail transportation.’’. 

17 (b) MANDATORY COVERAGE.—Subsection 28103(c) 

18 is amended by striking ‘‘Amtrak’’ and inserting ‘‘A pro19 vider of rail passenger transportation’’. 

20 SEC. 9207. SHARED-USE STUDY. 

21 (a) IN GENERAL.—The Secretary shall conduct a 

22 study, in consultation with, as appropriate, Amtrak, com23 muter, and other passenger rail operators, rail carriers 

24 that own rail infrastructure over which both passenger and 

25 freight trains operate, States, the Surface Transportation 


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1 Board, and groups representing rail passengers and cus2 tomers, in order to evaluate the shared-use of right-of-way 

3 by passenger and freight rail systems and the operational, 

4 institutional, and legal structures that would best support 

5 improvements to both of these systems. 

6 (b) AREAS OF STUDY.—In conducting the study, the 

7 Secretary shall evaluate— 

8 (1) the access and use of railroad right-of-way 

9 by a railroad that does not own the right-of-way. 

10 This evaluation shall include an analysis of pas11 senger rail services that operate over privately owned 

12 right-of-way, including access agreements, costs of 

13 access, and the resolution of disputes relating to 

14 such access or costs; 

15 (2) the effectiveness of existing contractual and 

16 regulatory mechanisms for establishing, measuring, 

17 and enforcing train performance standards, includ18 ing identification of gaps in those existing mecha19 nisms and designation of possible new approaches; 

20 (3) mechanisms for measuring and maintaining 

21 benefits resulting from publically funded freight and/ 

22 or intercity passenger rail improvements, including 

23 those improvements directed towards shared-use 

24 right-of-way; 


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1 (4) standard approaches to operations, capacity, 

2 and cost estimation modeling that allows for trans3 parent decisionmaking while also protecting the pro4 prietary interests of all parties; and 

5 (5) other issues identified by the Secretary. 

6 (c) REPORT.—Within 180 days after the establish7 ment of a dedicated Rail Account within the Transpor8 tation Trust Fund, the Secretary shall submit rec9 ommendations developed pursuant to subsections (a) and 

10 (b), including any legislative proposals consistent with 

11 such recommendations, to the Committee on Transpor12 tation and Infrastructure of the House of Representatives, 

13 and the Committee on Commerce, Science, and Transpor14 tation of the Senate. 

15 (d) IMPLEMENTATION.—The Secretary shall inte16 grate the recommendations submitted under subsection (c) 

17 into its financial assistance programs under subtitle V and 

18 section 502 of the Railroad Revitalization and Regulatory 

19 Reform Act of 1976 (45 U.S.C. 822), as appropriate. The 

20 Secretary may promulgate a rulemaking or rulemakings 

21 to integrate such recommendations, if appropriate. 

22 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated to the Secretary such 

24 sums as necessary to conduct the study described in this 

25 section, to remain available until expended. 


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1 SEC. 9208. DISADVANTAGED BUSINESS ENTERPRISES; DIS2 PARITY AND AVAILABILITY STUDY. 

3 (a) IN GENERAL.—The Secretary of Transportation 

4 shall continue actions to conduct a nationwide disparity 

5 and availability study to establish the availability and utili6 zation of small business concerns owned and controlled by 

7 socially and economically disadvantaged individuals 

8 (‘‘small disadvantaged businesses’’) in publicly funded 

9 railroad projects. 

10 (b) DEFINITIONS.—In this section: 

11 (1) SMALL BUSINESS CONCERN.—The term 

12 ‘‘small business concern’’ means a small business 

13 concern as the term is used in section 3 of the Small 

14 Business Act (15 U.S.C. 632). The term ‘‘small 

15 business concern’’ does not include any concern or 

16 group of concerns controlled by the same socially 

17 and economically disadvantaged individual or indi18 viduals that have average annual gross receipts dur19 ing the preceding 3 fiscal years in excess of 

20 $22,410,000, as adjusted annually by the Secretary 

21 for inflation. 

22 (2) SOCIALLY AND ECONOMICALLY DISADVAN23 TAGED INDIVIDUAL.—The term ‘‘socially and eco24 nomically disadvantaged individual’’ has the mean25 ing given the term in section 8(d) of the Small Busi26 ness Act (15 U.S.C. 637(d)) and relevant subconVerDate Sep 11 2014 01:21 Jul 18, 2015 Jkt 049200 PO 00000 Frm 00573 Fmt 6652 Sfmt 6201 E:\BILLS\H3064.IH H3064

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1 tracting regulations issued pursuant to that Act, ex2 cept that women shall be presumed to be socially 

3 and economically disadvantaged individuals for pur4 poses of this section. 

5 (c) REPORT.—Not later than 3 years after the date 

6 of enactment of this Act, the Secretary shall transmit to 

7 the Committee on Transportation and Infrastructure of 

8 the House of Representatives and the Committee on Com9 merce, Science, and Transportation of the Senate a report 

10 of the results of the nationwide disparity and availability 

11 study. 

12 (d) SECRETARIAL ACTION.—If the Secretary finds a 

13 strong basis in evidence demonstrating that gender or race 

14 discrimination or the effects of such discrimination is ad15 versely impacting the award and administration of con16 tracts to small disadvantaged businesses in Federal finan17 cial assistance programs for rail transportation adminis18 tered by the Department of Transportation, the Secretary 

19 should take appropriate and necessary action to remedy 

20 the effects of such discrimination. 

21 Subtitle C—Planning 

22 SEC. 9301. NATIONAL AND REGIONAL RAIL PLANNING. 

23 (a) IN GENERAL.—Part B of subtitle V is amended 

24 by inserting the following after chapter 225: 


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1 ‘‘CHAPTER 226—NATIONAL AND REGIONAL 

2 RAIL PLANNING 

‘‘Sec. 

‘‘22601. National rail development plan. 

‘‘22602. Regional rail development plans. 

3 ‘‘§ 22601. National rail development plan 

4 ‘‘(a) IN GENERAL.—Within 1 year after the date of 

5 the enactment of the GROW AMERICA Act, the Sec6 retary of Transportation shall complete a National Rail 

7 Development Plan. 

8 ‘‘(b) OBJECTIVES.—The objectives of the National 

9 Rail Development Plan are— 

10 ‘‘(1) to set forth national policy involving high11 performance rail transportation, including presenting 

12 priorities and strategies to enhance high-perform13 ance rail transportation; and 

14 ‘‘(2) to serve as the foundation for Regional 

15 Rail Development Plans. 

16 ‘‘(c) CONTENTS.—The National Rail Development 

17 Plan shall include the following elements: 

18 ‘‘(1) Conditions under which Federal invest19 ments in regional networks comprised of Core Ex20 press Corridors, Regional Corridors, and/or Feeder 

21 Corridors are justified, to include, at a minimum, 

22 parameters addressing the following criteria: 

23 ‘‘(A) Population size and density. 


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1 ‘‘(B) Projected population and economic 

2 growth and changing demographic characteris3 tics. 

4 ‘‘(C) Connections to local rail and bus 

5 transit and alternative transportation options. 

6 ‘‘(D) Economic profile of specific markets. 

7 ‘‘(E) Congestion on existing transportation 

8 facilities and constraints on future capacity en9 hancements, in relation to efficient movement of 

10 both goods and people. 

11 ‘‘(F) Distances between markets. 

12 ‘‘(G) Geographic characteristics. 

13 ‘‘(2) Conditions under which Federal invest14 ments in freight rail projects are justified. 

15 ‘‘(3) A discussion of benefits and costs of po16 tential investments in high-performance rail that 

17 considers both user and public benefits and costs 

18 from a network perspective, to include factors such 

19 as potential passenger ridership or freight tonnage 

20 changes, travel time reductions, enhanced mobility 

21 benefits, improved reliability and resilience, environ22 mental benefits, economic benefits, and other public 

23 benefits, including sensitivity analyses on these fac24 tors. 


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1 ‘‘(4) Issues related to timing and phasing for 

2 the implementation of potential Core Express Cor3 ridors, Regional Corridors, and Feeder Corridors. 

4 ‘‘(5) A strategy for investments in intermodal 

5 passenger stations that are linked to local public 

6 transportation and non-motorized transportation op7 tions, and that connect to residential areas, commer8 cial areas, and other nearby transportation facilities. 

9 ‘‘(6) Policies and strategies for improving the 

10 competitiveness of the Nation’s freight rail industry. 

11 ‘‘(7) Suggested performance standards for fiscal 

12 and operational performance of new and enhanced 

13 high-performance rail services by service type. 

14 ‘‘(8) General description of the environmental 

15 benefits or impacts related to the expansion of pas16 senger and freight rail networks, including analysis 

17 of climate change issues and implications. 

18 ‘‘(9) Recommendations regarding project fi19 nancing, management and implementation for cor20 ridor development, station development, and similar 

21 projects. 

22 ‘‘(10) Achievement of the objectives set forth in 

23 section 101 of the Rail for America Act. 


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1 ‘‘(11) Additional factors that the Secretary 

2 deems relevant for achieving the objectives of this 

3 subsection. 

4 ‘‘§ 22602. Regional rail development plans 

5 ‘‘(a) IN GENERAL.—The Secretary shall facilitate the 

6 development of a Regional Rail Development Plans to de7 scribe a multi-State region’s plans for a comprehensive 

8 and integrated rail network, including plans for public in9 vestment in projects that contribute towards efficient 

10 movement and increased capacity for freight, by either Re11 gional Rail Development Authorities, described in chapter 

12 289 of this title, or by any two or more States that have 

13 entered into interstate compacts, agreements, or organiza14 tions for the purpose of developing such a plan. 

15 ‘‘(b) FEDERAL SHARE INCENTIVE.—A project pro16 posal for Passenger Corridor funding that is consistent 

17 with an adopted Regional Rail Development Plan shall be 

18 eligible for a higher Federal share of total project costs 

19 under the Passenger Corridors program, as described in 

20 section 24605(b)(7)(B) of this title, provided that the Re21 gional Rail Development Plan meets the content and proc22 ess criteria set forth in this paragraph. 

