In the House of Representatives, U. S., 

November 5, 2015. 

Resolved, That the House agree to the amendment of the 

Senate to the title of the bill (H.R. 22) entitled ‘‘An Act to 

amend the Internal Revenue Code of 1986 to exempt employees with health coverage under TRICARE or the Veterans 

Administration from being taken into account for purposes of 

determining the employers to which the employer mandate 

applies under the Patient Protection and Affordable Care 

Act.’’ and be it further 

Resolved, That the House agree to the amendment of the 

Senate to the text of the aforementioned bill, with the following 

HOUSE AMENDMENT TO SENATE AMENDMENT: 

In lieu of the matter proposed to be inserted by the 

amendment of the Senate to the text of the bill, insert 

the following: 

1 DIVISION A—SURFACE 

2 TRANSPORTATION 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Surface Transportation Reauthorization and Reform Act 

6 of 2015’’. 

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

8 this Act is as follows: 
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DIVISION A—SURFACE TRANSPORTATION 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Effective date. 

Sec. 4. References. 

TITLE I—FEDERAL-AID HIGHWAYS 

Subtitle A—Authorizations and Programs 

Sec. 1101. Authorization of appropriations. 

Sec. 1102. Obligation ceiling. 

Sec. 1103. Definitions. 

Sec. 1104. Apportionment. 

Sec. 1105. National highway performance program. 

Sec. 1106. Surface transportation block grant program. 

Sec. 1107. Railway-highway grade crossings. 

Sec. 1108. Highway safety improvement program. 

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

Sec. 1110. National highway freight policy. 

Sec. 1111. Nationally significant freight and highway projects. 

Sec. 1112. Territorial and Puerto Rico highway program. 

Sec. 1113. Federal lands and tribal transportation program. 

Sec. 1114. Tribal transportation program. 

Sec. 1115. Federal lands transportation program. 

Sec. 1116. Tribal transportation self-governance program. 

Sec. 1117. Emergency relief. 

Sec. 1118. Highway use tax evasion projects. 

Sec. 1119. Bundling of bridge projects. 

Sec. 1120. Tribal High Priority Projects program. 

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

Subtitle B—Planning and Performance Management 

Sec. 1201. Metropolitan transportation planning. 

Sec. 1202. Statewide and nonmetropolitan transportation planning. 

Subtitle C—Acceleration of Project Delivery 

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

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

Sec. 1303. Clarification of transportation environmental authorities. 

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

Sec. 1305. Efficient environmental reviews for project decisionmaking. 

Sec. 1306. Improving transparency in environmental reviews. 

Sec. 1307. Integration of planning and environmental review. 

Sec. 1308. Development of programmatic mitigation plans. 

Sec. 1309. Delegation of authorities. 

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

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

Sec. 1312. Surface transportation project delivery program. 

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

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

Sec. 1315. Improving State and Federal agency engagement in environmental reviews. 
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Sec. 1316. Accelerated decisionmaking in environmental reviews. 

Sec. 1317. Aligning Federal environmental reviews. 

Subtitle D—Miscellaneous 

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

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

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

or driving under the influence. 

Sec. 1404. Highway Trust Fund transparency and accountability. 

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

Sec. 1406. Flexibility for projects. 

Sec. 1407. Productive and timely expenditure of funds. 

Sec. 1408. Consolidation of programs. 

Sec. 1409. Federal share payable. 

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

Sec. 1411. Technical corrections. 

Sec. 1412. Safety for users. 

Sec. 1413. Design standards. 

Sec. 1414. Reserve fund. 

Sec. 1415. Adjustments. 

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

fueling corridors. 

Sec. 1417. Ferries. 

Sec. 1418. Study on performance of bridges. 

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

Sec. 1420. Pilot program. 

Sec. 1421. Innovative project delivery examples. 

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

on transportation rights-of-way. 

Sec. 1423. Milk products. 

Sec. 1424. Interstate weight limits for emergency vehicles. 

Sec. 1425. Vehicle weight limitations—Interstate System. 

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

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

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

Sec. 1429. Motorcyclist advisory council. 

Sec. 1430. Improvement of data collection on child occupants in vehicle crashes. 

Sec. 1431. Highway work zones. 

Sec. 1432. Study on State procurement of culvert and storm sewer materials. 

Sec. 1433. Use of durable, resilient, and sustainable materials and practices. 

Sec. 1434. Strategy to address structurally deficient bridges. 

Sec. 1435. Sense of Congress. 

Sec. 1436. Identification of roadside highway safety hardware devices. 

Sec. 1437. Use of modeling and simulation technology. 

Sec. 1438. National Advisory Committee on Travel and Tourism Infrastructure. 

Sec. 1439. Regulation of motor carriers of property. 

Sec. 1440. Emergency exemptions. 

Sec. 1441. Program to assist veterans to acquire commercial driver’s licenses. 

Sec. 1442. Operation of certain specialized vehicles on certain highways in the 

State of Arkansas. 

Sec. 1443. Projects for public safety relating to idling trains. 

Sec. 1444. Exemptions from requirements for certain welding trucks used in pipeline industry. 

Sec. 1445. Waiver. 
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Sec. 1446. Federal authority. 

TITLE II—INNOVATIVE PROJECT FINANCE 

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

amendments. 

Sec. 2002. State infrastructure bank program. 

Sec. 2003. Availability payment concession model. 

Sec. 2004. Streamlined application process. 

TITLE III—PUBLIC TRANSPORTATION 

Sec. 3001. Short title. 

Sec. 3002. Definitions. 

Sec. 3003. Metropolitan and statewide transportation planning. 

Sec. 3004. Urbanized area formula grants. 

Sec. 3005. Fixed guideway capital investment grants. 

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

disabilities. 

Sec. 3007. Formula grants for rural areas. 

Sec. 3008. Public transportation innovation. 

Sec. 3009. Technical assistance and workforce development. 

Sec. 3010. Bicycle facilities. 

Sec. 3011. General provisions. 

Sec. 3012. Public transportation safety program. 

Sec. 3013. Apportionments. 

Sec. 3014. State of good repair grants. 

Sec. 3015. Authorizations. 

Sec. 3016. Bus and bus facility grants. 

Sec. 3017. Obligation ceiling. 

Sec. 3018. Innovative procurement. 

Sec. 3019. Review of public transportation safety standards. 

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

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

Sec. 3022. Improved transit safety measures. 

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

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

Sec. 3025. Report on parking safety. 

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

Authority. 

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

Sec. 3028. Increase support for Growing States. 

TITLE IV—HIGHWAY SAFETY 

Sec. 4001. Authorization of appropriations. 

Sec. 4002. Highway safety programs. 

Sec. 4003. Highway safety research and development. 

Sec. 4004. High-visibility enforcement program. 

Sec. 4005. National priority safety programs. 

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

Sec. 4007. Marijuana-impaired driving. 

Sec. 4008. National priority safety program grant eligibility. 

Sec. 4009. Data collection. 
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Sec. 4010. Technical corrections. 

TITLE V—MOTOR CARRIER SAFETY 

Subtitle A—Motor Carrier Safety Grant Consolidation 

Sec. 5101. Grants to States. 

Sec. 5102. Performance and registration information systems management. 

Sec. 5103. Authorization of appropriations. 

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

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

2016. 

Sec. 5106. Motor carrier safety assistance program allocation. 

Sec. 5107. Maintenance of effort calculation. 

Subtitle B—Federal Motor Carrier Safety Administration Reform 

PART I—REGULATORY REFORM

Sec. 5201. Notice of cancellation of insurance. 

Sec. 5202. Regulations. 

Sec. 5203. Guidance. 

Sec. 5204. Petitions. 

PART II—COMPLIANCE, SAFETY, ACCOUNTABILITY REFORM

Sec. 5221. Correlation study. 

Sec. 5222. Beyond compliance. 

Sec. 5223. Data certification. 

Sec. 5224. Interim hiring standard. 

Subtitle C—Commercial Motor Vehicle Safety 

Sec. 5301. Implementing safety requirements. 

Sec. 5302. Windshield mounted safety technology. 

Sec. 5303. Prioritizing statutory rulemakings. 

Sec. 5304. Safety reporting system. 

Sec. 5305. New entrant safety review program. 

Sec. 5306. Ready mixed concrete trucks. 

Subtitle D—Commercial Motor Vehicle Drivers 

Sec. 5401. Opportunities for veterans. 

Sec. 5402. Drug-free commercial drivers. 

Sec. 5403. Certified medical examiners. 

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

Sec. 5405. Veterans expanded trucking opportunities. 

Subtitle E—General Provisions 

Sec. 5501. Minimum financial responsibility. 

Sec. 5502. Delays in goods movement. 

Sec. 5503. Report on motor carrier financial responsibility. 

Sec. 5504. Emergency route working group. 

Sec. 5505. Household goods consumer protection working group. 

Sec. 5506. Technology improvements. 

Sec. 5507. Notification regarding motor carrier registration. 

Sec. 5508. Report on commercial driver’s license skills test delays. 
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Sec. 5509. Covered farm vehicles. 

Sec. 5510. Operators of hi-rail vehicles. 

Sec. 5511. Electronic logging device requirements. 

Sec. 5512. Technical corrections. 

Sec. 5513. Automobile transporter. 

Sec. 5514. Ready mix concrete delivery vehicles. 

Sec. 5515. Safety study regarding double-decker motorcoaches. 

Sec. 5516. Transportation of construction materials and equipment. 

Sec. 5517. Commercial delivery of light- and medium-duty trailers. 

Sec. 5518. GAO Review of school bus safety. 

TITLE VI—INNOVATION 

Sec. 6001. Short title. 

Sec. 6002. Authorization of appropriations. 

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

Sec. 6004. Technology and innovation deployment program. 

Sec. 6005. Intelligent transportation system goals. 

Sec. 6006. Intelligent transportation system program report. 

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

Sec. 6008. Communication systems deployment report. 

Sec. 6009. Infrastructure development. 

Sec. 6010. Departmental research programs. 

Sec. 6011. Research and Innovative Technology Administration. 

Sec. 6012. Office of Intermodalism. 

Sec. 6013. University transportation centers. 

Sec. 6014. Bureau of Transportation Statistics. 

Sec. 6015. Surface transportation system funding alternatives. 

Sec. 6016. Future interstate study. 

Sec. 6017. Highway efficiency. 

Sec. 6018. Motorcycle safety. 

Sec. 6019. Hazardous materials research and development. 

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

Sec. 6021. Transportation technology policy working group. 

Sec. 6022. Collaboration and support. 

Sec. 6023. Prize competitions. 

Sec. 6024. GAO report. 

Sec. 6025. Intelligent transportation system purposes. 

Sec. 6026. Infrastructure integrity. 

Sec. 6027. Transportation research and development 5-year strategic plan. 

Sec. 6028. Traffic congestion. 

Sec. 6029. Rail safety. 

Sec. 6030. Study and report on reducing the amount of vehicles owned by certain 

Federal departments and increasing the use of commercial ridesharing by those departments. 

TITLE VII—HAZARDOUS MATERIALS TRANSPORTATION 

Sec. 7001. Short title. 

Sec. 7002. Authorization of appropriations. 

Sec. 7003. National emergency and disaster response. 

Sec. 7004. Enhanced reporting. 

Sec. 7005. Wetlines. 

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

Sec. 7007. GAO study on acceptance of classification examinations. 
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Sec. 7008. Improving the effectiveness of planning and training grants. 

Sec. 7009. Motor carrier safety permits. 

Sec. 7010. Thermal blankets. 

Sec. 7011. Comprehensive oil spill response plans. 

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

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

Sec. 7014. Study on the efficacy and implementation of the European Train Control System. 

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

Sec. 7016. Track safety: Vertical Track Deflection. 

Sec. 7017. Minimum requirements for top fittings protection for class DOT– 

117R tank cars. 

Sec. 7018. Hazardous materials endorsement exemption. 

Sec. 7019. Hazardous materials by rail liability study. 

TITLE VIII—MULTIMODAL FREIGHT TRANSPORTATION 

Sec. 8001. Multimodal freight transportation. 

TITLE IX—NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE 

FINANCE BUREAU 

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

Sec. 9002. Council on Credit and Finance. 

TITLE X—SPORT FISH RESTORATION AND RECREATIONAL BOATING 

SAFETY 

Sec. 10001. Allocations. 

Sec. 10002. Recreational boating safety. 

DIVISION B—COMPREHENSIVE TRANSPORTATION AND CONSUMER 

PROTECTION ACT OF 2015 

TITLE XXIV—HIGHWAY AND MOTOR VEHICLE SAFETY 

Subtitle A—Vehicle Safety 

Sec. 24101. Authorization of appropriations. 

Sec. 24102. Inspector General recommendations. 

Sec. 24103. Improvements in availability of recall information. 

Sec. 24104. Recall process. 

Sec. 24105. Pilot grant program for State notification to consumers of motor vehicle recall status. 

Sec. 24106. Recall obligations under bankruptcy. 

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

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

Sec. 24109. Rental car safety. 

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

Sec. 24111. Electronic odometer disclosures. 

Sec. 24112. Corporate responsibility for NHTSA reports. 

Sec. 24113. Direct vehicle notification of recalls. 

Sec. 24114. Unattended children warning. 

Sec. 24115. Tire pressure monitoring system. 

Sec. 24116. Availability of certain information on motor vehicle equipment. 
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Subtitle B—Research and Development and Vehicle Electronics 

Sec. 24201. Report on operations of the Council for Vehicle Electronics, Vehicle 

Software, and Emerging Technologies. 

Sec. 24202. Cooperation with foreign governments. 

Subtitle C—Miscellaneous Provisions 

PART I—DRIVER PRIVACY ACT OF 2015 

Sec. 24301. Short title. 

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

Sec. 24303. Vehicle event data recorder study. 

PART II—SAFETY THROUGH INFORMED CONSUMERS ACT OF 2015 

Sec. 24321. Short title. 

Sec. 24322. Passenger motor vehicle information. 

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

Sec. 24331. Short title. 

Sec. 24332. Tire fuel efficiency minimum performance standards. 

Sec. 24333. Tire registration by independent sellers. 

Sec. 24334. Tire recall database. 

PART IV—ALTERNATIVE FUEL VEHICLES

Sec. 24341. Regulation parity for electric and natural gas vehicles. 

Subtitle D—Additional Motor Vehicle Provisions 

Sec. 24401. Required reporting of NHTSA agenda. 

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

Sec. 24403. Retention of safety records by manufacturers. 

Sec. 24404. Nonapplication of prohibitions relating to noncomplying motor vehicles to vehicles used for testing or evaluation. 

Sec. 24405. Treatment of low-volume manufacturers. 

Sec. 24406. No liability on the basis of NHTSA motor vehicle safety guidelines. 

DIVISION C—FINANCE 

Sec. 30001. Short title. 

TITLE XXXI—HIGHWAY TRUST FUND AND RELATED TAXES 

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

Sec. 31101. Extension of trust fund expenditure authority. 

Sec. 31102. Extension of highway-related taxes. 

Subtitle B—Additional Transfers to Highway Trust Fund 

Sec. 31201. Further additional transfers to trust fund. 

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

Sec. 31203. Appropriation from Leaking Underground Storage Tank Trust Fund. 
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TITLE XXXII—OFFSETS 

Subtitle A—Tax Provisions 

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

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

Sec. 32103. Special compliance personnel program. 

Subtitle B—Fees and Receipts 

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

Sec. 32202. Elimination of surplus funds of Federal reserve banks. 

Sec. 32203. Strategic Petroleum Reserve drawdown and sale. 

Subtitle C—Outlays 

Sec. 32301. Interest on overpayment. 

DIVISION D—MISCELLANEOUS 

TITLE XLI—FEDERAL PERMITTING IMPROVEMENT 

Sec. 41001. Definitions. 

Sec. 41002. Federal Permitting Improvement Council. 

Sec. 41003. Permitting process improvement. 

Sec. 41004. Interstate compacts. 

Sec. 41005. Coordination of required reviews. 

Sec. 41006. Delegated State permitting programs. 

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

Sec. 41008. Report to Congress. 

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

reviews and permits. 

Sec. 41010. Application. 

Sec. 41011. GAO Report. 

TITLE XLII—ADDITIONAL PROVISIONS 

Sec. 42001. Determination of certain spending and tax burdens by State. 

Sec. 42002. GAO report on refunds to registered vendors of kerosene used in noncommercial aviation. 

TITLE XLIII—REQUIREMENTS REGARDING RULE MAKINGS 

Sec. 43001. Requirements regarding rule makings. 

DIVISION E—EXPORT-IMPORT BANK OF THE UNITED STATES 

Sec. 50001. Short title. 

TITLE LI—TAXPAYER PROTECTION PROVISIONS AND INCREASED 

ACCOUNTABILITY 

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

and insurance. 

Sec. 51002. Increase in loss reserves. 

Sec. 51003. Review of fraud controls. 

Sec. 51004. Office of Ethics. 

Sec. 51005. Chief Risk Officer. 

Sec. 51006. Risk Management Committee. 
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Sec. 51007. Independent audit of bank portfolio. 

Sec. 51008. Pilot program for reinsurance. 

TITLE LII—PROMOTION OF SMALL BUSINESS EXPORTS 

Sec. 52001. Increase in small business lending requirements. 

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

TITLE LIII—MODERNIZATION OF OPERATIONS 

Sec. 53001. Electronic payments and documents. 

Sec. 53002. Reauthorization of information technology updating. 

TITLE LIV—GENERAL PROVISIONS 

Sec. 54001. Extension of authority. 

Sec. 54002. Certain updated loan terms and amounts. 

TITLE LV—OTHER MATTERS 

Sec. 55001. Prohibition on discrimination based on industry. 

Sec. 55002. Negotiations to end export credit financing. 

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

systems. 

DIVISION F—ENERGY SECURITY 

Sec. 61001. Emergency preparedness for energy supply disruptions. 

Sec. 61002. Resolving environmental and grid reliability conflicts. 

Sec. 61003. Critical electric infrastructure security. 

Sec. 61004. Strategic Transformer Reserve. 

Sec. 61005. Energy security valuation. 

DIVISION G—FINANCIAL SERVICES 

TITLE LXXI—IMPROVING ACCESS TO CAPITAL FOR EMERGING 

GROWTH COMPANIES 

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

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

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

TITLE LXXII—DISCLOSURE MODERNIZATION AND SIMPLIFICATION 

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

Sec. 72002. Improvement of regulation S–K. 

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

TITLE LXXIII—BULLION AND COLLECTIBLE COIN PRODUCTION 

EFFICIENCY AND COST SAVINGS 

Sec. 73001. Technical corrections. 

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

TITLE LXXIV—SBIC ADVISERS RELIEF 

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

Sec. 74002. Advisers of SBICs and private funds. 

Sec. 74003. Relationship to State law. 
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TITLE LXXV—ELIMINATE PRIVACY NOTICE CONFUSION 

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

TITLE LXXVI—REFORMING ACCESS FOR INVESTMENTS IN STARTUP 

ENTERPRISES 

Sec. 76001. Exempted transactions. 

TITLE LXXVII—PRESERVATION ENHANCEMENT AND SAVINGS 

OPPORTUNITY 

Sec. 77001. Distributions and residual receipts. 

Sec. 77002. Future refinancings. 

Sec. 77003. Implementation. 

TITLE LXXVIII—TENANT INCOME VERIFICATION RELIEF 

Sec. 78001. Reviews of family incomes. 

TITLE LXXIX—HOUSING ASSISTANCE EFFICIENCY 

Sec. 79001. Authority to administer rental assistance. 

Sec. 79002. Reallocation of funds. 

TITLE LXXX—CHILD SUPPORT ASSISTANCE 

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

TITLE LXXXI—PRIVATE INVESTMENT IN HOUSING 

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

TITLE LXXXII—CAPITAL ACCESS FOR SMALL COMMUNITY 

FINANCIAL INSTITUTIONS 

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

Federal home loan bank. 

Sec. 82002. GAO Report. 

TITLE LXXXIII—SMALL BANK EXAM CYCLE REFORM 

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

TITLE LXXXIV—SMALL COMPANY SIMPLE REGISTRATION 

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

TITLE LXXXV—HOLDING COMPANY REGISTRATION THRESHOLD 

EQUALIZATION 

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

1 SEC. 2. DEFINITIONS. 

2 In this Act, the following definitions apply: 
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1 (1) DEPARTMENT.—The term ‘‘Department’’ 

2 means the Department of Transportation. 

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

4 the Secretary of Transportation. 

5 SEC. 3. EFFECTIVE DATE. 

6 Except as otherwise provided, this Act, including the 

7 amendments made by this Act, takes effect on October 1, 

8 2015. 

9 SEC. 4. REFERENCES. 

10 Except as expressly provided otherwise, any reference 

11 to ‘‘this Act’’ contained in this division shall be treated as 

12 referring only to the provisions of this division. 

13 TITLE I—FEDERAL-AID 

14 HIGHWAYS 

15 Subtitle A—Authorizations and 

16 Programs 

17 SEC. 1101. AUTHORIZATION OF APPROPRIATIONS. 

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

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

20 than the Mass Transit Account): 

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

22 national highway performance program under section 

23 119 of title 23, United States Code, the surface trans24 portation block grant program under section 133 of 

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

4 that title— 

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

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

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

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

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

10 and 

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

12 (2) TRANSPORTATION INFRASTRUCTURE FINANCE

13 AND INNOVATION PROGRAM.—For credit assistance 

14 under the transportation infrastructure finance and 

15 innovation program under chapter 6 of title 23, 

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

17 years 2016 through 2021. 

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

20 (A) TRIBAL TRANSPORTATION PROGRAM.— 

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

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

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

25 (iii) $485,000,000 for fiscal year 2018; 
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1 (iv) $490,000,000 for fiscal year 2019; 

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

3 and 

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

5 (B) FEDERAL LANDS TRANSPORTATION PRO6 GRAM.— 

7 (i) IN GENERAL.—For the Federal 

8 lands transportation program under section 

9 203 of title 23, United States Code— 

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

11 2016; 

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

13 2017; 

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

15 2018; 

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

17 2019; 

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

19 2020; and 

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

21 2021. 

22 (ii) ALLOCATION.—Of the amount 

23 made available for a fiscal year under 

24 clause (i)— 
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1 (I) the amount for the National 

2 Park Service is— 

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

4 year 2016; 

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

6 year 2017; 

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

8 year 2018; 

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

10 year 2019; 

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

12 year 2020; and 

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

14 year 2021; 

15 (II) the amount for the United 

16 States Fish and Wildlife Service is 

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

18 2016 through 2021; and 

19 (III) the amount for the United 

20 States Forest Service is— 

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

22 year 2016; 

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

24 year 2017; 
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1 (cc) $17,000,000 for fiscal 

2 year 2018; 

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

4 year 2019; 

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

6 year 2020; and 

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

8 year 2021. 

9 (C) FEDERAL LANDS ACCESS PROGRAM.— 

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

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

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

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

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

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

17 and 

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

19 (4) TERRITORIAL AND PUERTO RICO HIGHWAY

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

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

23 2016 through 2021. 

24 (5) NATIONALLY SIGNIFICANT FREIGHT AND

25 HIGHWAY PROJECTS.—For nationally significant 
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1 freight and highway projects under section 117 of title 

2 23, United States Code— 

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

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

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

6 2018 through 2021. 

7 (b) DISADVANTAGED BUSINESS ENTERPRISES.— 

8 (1) FINDINGS.—Congress finds that— 

9 (A) while significant progress has occurred 

10 due to the establishment of the disadvantaged 

11 business enterprise program, discrimination and 

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

15 surface transportation markets across the United 

16 States; 

17 (B) the continuing barriers described in 

18 subparagraph (A) merit the continuation of the 

19 disadvantaged business enterprise program; 

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

22 discrimination from numerous sources, including 

23 congressional hearings and roundtables, scientific 

24 reports, reports issued by public and private 

25 agencies, news stories, reports of discrimination 
18 

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

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

7 discrimination across the United States poses a 

8 barrier to full and fair participation in surface 

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

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

13 in the public and private markets; and 

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

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

20 business. 

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

23 (A) SMALL BUSINESS CONCERN.— 

24 (i) IN GENERAL.—The term ‘‘small 

25 business concern’’ means a small business 
19 

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

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

3 (ii) EXCLUSIONS.—The term ‘‘small 

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

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

8 average annual gross receipts during the 

9 preceding 3 fiscal years in excess of 

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

11 Secretary for inflation. 

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

14 and economically disadvantaged individuals’’ 

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

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

17 and relevant subcontracting regulations issued 

18 pursuant to that Act, except that women shall be 

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

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

25 amounts made available for any program under titles 
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1 I, II, III, and VI of this Act and section 403 of title 

2 23, United States Code, shall be expended through 

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

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

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

8 business concerns referred to in paragraph (3) in 

9 the State, including the location of the small 

10 business concerns in the State; and 

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

12 percentage of the small business concerns that 

13 are controlled by— 

14 (i) women; 

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

17 women); and 

18 (iii) individuals who are women and 

19 are otherwise socially and economically dis20 advantaged individuals. 

21 (5) UNIFORM CERTIFICATION.— 

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

24 State governments in certifying whether a con-
21 

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1 cern qualifies as a small business concern for the 

2 purpose of this subsection. 

3 (B) INCLUSIONS.—The minimum uniform 

4 criteria established under subparagraph (A) shall 

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

7 (i) on-site visits; 

8 (ii) personal interviews with personnel; 

9 (iii) issuance or inspection of licenses; 

10 (iv) analyses of stock ownership; 

11 (v) listings of equipment; 

12 (vi) analyses of bonding capacity; 

13 (vii) listings of work completed; 

14 (viii) examination of the resumes of 

15 principal owners; 

16 (ix) analyses of financial capacity; 

17 and 

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

20 (6) REPORTING.—The Secretary shall establish 

21 minimum requirements for use by State governments 

22 in reporting to the Secretary— 

23 (A) information concerning disadvantaged 

24 business enterprise awards, commitments, and 

25 achievements; and 
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1 (B) such other information as the Secretary 

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

4 program. 

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

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

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

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

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

13 requirement or the implementation of paragraph (3) 

14 is unconstitutional. 

15 (8) SENSE OF CONGRESS ON PROMPT PAYMENT

16 OF DBE SUBCONTRACTORS.—It is the sense of Con17 gress that— 

18 (A) the Secretary should take additional 

19 steps to ensure that recipients comply with sec20 tion 26.29 of title 49, Code of Federal Regula21 tions (the disadvantaged business enterprises 

22 prompt payment rule), or any corresponding 

23 regulation, in awarding federally funded trans24 portation contracts under laws and regulations 

25 administered by the Secretary; and 
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1 (B) such additional steps should include in2 creasing the Department’s ability to track and 

3 keep records of complaints and to make that in4 formation publicly available. 

5 SEC. 1102. OBLIGATION CEILING. 

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

7 and notwithstanding any other provision of law, the obliga8 tions for Federal-aid highway and highway safety construc9 tion programs shall not exceed— 

10 (1) $40,867,000,000 for fiscal year 2016; 

11 (2) $41,599,000,000 for fiscal year 2017; 

12 (3) $42,453,000,000 for fiscal year 2018; 

13 (4) $43,307,000,000 for fiscal year 2019; 

14 (5) $44,201,000,000 for fiscal year 2020; and 

15 (6) $45,096,000,000 for fiscal year 2021. 

16 (b) EXCEPTIONS.—The limitations under subsection 

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

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

19 (2) section 147 of the Surface Transportation As20 sistance Act of 1978 (23 U.S.C. 144 note; 92 Stat. 

21 2714); 

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

23 1981 (95 Stat. 1701); 
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1 (4) subsections (b) and (j) of section 131 of the 

2 Surface Transportation Assistance Act of 1982 (96 

3 Stat. 2119); 

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

5 Surface Transportation and Uniform Relocation As6 sistance Act of 1987 (101 Stat. 198); 

7 (6) sections 1103 through 1108 of the Intermodal 

8 Surface Transportation Efficiency Act of 1991 (105 

9 Stat. 2027); 

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

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

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

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

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

15 those fiscal years); 

16 (9) Federal-aid highway programs for which ob17 ligation authority was made available under the 

18 Transportation Equity Act for the 21st Century (112 

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

20 remain available until expended, but only to the ex21 tent that the obligation authority has not lapsed or 

22 been used; 

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

24 (as in effect for fiscal years 2005 through 2012, but 
25 

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

2 those fiscal years); 

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

4 118 note; 119 Stat. 1248), to the extent that funds ob5 ligated in accordance with that section were not sub6 ject to a limitation on obligations at the time at 

7 which the funds were initially made available for ob8 ligation; 

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

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

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

12 those fiscal years); and 

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

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

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

16 years). 

17 (c) DISTRIBUTION OF OBLIGATION AUTHORITY.—For 

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

19 (1) shall not distribute obligation authority pro20 vided by subsection (a) for the fiscal year for— 

21 (A) amounts authorized for administrative 

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

23 23, United States Code; and 

24 (B) amounts authorized for the Bureau of 

25 Transportation Statistics; 
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1 (2) shall not distribute an amount of obligation 

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

3 the unobligated balance of amounts— 

4 (A) made available from the Highway Trust 

5 Fund (other than the Mass Transit Account) for 

6 Federal-aid highway and highway safety con7 struction programs for previous fiscal years the 

8 funds for which are allocated by the Secretary 

9 (or apportioned by the Secretary under section 

10 202 or 204 of title 23, United States Code); and 

11 (B) for which obligation authority was pro12 vided in a previous fiscal year; 

13 (3) shall determine the proportion that— 

14 (A) the obligation authority provided by 

15 subsection (a) for the fiscal year, less the aggre16 gate of amounts not distributed under para17 graphs (1) and (2) of this subsection; bears to 

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

19 appropriated for the Federal-aid highway and 

20 highway safety construction programs (other 

21 than sums authorized to be appropriated for pro22 visions of law described in paragraphs (1) 

23 through (12) of subsection (b) and sums author24 ized to be appropriated for section 119 of title 

25 23, United States Code, equal to the amount re-
27 

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1 ferred to in subsection (b)(13) for the fiscal 

2 year), less the aggregate of the amounts not dis3 tributed under paragraphs (1) and (2) of this 

4 subsection; 

5 (4) shall distribute the obligation authority pro6 vided by subsection (a), less the aggregate amounts 

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

8 each of the programs (other than programs to which 

9 paragraph (1) applies) that are allocated by the Sec10 retary under this Act and title 23, United States 

11 Code, or apportioned by the Secretary under sections 

12 202 or 204 of that title, by multiplying— 

13 (A) the proportion determined under para14 graph (3); by 

15 (B) the amounts authorized to be appro16 priated for each such program for the fiscal year; 

17 and 

18 (5) shall distribute the obligation authority pro19 vided by subsection (a), less the aggregate amounts 

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

21 amounts distributed under paragraph (4), for Fed22 eral-aid highway and highway safety construction 

23 programs that are apportioned by the Secretary 

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

25 amounts apportioned for the national highway per-
28 

•HR 22 EAH 

1 formance program in section 119 of title 23, United 

2 States Code, that are exempt from the limitation 

3 under subsection (b)(13) and the amounts appor4 tioned under sections 202 and 204 of that title) in the 

5 proportion that— 

6 (A) amounts authorized to be appropriated 

7 for the programs that are apportioned under title 

8 23, United States Code, to each State for the fis9 cal year; bears to 

10 (B) the total of the amounts authorized to 

11 be appropriated for the programs that are ap12 portioned under title 23, United States Code, to 

13 all States for the fiscal year. 

14 (d) REDISTRIBUTION OF UNUSED OBLIGATION AU15 THORITY.—Notwithstanding subsection (c), the Secretary 

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

17 2021— 

18 (1) revise a distribution of the obligation author19 ity made available under subsection (c) if an amount 

20 distributed cannot be obligated during that fiscal 

21 year; and 

22 (2) redistribute sufficient amounts to those States 

23 able to obligate amounts in addition to those pre24 viously distributed during that fiscal year, giving pri25 ority to those States having large unobligated bal-
29 

•HR 22 EAH 

1 ances of funds apportioned under sections 144 (as in 

2 effect on the day before the date of enactment of 

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

4 United States Code. 

5 (e) APPLICABILITY OF OBLIGATION LIMITATIONS TO

6 TRANSPORTATION RESEARCH PROGRAMS.— 

7 (1) IN GENERAL.—Except as provided in para8 graph (2), obligation limitations imposed by sub9 section (a) shall apply to contract authority for trans10 portation research programs carried out under— 

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

12 Code; and 

13 (B) title VI of this Act. 

14 (2) EXCEPTION.—Obligation authority made 

15 available under paragraph (1) shall— 

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

17 years; and 

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

19 limitation imposed on obligations for Federal20 aid highway and highway safety construction 

21 programs for future fiscal years. 

22 (f) REDISTRIBUTION OF CERTAIN AUTHORIZED

23 FUNDS.— 

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

25 the date of distribution of obligation authority under 
30 

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

2 2021, the Secretary shall distribute to the States any 

3 funds (excluding funds authorized for the program 

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

5 that— 

6 (A) are authorized to be appropriated for 

7 the fiscal year for Federal-aid highway pro8 grams; and 

9 (B) the Secretary determines will not be al10 located to the States (or will not be apportioned 

11 to the States under section 204 of title 23, 

12 United States Code), and will not be available 

13 for obligation, for the fiscal year because of the 

14 imposition of any obligation limitation for the 

15 fiscal year. 

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

17 paragraph (1) in the same proportion as the distribu18 tion of obligation authority under subsection (c)(5). 

19 (3) AVAILABILITY.—Funds distributed to each 

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

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

22 States Code. 

23 SEC. 1103. DEFINITIONS. 

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

25 amended— 
31 

•HR 22 EAH 

1 (1) by striking paragraph (29); 

2 (2) by redesignating paragraphs (15) through 

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

4 and 

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

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

8 The term ‘National Highway Freight Network’ means 

9 the National Highway Freight Network established 

10 under section 167.’’. 

11 SEC. 1104. APPORTIONMENT. 

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

13 of title 23, United States Code, is amended to read as fol14 lows: 

15 ‘‘(1) IN GENERAL.—There is authorized to be ap16 propriated from the Highway Trust Fund (other than 

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

18 Secretary for administrative expenses of the Federal 

19 Highway Administration $440,000,000 for each of fis20 cal years 2016 through 2021.’’. 

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

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

23 United States Code, is amended— 

24 (1) in the subsection heading by striking ‘‘DIVI25 SION OF STATE APPORTIONMENTS AMONG PRO-
32 

•HR 22 EAH 

1 GRAMS’’ and inserting ‘‘DIVISION AMONG PROGRAMS

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

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

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

6 (B) by striking ‘‘surface transportation pro7 gram’’ and inserting ‘‘surface transportation 

8 block grant program’’; 

9 (3) in paragraph (2)— 

10 (A) in the paragraph heading by striking 

11 ‘‘SURFACE TRANSPORTATION PROGRAM’’ and in12 serting ‘‘SURFACE TRANSPORTATION BLOCK

13 GRANT PROGRAM’’; and 

14 (B) by striking ‘‘surface transportation pro15 gram’’ and inserting ‘‘surface transportation 

16 block grant program’’; and 

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

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

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

20 (c) CALCULATION OF STATE AMOUNTS.—Section 

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

22 as follows: 

23 ‘‘(c) CALCULATION OF AMOUNTS.— 
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1 ‘‘(1) STATE SHARE.—For each of fiscal years 

2 2016 through 2021, the amount for each State shall 

3 be determined as follows: 

4 ‘‘(A) INITIAL AMOUNTS.—The initial 

5 amounts for each State shall be determined by 

6 multiplying— 

7 ‘‘(i) each of— 

8 ‘‘(I) the base apportionment; 

9 ‘‘(II) supplemental funds reserved 

10 under subsection (h)(1) for the na11 tional highway performance program; 

12 and 

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

15 surface transportation block grant pro16 gram; by 

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

18 shall be equal to the proportion that— 

19 ‘‘(I) the amount of apportion20 ments that the State received for fiscal 

21 year 2015; bears to 

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

24 that fiscal year. 
34 

•HR 22 EAH 

1 ‘‘(B) ADJUSTMENTS TO AMOUNTS.—The ini2 tial amounts resulting from the calculation 

3 under subparagraph (A) shall be adjusted to en4 sure that each State receives an aggregate appor5 tionment equal to at least 95 percent of the esti6 mated tax payments attributable to highway 

7 users in the State paid into the Highway Trust 

8 Fund (other than the Mass Transit Account) in 

9 the most recent fiscal year for which data are 

10 available. 

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

12 fiscal years 2016 through 2021, the Secretary shall 

13 apportion the sums authorized to be appropriated for 

14 expenditure on the national highway performance 

15 program under section 119, the surface transportation 

16 block grant program under section 133, the highway 

17 safety improvement program under section 148, the 

18 congestion mitigation and air quality improvement 

19 program under section 149, and to carry out section 

20 134 in accordance with paragraph (1).’’. 

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

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

23 following: 

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

2 HIGHWAY PERFORMANCE PROGRAM.— 

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

5 the Secretary shall reserve for the national high6 way performance program under section 119 for 

7 that fiscal year an amount equal to— 

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

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

10 and 

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

12 ‘‘(B) TREATMENT OF FUNDS.—Funds re13 served under subparagraph (A) and apportioned 

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

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

16 shall be in addition to amounts apportioned 

17 under that subsection. 

18 ‘‘(2) SUPPLEMENTAL FUNDS FOR SURFACE

19 TRANSPORTATION BLOCK GRANT PROGRAM.— 

20 ‘‘(A) AMOUNT.—Before making an appor21 tionment for a fiscal year under subsection (c), 

22 the Secretary shall reserve for the surface trans23 portation block grant program under section 133 

24 for that fiscal year an amount equal to 

25 $819,900,000 pursuant to section 133(h), plus— 
36 

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

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

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

4 2018; 

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

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

7 and 

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

9 ‘‘(B) TREATMENT OF FUNDS.—Funds re10 served under subparagraph (A) and apportioned 

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

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

13 shall be in addition to amounts apportioned 

14 under that subsection. 

15 ‘‘(i) BASE APPORTIONMENT DEFINED.—In this sec16 tion, the term ‘base apportionment’ means— 

17 ‘‘(1) the combined amount authorized for appro18 priation for the national highway performance pro19 gram under section 119, the surface transportation 

20 block grant program under section 133, the highway 

21 safety improvement program under section 148, the 

22 congestion mitigation and air quality improvement 

23 program under section 149, and to carry out section 

24 134; minus 
37 

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1 ‘‘(2) supplemental funds reserved under sub2 section (h) for the national highway performance pro3 gram and the surface transportation block grant pro4 gram.’’. 

5 SEC. 1105. NATIONAL HIGHWAY PERFORMANCE PROGRAM. 

6 Section 119 of title 23, United States Code, is amend7 ed— 

8 (1) in subsection (e)(7)— 

9 (A) by striking ‘‘this paragraph’’ and in10 serting ‘‘section 150(e)’’; and 

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

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

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

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

15 credit assistance under chapter 6, the Secretary, at the re16 quest of a State, may allow the State to use funds appor17 tioned under section 104(b)(1) to pay subsidy and adminis18 trative costs necessary to provide an eligible entity Federal 

19 credit assistance under chapter 6 with respect to a project 

20 eligible for assistance under this section. 