23 ‘‘(c) CONTENTS AND PROCESS.— 

24 ‘‘(1) CONTENTS.—At a minimum, the Regional 

25 Rail Development Plan shall contain— 


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1 ‘‘(A) a map that shows specific alignment 

2 alternatives for the Core Express Corridors, Re3 gional Corridors, and Feeder Corridors that are 

4 consistent with the criteria established in the 

5 National Rail Development Plan and that iden6 tifies potential station locations; 

7 ‘‘(B) an examination of multi-modal cor8 ridors and connections that considers the most 

9 cost-effective means for achieving the region’s 

10 transportation goals and objectives; 

11 ‘‘(C) a phasing plan for developing or up12 grading specific segments of the regional net13 work; 

14 ‘‘(D) a capital cost estimate for developing 

15 the regional network; 

16 ‘‘(E) an analysis of operating financial 

17 forecasts, including high-level ridership and rev18 enue projections; 

19 ‘‘(F) a benefit-cost analysis for the re20 gional network that considers both user and 

21 public benefits and costs from a network per22 spective, to include factors such as ridership 

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1 ience, environmental benefits, economic bene2 fits, and other public benefits; 

3 ‘‘(G) an analysis of potential land use poli4 cies and strategies for areas near high-perform5 ance rail stations; 

6 ‘‘(H) general description of the environ7 mental benefits or impacts that could result 

8 from implementation of the Regional Rail De9 velopment Plan, including analysis of climate 

10 change issues and implications; 

11 ‘‘(I) consideration of the goals, policies, 

12 and investment priorities described in highway 

13 and transit plans developed by States and met14 ropolitan planning organizations within the re15 gion; 

16 ‘‘(J) potential non-Federal funding 

17 sources, including a detailed consideration of 

18 anticipated private sector participation; 

19 ‘‘(K) a proposal for the institutional and 

20 governance structures that will be necessary to 

21 develop, operate, and maintain the regional net22 work; 

23 ‘‘(L) other project implementation consid24 erations, including an analysis of the readiness 

25 of specific corridors to proceed for development 


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1 as evidenced by the completion of service devel2 opment planning and environmental analyses; 

3 ‘‘(M) identification of plans for cost-effec4 tive, public investment in shared-benefit 

5 projects that contribute toward the efficient 

6 movement and increased capacity for freight 

7 rail operations; and 

8 ‘‘(N) evidence of support from affected 

9 States and local jurisdictions. 

10 ‘‘(2) PROCESS.—At a minimum, the process for 

11 creating the Regional Rail Development Plan shall 

12 fulfill the following: 

13 ‘‘(A) Be led and formally adopted either— 

14 ‘‘(i) by a Regional Rail Development 

15 Authority, as described in chapter 289 of 

16 this title, with the final plan being formally 

17 adopted by the Regional Rail Development 

18 Authority; or 

19 ‘‘(ii) by two or more States that have 

20 jointly engaged in the planning process, 

21 with the final plan being formally incor22 porated into the State Rail Plans, State 

23 Freight Plans, and Statewide Transpor24 tation Improvement Plans of each State, 

25 as applicable. 


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1 ‘‘(B) Ensure substantial opportunities for 

2 involvement of affected stakeholders, including 

3 but not limited to local communities, elected of4 ficials, economic development bodies, business 

5 leaders, railroad infrastructure owners, regional 

6 air quality planning agencies, Amtrak, pas7 senger rail service operators, freight railroad 

8 operators, representatives of rail labor, metro9 politan planning organizations, governing au10 thorities for transit systems or airports, Tribal 

11 governments, and the general public, including 

12 local communities, low-income and minority 

13 populations, people with disabilities, and older 

14 Americans. 

15 ‘‘(C) Provide the stakeholders, including 

16 those listed in subparagraph (B), reasonable op17 portunity to comment on and participate in the 

18 development and implementation of the Plans, 

19 particularly with regard to subsection (c)(1)(A) 

20 and (G). 

21 ‘‘(d) CONSISTENCY WITH NATIONAL RAIL DEVELOP22 MENT PLAN.— 

23 ‘‘(1) ELIGIBILITY.—In order to be eligible for 

24 Federal funding through the Passenger Corridor 

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1 ridor, or Feeder Corridor identified in the Regional 

2 Rail Development Plan shall be consistent with the 

3 parameters identified in the National Rail Develop4 ment Plan. 

5 ‘‘(2) UPDATES.—In the event that the Regional 

6 Rail Development Plan is adopted prior to publica7 tion of the National Rail Development Plan, the Re8 gional Plan shall be updated within 1 year of the 

9 publication of the National Plan. 

10 ‘‘(3) WAIVER.—The Secretary may waive re11 quirements under this subsection as necessary to ac12 commodate unique characteristics and situations in 

13 specific regions. 

14 ‘‘(e) FINANCIAL ASSISTANCE.—Planning activities to 

15 create a Regional Rail Development Plan are eligible to 

16 receive Planning grants, as described in subsection 

17 24605(e) of this title. The Federal share of such a grant 

18 shall not exceed 80 percent of the total cost of the 

19 project.’’. 

20 (b) REVISIONS TO THE UNITED STATES CODE.—Sec21 tion 103(j) is amended— 

22 (1) by striking paragraphs (2) and (3); and 

23 (2) by redesignating paragraphs (4) through 

24 (7), respectively, as paragraphs (2) through (5). 


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1 SEC. 9302. STATE RAIL PLANS. 

2 Chapter 227 of Part B is amended— 

3 (1) in section 22702(b)(4), by striking ‘‘5 years 

4 for reapproval by the Secretary’’ and inserting ‘‘4 

5 years for acceptance by the Secretary’’; and 

6 (2) by striking section 22705(a)(12). 

7 Subtitle D—Safety Improvements 

8 SEC. 9401. REQUIREMENT FOR UNIFORM OPERATING 

9 RULES. 

10 (a) AMENDMENT.—Chapter 201, as amended by this 

11 Act, is further amended by adding at the end the following 

12 new section: 

13 ‘‘§ 20168. Uniform operating rules 

14 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

15 may prescribe regulations or issue orders to require in 

16 small geographic areas, as defined by the Secretary, where 

17 two or more railroads serve as host railroads for joint op18 erations that occur within a small geographic area, all 

19 such host railroads in the small geographic area shall de20 velop unified operating rules governing all operations with21 in the small geographic area with respect to the following: 

22 ‘‘(1) signal aspects and indications, such that 

23 no aspect represents multiple indications for any op24 erations within the small geographic area; 

25 ‘‘(2) after-arrival mandatory directives, such 

26 that the use of an after-arrival mandatory directive 


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1 is prohibited for any operations in non-signaled ter2 ritory within the small geographic area; and 

3 ‘‘(3) forms used to convey track authority, such 

4 that track authority for any operations within the 

5 small geographic area is conveyed using an identical 

6 set of forms. 

7 ‘‘(b) CONSTRUCTION.—Nothing in this section shall 

8 be construed to limit the authority of the Secretary to pre9 scribe regulations or issue orders not authorized by this 

10 section.’’. 

11 (b) CONFORMING AMENDMENT.—The chapter anal12 ysis for chapter 201 is amended by inserting after the item 

13 relating to section 20167 the following: 

‘‘20168. Uniform operating rules.’’. 

14 SEC. 9402. POSITIVE TRAIN CONTROL. 

15 (a) IMPLEMENTATION.—Section 20157(a) is revised 

16 to read as follows: 

17 ‘‘(a) IMPLEMENTATION.— 

18 ‘‘(1) WHERE IMPLEMENTATION REQUIRED.— 

19 Each Class I railroad carrier and each entity pro20 viding regularly scheduled intercity or commuter rail 

21 passenger transportation shall develop and submit to 

22 the Secretary of Transportation a plan for imple23 menting a positive train control system by December 

24 31, 2015, governing operations on— 


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1 ‘‘(A) its main line over which intercity rail 

2 passenger transportation or commuter rail pas3 senger transportation, as defined in section 

4 24102, is regularly provided; 

5 ‘‘(B) its main line over which poison- or 

6 toxic-by-inhalation hazardous materials, as de7 fined in sections 171.8, 173.115, and 173.132 

8 of title 49, Code of Federal Regulations, are 

9 transported; and 

10 ‘‘(C) such other tracks as the Secretary 

11 may prescribe by regulation or order. 

12 ‘‘(2) INTEROPERABILITY AND

13 PRIORITIZATION.—The plan shall describe how the 

14 railroad carrier or other entity subject to subsection 

15 (a)(1) will provide for interoperability of the system 

16 with movements of trains of other railroad carriers 

17 over its lines and shall, to the extent practical, im18 plement the system in a manner that addresses 

19 areas of greater risk before areas of lesser risk. The 

20 railroad carrier or other entity shall implement a 

21 positive train control system in accordance with the 

22 plan. 

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1 tems to ensure successful implementation of positive 

2 train control systems. 

3 ‘‘(4) EXTENSION AUTHORITY.—The Secretary 

4 may extend the implementation deadline for one or 

5 more railroad carriers or other entities set by regula6 tions prescribed pursuant to paragraph (1) and 

7 paragraph (3) if the Secretary determines that— 

8 ‘‘(A) the railroad carrier or other entity 

9 has encountered technical programmatic chal10 lenges, as identified by the Secretary in his 

11 2012 report to Congress pursuant to subsection 

12 (d), and those challenges have negatively af13 fected the successful implementation of positive 

14 train control systems; 

15 ‘‘(B) the railroad carrier or other entity 

16 has demonstrated substantial progress in de17 ploying positive train control to the extent fea18 sible; 

19 ‘‘(C) the railroad carrier or other entity 

20 has taken actions to mitigate risks to successful 

21 implementation, as identified by the Secretary 

22 in his 2012 report to Congress pursuant to sub23 section (d); and 


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1 ‘‘(D) the railroad carrier or other entity is 

2 proceeding to implement its plan expeditiously 

3 and successfully.’’. 