21 ‘‘(i) ADDITIONAL FUNDING ELIGIBILITY FOR CERTAIN

22 BRIDGES.— 

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

24 State to carry out the national highway performance 

25 program may be obligated for a project for the recon-
38 

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1 struction, resurfacing, restoration, rehabilitation, or 

2 preservation of a bridge not on the National Highway 

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

4 ‘‘(2) LIMITATION.—A State required to make ob5 ligations under subsection (f) shall ensure such re6 quirements are satisfied in order to use the flexibility 

7 under paragraph (1).’’. 

8 SEC. 1106. SURFACE TRANSPORTATION BLOCK GRANT PRO9 GRAM. 

10 (a) FINDINGS.—Congress finds that— 

11 (1) the benefits of the surface transportation 

12 block grant program accrue principally to the resi13 dents of each State and municipality where the funds 

14 are obligated; 

15 (2) decisions about how funds should be obligated 

16 are best determined by the States and municipalities 

17 to respond to unique local circumstances and imple18 ment the most efficient solutions; and 

19 (3) reforms of the program to promote flexibility 

20 will enhance State and local control over transpor21 tation decisions. 

22 (b) SURFACE TRANSPORTATION BLOCK GRANT PRO23 GRAM.—Section 133 of title 23, United States Code, is 

24 amended— 
39 

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

2 and inserting the following: 

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

4 a surface transportation block grant program in accordance 

5 with this section to provide flexible funding to address State 

6 and local transportation needs. 

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

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

9 block grant program may be obligated for the following: 

10 ‘‘(1) Construction of— 

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

12 designated routes of the Appalachian develop13 ment highway system and local access roads 

14 under section 14501 of title 40; 

15 ‘‘(B) ferry boats and terminal facilities eli16 gible for funding under section 129(c); 

17 ‘‘(C) transit capital projects eligible for as18 sistance under chapter 53 of title 49; 

19 ‘‘(D) infrastructure-based intelligent trans20 portation systems capital improvements; 

21 ‘‘(E) truck parking facilities eligible for 

22 funding under section 1401 of MAP–21 (23 

23 U.S.C. 137 note); and 
40 

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1 ‘‘(F) border infrastructure projects eligible 

2 for funding under section 1303 of SAFETEA– 

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

4 ‘‘(2) Operational improvements and capital and 

5 operating costs for traffic monitoring, management, 

6 and control facilities and programs. 

7 ‘‘(3) Environmental measures eligible under sec8 tions 119(g), 328, and 329 and transportation control 

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

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

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

12 ‘‘(4) Highway and transit safety infrastructure 

13 improvements and programs, including railway-high14 way grade crossings. 

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

16 programs in accordance with section 137 and carpool 

17 projects in accordance with section 146. 

18 ‘‘(6) Recreational trails projects eligible for fund19 ing under section 206, pedestrian and bicycle projects 

20 in accordance with section 217 (including modifica21 tions to comply with accessibility requirements under 

22 the Americans with Disabilities Act of 1990 (42 

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

24 program under section 1404 of SAFETEA–LU (23 

25 U.S.C. 402 note). 
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1 ‘‘(7) Planning, design, or construction of boule2 vards and other roadways largely in the right-of-way 

3 of former Interstate System routes or other divided 

4 highways. 

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

6 asset management plan for the National Highway 

7 System and a performance-based management pro8 gram for other public roads. 

9 ‘‘(9) Protection (including painting, scour coun10 termeasures, seismic retrofits, impact protection meas11 ures, security countermeasures, and protection 

12 against extreme events) for bridges (including ap13 proaches to bridges and other elevated structures) and 

14 tunnels on public roads, and inspection and evalua15 tion of bridges and tunnels and other highway assets. 

16 ‘‘(10) Surface transportation planning pro17 grams, highway and transit research and development 

18 and technology transfer programs, and workforce de19 velopment, training, and education under chapter 5 

20 of this title. 

21 ‘‘(11) Surface transportation infrastructure 

22 modifications to facilitate direct intermodal inter23 change, transfer, and access into and out of a port 

24 terminal. 
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1 ‘‘(12) Projects and strategies designed to support 

2 congestion pricing, including electronic toll collection 

3 and travel demand management strategies and pro4 grams. 

5 ‘‘(13) At the request of a State, and upon Secre6 tarial approval of credit assistance under chapter 6, 

7 subsidy and administrative costs necessary to provide 

8 an eligible entity Federal credit assistance under 

9 chapter 6 with respect to a project eligible for assist10 ance under this section. 

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

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

13 oversight of public-private partnerships eligible to re14 ceive funding under this title and chapter 53 of title 

15 49, and the payment of a stipend to unsuccessful pri16 vate bidders to offset their proposal development costs, 

17 if necessary to encourage robust competition in pub18 lic-private partnership procurements. 

19 ‘‘(15) Any type of project eligible under this sec20 tion as in effect on the day before the date of enact21 ment of the Surface Transportation Reauthorization 

22 and Reform Act of 2015, including projects described 

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

24 ‘‘(c) LOCATION OF PROJECTS.—A surface transpor25 tation block grant project may not be undertaken on a road 
43 

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1 functionally classified as a local road or a rural minor col2 lector unless the road was on a Federal-aid highway system 

3 on January 1, 1991, except— 

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

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

6 location); 

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

8 through (11) of subsection (b); 

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

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

11 of the Surface Transportation Reauthorization and 

12 Reform Act of 2015; and 

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

14 ‘‘(d) ALLOCATIONS OF APPORTIONED FUNDS TO

15 AREAS BASED ON POPULATION.— 

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

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

18 of funds under subsection (h))— 

19 ‘‘(A) the percentage specified in paragraph 

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

21 section, in proportion to their relative shares of 

22 the population of the State— 

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

24 with an urbanized area population of over 

25 200,000; 
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1 ‘‘(ii) in areas of the State other than 

2 urban areas with a population greater than 

3 5,000; and 

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

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

6 any area of the State. 

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

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

9 be obligated in the metropolitan area established 

10 under section 134 that encompasses the urbanized 

11 area. 

12 ‘‘(3) CONSULTATION WITH REGIONAL TRANSPOR13 TATION PLANNING ORGANIZATIONS.—For purposes of 

14 paragraph (1)(A)(iii), before obligating funding at15 tributed to an area with a population greater than 

16 5,000 and less than 200,000, a State shall consult 

17 with the regional transportation planning organiza18 tions that represent the area, if any. 

19 ‘‘(4) DISTRIBUTION AMONG URBANIZED AREAS

20 OF OVER 200,000 POPULATION.— 

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

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

23 State is required to obligate under paragraph 

24 (1)(A)(i) shall be obligated in urbanized areas 
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1 described in paragraph (1)(A)(i) based on the 

2 relative population of the areas. 

3 ‘‘(B) OTHER FACTORS.—The State may ob4 ligate the funds described in subparagraph (A) 

5 based on other factors if the State and the rel6 evant metropolitan planning organizations joint7 ly apply to the Secretary for the permission to 

8 base the obligation on other factors and the Sec9 retary grants the request. 

10 ‘‘(5) APPLICABILITY OF PLANNING REQUIRE11 MENTS.—Programming and expenditure of funds for 

12 projects under this section shall be consistent with sec13 tions 134 and 135. 

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

15 in paragraph (1)(A) is— 

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

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

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

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

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

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

22 (2) by striking the section heading and inserting 

23 ‘‘Surface transportation block grant pro24 gram’’; 

25 (3) by striking subsection (e); 
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1 (4) by redesignating subsections (f) through (h) 

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

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

4 subsection— 

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

6 ‘‘104(b)(2)’’; and 

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

8 2014’’ and inserting ‘‘fiscal years 2016 through 

9 2021’’; 

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

11 subsection, by striking ‘‘under subsection 

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

13 2014’’ and inserting ‘‘under subsection (d)(1)(A)(ii) 

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

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

16 ‘‘(h) STP SET-ASIDE.— 

17 ‘‘(1) RESERVATION OF FUNDS.—Of the funds ap18 portioned to a State under section 104(b)(2) for each 

19 fiscal year, the Secretary shall reserve an amount 

20 such that— 

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

22 $819,900,000 under this subsection; and 

23 ‘‘(B) the State’s share of that total is deter24 mined by multiplying the amount under sub25 paragraph (A) by the ratio that— 
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1 ‘‘(i) the amount apportioned to the 

2 State for the transportation enhancements 

3 program for fiscal year 2009 under section 

4 133(d)(2), as in effect on the day before the 

5 date of enactment of MAP–21; bears to 

6 ‘‘(ii) the total amount of funds appor7 tioned to all States for the transportation 

8 enhancements program for fiscal year 2009. 

9 ‘‘(2) ALLOCATION WITHIN A STATE.—Funds re10 served for a State under paragraph (1) shall be obli11 gated within that State in the manner described in 

12 subsection (d), except that, for purposes of this para13 graph (after funds are made available under para14 graph (5))— 

15 ‘‘(A) for each fiscal year, the percentage re16 ferred to in paragraph (1)(A) of that subsection 

17 shall be deemed to be 50 percent; and 

18 ‘‘(B) the following provisions shall not 

19 apply: 

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

21 ‘‘(ii) Subsection (e). 

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

23 under this subsection may be obligated for projects or 

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

25 such provisions were in effect on the day before the 
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1 date of enactment of the Surface Transportation Re2 authorization and Reform Act of 2015. 

3 ‘‘(4) ACCESS TO FUNDS.— 

4 ‘‘(A) IN GENERAL.—A State or metropoli5 tan planning organization required to obligate 

6 funds in accordance with paragraph (2) shall de7 velop a competitive process to allow eligible enti8 ties to submit projects for funding that achieve 

9 the objectives of this subsection. A metropolitan 

10 planning organization for an area described in 

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

12 such process in consultation with the relevant 

13 State. 

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

15 paragraph, the term ‘eligible entity’ means— 

16 ‘‘(i) a local government; 

17 ‘‘(ii) a regional transportation author18 ity; 

19 ‘‘(iii) a transit agency; 

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

21 agency; 

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

23 agency, or school; 

24 ‘‘(vi) a tribal government; and 
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1 ‘‘(vii) any other local or regional gov2 ernmental entity with responsibility for or 

3 oversight of transportation or recreational 

4 trails (other than a metropolitan planning 

5 organization or a State agency) that the 

6 State determines to be eligible, consistent 

7 with the goals of this subsection. 

8 ‘‘(5) CONTINUATION OF CERTAIN RECREATIONAL

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

10 shall— 

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

12 under this section equal to the amount of the 

13 funds apportioned to the State for fiscal year 

14 2009 under section 104(h)(2), as in effect on the 

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

16 projects relating to recreational trails under sec17 tion 206; 

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

19 Secretary for the administration of that pro20 gram; and 

21 ‘‘(C) comply with the provisions of the ad22 ministration of the recreational trails program 

23 under section 206, including the use of appor24 tioned funds described in subsection (d)(3)(A) of 

25 that section. 
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1 ‘‘(6) STATE FLEXIBILITY.— 

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

3 opt out of the recreational trails program under 

4 paragraph (5) if the Governor of the State noti5 fies the Secretary not later than 30 days prior 

6 to apportionments being made for any fiscal 

7 year. 

8 ‘‘(B) LARGE URBANIZED AREAS.—A metro9 politan planning area may use not to exceed 50 

10 percent of the funds reserved under this sub11 section for an urbanized area described in sub12 section (d)(1)(A)(i) for any purpose eligible 

13 under subsection (b). 

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

15 any other provision of law, projects funded under this sec16 tion (excluding those carried out under subsection (h)(5)) 

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

18 this chapter.’’. 

19 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

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

21 United States Code, is amended— 

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

23 ‘‘section 133(h)’’; and 

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

25 inserting ‘‘section 133(h)’’. 
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1 (2) SECTION 213.—Section 213 of title 23, 

2 United States Code, is repealed. 

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

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

5 transportation program’’ and inserting ‘‘surface 

6 transportation block grant program’’. 

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

8 United States Code, is amended— 

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

10 ‘‘104(b)(2)’’; and 

11 (B) by striking ‘‘surface transportation pro12 gram’’ and inserting ‘‘surface transportation 

13 block grant program’’. 

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

15 States Code, is amended by striking ‘‘surface trans16 portation program’’ each place it appears and insert17 ing ‘‘surface transportation block grant program’’. 

18 (6) CHAPTER ANALYSES.— 

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

20 1 of title 23, United States Code, is amended by 

21 striking the item relating to section 133 and in22 serting the following: 

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

23 (B) CHAPTER 2.—The item relating to sec24 tion 213 in the analysis for chapter 2 of title 23, 

25 United States Code, is repealed. 
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1 (7) OTHER REFERENCES.—Any reference in any 

2 other law, regulation, document, paper, or other 

3 record of the United States to the surface transpor4 tation program under section 133 of title 23, United 

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

6 surface transportation block grant program under 

7 such section. 

8 SEC. 1107. RAILWAY-HIGHWAY GRADE CROSSINGS. 

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

10 amended to read as follows: 

11 ‘‘(1) IN GENERAL.— 

12 ‘‘(A) SET ASIDE.—Before making an appor13 tionment under section 104(b)(3) for a fiscal 

14 year, the Secretary shall set aside, from amounts 

15 made available to carry out the highway safety 

16 improvement program under section 148 for such 

17 fiscal year, for the elimination of hazards and 

18 the installation of protective devices at railway19 highway crossings at least— 

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

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

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

23 2018; 

24 ‘‘(iv) $240,000,000 for fiscal year 2019; 
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1 ‘‘(v) $245,000,000 for fiscal year 2020; 

2 and 

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

4 ‘‘(B) INSTALLATION OF PROTECTIVE DEVICES.—At least 1 5 ⁄2 of the funds set aside each 

6 fiscal year under subparagraph (A) shall be 

7 available for the installation of protective devices 

8 at railway-highway crossings. 

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

10 aside each fiscal year under subparagraph (A) 

11 shall be available for obligation in the same 

12 manner as funds apportioned under section 

13 104(b)(1) of this title.’’. 

14 SEC. 1108. HIGHWAY SAFETY IMPROVEMENT PROGRAM. 

15 (a) DEFINITIONS.— 

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

17 United States Code, is amended— 

18 (A) in paragraph (4)(B)— 

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

20 by striking ‘‘includes, but is not limited to,’’ 

21 and inserting ‘‘only includes’’; and 

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

23 ‘‘(xxv) Installation of vehicle-to-infra24 structure communication equipment. 

25 ‘‘(xxvi) Pedestrian hybrid beacons. 
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1 ‘‘(xxvii) Roadway improvements that 

2 provide separation between pedestrians and 

3 motor vehicles, including medians and pe4 destrian crossing islands. 

5 ‘‘(xxviii) A physical infrastructure 

6 safety project not described in clauses (i) 

7 through (xxvii).’’; 

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

9 (C) by redesignating paragraphs (11) 

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

11 respectively. 

12 (2) CONFORMING AMENDMENTS.—Section 148 of 

13 title 23, United States Code, is amended— 

14 (A) in subsection (c)(1)(A) by striking ‘‘sub15 sections (a)(12)’’ and inserting ‘‘subsections 

16 (a)(11)’’; and 

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

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

19 (a)(11)’’. 

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

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

22 following: 

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

24 process to allow a State to cease to collect the subset 
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1 referred to in paragraph (2)(A) for public roads that 

2 are gravel roads or otherwise unpaved if— 

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

4 to carry out this section for a project on such 

5 roads until the State completes a collection of the 

6 required model inventory of roadway elements 

7 for the roads; and 

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

9 consulted with affected Indian tribes before ceas10 ing to collect data with respect to such roads that 

11 are included in the National Tribal Transpor12 tation Facility Inventory. 

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

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

15 cease data collection related to serious injuries or fa16 talities.’’. 

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

18 23, United States Code, is amended— 

19 (1) by striking ‘‘If the fatality rate’’ and insert20 ing the following: 

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

22 and 

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

24 ‘‘(B) FATALITIES EXCEEDING THE MEDIAN

25 RATE.—If the fatality rate on rural roads in a 
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1 State, for the most recent 2-year period for which 

2 data is available, is more than the median fatal3 ity rate for rural roads among all States for 

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

5 demonstrate, in the subsequent State strategic 

6 highway safety plan of the State, strategies to 

7 address fatalities and achieve safety improve8 ments on high risk rural roads.’’. 

9 (d) COMMERCIAL MOTOR VEHICLE SAFETY BEST

10 PRACTICES.— 

11 (1) REVIEW.—The Secretary shall conduct a re12 view of best practices with respect to the implementa13 tion of roadway safety infrastructure improvements 

14 that— 

15 (A) are cost effective; and 

16 (B) reduce the number or severity of acci17 dents involving commercial motor vehicles. 

18 (2) CONSULTATION.—In conducting the review 

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

20 State transportation departments and units of local 

21 government. 

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

23 date of enactment of this Act, the Secretary shall sub24 mit to the Committee on Transportation and Infra25 structure of the House of Representatives and the 
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1 Committee on Environment and Public Works of the 

2 Senate, and make available on the public Internet 

3 Web site of the Department, a report describing the 

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

5 SEC. 1109. CONGESTION MITIGATION AND AIR QUALITY IM6 PROVEMENT PROGRAM. 

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

8 United States Code, is amended— 

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

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

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

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

13 ‘‘(9) if the project or program is for the installa14 tion of vehicle-to-infrastructure communication equip15 ment.’’. 

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

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

18 ‘‘(d) STATES FLEXIBILITY.— 

19 ‘‘(1) STATES WITHOUT A NONATTAINMENT

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

21 a nonattainment area designated under the Clean Air 

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

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

24 any project in the State that— 
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1 ‘‘(A) would otherwise be eligible under sub2 section (b) if the project were carried out in a 

3 nonattainment or maintenance area; or 

4 ‘‘(B) is eligible under the surface transpor5 tation block grant program under section 133. 

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

7 ‘‘(A) IN GENERAL.—If a State has a non8 attainment area or maintenance area and re9 ceived funds in fiscal year 2009 under section 

10 104(b)(2)(D), as in effect on the day before the 

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

12 amount of funds that the State would have re13 ceived based on the nonattainment and mainte14 nance area population of the State under sub15 paragraphs (B) and (C) of section 104(b)(2), as 

16 in effect on the day before the date of enactment 

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

18 project that would otherwise be eligible under 

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

20 a nonattainment or maintenance area or is eli21 gible under the surface transportation block 

22 grant program under section 133, an amount of 

23 funds apportioned to such State under section 

24 104(b)(4) that is equal to the product obtained 

25 by multiplying— 
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1 ‘‘(i) the amount apportioned to such 

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

3 amounts reserved for obligation under sub4 section (k)(1)); by 

5 ‘‘(ii) the ratio calculated under sub6 paragraph (B). 

7 ‘‘(B) RATIO.—For purposes of this para8 graph, the ratio shall be calculated as the pro9 portion that— 

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

11 such State was permitted by section 

12 149(c)(2), as in effect on the day before the 

13 date of enactment of the MAP–21, to obli14 gate in any area of the State for projects el15 igible under section 133, as in effect on the 

16 day before the date of enactment of the 

17 MAP–21; bears to 

18 ‘‘(ii) the total apportionment to such 

19 State for fiscal year 2009 under section 

20 104(b)(2), as in effect on the day before the 

21 date of enactment of the MAP–21. 

22 ‘‘(3) CHANGES IN DESIGNATION.—If a new non23 attainment area is designated or a previously des24 ignated nonattainment area is redesignated as an at25 tainment area in a State under the Clean Air Act (42 
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1 U.S.C. 7401 et seq.), the Secretary shall modify, in a 

2 manner consistent with the approach that was in ef3 fect on the day before the date of enactment of MAP– 

4 21, the amount such State is permitted to obligate in 

5 any area of the State for projects eligible under sec6 tion 133.’’. 

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

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

9 ‘‘(3) PRIORITY CONSIDERATION.— 

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

11 received for congestion mitigation and air qual12 ity projects and programs from apportionments 

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

14 nonattainment or maintenance for PM2.5 under 

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

16 where regional motor vehicle emissions are not 

17 an insignificant contributor to the air quality 

18 problem for PM2.5, States and metropolitan 

19 planning organizations shall give priority to 

20 projects, including diesel retrofits or alternative 

21 fuel vehicles, that are proven to reduce direct or 

22 indirect emissions of PM2.5. 

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

24 extent practicable, funding used in an area de25 scribed in subparagraph (A) shall be used on the 
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1 most cost-effective projects and programs that are 

2 proven to reduce directly or indirectly emitted 

3 fine particulate matter.’’. 

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

5 Section 149(k) of title 23, United States Code, is amend6 ed— 

7 (1) in paragraph (1) by striking ‘‘such fine par8 ticulate’’ and inserting ‘‘directly emitted fine particu9 late’’; and 

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

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

12 IN LOW POPULATION DENSITY STATES.— 

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

14 population density of 80 or fewer persons per 

15 square mile of land area, based on the most re16 cent decennial census, subsection (g)(3) and 

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

18 apply to a nonattainment or maintenance area 

19 in the State if— 

20 ‘‘(i) the nonattainment or maintenance 

21 area does not have projects that are part of 

22 the emissions analysis of a metropolitan 

23 transportation plan or transportation im24 provement program; and 
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1 ‘‘(ii) regional motor vehicle emissions 

2 are an insignificant contributor to the air 

3 quality problem for PM2.5 in the non4 attainment or maintenance area. 

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

6 applies to a nonattainment or maintenance area 

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

8 under paragraph (1) shall be reduced for that 

9 State proportionately based on the weighted pop10 ulation of the area in fine particulate matter 

11 nonattainment.’’. 

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

13 title 23, United States Code, is amended by inserting ‘‘emis14 sion and congestion reduction’’ after ‘‘achieving the’’. 

15 SEC. 1110. NATIONAL HIGHWAY FREIGHT POLICY. 

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

17 States Code, is amended to read as follows: 

18 ‘‘§ 167. National highway freight policy 

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

20 States to improve the condition and performance of the Na21 tional Highway Freight Network established under this sec22 tion to ensure that the Network provides a foundation for 

23 the United States to compete in the global economy and 

24 achieve the goals described in subsection (b). 
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1 ‘‘(b) GOALS.—The goals of the national highway 

2 freight policy are— 

3 ‘‘(1) to invest in infrastructure improvements 

4 and to implement operational improvements that— 

5 ‘‘(A) strengthen the contribution of the Na6 tional Highway Freight Network to the economic 

7 competitiveness of the United States; 

8 ‘‘(B) reduce congestion and bottlenecks on 

9 the National Highway Freight Network; and 

10 ‘‘(C) increase productivity, particularly for 

11 domestic industries and businesses that create 

12 high-value jobs; 

13 ‘‘(2) to improve the safety, security, and resil14 ience of highway freight transportation; 

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

16 National Highway Freight Network; 

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

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

19 National Highway Freight Network; 

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

21 National Highway Freight Network; 

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

23 movement of goods that— 

24 ‘‘(A) travel across rural areas between pop25 ulation centers; and 
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1 ‘‘(B) travel between rural areas and popu2 lation centers; 

3 ‘‘(7) to improve the flexibility of States to sup4 port multi-State corridor planning and the creation 

5 of multi-State organizations to increase the ability of 

6 States to address highway freight connectivity; and 

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

8 freight movement on the National Highway Freight 

9 Network. 

10 ‘‘(c) ESTABLISHMENT OF NATIONAL HIGHWAY

11 FREIGHT NETWORK.— 

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

13 a National Highway Freight Network in accordance 

14 with this section to strategically direct Federal re15 sources and policies toward improved performance of 

16 the Network. 

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

18 Highway Freight Network shall consist of— 

19 ‘‘(A) the Interstate System; 

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

21 the 41,000-mile comprehensive primary freight 

22 network developed by the Secretary under section 

23 167(d) as in effect on the day before the date of 

24 enactment of the Surface Transportation Reau25 thorization and Reform Act of 2015; and 
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1 ‘‘(C) additional non-Interstate highway seg2 ments designated by the States under subsection 

3 (d). 

4 ‘‘(d) STATE ADDITIONS TO NETWORK.— 

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

6 the date of enactment of the Surface Transportation 

7 Reauthorization and Reform Act of 2015, each State, 

8 in consultation with the State freight advisory com9 mittee, may increase the number of miles designated 

10 as part of the National Highway Freight Network by 

11 not more than 10 percent of the miles designated in 

12 that State under subparagraphs (A) and (B) of sub13 section (c)(2) if the additional miles— 

14 ‘‘(A) close gaps between segments of the Na15 tional Highway Freight Network; 

16 ‘‘(B) establish connections from the Na17 tional Highway Freight Network to critical fa18 cilities for the efficient movement of freight, in19 cluding ports, freight railroads, international 

20 border crossings, airports, intermodal facilities, 

21 warehouse and logistics centers, and agricultural 

22 facilities; or 

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

24 corridors or critical commerce corridors. 

25 ‘‘(2) SUBMISSION.—Each State shall— 
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1 ‘‘(A) submit to the Secretary a list of the 

2 additional miles added under this subsection; 

3 and 

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

5 the requirements of paragraph (1). 

6 ‘‘(e) REDESIGNATION.— 

7 ‘‘(1) REDESIGNATION BY SECRETARY.— 

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

9 years after the date of enactment of the Surface 

10 Transportation Reauthorization and Reform Act 

11 of 2015, and every 5 years thereafter, the Sec12 retary shall redesignate the highway segments 

13 designated by the Secretary under subsection 

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

15 Freight Network. 

16 ‘‘(B) CONSIDERATIONS.—In redesignating 

17 highway segments under subparagraph (A), the 

18 Secretary shall consider— 

19 ‘‘(i) changes in the origins and des20 tinations of freight movements in the 

21 United States; 

22 ‘‘(ii) changes in the percentage of an23 nual average daily truck traffic in the an24 nual average daily traffic on principal arte25 rials; 
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1 ‘‘(iii) changes in the location of key fa2 cilities; 

3 ‘‘(iv) critical emerging freight corridors 

4 and critical commerce corridors; and 

5 ‘‘(v) network connectivity. 

6 ‘‘(C) LIMITATION.—Each redesignation 

7 under subparagraph (A) may increase the mile8 age on the National Highway Freight Network 

9 designated by the Secretary by not more than 3 

10 percent. 

11 ‘‘(2) REDESIGNATION BY STATES.— 

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

13 years after the date of enactment of the Surface 

14 Transportation Reauthorization and Reform Act 

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

16 may, in consultation with the State freight advi17 sory committee, redesignate the highway seg18 ments designated by the State under subsection 

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

20 Freight Network. 

21 ‘‘(B) CONSIDERATIONS.—In redesignating 

22 highway segments under subparagraph (A), the 

23 State shall consider— 

24 ‘‘(i) gaps between segments of the Na25 tional Highway Freight Network; 
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1 ‘‘(ii) needed connections from the Na2 tional Highway Freight Network to critical 

3 facilities for the efficient movement of 

4 freight, including ports, freight railroads, 

5 international border crossings, airports, 

6 intermodal facilities, warehouse and logis7 tics centers, and agricultural facilities; and 

8 ‘‘(iii) critical emerging freight cor9 ridors or critical commerce corridors. 

10 ‘‘(C) LIMITATION.—Each redesignation 

11 under subparagraph (A) may increase the mile12 age on the National Highway Freight Network 

13 designated by the State by not more than 3 per14 cent. 

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

16 the advisement of the State freight advisory com17 mittee, shall— 

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

19 the miles redesignated under this para20 graph; and 

21 ‘‘(ii) certify that the redesignated miles 

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

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

24 1 of title 23, United States Code, is amended by striking 

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

‘‘167. National highway freight policy.’’. 
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1 SEC. 1111. NATIONALLY SIGNIFICANT FREIGHT AND HIGH2 WAY PROJECTS. 

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

4 amended by inserting after section 116 the following: 

5 ‘‘§ 117. Nationally significant freight and highway 

6 projects 

7 ‘‘(a) ESTABLISHMENT.—There is established a nation8 ally significant freight and highway projects program to 

9 provide financial assistance for projects of national or re10 gional significance that will— 

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

13 ‘‘(2) generate national or regional economic ben14 efits and an increase in the global economic competi15 tiveness of the United States; 

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

17 ‘‘(4) improve connectivity between modes of 

18 freight transportation; or 

19 ‘‘(5) enhance the resiliency of critical highway 

20 infrastructure, including highway infrastructure that 

21 supports national energy security. 

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

24 grants, on a competitive basis, in accordance with this sec25 tion. 

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

2 grant under this section to the following: 

3 ‘‘(A) A State or group of States. 

4 ‘‘(B) A metropolitan planning organization 

5 that serves an urbanized area (as defined by the 

6 Bureau of the Census) with a population of more 

7 than 200,000 individuals. 

8 ‘‘(C) A unit of local government. 

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

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

12 ‘‘(E) A Federal land management agency 

13 that applies jointly with a State or group of 

14 States. 

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

16 under this section, an entity specified in paragraph 

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

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

20 ‘‘(d) ELIGIBLE PROJECTS.— 

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

23 this section only for a project that— 

24 ‘‘(A) is— 
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1 ‘‘(i) a freight project carried out on the 

2 National Highway Freight Network estab3 lished under section 167 of this title; 

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

6 including— 

7 ‘‘(I) a project to add capacity to 

8 the Interstate System to improve mo9 bility; and 

10 ‘‘(II) a project in a national sce11 nic area; 

12 ‘‘(iii) an intermodal or rail freight 

13 project carried out on the National 

14 Multimodal Freight Network established 

15 under section 70103 of title 49; or 

16 ‘‘(iv) a railway-highway grade cross17 ing or grade separation project; and 

18 ‘‘(B) has eligible project costs that are rea19 sonably anticipated to equal or exceed the lesser 

20 of— 

21 ‘‘(i) $100,000,000; or 

22 ‘‘(ii) in the case of a project— 

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

24 of the amount apportioned under this 
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1 chapter to the State in the most re2 cently completed fiscal year; or 

3 ‘‘(II) located in more than 1 

4 State, 50 percent of the amount appor5 tioned under this chapter to the par6 ticipating State with the largest ap7 portionment under this chapter in the 

8 most recently completed fiscal year. 

9 ‘‘(2) LIMITATION.— 

10 ‘‘(A) IN GENERAL.—Not more than 

11 $500,000,000 of the amounts made available for 

12 grants under this section for fiscal years 2016 

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

14 make grants for projects described in paragraph 

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

16 a grant under this section if— 

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

18 improvement to freight movements on the 

19 National Highway Freight Network; and 

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

21 funds only elements of the project that pro22 vide public benefits. 

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

24 subparagraph (A) shall— 
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1 ‘‘(i) not apply to a railway-highway 

2 grade crossing or grade separation project; 

3 and 

4 ‘‘(ii) with respect to a multimodal 

5 project, shall apply only to the non-highway 

6 portion or portions of the project. 

7 ‘‘(e) ELIGIBLE PROJECT COSTS.—Grant amounts re8 ceived for a project under this section may be used for— 

9 ‘‘(1) development phase activities, including 

10 planning, feasibility analysis, revenue forecasting, en11 vironmental review, preliminary engineering and de12 sign work, and other preconstruction activities; and 

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

14 acquisition of real property (including land related to 

15 the project and improvements to the land), environ16 mental mitigation, construction contingencies, acqui17 sition of equipment, and operational improvements. 

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

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

20 only if the relevant applicant demonstrates that— 

21 ‘‘(1) the project will generate national or re22 gional economic, mobility, or safety benefits; 

23 ‘‘(2) the project will be cost effective; 
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1 ‘‘(3) the project will contribute to the accom2 plishment of 1 or more of the national goals described 

3 under section 150 of this title; 

4 ‘‘(4) the project is based on the results of prelimi5 nary engineering; 

6 ‘‘(5) with respect to related non-Federal finan7 cial commitments— 

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

9 sources of funding and financing are available to 

10 construct, maintain, and operate the project; and 

11 ‘‘(B) contingency amounts are available to 

12 cover unanticipated cost increases; 

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

14 other funding available to the project sponsor under 

15 this chapter; and 

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

17 construction not later than 18 months after the date 

18 of obligation of funds for the project. 

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

20 grant under this section, the Secretary shall consider— 

21 ‘‘(1) the extent to which a project utilizes non22 traditional financing, innovative design and con23 struction techniques, or innovative technologies; 

24 ‘‘(2) the amount and source of non-Federal con25 tributions with respect to the proposed project; and 
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1 ‘‘(3) the need for geographic diversity among 

2 grant recipients, including the need for a balance be3 tween the needs of rural and urban communities. 

4 ‘‘(h) RESERVED AMOUNTS.— 

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

6 not less than 10 percent of the amounts made avail7 able for grants under this section each fiscal year to 

8 make grants for projects described in subsection 

9 (d)(1)(A) that do not satisfy the minimum threshold 

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

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

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

13 $5,000,000. 

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

15 addition to other applicable requirements, in making 

16 grants under this subsection the Secretary shall con17 sider— 

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

19 project; and 

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

21 mobility in the State and region in which the 

22 project is carried out. 

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

24 which qualified applications for grants under this 

25 subsection will not allow for the amount reserved 
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1 under paragraph (1) to be fully utilized, the Secretary 

2 shall use the unutilized amounts to make other grants 

3 under this section. 

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

5 not less than 20 percent of the amounts made avail6 able for grants under this section, including the 

7 amounts made available under paragraph (1), each 

8 fiscal year to make grants for projects located in 

9 rural areas. 

10 ‘‘(i) FEDERAL SHARE.— 

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

12 of a project assisted with a grant under this section 

13 may not exceed 50 percent. 

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

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

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

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

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

19 project does not exceed 80 percent of project costs. 

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

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

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

23 part of the amounts provided to the entities from grants 

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

25 were made if— 
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1 ‘‘(1) the agreement will benefit each entity enter2 ing into the agreement; and 

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

4 of any such entity. 

5 ‘‘(k) TREATMENT OF FREIGHT PROJECTS.—Notwith6 standing any other provision of law, a freight project car7 ried out under this section shall be treated as if the project 

8 is located on a Federal-aid highway. 

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

10 applicant under this section, the Secretary may use 

11 amounts awarded to the entity to pay subsidy and adminis12 trative costs necessary to provide the entity Federal credit 

13 assistance under chapter 6 with respect to the project for 

14 which the grant was awarded. 

15 ‘‘(m) CONGRESSIONAL NOTIFICATION.— 

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

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

18 Secretary shall notify, in writing, the Committee on 

19 Transportation and Infrastructure of the House of 

20 Representatives and the Committee on Environment 

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

22 The notification shall include an evaluation and jus23 tification for the project and the amount of the pro24 posed grant award. 
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1 ‘‘(2) CONGRESSIONAL DISAPPROVAL.—The Sec2 retary may not make a grant or any other obligation 

3 or commitment to fund a project under this section 

4 if a joint resolution is enacted disapproving funding 

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

6 described in paragraph (1). 

7 ‘‘(n) FACILITATING COMMERCIAL WATERBORNE

8 TRANSPORTATION.—Notwithstanding any other provision 

9 of law, or rights granted thereunder, and provided that the 

10 requirements of the National Environmental Policy Act of 

11 1969 (42 U.S.C. 4321 et seq.) are met, a property owner 

12 may develop, construct, operate, and maintain pier, wharf, 

13 or other such load-out structures on that property and on 

14 or above adjacent beds of the navigable waters of the United 

15 States to facilitate the commercial waterborne transpor16 tation of domestic aggregate that may supply an eligible 

17 project under this section, including salt, sand, and gravel, 

18 from reserves located within ten miles of the property.’’. 

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

20 1 of title 23, United States Code, is amended by inserting 

21 after the item relating to section 116 the following: 

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

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

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

24 the table of contents in section 1(b) of such Act, are repealed. 
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1 SEC. 1112. TERRITORIAL AND PUERTO RICO HIGHWAY PRO2 GRAM. 

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

4 amended— 

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

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

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

8 and inserting ‘‘$42,000,000’’. 

9 SEC. 1113. FEDERAL LANDS AND TRIBAL TRANSPORTATION 

10 PROGRAM. 

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

12 amended by adding at the end the following: 

13 ‘‘(C) TRIBAL DATA COLLECTION.—In addi14 tion to the data to be collected under subpara15 graph (A), not later than 90 days after the last 

16 day of each fiscal year, any entity carrying out 

17 a project under the tribal transportation pro18 gram under section 202 shall submit to the Sec19 retary and the Secretary of the Interior, based on 

20 obligations and expenditures under the tribal 

21 transportation program during the preceding fis22 cal year, the following data: 

23 ‘‘(i) The names of projects and activi24 ties carried out by the entity under the trib25 al transportation program during the pre26 ceding fiscal year. 
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1 ‘‘(ii) A description of the projects and 

2 activities identified under clause (i). 

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

4 and activities identified under clause (i). 

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

6 created and the number of jobs retained by 

7 the projects and activities identified under 

8 clause (i).’’. 

9 SEC. 1114. TRIBAL TRANSPORTATION PROGRAM. 

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

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

12 SEC. 1115. FEDERAL LANDS TRANSPORTATION PROGRAM. 

13 Section 203 of title 23, United States Code, is amend14 ed— 

15 (1) in subsection (a)(1)(B) by striking ‘‘oper16 ation’’ and inserting ‘‘capital, operations,’’; 

17 (2) in subsection (b)— 

18 (A) in paragraph (1)(B)— 

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

20 the end; 

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

22 at the end and inserting a semicolon; and 

23 (iii) by adding at the end the fol24 lowing: 

25 ‘‘(vi) the Bureau of Reclamation; and 
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1 ‘‘(vii) independent Federal agencies 

2 with natural resource and land manage3 ment responsibilities.’’; and 

4 (B) in paragraph (2)(B)— 

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

6 by inserting ‘‘performance management, in7 cluding’’ after ‘‘support’’; and 

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

9 and’’ and inserting ‘‘; and’’; and 

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

11 the following: 

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

13 SEC. 1116. TRIBAL TRANSPORTATION SELF-GOVERNANCE 

14 PROGRAM. 

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

16 Code, is amended by inserting after section 206 the fol17 lowing: 

18 ‘‘§ 207. Tribal transportation self-governance program 

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

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

21 program to be known as the tribal transportation self-gov22 ernance program. The Secretary may delegate responsibil23 ities for administration of the program as the Secretary de24 termines appropriate. 

25 ‘‘(b) ELIGIBILITY.— 
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1 ‘‘(1) IN GENERAL.—Subject to paragraphs (2) 

2 and (3), an Indian tribe shall be eligible to partici3 pate in the program if the Indian tribe requests par4 ticipation in the program by resolution or other offi5 cial action by the governing body of the Indian tribe, 

6 and demonstrates, for the preceding 3 fiscal years, fi7 nancial stability and financial management capa8 bility, and transportation program management ca9 pability. 

10 ‘‘(2) CRITERIA FOR DETERMINING FINANCIAL

11 STABILITY AND FINANCIAL MANAGEMENT CAPACITY.— 

12 For the purposes of paragraph (1), evidence that, dur13 ing the preceding 3 fiscal years, an Indian tribe had 

14 no uncorrected significant and material audit excep15 tions in the required annual audit of the Indian 

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

17 funding agreements with any Federal agency shall be 

18 conclusive evidence of the required financial stability 

19 and financial management capability. 