4 (b) PROVISIONAL OPERATION.—Section 20157(h) is 

5 amended to read as follows: 

6 ‘‘(h) CERTIFICATION.— 

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

8 permit the installation of any positive train control 

9 system or component in revenue service unless the 

10 Secretary has certified that any such system or com11 ponent has been approved through the approval 

12 process set forth in part 236 of title 49, Code of 

13 Federal Regulations, and complies with the require14 ments of that part. 

15 ‘‘(2) PROVISIONAL OPERATION.—The Secretary 

16 may permit, upon submission of a positive train con17 trol implementation plan, the provisional operation 

18 of a positive train control system or component in 

19 revenue service where the development of the system 

20 or component has been approved by the Secretary 

21 through the process set forth in part 236 of title 49, 

22 Code of Federal Regulations, complies with the re23 quirements of that part, and complies with any con24 ditions the Secretary may provide for such provi25 sional operation.’’. 


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1 (c) ALTERNATIVE PROTECTION.—After subsection 

2 (i) of section 20157, the following is inserted: 

3 ‘‘(j) EXCEPTION FOR ALTERNATIVE PROTECTION.— 

4 ‘‘(1) Notwithstanding the other provisions of 

5 this section, a railroad may petition the Secretary to 

6 implement alternative risk mitigation strategies on a 

7 particular main line in place of a positive train con8 trol system that would otherwise be required to be 

9 installed on such line under this section if such risk 

10 mitigation strategies incorporate alternative tech11 nology or operating practices. 

12 ‘‘(2) The Secretary may approve a plan to use 

13 such alternate risk mitigation strategies under this 

14 provision on a main line identified by a railroad car15 rier or other entity in a plan submitted to the Sec16 retary if the Secretary determines that— 

17 ‘‘(A) the use of the alternative strategies 

18 will not result in a decrease in the level of safe19 ty from that currently existing on the line; 

20 ‘‘(B) the alternative strategies provide an 

21 appropriate level of risk mitigation with regards 

22 to preventing the risks identified in subsection 

23 (i)(3); and 

24 ‘‘(C) the alternative risk mitigation strate25 gies will be implemented as soon as possible.’’. 


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1 (d) SPECTRUM.—Chapter 201, as amended by this 

2 Act, is further amended by adding the following new sec3 tion: 

4 ‘‘§ 20169. Federal Communications Commission spec5 trum 

6 ‘‘Not later than 120 days after the date of enactment 

7 of the Rail for America Act, the Secretary of Transpor8 tation and the Chairman of the Federal Communications 

9 Commission shall coordinate to assess spectrum needs and 

10 availability for implementing positive train control sys11 tems, as defined in section 20157 of this title. Such coordi12 nation may include conversations with external stake13 holders.’’. 

14 (e) CONFORMING AMENDMENT.—The chapter anal15 ysis for chapter 201, as amended by this Act, is further 

16 amended by inserting after the item relating to section 

17 20168 the following: 

‘‘20169. Federal Communications Commission spectrum.’’. 

18 SEC. 9403. HOURS OF SERVICE REFORM. 

19 (a) CESSATION OF EFFECTIVENESS.—Chapter 211, 

20 as amended by this Act, shall cease to be effective upon 

21 the effective date of the regulations mandated by sub22 section (c) of this section. 

23 (b) AMENDMENT.—Upon the effective date of the 

24 regulations mandated by subsection (c) of this section— 


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1 (1) the first sentence of section 20103(a) is 

2 amended to read as follows: 

3 ‘‘(1) The Secretary of Transportation, as nec4 essary, shall prescribe regulations and issue orders 

5 for every area of railroad safety— 

6 ‘‘(A) superseding the Federal hours of 

7 service laws formerly codified at chapter 211 of 

8 this title and regulations and orders pursuant 

9 to those laws; and 

10 ‘‘(B) supplementing other regulations and 

11 other laws in effect on October 16, 1970.’’; and 

12 (2) the second sentence of section 20103(a), as 

13 amended by this Act, is designated as paragraph 

14 (2). 

15 (c) AMENDMENT.—Chapter 201, as amended by this 

16 Act, is further amended by adding at the end the following 

17 new section: 

18 ‘‘§ 20171. Fatigue, including hours of service 

19 ‘‘(a) MANDATE TO CONVERT STATUTE TO REGULA20 TIONS; NONREVIEWABILITY; CESSATION OF EFFECTIVE21 NESS OF CHAPTER 211.— 

22 ‘‘(1) The Secretary of Transportation shall pre23 scribe regulations embodying the substantive provi24 sions of the Federal hours of service laws codified at 

25 sections 21101–21106, 21108, and 21109 of this 


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1 title and in so doing may make changes necessary to 

2 transform those provisions into regulatory form. 

3 ‘‘(2) Notwithstanding any other provision of 

4 law, these regulations shall not be subject to judicial 

5 review. 

6 ‘‘(3) Upon the effective date of the regulations 

7 prescribed under this subsection (a) (the status quo 

8 regulations), chapter 211 of this title shall cease to 

9 be effective. 

10 ‘‘(b) AUTHORITY TO PRESCRIBE AMENDMENTS TO

11 THE STATUS QUO REGULATIONS.—After the Secretary 

12 has prescribed the regulations mandated by subsection (a) 

13 and after the regulations mandated by subsection (a) have 

14 become effective, the Secretary may amend the regulations 

15 as the Secretary deems necessary in accordance with the 

16 Secretary’s general authority under section 20103 of this 

17 title, to prevent and mitigate fatigue among individuals 

18 performing safety-critical duties in train and engine serv19 ice, signal or train control service, or dispatching service, 

20 whether or not directly employed by a railroad carrier. 

21 ‘‘(c) DETERMINATIONS COMMITTED TO THE DISCRE22 TION OF THE SECRETARY.—In the prescription of any 

23 final rule amendment by the Secretary to the regulations 

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1 edge and literature relating to fatigue, scientific and med2 ical research on circadian rhythms and human sleep and 

3 rest requirements, reasonable levels of fatigue prevention 

4 or fatigue mitigation, and other related determinations 

5 and applications of scientific knowledge and literature are 

6 committed to the discretion of the Secretary.’’. 

7 (d) CONFORMING AMENDMENT.—The chapter anal8 ysis for chapter 201, as amended by this Act, is further 

9 amended by inserting after the item relating to section 

10 20170 the following: 

‘‘20171. Fatigue, including hours of service.’’. 

11 (e) AMENDMENT.—Effective upon the effective date 

12 of the regulations prescribed under subsection (c) of this 

13 section, the following new section of chapter 201, as 

14 amended by this Act, shall become effective: 

15 ‘‘§ 20172. Maximum duty hours and subjects of collec16 tive bargaining 

17 ‘‘The number of hours that an employee may be re18 quired or allowed to be on duty (a number formerly estab19 lished by the Federal hours of service laws, formerly codi20 fied at chapter 211 of this title, and presently established 

21 under section 20171 of this title) is the maximum number 

22 of hours consistent with safety. Shorter hours of service 

23 and time on duty of an employee are proper subjects for 

24 collective bargaining between a railroad carrier and its em25 ployees.’’. 


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1 (f) CONFORMING AMENDMENT.—Effective upon the 

2 effective date of regulations prescribed under subsection 

3 (c) of this section, the following new item in the chapter 

4 analysis for chapter 201, as amended by this Act, shall 

5 become effective: 

‘‘20172. Maximum duty hours and subjects of collective bargaining.’’. 

6 SEC. 9404. AMENDMENTS TO THE SAFETY APPLIANCE LAW. 

7 (a) AMENDMENT.—Section 20303 is amended by 

8 adding at the end the following new subsections: 

9 ‘‘(d) DEFINITIONS AND CLARIFICATION.—In sub10 section (a)— 

11 ‘‘(1) ‘place at which the repairs can be made’ 

12 means— 

13 ‘‘(A) a location with a fixed facility for 

14 conducting the repairs that are necessary to 

15 bring the defective or insecure vehicle into com16 pliance with this chapter; or 

17 ‘‘(B) a location where a mobile repair 

18 truck capable of making the repairs that are 

19 necessary to bring the defective or insecure ve20 hicle into compliance with this chapter makes 

21 the same kind of repair at the location regularly 

22 (as specified in regulations prescribed by the 

23 Secretary); 


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1 ‘‘(2) ‘nearest’ means the closest in the forward 

2 direction of travel for the defective or insecure vehi3 cle; and 

4 ‘‘(3) movement of a defective or insecure vehicle 

5 from a location is ‘necessary to make repairs’ of the 

6 vehicle even though a mobile repair truck capable of 

7 making the repairs has gone to the location on an 

8 irregular basis (as specified in regulations prescribed 

9 by the Secretary). 

10 ‘‘(e) ADDITIONAL CONDITIONS FOR MOVEMENT TO

11 MAKE REPAIRS.—The Secretary of Transportation may 

12 impose conditions for the movement of a defective or inse13 cure vehicle to make repairs in addition to those conditions 

14 set forth in subsection (a) by prescribing regulations or 

15 issuing orders as necessary.’’. 

16 (b) AMENDMENT.—Section 20306 is amended by— 

17 (1) striking the word ‘‘or’’ at the end of sub18 section (b)(1); 

19 (2) striking the period at the end of subsection 

20 (b)(2) and inserting ‘‘; or’’; and 

21 (3) adding at the end a new subsection (b)(3) 

22 to read as follows: 

23 ‘‘(3) a regulation as contemplated by section 

24 553 of title 5, United States Code.’’. 


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1 SEC. 9405. AMENDMENTS TO THE LOCOMOTIVE INSPEC2 TION LAW. 