20 ‘‘(3) CRITERIA FOR DETERMINING TRANSPOR21 TATION PROGRAM MANAGEMENT CAPABILITY.—The 

22 Secretary shall require an Indian tribe to dem23 onstrate transportation program management capa24 bility, including the capability to manage and com25 plete projects eligible under this title and projects eli-
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1 gible under chapter 53 of title 49, to gain eligibility 

2 for the program. 

3 ‘‘(c) COMPACTS.— 

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

5 an eligible Indian tribe, and subject to the require6 ments of this section, the Secretary shall negotiate 

7 and enter into a written compact with the Indian 

8 tribe for the purpose of providing for the participa9 tion of the Indian tribe in the program. 

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

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

12 government-to-government relationship between the 

13 Indian tribe and the United States under the pro14 gram and other terms that will continue to apply in 

15 future fiscal years. 

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

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

18 amended only by mutual agreement of the Indian 

19 tribe and the Secretary. 

20 ‘‘(d) ANNUAL FUNDING AGREEMENTS.— 

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

22 entering into a compact with an Indian tribe under 

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

24 into a written annual funding agreement with the In25 dian tribe. 
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1 ‘‘(2) CONTENTS.— 

2 ‘‘(A) IN GENERAL.— 

3 ‘‘(i) FORMULA FUNDING AND DISCRE4 TIONARY GRANTS.—A funding agreement 

5 entered into with an Indian tribe shall au6 thorize the Indian tribe, as determined by 

7 the Indian tribe, to plan, conduct, consoli8 date, administer, and receive full tribal 

9 share funding, tribal transit formula fund10 ing, and funding to tribes from discre11 tionary and competitive grants adminis12 tered by the Department for all programs, 

13 services, functions, and activities (or por14 tions thereof) that are made available to In15 dian tribes to carry out tribal transpor16 tation programs and programs, services, 

17 functions, and activities (or portions there18 of) administered by the Secretary that are 

19 otherwise available to Indian tribes. 

20 ‘‘(ii) TRANSFERS OF STATE FUNDS.— 

21 ‘‘(I) INCLUSION OF TRANSFERRED

22 FUNDS IN FUNDING AGREEMENT.—A 

23 funding agreement entered into with 

24 an Indian tribe shall include Federal25 aid funds apportioned to a State under 
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1 chapter 1 if the State elects to provide 

2 a portion of such funds to the Indian 

3 tribe for a project eligible under section 

4 202(a). 

5 ‘‘(II) METHOD FOR TRANSFERS.— 

6 If a State elects to provide funds de7 scribed in subclause (I) to an Indian 

8 tribe, the State shall transfer the funds 

9 back to the Secretary and the Secretary 

10 shall transfer the funds to the Indian 

11 tribe in accordance with this section. 

12 ‘‘(III) RESPONSIBILITY FOR

13 TRANSFERRED FUNDS.—Notwith14 standing any other provision of law, if 

15 a State provides funds described in 

16 subclause (I) to an Indian tribe— 

17 ‘‘(aa) the State shall not be 

18 responsible for constructing or 

19 maintaining a project carried out 

20 using the funds or for admin21 istering or supervising the project 

22 or funds during the applicable 

23 statute of limitations period re24 lated to the construction of the 

25 project; and 
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1 ‘‘(bb) the Indian tribe shall 

2 be responsible for constructing 

3 and maintaining a project carried 

4 out using the funds and for ad5 ministering and supervising the 

6 project and funds in accordance 

7 with this section during the appli8 cable statute of limitations period 

9 related to the construction of the 

10 project. 

11 ‘‘(B) ADMINISTRATION OF TRIBAL

12 SHARES.—The tribal shares referred to in sub13 paragraph (A) shall be provided without regard 

14 to the agency or office of the Department within 

15 which the program, service, function, or activity 

16 (or portion thereof) is performed. 

17 ‘‘(C) FLEXIBLE AND INNOVATIVE FINANC18 ING.— 

19 ‘‘(i) IN GENERAL.—A funding agree20 ment entered into with an Indian tribe 

21 under paragraph (1) shall include provi22 sions pertaining to flexible and innovative 

23 financing if agreed upon by the parties. 

24 ‘‘(ii) TERMS AND CONDITIONS.— 
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1 ‘‘(I) AUTHORITY TO ISSUE REGU2 LATIONS.—The Secretary may issue 

3 regulations to establish the terms and 

4 conditions relating to the flexible and 

5 innovative financing provisions re6 ferred to in clause (i). 

7 ‘‘(II) TERMS AND CONDITIONS IN

8 ABSENCE OF REGULATIONS.—If the 

9 Secretary does not issue regulations 

10 under subclause (I), the terms and con11 ditions relating to the flexible and in12 novative financing provisions referred 

13 to in clause (i) shall be consistent 

14 with— 

15 ‘‘(aa) agreements entered 

16 into by the Department under— 

17 ‘‘(AA) section 202(b)(7); 

18 and 

19 ‘‘(BB) section 202(d)(5), 

20 as in effect before the date of 

21 enactment of MAP–21 (Pub22 lic Law 112–141); or 

23 ‘‘(bb) regulations of the De24 partment of the Interior relating 

25 to flexible financing contained in 
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1 part 170 of title 25, Code of Fed2 eral Regulations, as in effect on 

3 the date of enactment of the Sur4 face Transportation Reauthoriza5 tion and Reform Act of 2015. 

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

7 forth— 

8 ‘‘(A) terms that generally identify the pro9 grams, services, functions, and activities (or por10 tions thereof) to be performed or administered by 

11 the Indian tribe; and 

12 ‘‘(B) for items identified in subparagraph 

13 (A)— 

14 ‘‘(i) the general budget category as15 signed; 

16 ‘‘(ii) the funds to be provided, includ17 ing those funds to be provided on a recur18 ring basis; 

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

20 of the funds; 

21 ‘‘(iv) the responsibilities of the Sec22 retary and the Indian tribe; and 

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

24 the Indian tribe and the Secretary. 

25 ‘‘(4) SUBSEQUENT FUNDING AGREEMENTS.— 
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1 ‘‘(A) APPLICABILITY OF EXISTING AGREE2 MENT.—Absent notification from an Indian tribe 

3 that the Indian tribe is withdrawing from or ret4 roceding the operation of 1 or more programs, 

5 services, functions, or activities (or portions 

6 thereof) identified in a funding agreement, or 

7 unless otherwise agreed to by the parties, each 

8 funding agreement shall remain in full force and 

9 effect until a subsequent funding agreement is ex10 ecuted. 

11 ‘‘(B) EFFECTIVE DATE OF SUBSEQUENT

12 AGREEMENT.—The terms of the subsequent fund13 ing agreement shall be retroactive to the end of 

14 the term of the preceding funding agreement. 

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

16 The Secretary shall not revise, amend, or require ad17 ditional terms in a new or subsequent funding agree18 ment without the consent of the Indian tribe that is 

19 subject to the agreement unless such terms are re20 quired by Federal law. 

21 ‘‘(e) GENERAL PROVISIONS.— 

22 ‘‘(1) REDESIGN AND CONSOLIDATION.— 

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

24 any manner that the Indian tribe considers to be 
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1 in the best interest of the Indian community 

2 being served, may— 

3 ‘‘(i) redesign or consolidate programs, 

4 services, functions, and activities (or por5 tions thereof) included in a funding agree6 ment; and 

7 ‘‘(ii) reallocate or redirect funds for 

8 such programs, services, functions, and ac9 tivities (or portions thereof), if the funds 

10 are— 

11 ‘‘(I) expended on projects identi12 fied in a transportation improvement 

13 program approved by the Secretary; 

14 and 

15 ‘‘(II) used in accordance with the 

16 requirements in— 

17 ‘‘(aa) appropriations Acts; 

18 ‘‘(bb) this title and chapter 

19 53 of title 49; and 

20 ‘‘(cc) any other applicable 

21 law. 

22 ‘‘(B) EXCEPTION.—Notwithstanding sub23 paragraph (A), if, pursuant to subsection (d), an 

24 Indian tribe receives a discretionary or competi25 tive grant from the Secretary or receives State 
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1 apportioned funds, the Indian tribe shall use the 

2 funds for the purpose for which the funds were 

3 originally authorized. 

4 ‘‘(2) RETROCESSION.— 

5 ‘‘(A) IN GENERAL.— 

6 ‘‘(i) AUTHORITY OF INDIAN TRIBES.— 

7 An Indian tribe may retrocede (fully or 

8 partially) to the Secretary programs, serv9 ices, functions, or activities (or portions 

10 thereof) included in a compact or funding 

11 agreement. 

12 ‘‘(ii) REASSUMPTION OF REMAINING

13 FUNDS.—Following a retrocession described 

14 in clause (i), the Secretary may— 

15 ‘‘(I) reassume the remaining 

16 funding associated with the retroceded 

17 programs, functions, services, and ac18 tivities (or portions thereof) included 

19 in the applicable compact or funding 

20 agreement; 

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

22 transfer funds associated with Depart23 ment of Interior programs, services, 

24 functions, or activities (or portions 

25 thereof) to the Secretary of the Interior 
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1 to carry out transportation services 

2 provided by the Secretary of the Inte3 rior; and 

4 ‘‘(III) distribute funds not trans5 ferred under subclause (II) in accord6 ance with applicable law. 

7 ‘‘(iii) CORRECTION OF PROGRAMS.—If 

8 the Secretary makes a finding under sub9 section (f)(2)(B) and no funds are available 

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

11 shall not be required to provide additional 

12 funds to complete or correct any programs, 

13 functions, services, or activities (or portions 

14 thereof). 

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

16 tribe rescinds a request for retrocession, the ret17 rocession shall become effective within the time18 frame specified by the parties in the compact or 

19 funding agreement. In the absence of such a spec20 ification, the retrocession shall become effective 

21 on— 

22 ‘‘(i) the earlier of— 

23 ‘‘(I) 1 year after the date of sub24 mission of the request; or 
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1 ‘‘(II) the date on which the fund2 ing agreement expires; or 

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

4 agreed upon by the parties and, with re5 spect to Department of the Interior pro6 grams, functions, services, and activities (or 

7 portions thereof), the Secretary of the Inte8 rior. 

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

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

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

12 Department shall be made either— 

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

14 holds a position at a higher organizational level 

15 within the Department than the level of the de16 partmental agency in which the decision that is 

17 the subject of the appeal was made; or 

18 ‘‘(B) by an administrative judge. 

19 ‘‘(2) TERMINATION OF COMPACT OR FUNDING

20 AGREEMENT.— 

21 ‘‘(A) AUTHORITY TO TERMINATE.— 

22 ‘‘(i) PROVISION TO BE INCLUDED IN

23 COMPACT OR FUNDING AGREEMENT.—A 

24 compact or funding agreement shall include 

25 a provision authorizing the Secretary, if the 
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1 Secretary makes a finding described in sub2 paragraph (B), to— 

3 ‘‘(I) terminate the compact or 

4 funding agreement (or a portion there5 of); and 

6 ‘‘(II) reassume the remaining 

7 funding associated with the reassumed 

8 programs, functions, services, and ac9 tivities included in the compact or 

10 funding agreement. 

11 ‘‘(ii) TRANSFERS OF FUNDS.—Out of 

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

13 the Secretary may transfer the funds associ14 ated with Department of the Interior pro15 grams, functions, services, and activities (or 

16 portions thereof) to the Secretary of the In17 terior to provide continued transportation 

18 services in accordance with applicable law. 

19 ‘‘(B) FINDINGS RESULTING IN TERMI20 NATION.—The finding referred to in subpara21 graph (A) is a specific finding of— 

22 ‘‘(i) imminent jeopardy to a trust 

23 asset, natural resources, or public health 

24 and safety that is caused by an act or omis25 sion of the Indian tribe and that arises out 
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1 of a failure to carry out the compact or 

2 funding agreement, as determined by the 

3 Secretary; or 

4 ‘‘(ii) gross mismanagement with re5 spect to funds or programs transferred to 

6 the Indian tribe under the compact or fund7 ing agreement, as determined by the Sec8 retary in consultation with the Inspector 

9 General of the Department, as appropriate. 

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

11 not terminate a compact or funding agreement 

12 (or portion thereof) unless— 

13 ‘‘(i) the Secretary has first provided 

14 written notice and a hearing on the record 

15 to the Indian tribe that is subject to the 

16 compact or funding agreement; and 

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

18 corrective action to remedy the mismanage19 ment of funds or programs or the imminent 

20 jeopardy to a trust asset, natural resource, 

21 or public health and safety. 

22 ‘‘(D) EXCEPTION.— 

23 ‘‘(i) IN GENERAL.—Notwithstanding 

24 subparagraph (C), the Secretary, upon 

25 written notification to an Indian tribe that 
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1 is subject to a compact or funding agree2 ment, may immediately terminate the com3 pact or funding agreement (or portion 

4 thereof) if— 

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

9 safety; and 

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

11 failure to carry out the compact or 

12 funding agreement. 

13 ‘‘(ii) HEARINGS.—If the Secretary ter14 minates a compact or funding agreement 

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

16 Secretary shall provide the Indian tribe 

17 subject to the compact or agreement with a 

18 hearing on the record not later than 10 

19 days after the date of such termination. 

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

21 or appeal involving a decision to terminate a 

22 compact or funding agreement (or portion there23 of) under this paragraph, the Secretary shall 

24 have the burden of proof in demonstrating by 
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1 clear and convincing evidence the validity of the 

2 grounds for the termination. 

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

5 principles under the applicable Office of Management and 

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

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

8 applicable Office of Management and Budget circulars sub9 sequently granted by the Office of Management and Budget. 

10 No other audit or accounting standards shall be required 

11 by the Secretary. Any claim by the Federal Government 

12 against the Indian tribe relating to funds received under 

13 a funding agreement based on any audit conducted pursu14 ant to this subsection shall be subject to the provisions of 

15 section 450j–1(f) of title 25. 

16 ‘‘(h) TRANSFER OF FUNDS.—The Secretary shall pro17 vide funds to an Indian tribe under a funding agreement 

18 in an amount equal to— 

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

20 would otherwise receive for the program, function, 

21 service, or activity in accordance with a funding for22 mula or other allocation method established under 

23 this title or chapter 53 of title 49; and 

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

25 determines equal the amounts that would have been 
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1 withheld for the costs of the Bureau of Indian Affairs 

2 for administration of the program or project. 

3 ‘‘(i) CONSTRUCTION PROGRAMS.— 

4 ‘‘(1) STANDARDS.—Construction projects carried 

5 out under programs administered by an Indian tribe 

6 with funds transferred to the Indian tribe pursuant 

7 to a funding agreement entered into under this sec8 tion shall be constructed pursuant to the construction 

9 program standards set forth in applicable regulations 

10 or as specifically approved by the Secretary (or the 

11 Secretary’s designee). 

12 ‘‘(2) MONITORING.—Construction programs shall 

13 be monitored by the Secretary in accordance with ap14 plicable regulations. 

15 ‘‘(j) FACILITATION.— 

16 ‘‘(1) SECRETARIAL INTERPRETATION.—Except as 

17 otherwise provided by law, the Secretary shall inter18 pret all Federal laws, Executive orders, and regula19 tions in a manner that will facilitate— 

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

21 functions, and activities (or portions thereof) 

22 and funds associated therewith, in compacts and 

23 funding agreements; and 

24 ‘‘(B) the implementation of the compacts 

25 and funding agreements. 
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1 ‘‘(2) REGULATION WAIVER.— 

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

3 submit to the Secretary a written request to 

4 waive application of a regulation promulgated 

5 under this section with respect to a compact or 

6 funding agreement. The request shall identify the 

7 regulation sought to be waived and the basis for 

8 the request. 

9 ‘‘(B) APPROVALS AND DENIALS.— 

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

11 days after the date of receipt of a written 

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

14 writing. 

15 ‘‘(ii) REVIEW.—The Secretary shall re16 view any application by an Indian tribe for 

17 a waiver bearing in mind increasing oppor18 tunities for using flexible policy approaches 

19 at the Indian tribal level. 

20 ‘‘(iii) DEEMED APPROVAL.—If the Sec21 retary does not approve or deny a request 

22 submitted under subparagraph (A) on or be23 fore the last day of the 90-day period re24 ferred to in clause (i), the request shall be 

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

2 a waiver is not granted, the agency shall 

3 provide the applicant with the reasons for 

4 the denial as part of the written response 

5 required in clause (i). 

6 ‘‘(v) FINALITY OF DECISIONS.—A deci7 sion by the Secretary under this subpara8 graph shall be final for the Department. 

9 ‘‘(k) DISCLAIMERS.— 

10 ‘‘(1) EXISTING AUTHORITY.—Notwithstanding 

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

12 Indian tribe, the Secretary shall— 

13 ‘‘(A) maintain current tribal transportation 

14 program funding agreements and program agree15 ments; or 

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

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

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

20 impair or diminish the authority of the Secretary 

21 under section 202(b)(7). 

22 ‘‘(l) APPLICABILITY OF INDIAN SELF-DETERMINATION

23 AND EDUCATION ASSISTANCE ACT.—Except to the extent 

24 in conflict with this section (as determined by the Sec25 retary), the following provisions of the Indian Self-Deter-
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1 mination and Education Assistance Act shall apply to com2 pact and funding agreements (except that any reference to 

3 the Secretary of the Interior or the Secretary of Health and 

4 Human Services in such provisions shall be treated as a 

5 reference to the Secretary of Transportation): 

6 ‘‘(1) Subsections (a), (b), (d), (g), and (h) of sec7 tion 506 of such Act (25 U.S.C. 458aaa–5), relating 

8 to general provisions. 

9 ‘‘(2) Subsections (b) through (e) and (g) of sec10 tion 507 of such Act (25 U.S.C.458aaa–6), relating to 

11 provisions relating to the Secretary of Health and 

12 Human Services. 

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

14 and (k) of section 508 of such Act (25 U.S.C. 458aaa– 

15 7), relating to transfer of funds. 

16 ‘‘(4) Section 510 of such Act (25 U.S.C. 458aaa17 9), relating to Federal procurement laws and regula18 tions. 

19 ‘‘(5) Section 511 of such Act (25 U.S.C. 458aaa– 

20 10), relating to civil actions. 

21 ‘‘(6) Subsections (a)(1), (a)(2), and (c) through 

22 (f) of section 512 of such Act (25 U.S.C. 458aaa–11), 

23 relating to facilitation, except that subsection (c)(1) of 

24 that section shall be applied by substituting ‘trans-
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1 portation facilities and other facilities’ for ‘school 

2 buildings, hospitals, and other facilities’. 

3 ‘‘(7) Subsections (a) and (b) of section 515 of 

4 such Act (25 U.S.C. 458aaa–14), relating to dis5 claimers. 

6 ‘‘(8) Subsections (a) and (b) of section 516 of 

7 such Act (25 U.S.C. 458aaa–15), relating to applica8 tion of title I provisions. 

9 ‘‘(9) Section 518 of such Act (25 U.S.C. 458aaa– 

10 17), relating to appeals. 

11 ‘‘(m) DEFINITIONS.— 

12 ‘‘(1) IN GENERAL.—In this section, the following 

13 definitions apply (except as otherwise expressly pro14 vided): 

15 ‘‘(A) COMPACT.—The term ‘compact’ means 

16 a compact between the Secretary and an Indian 

17 tribe entered into under subsection (c). 

18 ‘‘(B) DEPARTMENT.—The term ‘Depart19 ment’ means the Department of Transportation. 

20 ‘‘(C) ELIGIBLE INDIAN TRIBE.—The term 

21 ‘eligible Indian tribe’ means an Indian tribe 

22 that is eligible to participate in the program, as 

23 determined under subsection (b). 