3 (a) AMENDMENT.—Section 20701 is amended by— 

4 (1) redesignating its text as subsection (a) with 

5 the heading ‘‘GENERAL.—’’; 

6 (2) striking the word ‘‘and’’ at the end of sub7 section (a)(2); 

8 (3) striking the period at the end of subsection 

9 (a)(3) and inserting ‘‘; and’’; and 

10 (4) adding at the end a new subsection (a)(4) 

11 to read as follows: 

12 ‘‘(4) if of a unique design or utilizing a new 

13 power source technology, have been approved in ad14 vance by the Secretary.’’. 

15 (b) AMENDMENT.—Section 20701, as amended by 

16 this Act, is further amended by adding at the end the fol17 lowing: 

18 ‘‘(b) DEFINITIONS.—For the purposes of subsection 

19 (a)(4), the term ‘new power source technology’ means a 

20 technology that employs a source of motive power other 

21 than diesel fuel, electricity, or steam.’’. 

22 SEC. 9406. TECHNICAL AMENDMENT TO THE PROVISION ON 

23 PROTECTION OF RAILROAD SAFETY RISK RE24 DUCTION PROGRAM INFORMATION. 

25 Section 20119(b) is amended to read as follows: 


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1 ‘‘(b) AUTHORITY.—Following completion of the study 

2 required under subsection (a), the Secretary, if in the pub3 lic interest, including public safety and the legal rights of 

4 persons injured in railroad accidents, may prescribe a rule 

5 subject to notice and comment to address the results of 

6 the study. This rule may include provisions that withhold 

7 from discovery or admission into evidence (in the course 

8 of civil litigation for damages involving personal injury, 

9 wrongful death, or property damage against a carrier) any 

10 plan, document, report, survey, schedule, list, or data com11 piled or collected solely for the purpose of developing, eval12 uating, planning, or implementing a railroad safety risk 

13 reduction program required under this chapter, including 

14 a railroad carrier’s analysis of its safety risks and its 

15 statement of the mitigation measures with which it will 

16 address those risks. Any such rule prescribed pursuant to 

17 this subsection shall not become effective until 1 year after 

18 its adoption.’’. 

19 SEC. 9407. NOISE EMISSION STANDARDS. 

20 (a) IN GENERAL.—Chapter 201, as amended by this 

21 Act, is further amended by adding at the end the fol22 lowing: 

23 ‘‘§ 20170. Noise emission standards 

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1 tion Agency, may prescribe regulations governing railroad2 related noise emission standards for railroad carriers oper3 ating on the general railroad system of transportation, in4 cluding noise related to magnetic levitation systems. Such 

5 regulations may consider variances in maximum pass-by 

6 noise with respect to the speed of the equipment, account 

7 for current engineering best practices, and encourage the 

8 use of noise mitigation techniques only where reasonable 

9 and the benefits exceed the costs.’’. 

10 (b) CONFORMING AMENDMENT.—The chapter anal11 ysis for chapter 201, as amended by this Act, is further 

12 amended by inserting after the item relating to section 

13 20169 the following: 

‘‘20170. Noise emission standards.’’. 

14 SEC. 9408. TECHNICAL AMENDMENT TO CHAPTER 201 GEN15 ERAL CIVIL PENALTY PROVISION. 

16 Section 21301(a)(1), as amended by this Act, is fur17 ther amended by inserting immediately before the last sen18 tence the following: ‘‘An act by an individual that causes 

19 a railroad carrier to be in violation is a violation.’’. 

20 SEC. 9409. MISCELLANEOUS AUTHORIZATION OF APPRO21 PRIATIONS. 

22 (a) HIGHWAY-RAIL GRADE CROSSING SAFETY

23 STUDY.—There are authorized to be appropriated to the 

24 Secretary such sums as necessary to conduct a study of 

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1 ings, including the severity, frequency, and other charac2 teristics of such blockages, to remain available until ex3 pended. For the purpose of this paragraph the term ‘‘high4 way-rail grade crossing’’ has the definition given in section 

5 20153(a) of title 49, United States Code. 

6 (b) TRACK ELECTRIFICATION STUDY.—There are 

7 authorized to be appropriated to the Secretary such sums 

8 as necessary to conduct a study of track electrification and 

9 the development of standards for track electrification, to 

10 remain available until expended. 

11 (c) TRAIN LENGTH STUDY.—There are authorized to 

12 be appropriated to the Secretary such sums as necessary 

13 to conduct a study of whether train length correlates with 

14 the severity and frequency of train derailments, to remain 

15 available until expended. 

16 SEC. 9410. REPAIR AND REPLACEMENT OF DAMAGED 

17 TRACK INSPECTION EQUIPMENT. 

18 Part A of subtitle V is amended by inserting the fol19 lowing after section 20120: 

20 ‘‘§ 20121. Repair and replacement of damaged track 

21 inspection equipment 

22 ‘‘The Secretary of Transportation may receive and 

23 expend cash, or receive and utilize spare parts and similar 

24 items, from non-United States Government sources to re25 pair damages to or replace United States Government 


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1 owned automated track inspection cars and equipment as 

2 a result of third-party liability for such damages, and any 

3 amounts collected under this section shall be credited di4 rectly to the Railroad Safety and Operations account of 

5 the Federal Railroad Administration, and shall remain 

6 available until expended for the repair, operation, and 

7 maintenance of automated track inspection cars and 

8 equipment in connection with the automated track inspec9 tion program.’’. 

10 Subtitle E—Miscellaneous Revi11 sions and Technical Corrections 

12 SEC. 9501. AUTHORIZATION OF APPROPRIATIONS. 

13 (a) AUTHORIZATION.—Section 20117(a) is amended 

14 to read as follows: 

15 ‘‘(a) IN GENERAL.—There are authorized to be ap16 propriated to the Secretary of Transportation to carry out 

17 this subtitle and to carry out responsibilities under chapter 

18 51, as delegated or authorized by the Secretary, the fol19 lowing sums: 

20 ‘‘(1) $185,250,000 for fiscal year 2016. 

21 ‘‘(2) For fiscal year 2017 such sums as may be 

22 necessary. 

23 ‘‘(3) For fiscal year 2018 such sums as may be 

24 necessary. 


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1 ‘‘(4) For fiscal year 2019 such sums as may be 

2 necessary. 

3 ‘‘(5) For fiscal year 2020 such sums as may be 

4 necessary. 

5 ‘‘(6) For fiscal year 2021 such sums as may be 

6 necessary.’’. 

7 (b) TECHNICAL CORRECTIONS.— 

8 (1) Section 20117 is amended by striking sub9 section (e). 

10 (2) Section 20154 is amended by striking sub11 section (i). 

12 (3) Section 20158 is amended by striking sub13 section (c). 

14 (4) Section 20167 is amended by striking sub15 section (e). 

16 (5) Chapter 221 is amended by striking section 

17 22108. 

18 (6) Section 22301 is amended by striking sub19 section (g). 

20 (7) Chapter 225 is amended by striking section 

21 22505. 

22 (8) Chapter 241 is amended by striking section 

23 24104. 

24 (9) Section 24105 is amended by striking sub25 section (e). 


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1 (10) Chapter 244 is amended by striking sec2 tion 24406. 

3 (11) Chapter 249 is amended by striking sec4 tion 24909. 

5 (12) Section 24910 is amended by striking sub6 section (e). 

7 (13) Section 26104 is amended by— 

8 (A) striking subsection (a); and 

9 (B) redesignating subsection (b) as (a). 

10 (14) Section 26106 is amended by striking sub11 section (h). 

12 SEC. 9502. TECHNICAL CORRECTIONS TO THE RAIL SAFETY 

13 IMPROVEMENT ACT OF 2008. 

14 (a) FEDERAL RAILROAD ADMINISTRATION.—Section 

15 103(c) is amended by striking ‘‘the Administration shall 

16 consider the assignment and maintenance of safety as the 

17 highest priority,’’ and inserting ‘‘the Administration shall 

18 consider the improvement of safety as the highest pri19 ority,’’. 

20 (b) ASSISTANCE TO FAMILIES OF PASSENGERS IN21 VOLVED IN RAIL PASSENGER ACCIDENTS.—Section 1139 

22 is amended— 

23 (1) in subsection (a)(1) by striking ‘‘phone 

24 number’’ and inserting ‘‘telephone number’’; 


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1 (2) in subsection (a)(2) by striking ‘‘post trau2 ma communication with families’’ and inserting 

3 ‘‘post-trauma communication with families’’; and 

4 (3) in subsection (j)(2) by striking ‘‘railroad 

5 passenger accident’’ and inserting ‘‘rail passenger 

6 accident’’. 

7 (c) SOLID WASTE RAIL TRANSFER FACILITIES

8 LAND-USE EXEMPTION.—Section 10909 is amended— 

9 (1) in subsection (b), in the matter preceding 

10 paragraph (1), by striking ‘‘Clean Railroad Act of 

11 2008,’’ and inserting ‘‘Clean Railroads Act of 

12 2008,’’; and 

13 (2) in subsection (e) by striking ‘‘Upon the 

14 granting of petition from the State’’ and inserting 

15 ‘‘Upon the granting of a petition from the State’’. 

16 (d) RULEMAKING PROCESS.—Section 20116 is 

17 amended— 

18 (1) by inserting ‘‘(1)’’ after ‘‘unless’’; and 

19 (2) by inserting ‘‘(2)’’ before ‘‘the code, rule, 

20 standard, requirement, or practice has been subject 

21 to notice and comment under a rule or order issued 

22 under this part.’’. 

23 (e) ENFORCEMENT REPORT.—Section 20120(a) is 

24 amended— 


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1 (1) in the matter preceding paragraph (1), by 

2 striking ‘‘website’’ and inserting ‘‘Web site’’; 

3 (2) in paragraph (1), by striking ‘‘accident and 

4 incidence reporting’’ and inserting ‘‘accident and in5 cident reporting’’; 

6 (3) in paragraph (2)(G), by inserting ‘‘and’’ at 

7 the end; and 

8 (4) in paragraph (5)(B) by striking ‘‘Adminis9 trative Hearing Officer or Administrative Law 

10 Judge’’ and inserting ‘‘administrative hearing officer 

11 or administrative law judge’’. 

12 (f) RAILROAD SAFETY RISK REDUCTION PRO13 GRAM.—Section 20156 is amended— 

14 (1) in subsection (c) by inserting a comma after 

15 ‘‘In developing its railroad safety risk reduction pro16 gram’’; and 

17 (2) in subsection (g) by inserting a comma after 

18 ‘‘good faith’’ and by striking ‘‘non-profit’’ and in19 serting ‘‘nonprofit’’. 

20 (g) Section 20159 is amended by striking ‘‘the Sec21 retary’’ and inserting ‘‘the Secretary of Transportation’’. 

22 (h) NATIONAL CROSSING INVENTORY.—Section 

23 20160 is amended— 

24 (1) in subsection (a)(1) by striking the word 

25 ‘‘or’’ from the phrase ‘‘concerning each previously 


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1 unreported crossing through which it operates or 

2 with respect to the trackage over which it operates’’; 

3 and 

4 (2) in subsection (b)(1)(A) by striking the word 

5 ‘‘or’’ from the phrase ‘‘concerning each crossing 

6 through which it operates or with respect to the 

7 trackage over which it operates’’. 

8 (i) MINIMUM TRAINING STANDARDS.—Section 

9 20162(a)(3) is amended by striking ‘‘railroad compliance 

10 with Federal standards’’ and inserting ‘‘railroad carrier 

11 compliance with Federal standards’’. 

12 (j) DEVELOPMENT AND USE OF RAIL SAFETY TECH13 NOLOGY.—Section 20164(a) is amended by striking ‘‘after 

14 enactment of the Railroad Safety Enhancement Act of 

15 2008’’ and inserting ‘‘after the enactment of the Rail 

16 Safety Improvement Act of 2008’’. 

17 (k) LIMITATIONS ON FINANCIAL ASSISTANCE.—Sec18 tion 22106(b) is amended by striking ‘‘interest thereof’’ 

19 and inserting ‘‘interest thereon’’. 

20 (l) CHAPTER ANALYSIS FOR CHAPTER 243.—The 

21 item for section 24316 in the chapter analysis for chapter 

22 243 is amended by striking ‘‘to assist families of pas23 sengers’’ and inserting ‘‘to address needs of families of 

24 passengers’’. 


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1 SEC. 9503. TECHNICAL CORRECTION TO INTRODUCTORY 

2 TEXT OF PUBLIC LAW 110–432. 

3 The introductory text of Public Law 110–432 (122 

4 Stat. 4848) is amended by striking ‘‘Federal Railroad 

5 Safety Administration’’ and inserting ‘‘Federal Railroad 

6 Administration’’. 

7 SEC. 9504. TECHNICAL CORRECTIONS TO UNCODIFIED PRO8 VISIONS OF DIVISION A OF PUBLIC LAW 110– 

9 432, THE RAIL SAFETY IMPROVEMENT ACT OF 

10 2008. 

11 (a) TABLE OF CONTENTS.—Section 1(b) of division 

12 A of Public Law 110–432 (122 Stat. 4848), is amended— 

13 (1) in the item for section 307, by striking 

14 ‘‘website’’ and inserting ‘‘Web site’’; 

15 (2) in the item for title VI, by striking ‘‘SOLID 

16 WASTE FACILITIES’’ and inserting ‘‘SOLID 

17 WASTE RAIL TRANSFER FACILITIES’’; and 

18 (3) in the item for section 602, by striking 

19 ‘‘solid waste transfer facilities’’ and inserting ‘‘solid 

20 waste rail transfer facilities’’. 

21 (b) DEFINITIONS.—Section 2(a)(1) of division A of 

22 Public Law 110–432 (122 Stat. 4849) is amended by in23 serting a comma after the word ‘‘grade’’. 

24 (c) RAILROAD SAFETY STRATEGY.—Section 

25 102(a)(6) of title I of division A of Public Law 110–432 

26 (122 Stat. 4852) is amended— 


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1 (1) by striking ‘‘Improving the safety of rail2 road bridges, tunnels, and related infrastructure to 

3 prevent accidents, incidents, injuries and fatalities 

4 caused by catastrophic failures and other bridge and 

5 tunnel failures.’’; and 

6 (2) by inserting ‘‘Improving the safety of rail7 road bridges, tunnels, and related infrastructure to 

8 prevent accidents, incidents, injuries and fatalities 

9 caused by catastrophic and other failures of such in10 frastructure.’’. 

11 (d) OPERATION LIFESAVER.—Section 206(a) of title 

12 II of division A of Public Law 110–432 (122 Stat. 4873) 

13 is amended by striking ‘‘Public Service Announcements’’ 

14 and inserting ‘‘public service announcements’’. 

15 (e) UPDATE OF FEDERAL RAILROAD ADMINISTRA16 TION’S WEB SITE.—Section 307 of title III of division A 

17 of Public Law 110–432 (122 Stat. 4881) is amended— 

18 (1) in the caption by striking ‘‘WEBSITE’’ and 

19 inserting ‘‘WEB SITE’’; and 

20 (2) in the text by striking ‘‘website’’ wherever 

21 it appears and inserting ‘‘Web site’’. 

22 (f) ALCOHOL AND CONTROLLED SUBSTANCE TEST23 ING FOR MAINTENANCE-OF-WAY EMPLOYEES.—Section 

24 412 of title IV of division A of Public Law 110–432 (122 


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1 Stat. 4889) is amended by striking ‘‘Secretary of Trans2 portation’’ and inserting ‘‘Secretary’’. 

3 (g) TUNNEL INFORMATION.—Section 414 of title IV 

4 of division A of Public Law 110–432 is amended— 

5 (1) by striking ‘‘parts 171.8, 173.115,’’ (122 

6 Stat. 4889) and inserting ‘‘sections 171.8, 

7 173.115,’’; and 

8 (2) by striking ‘‘part 1520.5’’ (122 Stat. 4890) 

9 and inserting ‘‘section 1520.5’’. 

10 (h) SAFETY INSPECTIONS IN MEXICO.—Section 416 

11 of title IV of division A of Public Law 110–432 (122 Stat. 

12 4890) is amended— 

13 (1) in the introductory text by striking ‘‘Sec14 retary of Transportation’’ and inserting ‘‘Secretary’’; 

15 and 

16 (2) in paragraph (4) by striking ‘‘subsection’’ 

17 and inserting ‘‘section’’. 

18 (i) HEADING OF TITLE VI.—The heading of title VI 

19 of division A of Public Law 110–432 (122 Stat. 4900) 

20 is amended by striking ‘‘SOLID WASTE FACILI21 TIES’’ and inserting ‘‘SOLID WASTE RAIL 

22 TRANSFER FACILITIES’’. 

23 (j) CAPTION OF SECTION 602.—The caption of sec24 tion 602 of title VI of division A of Public Law 110–432 

25 (122 Stat. 4900) is amended by striking ‘‘SOLID WASTE


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1 TRANSFER FACILITIES.’’ and inserting ‘‘SOLID WASTE

2 RAIL TRANSFER FACILITIES.’’. 

3 SEC. 9505. TECHNICAL CORRECTIONS TO PROVISIONS OF 

4 THE HOURS OF SERVICE LAWS AND RELATED 

5 CIVIL PENALTY PROVISION. 

6 (a) NONAPPLICATION, EXEMPTION, AND ALTERNATE

7 HOURS OF SERVICE REGIME.—Section 21102(c) is 

8 amended— 

9 (1) by striking ‘‘APPLICATION OF HOURS OF

10 SERVICE REGIME TO COMMUTER AND INTERCITY

11 PASSENGER RAILROAD TRAIN EMPLOYEES’’ and in12 serting ‘‘APPLICATION OF HOURS OF SERVICE RE13 GIME TO COMMUTER AND INTERCITY PASSENGER

14 RAILROAD TRAIN EMPLOYEES, INCLUDING TOUR15 IST, HISTORIC, SCENIC, OR EXCURSION RAILROAD

16 TRAIN EMPLOYEES’’; 

17 (2) in paragraph (1) by inserting after ‘‘com18 muter rail passenger transportation or intercity rail 

19 passenger transportation,’’ the phrase ‘‘including 

20 tourist, historic, scenic, or excursion rail transpor21 tation,’’ and by striking ‘‘including public authorities 

22 operating passenger service’’ and inserting ‘‘includ23 ing tourist, historic, scenic, or excursion railroad 

24 carriers and public authorities operating passenger 

25 service’’; 


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1 (3) in paragraph (2) by inserting after ‘‘com2 muter rail passenger transportation or intercity rail 

3 passenger transportation,’’ the following phrase: ‘‘in4 cluding tourist, historic, scenic, or excursion rail 

5 transportation,’’; 

6 (4) in paragraph (3)(A) by inserting after 

7 ‘‘commuter rail passenger transportation or intercity 

8 rail passenger transportation’’ a comma and adding 

9 the following phrase: ‘‘including tourist, historic, sce10 nic, or excursion rail transportation,’’; and 

11 (5) in paragraph (4) by striking the colon after 

12 ‘‘In this subsection’’ and inserting a dash and by re13 designating subparagraphs (C) and (D) as subpara14 graphs (B) and (C) respectively. 

15 (b) LIMITATIONS ON DUTY HOURS OF TRAIN EM16 PLOYEES.—Section 21103(e) is amended by striking 

17 ‘‘such railroads’ efficient operations and on-time perform18 ance of its trains.’’ and inserting ‘‘such a railroad’s effi19 cient operations and on-time performance of its trains.’’. 