24 ‘‘(D) FUNDING AGREEMENT.—The term 

25 ‘funding agreement’ means a funding agreement 
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1 between the Secretary and an Indian tribe en2 tered into under subsection (d). 

3 ‘‘(E) INDIAN TRIBE.—The term ‘Indian 

4 tribe’ means any Indian or Alaska Native tribe, 

5 band, nation, pueblo, village, or community that 

6 the Secretary of the Interior acknowledges to 

7 exist as an Indian tribe under the Federally Rec8 ognized Indian Tribe List Act of 1994 (25 

9 U.S.C. 479a). In any case in which an Indian 

10 tribe has authorized another Indian tribe, an 

11 intertribal consortium, or a tribal organization 

12 to plan for or carry out programs, services, func13 tions, or activities (or portions thereof) on its be14 half under this part, the authorized Indian tribe, 

15 intertribal consortium, or tribal organization 

16 shall have the rights and responsibilities of the 

17 authorizing Indian tribe (except as otherwise 

18 provided in the authorizing resolution or in this 

19 title). In such event, the term ‘Indian tribe’ as 

20 used in this part shall include such other author21 ized Indian tribe, intertribal consortium, or trib22 al organization. 

23 ‘‘(F) PROGRAM.—The term ‘program’ 

24 means the tribal transportation self-governance 

25 program established under this section. 
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1 ‘‘(G) SECRETARY.—The term ‘Secretary’ 

2 means the Secretary of Transportation. 

3 ‘‘(H) TRANSPORTATION PROGRAMS.—The 

4 term ‘transportation programs’ means all pro5 grams administered or financed by the Depart6 ment under this title and chapter 53 of title 49. 

7 ‘‘(2) APPLICABILITY OF OTHER DEFINITIONS.— 

8 In this section, the definitions set forth in sections 4 

9 and 505 of the Indian Self-Determination and Edu10 cation Assistance Act (25 U.S.C. 450b; 458aaa) 

11 apply, except as otherwise expressly provided in this 

12 section. 

13 ‘‘(n) REGULATIONS.— 

14 ‘‘(1) IN GENERAL.— 

15 ‘‘(A) PROMULGATION.—Not later than 90 

16 days after the date of enactment of the Surface 

17 Transportation Reauthorization and Reform Act 

18 of 2015, the Secretary shall initiate procedures 

19 under subchapter III of chapter 5 of title 5 to ne20 gotiate and promulgate such regulations as are 

21 necessary to carry out this section. 

22 ‘‘(B) PUBLICATION OF PROPOSED REGULA23 TIONS.—Proposed regulations to implement this 

24 section shall be published in the Federal Register 
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1 by the Secretary not later than 21 months after 

2 such date of enactment. 

3 ‘‘(C) EXPIRATION OF AUTHORITY.—The au4 thority to promulgate regulations under para5 graph (1) shall expire 30 months after such date 

6 of enactment. 

7 ‘‘(D) EXTENSION OF DEADLINES.—A dead8 line set forth in paragraph (1)(B) or (1)(C) may 

9 be extended up to 180 days if the negotiated rule10 making committee referred to in paragraph (2) 

11 concludes that the committee cannot meet the 

12 deadline and the Secretary so notifies the appro13 priate committees of Congress. 

14 ‘‘(2) COMMITTEE.— 

15 ‘‘(A) IN GENERAL.—A negotiated rule16 making committee established pursuant to sec17 tion 565 of title 5 to carry out this subsection 

18 shall have as its members only Federal and trib19 al government representatives, a majority of 

20 whom shall be nominated by and be representa21 tives of Indian tribes with funding agreements 

22 under this title. 

23 ‘‘(B) REQUIREMENTS.—The committee shall 

24 confer with, and accommodate participation by, 

25 representatives of Indian tribes, inter-tribal con-
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1 sortia, tribal organizations, and individual trib2 al members. 

3 ‘‘(C) ADAPTATION OF PROCEDURES.—The 

4 Secretary shall adapt the negotiated rulemaking 

5 procedures to the unique context of self-govern6 ance and the government-to-government relation7 ship between the United States and Indian 

8 tribes. 

9 ‘‘(3) EFFECT.—The lack of promulgated regula10 tions shall not limit the effect of this section. 

11 ‘‘(4) EFFECT OF CIRCULARS, POLICIES, MANU12 ALS, GUIDANCE, AND RULES.—Unless expressly agreed 

13 to by the participating Indian tribe in the compact 

14 or funding agreement, the participating Indian tribe 

15 shall not be subject to any agency circular, policy, 

16 manual, guidance, or rule adopted by the Depart17 ment, except regulations promulgated under this sec18 tion.’’. 

19 (b) CLERICAL AMENDMENT.—The analysis for such 

20 chapter is amended by inserting after the item relating to 

21 section 206 the following: 

‘‘207. Tribal transportation self-governance program.’’. 

22 SEC. 1117. EMERGENCY RELIEF. 

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

24 United States Code, is amended— 
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1 (1) in subparagraph (A) by striking ‘‘or’’ at the 

2 end; 

3 (2) in subparagraph (B) by striking the period 

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

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

6 ‘‘(C) projects eligible for assistance under 

7 this section located on Federal lands transpor8 tation facilities or other federally owned roads 

9 that are open to public travel (as defined in sub10 section (e)).’’. 

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

12 States Code, is amended by striking paragraph (1) and in13 serting the following: 

14 ‘‘(1) DEFINITIONS.—In this subsection, the fol15 lowing definitions apply: 

16 ‘‘(A) OPEN TO PUBLIC TRAVEL.—The term 

17 ‘open to public travel’ means, with respect to a 

18 road, that, except during scheduled periods, ex19 treme weather conditions, or emergencies, the 

20 road— 

21 ‘‘(i) is maintained; 

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

23 ‘‘(iii) can accommodate travel by a 

24 standard passenger vehicle, without restric25 tive gates or prohibitive signs or regula-
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1 tions, other than for general traffic control 

2 or restrictions based on size, weight, or class 

3 of registration. 

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

5 term ‘standard passenger vehicle’ means a vehi6 cle with 6 inches of clearance from the lowest 

7 point of the frame, body, suspension, or differen8 tial to the ground.’’. 

9 SEC. 1118. HIGHWAY USE TAX EVASION PROJECTS. 

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

11 amended— 

12 (1) by striking paragraph (2)(A) and inserting 

13 the following: 

14 ‘‘(A) IN GENERAL.—From administrative 

15 funds made available under section 104(a), the 

16 Secretary may deduct such sums as are nec17 essary, not to exceed $6,000,000 for each of fiscal 

18 years 2016 through 2021, to carry out this sec19 tion.’’; 

20 (2) in the heading for paragraph (8) by insert21 ing ‘‘BLOCK GRANT’’ after ‘‘SURFACE TRANSPOR22 TATION’’; and 

23 (3) in paragraph (9) by inserting ‘‘, the Com24 mittee on Transportation and Infrastructure of the 

25 House of Representatives, and the Committee on En-
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1 vironment and Public Works of the Senate’’ after ‘‘the 

2 Secretary’’. 

3 SEC. 1119. BUNDLING OF BRIDGE PROJECTS. 

4 Section 144 of title 23, United States Code, is amend5 ed— 

6 (1) in subsection (c)(2)(A) by striking ‘‘the nat7 ural condition of the bridge’’ and inserting ‘‘the nat8 ural condition of the water’’; 

9 (2) by redesignating subsection (j) as subsection 

10 (k); 

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

12 ‘‘(j) BUNDLING OF BRIDGE PROJECTS.— 

13 ‘‘(1) PURPOSE.—The purpose of this subsection 

14 is to save costs and time by encouraging States to 

15 bundle multiple bridge projects as 1 project. 

16 ‘‘(2) ELIGIBLE ENTITY DEFINED.—In this sub17 section, the term ‘eligible entity’ means an entity eli18 gible to carry out a bridge project under section 119 

19 or 133. 

20 ‘‘(3) BUNDLING OF BRIDGE PROJECTS.—An eli21 gible entity may bundle 2 or more similar bridge 

22 projects that are— 

23 ‘‘(A) eligible projects under section 119 or 

24 133; 
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1 ‘‘(B) included as a bundled project in a 

2 transportation improvement program under sec3 tion 134(j) or a statewide transportation im4 provement program under section 135, as appli5 cable; and 

6 ‘‘(C) awarded to a single contractor or con7 sultant pursuant to a contract for engineering 

8 and design or construction between the con9 tractor and an eligible entity. 

10 ‘‘(4) ITEMIZATION.—Notwithstanding any other 

11 provision of law (including regulations), a bundling 

12 of bridge projects under this subsection may be listed 

13 as— 

14 ‘‘(A) 1 project for purposes of sections 134 

15 and 135; and 

16 ‘‘(B) a single project within the applicable 

17 bundle. 

18 ‘‘(5) FINANCIAL CHARACTERISTICS.—Projects 

19 bundled under this subsection shall have the same fi20 nancial characteristics, including— 

21 ‘‘(A) the same funding category or sub22 category; and 

23 ‘‘(B) the same Federal share. 
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1 ‘‘(6) ENGINEERING COST REIMBURSEMENT.—The 

2 provisions of section 102(b) do not apply to projects 

3 carried out under this subsection.’’; and 

4 (4) in subsection (k)(2), as redesignated by para5 graph (2) of this section, by striking ‘‘104(b)(3)’’ and 

6 inserting ‘‘104(b)(2)’’. 

7 SEC. 1120. TRIBAL HIGH PRIORITY PROJECTS PROGRAM. 

8 Section 1123(h)(1) of MAP–21 (23 U.S.C. 202 note) 

9 is amended by striking ‘‘fiscal years’’ and all that follows 

10 through the period at the end and inserting ‘‘fiscal years 

11 2016 through 2021.’’. 

12 SEC. 1121. CONSTRUCTION OF FERRY BOATS AND FERRY 

13 TERMINAL FACILITIES. 

14 Section 147(e) of title 23, United States Code, is 

15 amended by striking ‘‘2013 and 2014’’ and inserting ‘‘2016 

16 through 2021’’. 

17 Subtitle B—Planning and 

18 Performance Management 

19 SEC. 1201. METROPOLITAN TRANSPORTATION PLANNING. 

20 Section 134 of title 23, United States Code, is amend21 ed— 

22 (1) in subsection (c)(2), by striking ‘‘and bicycle 

23 transportation facilities’’ and inserting ‘‘, bicycle 

24 transportation facilities, and intermodal facilities 
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1 that support intercity transportation, including inter2 city buses and intercity bus facilities’’; 

3 (2) in subsection (d)— 

4 (A) by redesignating paragraphs (3) 

5 through (6) as paragraphs (4) through (7), re6 spectively; 

7 (B) by inserting after paragraph (2) the fol8 lowing: 

9 ‘‘(3) REPRESENTATION.— 

10 ‘‘(A) IN GENERAL.—Designation or selection 

11 of officials or representatives under paragraph 

12 (2) shall be determined by the metropolitan 

13 planning organization according to the bylaws 

14 or enabling statute of the organization. 

15 ‘‘(B) PUBLIC TRANSPORTATION REPRESENT16 ATIVE.—Subject to the bylaws or enabling statute 

17 of the metropolitan planning organization, a 

18 representative of a provider of public transpor19 tation may also serve as a representative of a 

20 local municipality. 

21 ‘‘(C) POWERS OF CERTAIN OFFICIALS.—An 

22 official described in paragraph (2)(B) shall have 

23 responsibilities, actions, duties, voting rights, 

24 and any other authority commensurate with 

25 other officials described in paragraph (2).’’; and 
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1 (C) in paragraph (5) as so redesignated by 

2 striking ‘‘paragraph (5)’’ and inserting ‘‘para3 graph (6)’’; 

4 (3) in subsection (e)(4)(B), by striking ‘‘sub5 section (d)(5)’’ and inserting ‘‘subsection (d)(6)’’; 

6 (4) in subsection (g)(3)(A), by inserting ‘‘tour7 ism, natural disaster risk reduction,’’ after ‘‘economic 

8 development,’’; 

9 (5) in subsection (h)— 

10 (A) in paragraph (1)— 

11 (i) in subparagraph (G), by striking 

12 ‘‘and’’ at the end; 

13 (ii) in subparagraph (H) by striking 

14 the period at the end and inserting a semi15 colon; and 

16 (iii) by adding at the end the fol17 lowing: 

18 ‘‘(I) improve the reliance and reliability of 

19 the transportation system and reduce or mitigate 

20 stormwater impacts of surface transportation; 

21 and 

22 ‘‘(J) enhance travel and tourism.’’; and 

23 (B) in paragraph (2)(A) by striking ‘‘and 

24 in section 5301(c) of title 49’’ and inserting 
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1 ‘‘and the general purposes described in section 

2 5301 of title 49’’; 

3 (6) in subsection (i)— 

4 (A) in paragraph (2)(A)(i) by striking 

5 ‘‘transit,’’ and inserting ‘‘public transportation 

6 facilities, intercity bus facilities,’’; 

7 (B) in paragraph (6)(A)— 

8 (i) by inserting ‘‘public ports,’’ before 

9 ‘‘freight shippers,’’; and 

10 (ii) by inserting ‘‘(including intercity 

11 bus operators, employer-based commuting 

12 programs, such as a carpool program, van13 pool program, transit benefit program, 

14 parking cash-out program, shuttle program, 

15 or telework program)’’ after ‘‘private pro16 viders of transportation’’; and 

17 (C) in paragraph (8) by striking ‘‘para18 graph (2)(C)’’ and inserting ‘‘paragraph (2)(E)’’ 

19 each place it appears; 

20 (7) in subsection (k)(3)— 

21 (A) in subparagraph (A) by inserting ‘‘(in22 cluding intercity bus operators, employer-based 

23 commuting programs such as a carpool program, 

24 vanpool program, transit benefit program, park25 ing cash-out program, shuttle program, or 
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1 telework program), job access projects,’’ after ‘‘re2 duction’’; and 

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

4 ‘‘(C) CONGESTION MANAGEMENT PLAN.—A 

5 metropolitan planning organization with a 

6 transportation management area may develop a 

7 plan that includes projects and strategies that 

8 will be considered in the TIP of such metropoli9 tan planning organization. Such plan shall— 

10 ‘‘(i) develop regional goals to reduce 

11 vehicle miles traveled during peak com12 muting hours and improve transportation 

13 connections between areas with high job 

14 concentration and areas with high con15 centrations of low-income households; 

16 ‘‘(ii) identify existing public transpor17 tation services, employer-based commuter 

18 programs, and other existing transportation 

19 services that support access to jobs in the re20 gion; and 

21 ‘‘(iii) identify proposed projects and 

22 programs to reduce congestion and increase 

23 job access opportunities. 

24 ‘‘(D) PARTICIPATION.—In developing the 

25 plan under subparagraph (C), a metropolitan 
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1 planning organization shall consult with em2 ployers, private and nonprofit providers of pub3 lic transportation, transportation management 

4 organizations, and organizations that provide 

5 job access reverse commute projects or job-related 

6 services to low-income individuals.’’; 

7 (8) in subsection (l)— 

8 (A) by adding a period at the end of para9 graph (1); and 

10 (B) in paragraph (2)(D) by striking ‘‘of less 

11 than 200,000’’ and inserting ‘‘with a population 

12 of 200,000 or less’’; 

13 (9) in subsection (n)(1) by inserting ‘‘49’’ after 

14 ‘‘chapter 53 of title’’; and 

15 (10) in subsection (p) by striking ‘‘Funds set 

16 aside under section 104(f)’’ and inserting ‘‘Funds ap17 portioned under section 104(b)(5)’’. 

18 SEC. 1202. STATEWIDE AND NONMETROPOLITAN TRANS19 PORTATION PLANNING. 

20 Section 135 of title 23, United States Code, is amend21 ed— 

22 (1) in subsection (a)(2) by striking ‘‘and bicycle 

23 transportation facilities’’ and inserting, ‘‘, bicycle 

24 transportation facilities, and intermodal facilities 
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1 that support intercity transportation, including inter2 city buses and intercity bus facilities’’; 

3 (2) in subsection (d)— 

4 (A) in paragraph (1)— 

5 (i) in subparagraph (G) by striking 

6 ‘‘and’’ at the end; 

7 (ii) in subparagraph (H) by striking 

8 the period at the end and inserting a semi9 colon; and 

10 (iii) by adding at the end the fol11 lowing: 

12 ‘‘(I) improve the reliance and reliability of 

13 the transportation system and reduce or mitigate 

14 stormwater impacts of surface transportation; 

15 and 

16 ‘‘(J) enhance travel and tourism.’’; and 

17 (B) in paragraph (2)— 

18 (i) in subparagraph (A) by striking 

19 ‘‘and in section 5301(c) of title 49’’ and in20 serting ‘‘and the general purposes described 

21 in section 5301 of title 49’’; 

22 (ii) in subparagraph (B)(ii) by strik23 ing ‘‘urbanized’’; and 

24 (iii) in subparagraph (C) by striking 

25 ‘‘urbanized’’; and 
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1 (3) in subsection (f)— 

2 (A) in paragraph (3)(A)(ii)— 

3 (i) by inserting ‘‘public ports,’’ before 

4 ‘‘freight shippers,’’; and 

5 (ii) by inserting ‘‘(including intercity 

6 bus operators, employer-based commuting 

7 programs, such as a carpool program, van8 pool program, transit benefit program, 

9 parking cash-out program, shuttle program, 

10 or telework program)’’ after ‘‘private pro11 viders of transportation’’; and 

12 (B) in paragraph (7), in the matter pre13 ceding subparagraph (A), by striking ‘‘should’’ 

14 and inserting ‘‘shall’’. 

15 Subtitle C—Acceleration of Project 

16 Delivery 

17 SEC. 1301. SATISFACTION OF REQUIREMENTS FOR CERTAIN 

18 HISTORIC SITES. 

19 (a) HIGHWAYS.—Section 138 of title 23, United States 

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

21 ‘‘(c) SATISFACTION OF REQUIREMENTS FOR CERTAIN

22 HISTORIC SITES.— 

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

24 ‘‘(A) align, to the maximum extent prac25 ticable, with the requirements of the National 
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1 Environmental Policy Act of 1969 (42 U.S.C. 

2 4231 et seq.) and section 306108 of title 54, in3 cluding implementing regulations; and 

4 ‘‘(B) not later than 90 days after the date 

5 of enactment of this subsection, coordinate with 

6 the Secretary of the Interior and the Executive 

7 Director of the Advisory Council on Historic 

8 Preservation (referred to in this subsection as the 

9 ‘Council’) to establish procedures to satisfy the 

10 requirements described in subparagraph (A) (in11 cluding regulations). 

12 ‘‘(2) AVOIDANCE ALTERNATIVE ANALYSIS.— 

13 ‘‘(A) IN GENERAL.—If, in an analysis re14 quired under the National Environmental Policy 

15 Act of 1969 (42 U.S.C. 4231 et seq.), the Sec16 retary determines that there is no feasible or 

17 prudent alternative to avoid use of a historic 

18 site, the Secretary may— 

19 ‘‘(i) include the determination of the 

20 Secretary in the analysis required under 

21 that Act; 

22 ‘‘(ii) provide a notice of the determina23 tion to— 
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1 ‘‘(I) each applicable State historic 

2 preservation officer and tribal historic 

3 preservation officer; 

4 ‘‘(II) the Council, if the Council is 

5 participating in the consultation proc6 ess under section 306108 of title 54; 

7 and 

8 ‘‘(III) the Secretary of the Inte9 rior; and 

10 ‘‘(iii) request from the applicable pres11 ervation officer, the Council, and the Sec12 retary of the Interior a concurrence that the 

13 determination is sufficient to satisfy the re14 quirement of subsection (a)(1). 