20 (c) REGULATORY AUTHORITY.—Section 21109(b) is 

21 amended— 

22 (1) by striking ‘‘REGULATIONS GOVERNING

23 THE HOURS OF SERVICE OF TRAIN EMPLOYEES OF

24 COMMUTER AND INTERCITY PASSENGER RAILROAD

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1 ERNING THE HOURS OF SERVICE OF TRAIN EM2 PLOYEES OF COMMUTER AND INTERCITY PAS3 SENGER RAILROAD CARRIERS, INCLUDING TRAIN

4 EMPLOYEES OF TOURIST, HISTORIC, SCENIC, OR

5 EXCURSION RAILROAD CARRIERS’’; and 

6 (2) by inserting after ‘‘train employees engaged 

7 in commuter rail passenger transportation and inter8 city rail passenger transportation (as defined in sec9 tion 24102 of this title)’’ a comma and adding the 

10 following phrase: ‘‘including train employees engaged 

11 in the transportation by railroad of passengers on 

12 tourist, historic, scenic, or excursion railroad car13 riers,’’. 

14 (d) CHAPTER 211 VIOLATIONS.—Section 

15 21303(a)(1) is amended by inserting after the comma in 

16 ‘‘including section 21103 (as such section was in effect 

17 on the day before the date of enactment of the Rail Safety 

18 Improvement Act of 2008),’’ the following phrase: ‘‘vio19 lating regulations or orders issued pursuant to chapter 

20 211 of this title,’’. 

21 SEC. 9506. ELIMINATION OF CERTAIN FRA REPORTING RE22 QUIREMENTS. 

23 Section 102(d) of the Rail Safety Improvement Act 

24 of 2008 (49 U.S.C. 20101) is amended— 


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1 (1) by striking the heading for paragraph (1); 

2 and 

3 (2) by striking paragraph (2). 

4 TITLE X—MISCELLANEOUS 

5 SEC. 10001. CONSIDERATION OF TRAVEL AND TOURISM IN 

6 AWARD OF FINANCIAL ASSISTANCE. 

7 Section 305 of title 49, United States Code, is 

8 amended by inserting the following at the end: 

9 ‘‘(c) The Secretary shall— 

10 ‘‘(1) encourage recipients of grants under this 

11 title and title 23 to fund projects with the grants 

12 that support travel and tourism-based infrastructure 

13 within the United States; and 

14 ‘‘(2) consider the potential effects of travel and 

15 tourism within the United States among the eligi16 bility criteria when allocating funds for projects 

17 funded under the titles.’’. 

18 SEC. 10002. ELECTRONIC REPORTS AND REPORT MODI19 FICATION. 

20 (a) USE OF ELECTRONIC MEDIA FOR DOT RE21 PORTS.— 

22 (1) IN GENERAL.—Notwithstanding any other 

23 provision of law, the Secretary of Transportation— 

24 (A) may not publish any report required or 

25 authorized by law in a printed format; and 


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1 (B) shall publish any such report by post2 ing it on the Department’s Internet Web site in 

3 an easily accessible and downloadable electronic 

4 format. 

5 (2) EXCEPTION.—Paragraph (1) does not apply 

6 to any report with respect to which the Secretary de7 termines that— 

8 (A) its publication in a printed format is 

9 essential to the mission of the Department of 

10 Transportation, as determined by the Secretary; 

11 or 

12 (B) its publication in accordance with the 

13 requirements of paragraph (1) would disclose 

14 matter— 

15 (i) described in section 552(b) of title 

16 5, United States Code; or 

17 (ii) the disclosure of which would have 

18 an adverse impact on safety or security, as 

19 determined by the Secretary. 

20 (b) ANNUAL REPORTING REQUIREMENT ON NTSB 

21 MOST WANTED LIST.— 

22 (1) Section 1135(e)(1) of title 49, United 

23 States Code, is amended— 

24 (A) by striking ‘‘On February 1 of each 

25 year’’ and inserting ‘‘Within 120 days after 


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1 publication of the Board’s annual ‘most wanted 

2 list’ ’’; and 

3 (B) by striking ‘‘the report due on Feb4 ruary 1 of’’. 

5 (2) Section 1135(e)(2) of title 49, United 

6 States Code, is amended by striking ‘‘on March 1 of 

7 each year’’ and inserting ‘‘after 30 days following 

8 the due date,’’. 

9 SEC. 10003. AMENDMENT OF FEDERAL AID IN SPORT FISH 

10 RESTORATION ACT. 

11 Section 4 of the Federal Aid in Fish Restoration Act 

12 (16 U.S.C. 777c) is amended— 

13 (1) in subsection (a), by striking ‘‘fiscal year 

14 through 2014, and for the period beginning on Octo15 ber 1, 2014, and ending on May 31, 2015,’’ and in16 serting ‘‘fiscal year through 2021,’’; and 

17 (2) in subsection (b)(1)(A), by striking ‘‘for 

18 each fiscal year ending before October 1, 2014, and 

19 for the period beginning on October 1, 2014, and 

20 ending on May 31, 2015,’’ and inserting ‘‘for each 

21 fiscal year through 2021,’’. 

22 SEC. 10004. AMENDMENTS TO CHAPTER 537 OF TITLE 46. 

23 Chapter 537 of title 46, United States Code, is 

24 amended— 


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1 (1) by amending section 53701(13) to read as 

2 follows: 

3 ‘‘(13) SECRETARY.—The term ‘Secretary’ 

4 means— 

5 ‘‘(A) the Secretary of Commerce with re6 spect to fishing vessels and fishery facilities; 

7 and 

8 ‘‘(B) the Secretary of Transportation with 

9 respect to other vessels and general shipyard fa10 cilities (as defined in section 53733(a) of this 

11 title).’’; 

12 (2) in section 53706(c), by striking ‘‘Adminis13 trator’’ each place it appears and inserting ‘‘Sec14 retary or Administrator’’; 

15 (3) in section 53707(b), by striking ‘‘Adminis16 trator’’ and inserting ‘‘Secretary or Administrator’’; 

17 (4) in section 53708(a), by striking ‘‘Adminis18 trator’’ each place it appears and inserting ‘‘Sec19 retary or Administrator’’; 

20 (5) in section 53710(b)— 

21 (A) in paragraph (1), by striking ‘‘Admin22 istrator’s’’ and inserting ‘‘Secretary’s or Admin23 istrator’s’’; and 


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1 (B) in paragraph (2), by striking ‘‘Admin2 istrator’’ and inserting ‘‘Secretary or Adminis3 trator’’; 

4 (6) in section 53717— 

5 (A) in subsection (b), by striking ‘‘Admin6 istrator’’ each place it appears and inserting 

7 ‘‘Secretary or Administrator’’; and 

8 (B) by striking subsection (c) and redesig9 nating subsection (d) as subsection (c); 

10 (7) in section 53718, by striking ‘‘Adminis11 trator’’ and inserting ‘‘Secretary or Administrator’’; 

12 (8) in section 53731, by striking ‘‘Adminis13 trator’’ each place it appears and inserting ‘‘Sec14 retary or Administrator’’; 

15 (9) in section 53732, by striking ‘‘Adminis16 trator’’ each place it appears and inserting ‘‘Sec17 retary or Administrator’’; and 

18 (10) in section 53733, by striking ‘‘Adminis19 trator’’ each place it appears and inserting ‘‘Sec20 retary or Administrator’’. 

21 SEC. 10005. GOVERNMENT-WIDE AUTHORITY FOR ELEC22 TRIC CHARGING INFRASTRUCTURE AT NO 

23 COST TO THE TAXPAYER. 

24 (a) ESTABLISHMENT OF AUTHORITY FOR GOVERN25 MENT-WIDE PROVISION OF ELECTRIC CHARGING AT NO


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1 COST TO THE TAXPAYER.—Chapter 79 of title 5, United 

2 States Code, is amended by adding at the end the fol3 lowing: 

4 ‘‘§ 7907. Government-wide authority for electric 

5 charging infrastructure 

6 ‘‘(a) DEFINITIONS.— 

7 ‘‘(1) COVERED INDIVIDUAL.—The term ‘cov8 ered individual’ means— 

9 ‘‘(A) any employee (as defined in section 

10 2105 of this title; 

11 ‘‘(B) a member of a uniformed service; 

12 ‘‘(C) any other individual who performs 

13 services for or on behalf of a Federal agency 

14 under a contract or subcontract with a Federal 

15 agency; or 

16 ‘‘(D) a visitor to a Federal agency or facil17 ity. 

18 ‘‘(2) FEDERAL AGENCY.—The term ‘Federal 

19 agency’ has the meaning given the term ‘Executive 

20 agency’ in section 105 of this title, and also includes 

21 the U.S. Postal Service, the Executive Office of the 

22 President, the military departments as defined in 

23 section 102 of this title, and the judicial branch. 

24 ‘‘(b) AUTHORITY.— 


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1 ‘‘(1) IN GENERAL.—The head of a Federal 

2 agency may— 

3 ‘‘(A) construct, install, operate, and main4 tain electric charging infrastructure on a reim5 bursable basis in parking areas under the juris6 diction of the Federal agency; and 

7 ‘‘(B) provide electricity on a reimbursable 

8 basis in parking areas under the jurisdiction of 

9 the Federal agency for use by privately owned 

10 vehicles used by covered individuals. 

11 ‘‘(2) VENDORS AUTHORIZED.—In carrying out 

12 paragraph (1), the head of a Federal agency may 

13 use 1 or more vendors on a commission or no-cost 

14 contract basis. 

15 ‘‘(3) USE OF CHARGING INFRASTRUCTURE FOR

16 OFFICIAL AGENCY VEHICLES.—The head of a Fed17 eral agency may use electric charging infrastructure 

18 installed for official agency vehicles, to the extent 

19 that it is available, to provide electric vehicle charg20 ing under this section. 

21 ‘‘(4) INTEGRATION OF RENEWABLE ENERGY.— 

22 The head of a Federal agency may encourage the in23 clusion of options for generating electricity from re24 newable energy as part of the design of parking 

25 areas for the agency. 


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1 ‘‘(c) FEES.—The head of a Federal agency shall 

2 charge fees for electricity provided to covered individuals 

3 sufficient to cover the initial and continuing costs to the 

4 head of the Federal agency of carrying out this section, 

5 including the costs of any vendors or other costs associ6 ated with maintaining the electric charging infrastructure. 

7 ‘‘(d) DEPOSIT AND AVAILABILITY OF FEES AND

8 COMMISSIONS.—Any fees or commissions collected by the 

9 head of a Federal agency under this section— 

10 ‘‘(1) shall be— 

11 ‘‘(A) deposited monthly into the account of 

12 the Treasury from which the amounts were 

13 made available to carry out this section, not14 withstanding section 3302(b) of title 31; and 

15 ‘‘(B) transferred from the Treasury to an 

16 appropriate account of the agency if the agency 

17 operates with a budget outside of the Treasury; 

18 and 

19 ‘‘(2) shall be available for obligation by the 

20 head of the Federal agency without further appro21 priation during— 

22 ‘‘(A) the fiscal year collected; and 

23 ‘‘(B) the fiscal year following the fiscal 

24 year collected. 


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1 ‘‘(e) PARKING FEES.—If a Federal agency charges 

2 covered employees parking fees for use of a facility that 

3 contains an electric vehicle charging facility provided 

4 under this section, employees using the electric vehicle 

5 charging facility shall pay the same parking fee as covered 

6 employees not using the electric vehicle charging facility.’’. 

7 (b) CONFORMING AMENDMENT.—The analysis for 

8 chapter 79 of title 5, United States Code, is amended by 

9 adding at the end the following: 

‘‘7907. Government-wide authority for electric charging infrastructure.’’. 

10 TITLE XI—BUDGETARY INTER11 PRETATIONS AND TREAT12 MENTS 

13 SEC. 11001. AMOUNTS IN THIS ACT. 

14 (a) CONTRACT AUTHORITY.—Except as provided in 

15 subsection (c), or except as explicitly provided otherwise 

16 by this Act or in title 23, United States Code, all funding 

17 provided by this Act is contract authority as defined in 

18 section 3(2)(A)(iii) of the Congressional Budget and Im19 poundment Act of 1974 (2 U.S.C. 622(2)(A)(iii)), and all 

20 such contract authority shall become available for obliga21 tion in the fiscal year specified in this Act and shall re22 main available until expended. 

23 (b) OBLIGATION LIMITS.— 

24 (1) IN GENERAL.—Except as explicitly pro25 vided, obligation limits established by this Act shall 


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1 apply for a term of one year and shall apply to obli2 gations to be incurred in the fiscal year specified. 

3 Notwithstanding any other provision of law, obliga4 tion limits established by this Act shall not apply 

5 after 2021. 

6 (2) EXCEPTIONS.— 

7 (A) Except as provided in this Act, obliga8 tion limits established by this Act shall apply to 

9 unobligated contract authority from the High10 way Trust Fund (other than the Mass Transit 

11 Account) prior to the date of enactment of this 

12 Act. 

13 (B) Obligation limitations established by 

14 this Act shall not apply to— 

15 (i) unobligated contract authority pro16 vided by this Act that could have been obli17 gated in a prior year within any obligation 

18 limits applicable to that prior year or was 

19 exempt from such limitations, but was not 

20 so obligated; 

21 (ii) the use of fees authorized or pro22 vided by this Act as described in sub23 section (d); and 


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1 (iii) reimbursable programs under2 taken by accounts established in this Act 

3 on behalf of discretionary accounts. 

4 (3) OBLIGATION LIMITS IN APPROPRIATIONS

5 ACTS.— 

6 (A) During any session of Congress, ap7 propriations Acts may increase or decrease any 

8 obligation limit established by this Act for any 

9 current year or budget year prior to fiscal year 

10 2022. 

11 (B) During any session of Congress, it 

12 shall not be in order in either the House of 

13 Representatives or the Senate for any appro14 priations Act to alter obligation limits under 

15 this Act for any outyear. 

16 (C) This paragraph is enacted by the Con17 gress— 

18 (i) as an exercise of the rulemaking 

19 power of the House of Representatives and 

20 the Senate, respectively, and as such is 

21 deemed a part of the rules of each House, 

22 respectively, and such procedures super23 sede other rules only to the extent that 

24 they are inconsistent therewith; and 


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1 (ii) with full recognition of the con2 stitutional right of either House to change 

3 the rules (so far as relating to the proce4 dure of that House) at any time, in the 

5 same manner and to the same extent as in 

6 the case of any other rule of that House. 

7 (c) LIQUIDATING CASH.—There is authorized to be 

8 appropriated such sums as may be necessary for the liq9 uidation of obligations incurred under contract authority 

10 created by this Act or under contract authority provided 

11 from the Highway Trust Fund as it existed in any version 

12 at any time prior to the effective date of this Act. 

13 (d) ADMINISTRATIVE FEES.—The collection and ex14 penditure of fees to cover certain administrative costs 

15 under this Act for a fiscal year, if subject to annual appro16 priations, shall be treated as discretionary offsetting col17 lections and discretionary appropriations, respectively. 

18 The collection and expenditure of fees to cover certain ad19 ministrative costs under this Act for a fiscal year, if not 

20 subject to annual appropriations, shall be treated as man21 datory offsetting collections and mandatory appropria22 tions, respectively. 


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1 SEC. 11002. TREATMENT FOR STATUTORY PAYGO AND RE2 LATED PURPOSES. 

3 (a) GENERAL RULE.—Except as provided in sub4 section (b), and consistent with the definition of direct 

5 spending in section 250(c)(8) of the Balanced Budget and 

6 Emergency Deficit Control Act of 1985, as amended (2 

7 U.S.C. 900(c)(8)), the following shall be treated as direct 

8 spending for purposes of Presidential and Congressional 

9 budgets and the Statutory Pay-As-You-Go Act of 2010 

10 (124 Stat. 8): 

11 (1) Contract authority of the Transportation 

12 Trust Fund under this Act, the outlays flowing 

13 therefrom, and the outlays flowing from contract au14 thority previously provided from the Highway Trust 

15 Fund. 

16 (2) Except as provided in sections 11003, 

17 11004, and 11005 of this title, legislation reauthor18 izing or amending this Act. 

19 (b) TRANSITIONAL RULE; EXCESS REVENUES ARE

20 DEDICATED TO DEFICIT REDUCTION.—For purposes of 

21 Presidential and Congressional budgets and the Statutory 

22 Pay-As-You-Go Act of 2010 (124 Stat. 8), calculations of 

23 the budgetary effects of this Act when it is initially en24 acted shall be as follows: 

25 (1) The baseline projections of total outlays for 

26 the Highway Trust Fund and general fund accounts 


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1 listed in paragraph (2) shall be treated as offsets to 

2 the total level of direct spending outlays of the 

3 Transportation Trust Fund resulting from this Act. 

4 For this purpose, the budgetary resources to which 

5 the baseline projection shall apply are— 

6 (A) the discretionary budget authority pro7 vided for fiscal year 2015, for the accounts list8 ed in paragraph (2); and 

9 (B) the obligation limits for fiscal year 

10 2015 applicable to the Highway Trust Fund, 

11 and shall be projected under section 257(c) of 

12 the Balanced Budget and Emergency Deficit 

13 Control Act of 1985, as amended (2 U.S.C. 

14 907(c)), except that contract authority of the 

15 Highway Trust Fund not subject to those obli16 gation limits shall be projected under section 

17 257(b) of that Act. 

18 (2) The general fund programs referred to in 

19 paragraph (1) are: 

20 (A) The general fund portion of National 

21 Highway Traffic Safety Administration, Oper22 ations and Research (69X0650). 

23 (B) Federal Transit Administration, Ad24 ministrative Expenses (69X1120). 


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1 (C) Federal Transit Administration, Cap2 ital Investment Grants (69X1134). 

3 (D) Federal Transit Administration, Re4 search and University Research Centers 

5 (69X1137). 

6 (E) Federal Transit Administration, Tech7 nical Assistance and Standards Development 

8 (69X1142). 

9 (F) Federal Railroad Administration, Op10 erating Subsidy Grants to the National Rail11 road Passenger Corporation (69X0121). 

12 (G) Federal Railroad Administration, Cap13 ital and Debt Service Grants to the National 

14 Railroad Passenger Corporation (69X0125). 

15 (H) National Infrastructure Investments 

16 (69X0143). 

17 (3) If the increase in net governmental receipts 

18 under this Act, relative to current law, exceeds the 

19 increase in mandatory outlays under this Act as 

20 measured under paragraph (1) for either or both of 

21 the periods covered by the five-year scorecard and 

22 the ten-year scorecard established by the Statutory 

23 Pay-As-You-Go Act of 2010 (124 Stat. 8), the ex24 cess amounts shall not be recorded on those respec25 tive scorecards, with the result that this Act shall 


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1 not be shown as reducing Pay-As-You-Go deficits or 

2 increasing Pay-As-You-Go surpluses. 

3 SEC. 11003. SCORING OF CHANGES IN CONTRACT AUTHOR4 ITY IN APPROPRIATIONS ACTS. 

5 Consistent with scorekeeping guidelines in effect from 

6 1990 through the enactment of this Act, changes enacted 

7 in annual appropriations Acts during a session of Con8 gress to the level of contract authority provided by this 

9 Act shall be scored as discretionary to the extent they in10 crease or decrease contract authority in the current year 

11 or the budget year, and shall be scored as mandatory or 

12 direct spending to the extent they increase or decrease 

13 contract authority in an outyear. To the extent any such 

14 change in contract authority produces changes in esti15 mated outlays in any year, that change in outlays shall 

16 be scored as discretionary if it is generated by a change 

17 in contract authority that is scored as discretionary, and 

18 shall be scored as direct spending if it is generated by a 

19 change in contract authority that is scored as mandatory. 