15 ‘‘(B) CONCURRENCE.—If the applicable 

16 preservation officer, the Council, and the Sec17 retary of the Interior each provide a concurrence 

18 requested under subparagraph (A)(iii), no fur19 ther analysis under subsection (a)(1) shall be re20 quired. 

21 ‘‘(C) PUBLICATION.—A notice of a deter22 mination, together with each relevant concur23 rence to that determination, under subparagraph 

24 (A) shall be— 
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1 ‘‘(i) included in the record of decision 

2 or finding of no significant impact of the 

3 Secretary; and 

4 ‘‘(ii) posted on an appropriate Federal 

5 Web site by not later than 3 days after the 

6 date of receipt by the Secretary of all con7 currences requested under subparagraph 

8 (A)(iii). 

9 ‘‘(3) ALIGNING HISTORICAL REVIEWS.— 

10 ‘‘(A) IN GENERAL.—If the Secretary, the 

11 applicable preservation officer, the Council, and 

12 the Secretary of the Interior concur that no fea13 sible and prudent alternative exists as described 

14 in paragraph (2), the Secretary may provide to 

15 the applicable preservation officer, the Council, 

16 and the Secretary of the Interior notice of the in17 tent of the Secretary to satisfy the requirements 

18 of subsection (a)(2) through the consultation re19 quirements of section 306108 of title 54. 

20 ‘‘(B) SATISFACTION OF CONDITIONS.—To 

21 satisfy the requirements of subsection (a)(2), each 

22 individual described in paragraph (2)(A)(ii) 

23 shall concur in the treatment of the applicable 

24 historic site described in the memorandum of 
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1 agreement or programmatic agreement developed 

2 under section 306108 of title 54.’’. 

3 (b) PUBLIC TRANSPORTATION.—Section 303 of title 

4 49, United States Code, is amended by adding at the end 

5 the following: 

6 ‘‘(e) SATISFACTION OF REQUIREMENTS FOR CERTAIN

7 HISTORIC SITES.— 

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

9 ‘‘(A) align, to the maximum extent prac10 ticable, the requirements of this section with the 

11 requirements of the National Environmental Pol12 icy Act of 1969 (42 U.S.C. 4231 et seq.) and sec13 tion 306108 of title 54, including implementing 

14 regulations; and 

15 ‘‘(B) not later than 90 days after the date 

16 of enactment of this subsection, coordinate with 

17 the Secretary of the Interior and the Executive 

18 Director of the Advisory Council on Historic 

19 Preservation (referred to in this subsection as the 

20 ‘Council’) to establish procedures to satisfy the 

21 requirements described in subparagraph (A) (in22 cluding regulations). 

23 ‘‘(2) AVOIDANCE ALTERNATIVE ANALYSIS.— 

24 ‘‘(A) IN GENERAL.—If, in an analysis re25 quired under the National Environmental Policy 
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1 Act of 1969 (42 U.S.C. 4231 et seq.), the Sec2 retary determines that there is no feasible or 

3 prudent alternative to avoid use of a historic 

4 site, the Secretary may— 

5 ‘‘(i) include the determination of the 

6 Secretary in the analysis required under 

7 that Act; 

8 ‘‘(ii) provide a notice of the determina9 tion to— 

10 ‘‘(I) each applicable State historic 

11 preservation officer and tribal historic 

12 preservation officer; 

13 ‘‘(II) the Council, if the Council is 

14 participating in the consultation proc15 ess under section 306108 of title 54; 

16 and 

17 ‘‘(III) the Secretary of the Inte18 rior; and 

19 ‘‘(iii) request from the applicable pres20 ervation officer, the Council, and the Sec21 retary of the Interior a concurrence that the 

22 determination is sufficient to satisfy the re23 quirement of subsection (c)(1). 

24 ‘‘(B) CONCURRENCE.—If the applicable 

25 preservation officer, the Council, and the Sec-
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1 retary of the Interior each provide a concurrence 

2 requested under subparagraph (A)(iii), no fur3 ther analysis under subsection (a)(1) shall be re4 quired. 

5 ‘‘(C) PUBLICATION.—A notice of a deter6 mination, together with each relevant concur7 rence to that determination, under subparagraph 

8 (A) shall be— 

9 ‘‘(i) included in the record of decision 

10 or finding of no significant impact of the 

11 Secretary; and 

12 ‘‘(ii) posted on an appropriate Federal 

13 Web site by not later than 3 days after the 

14 date of receipt by the Secretary of all con15 currences requested under subparagraph 

16 (A)(iii). 

17 ‘‘(3) ALIGNING HISTORICAL REVIEWS.— 

18 ‘‘(A) IN GENERAL.—If the Secretary, the 

19 applicable preservation officer, the Council, and 

20 the Secretary of the Interior concur that no fea21 sible and prudent alternative exists as described 

22 in paragraph (2), the Secretary may provide to 

23 the applicable preservation officer, the Council, 

24 and the Secretary of the Interior notice of the in25 tent of the Secretary to satisfy the requirements 
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1 of subsection (c)(2) through the consultation re2 quirements of section 306108 of title 54. 

3 ‘‘(B) SATISFACTION OF CONDITIONS.—To 

4 satisfy the requirements of subsection (c)(2), the 

5 applicable preservation officer, the Council, and 

6 the Secretary of the Interior shall concur in the 

7 treatment of the applicable historic site described 

8 in the memorandum of agreement or pro9 grammatic agreement developed under section 

10 306108 of title 54.’’. 

11 SEC. 1302. TREATMENT OF IMPROVEMENTS TO RAIL AND 

12 TRANSIT UNDER PRESERVATION REQUIRE13 MENTS. 

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

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

16 amended by adding at the end the following: 

17 ‘‘(d) RAIL AND TRANSIT.— 

18 ‘‘(1) IN GENERAL.—Improvements to, or the 

19 maintenance, rehabilitation, or operation of, railroad 

20 or rail transit lines or elements thereof that are in use 

21 or were historically used for the transportation of 

22 goods or passengers shall not be considered a use of 

23 a historic site under subsection (a), regardless of 

24 whether the railroad or rail transit line or element 
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1 thereof is listed on, or eligible for listing on, the Na2 tional Register of Historic Places. 

3 ‘‘(2) EXCEPTIONS.— 

4 ‘‘(A) IN GENERAL.—Paragraph (1) shall 

5 not apply to— 

6 ‘‘(i) stations; or 

7 ‘‘(ii) bridges or tunnels located on— 

8 ‘‘(I) railroad lines that have been 

9 abandoned; or 

10 ‘‘(II) transit lines that are not in 

11 use. 

12 ‘‘(B) CLARIFICATION WITH RESPECT TO

13 CERTAIN BRIDGES AND TUNNELS.—The bridges 

14 and tunnels referred to in subparagraph (A)(ii) 

15 do not include bridges or tunnels located on rail16 road or transit lines— 

17 ‘‘(i) over which service has been discon18 tinued; or 

19 ‘‘(ii) that have been railbanked or oth20 erwise reserved for the transportation of 

21 goods or passengers.’’. 

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

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

24 amended— 
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1 (1) in subsection (c), in the matter preceding 

2 paragraph (1), by striking ‘‘subsection (d)’’ and in3 serting ‘‘subsections (d), (e), and (f)’’; and 

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

5 ‘‘(f) RAIL AND TRANSIT.— 

6 ‘‘(1) IN GENERAL.—Improvements to, or the 

7 maintenance, rehabilitation, or operation of, railroad 

8 or rail transit lines or elements thereof that are in use 

9 or were historically used for the transportation of 

10 goods or passengers shall not be considered a use of 

11 a historic site under subsection (c), regardless of 

12 whether the railroad or rail transit line or element 

13 thereof is listed on, or eligible for listing on, the Na14 tional Register of Historic Places. 

15 ‘‘(2) EXCEPTIONS.— 

16 ‘‘(A) IN GENERAL.—Paragraph (1) shall 

17 not apply to— 

18 ‘‘(i) stations; or 

19 ‘‘(ii) bridges or tunnels located on— 

20 ‘‘(I) railroad lines that have been 

21 abandoned; or 

22 ‘‘(II) transit lines that are not in 

23 use. 

24 ‘‘(B) CLARIFICATION WITH RESPECT TO

25 CERTAIN BRIDGES AND TUNNELS.—The bridges 
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1 and tunnels referred to in subparagraph (A)(ii) 

2 do not include bridges or tunnels located on rail3 road or transit lines— 

4 ‘‘(i) over which service has been discon5 tinued; or 

6 ‘‘(ii) that have been railbanked or oth7 erwise reserved for the transportation of 

8 goods or passengers.’’. 

9 SEC. 1303. CLARIFICATION OF TRANSPORTATION ENVIRON10 MENTAL AUTHORITIES. 

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

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

13 amended by adding at the end the following: 

14 ‘‘(e) REFERENCES TO PAST TRANSPORTATION ENVI15 RONMENTAL AUTHORITIES.— 

16 ‘‘(1) SECTION 4(F) REQUIREMENTS.—The re17 quirements of this section are commonly referred to as 

18 section 4(f) requirements (see section 4(f) of the De19 partment of Transportation Act (Public Law 89–670; 

20 80 Stat. 934) as in effect before the repeal of that sec21 tion). 

22 ‘‘(2) SECTION 106 REQUIREMENTS.—The require23 ments of section 306108 of title 54 are commonly re24 ferred to as section 106 requirements (see section 106 

25 of the National Historic Preservation Act of 1966 
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1 (Public Law 89–665; 80 Stat. 915) as in effect before 

2 the repeal of that section).’’. 

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

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

5 amended by adding at the end the following: 

6 ‘‘(g) REFERENCES TO PAST TRANSPORTATION ENVI7 RONMENTAL AUTHORITIES.— 

8 ‘‘(1) SECTION 4(F) REQUIREMENTS.—The re9 quirements of this section are commonly referred to as 

10 section 4(f) requirements (see section 4(f) of the De11 partment of Transportation Act (Public Law 89–670; 

12 80 Stat. 934) as in effect before the repeal of that sec13 tion). 

14 ‘‘(2) SECTION 106 REQUIREMENTS.—The require15 ments of section 306108 of title 54 are commonly re16 ferred to as section 106 requirements (see section 106 

17 of the National Historic Preservation Act of 1966 

18 (Public Law 89–665; 80 Stat. 915) as in effect before 

19 the repeal of that section).’’. 

20 SEC. 1304. TREATMENT OF CERTAIN BRIDGES UNDER PRES21 ERVATION REQUIREMENTS. 

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

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

24 amended by adding at the end the following: 
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1 ‘‘(f) BRIDGE EXEMPTION.—A common post-1945 con2 crete or steel bridge or culvert that is exempt from indi3 vidual review under section 306108 of title 54 (as described 

4 in 77 Fed. Reg. 68790) shall be treated under this section 

5 as having a de minimis impact on an area.’’. 

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

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

8 amended by adding at the end the following: 

9 ‘‘(h) BRIDGE EXEMPTION.—A common post-1945 con10 crete or steel bridge or culvert that is exempt from indi11 vidual review under section 306108 of title 54 (as described 

12 in 77 Fed. Reg. 68790) shall be treated under this section 

13 as having a de minimis impact on an area.’’. 

14 SEC. 1305. EFFICIENT ENVIRONMENTAL REVIEWS FOR 

15 PROJECT DECISIONMAKING. 

16 (a) DEFINITIONS.—Section 139(a) of title 23, United 

17 States Code, is amended— 

18 (1) by striking paragraph (5) and inserting the 

19 following: 

20 ‘‘(5) MULTIMODAL PROJECT.—The term 

21 ‘multimodal project’ means a project that requires the 

22 approval of more than 1 Department of Transpor23 tation operating administration or secretarial of24 fice.’’; 

25 (2) by adding at the end the following: 
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1 ‘‘(9) SUBSTANTIAL DEFERENCE.—The term ‘sub2 stantial deference’ means deference by a participating 

3 agency to the recommendations and decisions of the 

4 lead agency unless it is not possible to defer without 

5 violating the participating agency’s statutory respon6 sibilities.’’. 

7 (b) APPLICABILITY.—Section 139(b)(3) of title 23, 

8 United States Code, is amended— 

9 (1) in subparagraph (A) in the matter preceding 

10 clause (i) by striking ‘‘initiate a rulemaking to’’; and 

11 (2) by striking subparagraph (B) and inserting 

12 the following: 

13 ‘‘(B) REQUIREMENTS.—In carrying out 

14 subparagraph (A), the Secretary shall ensure 

15 that programmatic reviews— 

16 ‘‘(i) promote transparency, including 

17 the transparency of— 

18 ‘‘(I) the analyses and data used 

19 in the environmental reviews; 

20 ‘‘(II) the treatment of any de21 ferred issues raised by agencies or the 

22 public; and 

23 ‘‘(III) the temporal and spatial 

24 scales to be used to analyze issues 

25 under subclauses (I) and (II); 
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1 ‘‘(ii) use accurate and timely informa2 tion, including through establishment of— 

3 ‘‘(I) criteria for determining the 

4 general duration of the usefulness of 

5 the review; and 

6 ‘‘(II) a timeline for updating an 

7 out-of-date review; 

8 ‘‘(iii) describe— 

9 ‘‘(I) the relationship between any 

10 programmatic analysis and future 

11 tiered analysis; and 

12 ‘‘(II) the role of the public in the 

13 creation of future tiered analysis; 

14 ‘‘(iv) are available to other relevant 

15 Federal and State agencies, Indian tribes, 

16 and the public; and 

17 ‘‘(v) provide notice and public com18 ment opportunities consistent with applica19 ble requirements.’’. 

20 (c) FEDERAL LEAD AGENCY.—Section 139(c)(1)(A) of 

21 title 23, United States Code, is amended by inserting ‘‘, 

22 or an operating administration thereof designated by the 

23 Secretary,’’ after ‘‘Department of Transportation’’. 

24 (d) PARTICIPATING AGENCIES.— 
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1 (1) INVITATION.—Section 139(d)(2) of title 23, 

2 United States Code, is amended by striking ‘‘The lead 

3 agency shall identify, as early as practicable in the 

4 environmental review process for a project,’’ and in5 serting ‘‘Not later than 45 days after the date of pub6 lication of a notice of intent to prepare an environ7 mental impact statement or the initiation of an envi8 ronmental assessment, the lead agency shall identify’’. 

9 (2) SINGLE NEPA DOCUMENT.—Section 139(d) of 

10 title 23, United States Code, is amended by adding 

11 at the end the following: 

12 ‘‘(8) SINGLE NEPA DOCUMENT.— 

13 ‘‘(A) IN GENERAL.—Except as inconsistent 

14 with paragraph (7), to the maximum extent 

15 practicable and consistent with Federal law, all 

16 Federal permits and reviews for a project shall 

17 rely on a single environment document prepared 

18 under the National Environmental Policy Act of 

19 1969 (42 U.S.C. 4321 et seq.) under the leader20 ship of the lead agency. 

21 ‘‘(B) USE OF DOCUMENT.— 

22 ‘‘(i) IN GENERAL.—To the maximum 

23 extent practicable, the lead agency shall de24 velop an environmental document sufficient 

25 to satisfy the requirements for any Federal 
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1 approval or other Federal action required 

2 for the project, including permits issued by 

3 other Federal agencies. 

4 ‘‘(ii) COOPERATION OF PARTICIPATING

5 AGENCIES.—Other participating agencies 

6 shall cooperate with the lead agency and 

7 provide timely information to help the lead 

8 agency carry out this subparagraph. 

9 ‘‘(C) TREATMENT AS PARTICIPATING AND

10 COOPERATING AGENCIES.—A Federal agency re11 quired to make an approval or take an action 

12 for a project, as described in subparagraph (B), 

13 shall work with the lead agency for the project 

14 to ensure that the agency making the approval 

15 or taking the action is treated as being both a 

16 participating and cooperating agency for the 

17 project.’’. 

18 (e) PROJECT INITIATION.—Section 139(e) of title 23, 

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

20 following: 

21 ‘‘(3) ENVIRONMENTAL CHECKLIST.— 

22 ‘‘(A) DEVELOPMENT.—The lead agency for 

23 a project, in consultation with participating 

24 agencies, shall develop, as appropriate, a check25 list to help project sponsors identify potential 
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1 natural, cultural, and historic resources in the 

2 area of the project. 

3 ‘‘(B) PURPOSE.—The purposes of the check4 list are— 

5 ‘‘(i) to identify agencies and organiza6 tions that can provide information about 

7 natural, cultural, and historic resources; 

8 ‘‘(ii) to develop the information needed 

9 to determine the range of alternatives; and 

10 ‘‘(iii) to improve interagency collabo11 ration to help expedite the permitting proc12 ess for the lead agency and participating 

13 agencies.’’. 

14 (f) PURPOSE AND NEED.—Section 139(f) of title 23, 

15 United States Code, is amended— 

16 (1) in the subsection heading by inserting ‘‘; AL17 TERNATIVES ANALYSIS’’ after ‘‘NEED’’; 

18 (2) in paragraph (4)— 

19 (A) by striking subparagraph (A) and in20 serting the following: 

21 ‘‘(A) PARTICIPATION.— 

22 ‘‘(i) IN GENERAL.—As early as prac23 ticable during the environmental review 

24 process, the lead agency shall seek the in25 volvement of participating agencies and the 
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1 public for the purpose of reaching agree2 ment early in the environmental review 

3 process on a reasonable range of alternatives 

4 that will satisfy all subsequent Federal en5 vironmental review and permit require6 ments. 

7 ‘‘(ii) COMMENTS OF PARTICIPATING

8 AGENCIES.—To the maximum extent prac9 ticable and consistent with applicable law, 

10 each participating agency receiving an op11 portunity for involvement under clause (i) 

12 shall— 

13 ‘‘(I) limit the agency’s comments 

14 to subject matter areas within the 

15 agency’s special expertise or jurisdic16 tion; and 

17 ‘‘(II) afford substantial deference 

18 to the range of alternatives rec19 ommended by the lead agency. 

20 ‘‘(iii) EFFECT OF NONPARTICIPA21 TION.—A participating agency that declines 

22 to participate in the development of the 

23 purpose and need and reasonable range of 

24 alternatives for a project shall be required 
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1 to comply with the schedule developed under 

2 subsection (g)(1)(B).’’; and 

3 (B) in subparagraph (B)— 

4 (i) by striking ‘‘Following participa5 tion under paragraph (1)’’ and inserting 

6 the following: 

7 ‘‘(i) DETERMINATION.—Following par8 ticipation under subparagraph (A)’’; and 

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

10 ‘‘(ii) USE.—To the maximum extent 

11 practicable and consistent with Federal law, 

12 the range of alternatives determined for a 

13 project under clause (i) shall be used for all 

14 Federal environmental reviews and permit 

15 processes required for the project unless the 

16 alternatives must be modified— 

17 ‘‘(I) to address significant new in18 formation or circumstances, and the 

19 lead agency and participating agencies 

20 agree that the alternatives must be 

21 modified to address the new informa22 tion or circumstances; or 

23 ‘‘(II) for the lead agency or a par24 ticipating agency to fulfill its respon25 sibilities under the National Environ-
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1 mental Policy Act of 1969 (42 U.S.C. 

2 4321 et seq.) in a timely manner.’’. 

3 (g) COORDINATION AND SCHEDULING.— 

4 (1) COORDINATION PLAN.—Section 139(g)(1) of 

5 title 23, United States Code, is amended— 

6 (A) in subparagraph (A) by striking ‘‘The 

7 lead agency’’ and inserting ‘‘Not later than 90 

8 days after the date of publication of a notice of 

9 intent to prepare an environmental impact state10 ment or the initiation of an environmental as11 sessment, the lead agency’’; and 

12 (B) in subparagraph (B)(i) by striking 

13 ‘‘may establish’’ and inserting ‘‘shall establish’’. 