20 SEC. 11004. SCORING OF CHANGES IN OBLIGATION LIMITS 

21 IN APPROPRIATIONS ACTS. 

22 øDetermine in consultation with Congress.¿ 


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1 SEC. 11005. SCORING OF TRANSFERS BETWEEN THE GEN2 ERAL FUND AND THE TRANSPORTATION 

3 TRUST FUND. 

4 øDetermine in consultation with Congress.¿ 

5 SEC. 11006. SPECIAL RULE. 

6 (a) IN GENERAL.—On September 30, 2021, the Sec7 retary shall permanently cancel, and return such amounts 

8 to the Treasury, the contract authority described in sub9 section (b). 

10 (b) REFERENCED CONTRACT AUTHORITY.—The con11 tract authority referenced in subsection (a) are those 

12 amounts apportioned under the Federal Aid Highway pro13 gram that are available to each State for fiscal years 2016 

14 through 2021, that are in excess of contract authority pro15 vided for fiscal years 2016 through 2021 by section 2001 

16 of this Act. 

17 (c) CANCELLATION METHOD.—When implementing 

18 subsection (a), the cancellation shall be taken from unobli19 gated balances that remain from contract authority en20 acted before the enactment of the GROW AMERICA Act. 

21 (d) LIMITED APPLICABILITY.—This section shall not 

22 apply to contract authority provided by the GROW 

23 AMERICA Act or prior Acts that are exempt from obliga24 tion limitations. 


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1 SEC. 11007. REVISED DISCRETIONARY SPENDING LIMITS. 

2 (a) In the final sequestration report that is required 

3 at the end of the current session of Congress pursuant 

4 to section 254 of the Balanced Budget and Emergency 

5 Deficit Control Act of 1985 (BBEDCA), the Director of 

6 the Office of Management and Budget shall reduce the 

7 discretionary spending limits for the revised nonsecurity 

8 category listed in section 251(c) of BBEDCA for fiscal 

9 years 2016 through 2021 by the baseline projection of dis10 cretionary budget authority for the accounts listed in sec11 tion 11002(b)(2) of this Act. 

12 (b) For purposes of this section, the ‘‘baseline’’ 

13 means the projection described in section 257 of 

14 BBEDCA and submitted with the President’s Fiscal Year 

15 2016 Budget under section 1105(a) of title 31, United 

16 States Code. 

17 TITLE XII—STOP CORPORATE 

18 EXPATRIATION AND INVEST 

19 IN AMERICA’S INFRASTRUC20 TURE ACT 

21 SEC. 12001. SHORT TITLE. 

22 This title may be cited as the ‘‘Stop Corporate Expa23 triation and Invest in America’s Infrastructure Act of 

24 2015’’. 


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1 SEC. 12002. MODIFICATIONS TO RULES RELATING TO IN2 VERTED CORPORATIONS. 

3 (a) IN GENERAL.—Subsection (b) of section 7874 of 

4 the Internal Revenue Code of 1986 is amended to read 

5 as follows: 

6 ‘‘(b) INVERTED CORPORATIONS TREATED AS DO7 MESTIC CORPORATIONS.— 

8 ‘‘(1) IN GENERAL.—Notwithstanding section 

9 7701(a)(4), a foreign corporation shall be treated for 

10 purposes of this title as a domestic corporation if— 

11 ‘‘(A) such corporation would be a surro12 gate foreign corporation if subsection (a)(2) 

13 were applied by substituting ‘80 percent’ for 

14 ‘60 percent’, or 

15 ‘‘(B) such corporation is an inverted do16 mestic corporation. 

17 ‘‘(2) INVERTED DOMESTIC CORPORATION.—For 

18 purposes of this subsection, a foreign corporation 

19 shall be treated as an inverted domestic corporation 

20 if, pursuant to a plan (or a series of related trans21 actions)— 

22 ‘‘(A) the entity completes after May 8, 

23 2014, the direct or indirect acquisition of— 

24 ‘‘(i) substantially all of the properties 

25 held directly or indirectly by a domestic 

26 corporation, or 


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1 ‘‘(ii) substantially all of the assets of, 

2 or substantially all of the properties consti3 tuting a trade or business of, a domestic 

4 partnership, and 

5 ‘‘(B) after the acquisition, either— 

6 ‘‘(i) more than 50 percent of the stock 

7 (by vote or value) of the entity is held— 

8 ‘‘(I) in the case of an acquisition 

9 with respect to a domestic corpora10 tion, by former shareholders of the 

11 domestic corporation by reason of 

12 holding stock in the domestic corpora13 tion, or 

14 ‘‘(II) in the case of an acquisition 

15 with respect to a domestic partner16 ship, by former partners of the do17 mestic partnership by reason of hold18 ing a capital or profits interest in the 

19 domestic partnership, or 

20 ‘‘(ii) the management and control of 

21 the expanded affiliated group which in22 cludes the entity occurs, directly or indi23 rectly, primarily within the United States, 

24 and such expanded affiliated group has 

25 significant domestic business activities. 


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1 ‘‘(3) EXCEPTION FOR CORPORATIONS WITH

2 SUBSTANTIAL BUSINESS ACTIVITIES IN FOREIGN

3 COUNTRY OF ORGANIZATION.—A foreign corporation 

4 described in paragraph (2) shall not be treated as an 

5 inverted domestic corporation if after the acquisition 

6 the expanded affiliated group which includes the en7 tity has substantial business activities in the foreign 

8 country in which or under the law of which the enti9 ty is created or organized when compared to the 

10 total business activities of such expanded affiliated 

11 group. For purposes of subsection (a)(2)(B)(iii) and 

12 the preceding sentence, the term ‘substantial busi13 ness activities’ shall have the meaning given such 

14 term under regulations in effect on May 8, 2014, ex15 cept that the Secretary may issue regulations in16 creasing the threshold percent in any of the tests 

17 under such regulations for determining if business 

18 activities constitute substantial business activities for 

19 purposes of this paragraph. 

20 ‘‘(4) MANAGEMENT AND CONTROL.—For pur21 poses of paragraph (2)(B)(ii)— 

22 ‘‘(A) IN GENERAL.—The Secretary shall 

23 prescribe regulations for purposes of deter24 mining cases in which the management and 

25 control of an expanded affiliated group is to be 


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1 treated as occurring, directly or indirectly, pri2 marily within the United States. The regula3 tions prescribed under the preceding sentence 

4 shall apply to periods after May 8, 2014. 

5 ‘‘(B) EXECUTIVE OFFICERS AND SENIOR

6 MANAGEMENT.—Such regulations shall provide 

7 that the management and control of an ex8 panded affiliated group shall be treated as oc9 curring, directly or indirectly, primarily within 

10 the United States if substantially all of the ex11 ecutive officers and senior management of the 

12 expanded affiliated group who exercise day-to13 day responsibility for making decisions involving 

14 strategic, financial, and operational policies of 

15 the expanded affiliated group are based or pri16 marily located within the United States. Indi17 viduals who in fact exercise such day-to-day re18 sponsibilities shall be treated as executive offi19 cers and senior management regardless of their 

20 title. 

21 ‘‘(5) SIGNIFICANT DOMESTIC BUSINESS ACTIVI22 TIES.—For purposes of paragraph (2)(B)(ii), an ex23 panded affiliated group has significant domestic 

24 business activities if at least 25 percent of— 


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1 ‘‘(A) the employees of the group are based 

2 in the United States, 

3 ‘‘(B) the employee compensation incurred 

4 by the group is incurred with respect to employ5 ees based in the United States, 

6 ‘‘(C) the assets of the group are located in 

7 the United States, or 

8 ‘‘(D) the income of the group is derived in 

9 the United States, 

10 determined in the same manner as such determina11 tions are made for purposes of determining substan12 tial business activities under regulations referred to 

13 in paragraph (3) as in effect on May 8, 2014, but 

14 applied by treating all references in such regulations 

15 to ‘foreign country’ and ‘relevant foreign country’ as 

16 references to ‘the United States’. The Secretary may 

17 issue regulations decreasing the threshold percent in 

18 any of the tests under such regulations for deter19 mining if business activities constitute significant 

20 domestic business activities for purposes of this 

21 paragraph.’’. 

22 (b) CONFORMING AMENDMENTS.— 

23 (1) Clause (i) of section 7874(a)(2)(B) of such 

24 Code is amended by striking ‘‘after March 4, 2003,’’ 


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1 and inserting ‘‘after March 4, 2003, and before May 

2 9, 2014,’’. 

3 (2) Subsection (c) of section 7874 of such Code 

4 is amended— 

5 (A) in paragraph (2)— 

6 (i) by striking ‘‘subsection 

7 (a)(2)(B)(ii)’’ and inserting ‘‘subsections 

8 (a)(2)(B)(ii) and (b)(2)(B)(i)’’, and 

9 (ii) by inserting ‘‘or (b)(2)(A)’’ after 

10 ‘‘(a)(2)(B)(i)’’ in subparagraph (B), 

11 (B) in paragraph (3), by inserting ‘‘or 

12 (b)(2)(B)(i), as the case may be,’’ after 

13 ‘‘(a)(2)(B)(ii)’’, 

14 (C) in paragraph (5), by striking ‘‘sub15 section (a)(2)(B)(ii)’’ and inserting ‘‘sub16 sections (a)(2)(B)(ii) and (b)(2)(B)(i)’’, and 

17 (D) in paragraph (6), by inserting ‘‘or in18 verted domestic corporation, as the case may 

19 be,’’ after ‘‘surrogate foreign corporation’’. 

20 (c) EFFECTIVE DATE.—The amendments made by 

21 this section shall apply to taxable years ending after May 

22 8, 2014. 

Æ 


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