14 (2) DEADLINES FOR DECISIONS UNDER OTHER

15 LAWS.—Section 139(g)(3) of title 23, United States 

16 Code, is amended to read as follows: 

17 ‘‘(3) DEADLINES FOR DECISIONS UNDER OTHER

18 LAWS.— 

19 ‘‘(A) IN GENERAL.—In any case in which a 

20 decision under any Federal law relating to a 

21 project (including the issuance or denial of a 

22 permit or license) is required by law, regulation, 

23 or Executive order to be made after the date on 

24 which the lead agency has issued a categorical 

25 exclusion, finding of no significant impact, or 
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1 record of decision with respect to the project, any 

2 such later decision shall be made or completed by 

3 the later of— 

4 ‘‘(i) the date that is 180 days after the 

5 lead agency’s final decision has been made; 

6 or 

7 ‘‘(ii) the date that is 180 days after the 

8 date on which a completed application was 

9 submitted for the permit or license. 

10 ‘‘(B) TREATMENT OF DELAYS.—Following 

11 the deadline established by subparagraph (A), the 

12 Secretary shall submit to the Committee on 

13 Transportation and Infrastructure of the House 

14 of Representatives and the Committee on Envi15 ronment and Public Works of the Senate, and 

16 publish on the Department’s Internet Web site— 

17 ‘‘(i) as soon as practicable after the 

18 180-day period, an initial notice of the fail19 ure of the Federal agency to make the deci20 sion; and 

21 ‘‘(ii) every 60 days thereafter, until 

22 such date as all decisions of the Federal 

23 agency relating to the project have been 

24 made by the Federal agency, an additional 

25 notice that describes the number of decisions 
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1 of the Federal agency that remain out2 standing as of the date of the additional no3 tice.’’. 

4 (3) ADOPTION OF DOCUMENTS; ACCELERATED

5 DECISIONMAKING IN ENVIRONMENTAL REVIEWS.— 

6 (A) IN GENERAL.—Section 139(g) of title 

7 23, United States Code, is amended— 

8 (i) by redesignating paragraph (4) as 

9 paragraph (5); and 

10 (ii) by inserting after paragraph (3) 

11 the following: 

12 ‘‘(4) ACCELERATED DECISIONMAKING IN ENVI13 RONMENTAL REVIEWS.— 

14 ‘‘(A) IN GENERAL.—In preparing a final 

15 environmental impact statement under the Na16 tional Environmental Policy Act of 1969 (42 

17 U.S.C. 4321 et seq.), if the lead agency modifies 

18 the statement in response to comments that are 

19 minor and are confined to factual corrections or 

20 explanations of why the comments do not war21 rant additional agency response, the lead agency 

22 may write on errata sheets attached to the state23 ment instead of rewriting the draft statement, 

24 subject to the condition that the errata sheets— 
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1 ‘‘(i) cite the sources, authorities, and 

2 reasons that support the position of the 

3 agency; and 

4 ‘‘(ii) if appropriate, indicate the cir5 cumstances that would trigger agency re6 appraisal or further response. 

7 ‘‘(B) SINGLE DOCUMENT.—To the max8 imum extent practicable, the lead agency shall 

9 expeditiously develop a single document that con10 sists of a final environmental impact statement 

11 and a record of decision, unless— 

12 ‘‘(i) the final environmental impact 

13 statement makes substantial changes to the 

14 proposed action that are relevant to envi15 ronmental or safety concerns; or 

16 ‘‘(ii) there is a significant new cir17 cumstance or information relevant to envi18 ronmental concerns that bears on the pro19 posed action or the impacts of the proposed 

20 action.’’. 

21 (B) CONFORMING AMENDMENT.—Section 

22 1319 of MAP–21 (42 U.S.C. 4332a), and the 

23 item relating to that section in the table of con24 tents contained in section 1(c) of that Act, are 

25 repealed. 
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1 (h) ISSUE IDENTIFICATION AND RESOLUTION.— 

2 (1) ISSUE RESOLUTION.—Section 139(h) of title 

3 23, United States Code, is amended— 

4 (A) by redesignating paragraphs (4) 

5 through (7) as paragraphs (5) through (8), re6 spectively; and 

7 (B) by inserting after paragraph (3) the fol8 lowing: 

9 ‘‘(4) ISSUE RESOLUTION.—Any issue resolved by 

10 the lead agency and participating agencies may not 

11 be reconsidered unless significant new information or 

12 circumstances arise.’’. 

13 (2) FAILURE TO ASSURE.—Section 139(h)(5)(C) 

14 of title 23, United States Code, (as redesignated by 

15 paragraph (1)(A) of this subsection) is amended by 

16 striking ‘‘paragraph (5) and’’ and inserting ‘‘para17 graph (6)’’. 

18 (3) ACCELERATED ISSUE RESOLUTION AND RE19 FERRAL.—Section 139(h)(6) of title 23, United States 

20 Code, (as redesignated by paragraph (1)(A) of this 

21 subsection) is amended by striking subparagraph (C) 

22 and inserting the following: 

23 ‘‘(C) REFERRAL TO COUNCIL ON ENVIRON24 MENTAL QUALITY.— 
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1 ‘‘(i) IN GENERAL.—If issue resolution 

2 for a project is not achieved on or before the 

3 30th day after the date of a meeting under 

4 subparagraph (B), the Secretary shall refer 

5 the matter to the Council on Environmental 

6 Quality. 

7 ‘‘(ii) MEETING.—Not later than 30 

8 days after the date of receipt of a referral 

9 from the Secretary under clause (i), the 

10 Council on Environmental Quality shall 

11 hold an issue resolution meeting with— 

12 ‘‘(I) the head of the lead agency; 

13 ‘‘(II) the heads of relevant partici14 pating agencies; and 

15 ‘‘(III) the project sponsor (includ16 ing the Governor only if the initial 

17 issue resolution meeting request came 

18 from the Governor). 

19 ‘‘(iii) RESOLUTION.—The Council on 

20 Environmental Quality shall work with the 

21 lead agency, relevant participating agen22 cies, and the project sponsor until all issues 

23 are resolved.’’. 

24 (4) FINANCIAL PENALTY PROVISIONS.—Section 

25 139(h)(7)(B)(i)(I) of title 23, United States Code, (as 
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1 redesignated by paragraph (1)(A) of this subsection) 

2 is amended by striking ‘‘under section 106(i) is re3 quired’’ and inserting ‘‘is required under subsection 

4 (h) or (i) of section 106’’. 

5 (i) ASSISTANCE TO AFFECTED STATE AND FEDERAL

6 AGENCIES.— 

7 (1) IN GENERAL.—Section 139(j)(1) of title 23, 

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

9 ‘‘(1) IN GENERAL.— 

10 ‘‘(A) AUTHORITY TO PROVIDE FUNDS.—The 

11 Secretary may allow a public entity receiving fi12 nancial assistance from the Department of 

13 Transportation under this title or chapter 53 of 

14 title 49 to provide funds to Federal agencies (in15 cluding the Department), State agencies, and In16 dian tribes participating in the environmental 

17 review process for the project or program. 

18 ‘‘(B) USE OF FUNDS.—Funds referred to in 

19 subparagraph (A) may be provided only to sup20 port activities that directly and meaningfully 

21 contribute to expediting and improving permit22 ting and review processes, including planning, 

23 approval, and consultation processes for the 

24 project or program.’’. 
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1 (2) ACTIVITIES ELIGIBLE FOR FUNDING.—Sec2 tion 139(j)(2) of title 23, United States Code, is 

3 amended by inserting ‘‘activities directly related to 

4 the environmental review process,’’ before ‘‘dedicated 

5 staffing,’’. 

6 (3) AGREEMENT.—Section 139(j)(6) of title 23, 

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

8 ‘‘(6) AGREEMENT.—Prior to providing funds ap9 proved by the Secretary for dedicated staffing at an 

10 affected agency under paragraphs (1) and (2), the af11 fected agency and the requesting public entity shall 

12 enter into an agreement that establishes the projects 

13 and priorities to be addressed by the use of the 

14 funds.’’. 

15 (j) IMPLEMENTATION OF PROGRAMMATIC COMPLI16 ANCE.— 

17 (1) RULEMAKING.—Not later than 1 year after 

18 the date of enactment of this Act, the Secretary shall 

19 complete a rulemaking to implement the provisions of 

20 section 139(b)(3) of title 23, United States Code, as 

21 amended by this section. 

22 (2) CONSULTATION.—Before initiating the rule23 making under paragraph (1), the Secretary shall con24 sult with relevant Federal agencies, relevant State re25 source agencies, State departments of transportation, 
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1 Indian tribes, and the public on the appropriate use 

2 and scope of the programmatic approaches. 

3 (3) REQUIREMENTS.—In carrying out this sub4 section, the Secretary shall ensure that the rulemaking 

5 meets the requirements of section 139(b)(3)(B) of title 

6 23, United States Code, as amended by this section. 

7 (4) COMMENT PERIOD.—The Secretary shall— 

8 (A) allow not fewer than 60 days for public 

9 notice and comment on the proposed rule; and 

10 (B) address any comments received under 

11 this subsection. 

12 SEC. 1306. IMPROVING TRANSPARENCY IN ENVIRON13 MENTAL REVIEWS. 

14 (a) IN GENERAL.—Not later than 18 months after the 

15 date of enactment of this Act, the Secretary shall— 

16 (1) maintain and use a searchable Internet Web 

17 site— 

18 (A) to make publicly available the status 

19 and progress of projects, as defined in section 

20 139 of title 23, United States Code, requiring an 

21 environmental assessment or an environmental 

22 impact statement with respect to compliance 

23 with applicable requirements of the National En24 vironmental Policy Act of 1969 (42 U.S.C. 4321 
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1 et seq.) and any other Federal, State, or local 

2 approval required for such projects; and 

3 (B) to make publicly available the names of 

4 participating agencies not participating in the 

5 development of a project purpose and need and 

6 range of alternatives under section 139(f) of title 

7 23, United States Code; and 

8 (2) in coordination with agencies described in 

9 subsection (b) and State agencies, issue reporting 

10 standards to meet the requirements of paragraph (1). 

11 (b) FEDERAL, STATE, AND LOCAL AGENCY PARTICIPA12 TION.—A Federal, State, or local agency participating in 

13 the environmental review or permitting process for a 

14 project, as defined in section 139 of title 23, United States 

15 Code, shall provide to the Secretary information regarding 

16 the status and progress of the approval of the project for 

17 publication on the Internet Web site maintained under sub18 section (a), consistent with the standards established under 

19 subsection (a). 

20 (c) STATES WITH DELEGATED AUTHORITY.—A State 

21 with delegated authority for responsibilities under the Na22 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 

23 et seq.) pursuant to section 327 of title 23, United States 

24 Code, shall be responsible for supplying project development 
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1 and compliance status to the Secretary for all applicable 

2 projects. 

3 SEC. 1307. INTEGRATION OF PLANNING AND ENVIRON4 MENTAL REVIEW. 

5 (a) DEFINITIONS.—Section 168(a) of title 23, United 

6 States Code, is amended— 

7 (1) by striking paragraph (1) and inserting the 

8 following: 

9 ‘‘(1) ENVIRONMENTAL REVIEW PROCESS.—The 

10 term ‘environmental review process’ has the meaning 

11 given that term in section 139(a).’’; 

12 (2) by redesignating paragraphs (2) through (4) 

13 as paragraphs (3) through (5), respectively; 

14 (3) by inserting after paragraph (1) the fol15 lowing: 

16 ‘‘(2) LEAD AGENCY.—The term ‘lead agency’ has 

17 the meaning given that term in section 139(a).’’; and 

18 (4) by striking paragraph (3) (as redesignated 

19 by paragraph (2) of this subsection) and inserting the 

20 following: 

21 ‘‘(3) PLANNING PRODUCT.—The term ‘planning 

22 product’ means a decision, analysis, study, or other 

23 documented information that is the result of an eval24 uation or decisionmaking process carried out by a 

25 metropolitan planning organization or a State, as 
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1 appropriate, during metropolitan or statewide trans2 portation planning under section 134 or section 135, 

3 respectively.’’. 

4 (b) ADOPTION OF PLANNING PRODUCTS FOR USE IN

5 NEPA PROCEEDINGS.—Section 168(b) of title 23, United 

6 States Code, is amended— 

7 (1) in the subsection heading by inserting ‘‘OR

8 INCORPORATION BY REFERENCE’’ after ‘‘ADOPTION’’; 

9 (2) in paragraph (1) by striking ‘‘the Federal 

10 lead agency for a project may adopt’’ and inserting 

11 ‘‘and to the maximum extent practicable and appro12 priate, the lead agency for a project may adopt or in13 corporate by reference’’; 

14 (3) by striking paragraph (2) and redesignating 

15 paragraphs (3) and (4) as paragraphs (2) and (3), 

16 respectively; 

17 (4) by striking paragraph (2) (as so redesig18 nated) and inserting the following: 

19 ‘‘(2) PARTIAL ADOPTION OR INCORPORATION BY

20 REFERENCE OF PLANNING PRODUCTS.—The lead 

21 agency may adopt or incorporate by reference a plan22 ning product under paragraph (1) in its entirety or 

23 may select portions for adoption or incorporation by 

24 reference.’’; and 
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1 (5) in paragraph (3) (as so redesignated) by in2 serting ‘‘or incorporation by reference’’ after ‘‘adop3 tion’’. 

4 (c) APPLICABILITY.— 

5 (1) PLANNING DECISIONS.—Section 168(c)(1) of 

6 title 23, United States Code, is amended— 

7 (A) in the matter preceding subparagraph 

8 (A) by striking ‘‘adopted’’ and inserting ‘‘adopt9 ed or incorporated by reference by the lead agen10 cy’’; 

11 (B) by redesignating subparagraphs (A) 

12 through (E) as subparagraphs (B) through (F), 

13 respectively; 

14 (C) by inserting before subparagraph (B) 

15 (as so redesignated) the following: 

16 ‘‘(A) the project purpose and need;’’; 

17 (D) by striking subparagraph (B) (as so re18 designated) and inserting the following: 

19 ‘‘(B) the preliminary screening of alter20 natives and elimination of unreasonable alter21 natives;’’; 

22 (E) in subparagraph (C) (as so redesig23 nated) by inserting ‘‘and general travel corridor’’ 

24 after ‘‘modal choice’’; 
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1 (F) in subparagraph (E) (as so redesig2 nated) by striking ‘‘and’’ at the end; 

3 (G) in subparagraph (F) (as so redesig4 nated)— 

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

6 by striking ‘‘potential impacts’’ and all that 

7 follows through ‘‘resource agencies,’’ and in8 serting ‘‘potential impacts of a project, in9 cluding a programmatic mitigation plan 

10 developed in accordance with section 169, 

11 that the lead agency’’; and 

12 (ii) in clause (ii) by striking the pe13 riod at the end and inserting ‘‘; and’’; and 

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

15 ‘‘(G) whether tolling, private financial as16 sistance, or other special financial measures are 

17 necessary to implement the project.’’. 

18 (2) PLANNING ANALYSES.—Section 168(c)(2) of 

19 title 23, United States Code, is amended— 

20 (A) in the matter preceding subparagraph 

21 (A) by striking ‘‘adopted’’ and inserting ‘‘adopt22 ed or incorporated by reference by the lead agen23 cy’’; 

24 (B) in subparagraph (G)— 
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1 (i) by inserting ‘‘direct, indirect, and’’ 

2 before ‘‘cumulative effects’’; and 

3 (ii) by striking ‘‘, identified as a result 

4 of a statewide or regional cumulative effects 

5 assessment’’; and 

6 (C) in subparagraph (H)— 

7 (i) by striking ‘‘proposed action’’ and 

8 inserting ‘‘proposed project’’; and 

9 (ii) by striking ‘‘Federal lead agency’’ 

10 and inserting ‘‘lead agency’’. 

11 (d) CONDITIONS.—Section 168(d) of title 23, United 

12 States Code, is amended— 

13 (1) in the matter preceding paragraph (1) by 

14 striking ‘‘Adoption and use’’ and all that follows 

15 through ‘‘Federal lead agency, that’’ and inserting 

16 ‘‘The lead agency in the environmental review process 

17 may adopt or incorporate by reference and use a 

18 planning product under this section if the lead agency 

19 determines that’’; 

20 (2) in paragraph (2) by striking ‘‘by engaging 

21 in active consultation’’ and inserting ‘‘in consulta22 tion’’; 

23 (3) by striking paragraphs (4) and (5) and in24 serting the following: 
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1 ‘‘(4) The planning process included public notice 

2 that the planning products may be adopted or incor3 porated by reference during a subsequent environ4 mental review process in accordance with this section. 

5 ‘‘(5) During the environmental review process, 

6 but prior to determining whether to rely on and use 

7 the planning product, the lead agency has— 

8 ‘‘(A) made the planning documents avail9 able for review and comment by members of the 

10 general public and Federal, State, local, and 

11 tribal governments that may have an interest in 

12 the proposed action; 

13 ‘‘(B) provided notice of the lead agency’s in14 tent to adopt the planning product or incor15 porate the planning product by reference; and 

16 ‘‘(C) considered any resulting comments.’’; 

17 (4) in paragraph (9)— 

18 (A) by inserting ‘‘or incorporation by ref19 erence’’ after ‘‘adoption’’; and 

20 (B) by inserting ‘‘and is sufficient to meet 

21 the requirements of the National Environmental 

22 Policy Act of 1969 (42 U.S.C. 4321 et seq.)’’ 

23 after ‘‘for the project’’; and 

24 (5) in paragraph (10) by striking ‘‘not later 

25 than 5 years prior to date on which the information 
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1 is adopted’’ and inserting ‘‘within the 5-year period 

2 ending on the date on which the information is adopt3 ed or incorporated by reference’’. 

4 (e) EFFECT OF ADOPTION OR INCORPORATION BY REF5 ERENCE.—Section 168(e) of title 23, United States Code, 

6 is amended— 

7 (1) in the subsection heading by inserting ‘‘OR

8 INCORPORATION BY REFERENCE’’ after ‘‘ADOPTION’’; 

9 and 

10 (2) by striking ‘‘adopted by the Federal lead 

11 agency’’ and inserting ‘‘adopted or incorporated by 

12 reference by the lead agency’’. 

13 SEC. 1308. DEVELOPMENT OF PROGRAMMATIC MITIGATION 

14 PLANS. 

15 Section 169(f) of title 23, United States Code, is 

16 amended by striking ‘‘may use’’ and inserting ‘‘shall give 

17 substantial weight to’’. 

18 SEC. 1309. DELEGATION OF AUTHORITIES. 

19 (a) IN GENERAL.—The Secretary shall use the author20 ity under section 106(c) of title 23, United States Code, to 

21 the maximum extent practicable, to delegate responsibility 

22 to the States for project design, plans, specifications, esti23 mates, contract awards, and inspection of projects, on both 

24 a project-specific and programmatic basis. 
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1 (b) SUBMISSION OF RECOMMENDATIONS.—Not later 

2 than 18 months after the date of enactment of this Act, the 

3 Secretary, in cooperation with the States, shall submit to 

4 the Committee on Transportation and Infrastructure of the 

5 House of Representatives and the Committee on Environ6 ment and Public Works of the Senate recommendations for 

7 legislation to permit the delegation of additional authorities 

8 to the States, including with respect to real estate acquisi9 tion and project design. 

10 SEC. 1310. CATEGORICAL EXCLUSION FOR PROJECTS OF 

11 LIMITED FEDERAL ASSISTANCE. 

12 (a) ADJUSTMENT FOR INFLATION.—Section 1317 of 

13 MAP–21 (23 U.S.C. 109 note) is amended— 

14 (1) in paragraph (1)(A) by inserting ‘‘(as ad15 justed annually by the Secretary to reflect any in16 creases in the Consumer Price Index prepared by the 

17 Department of Labor)’’ after ‘‘$5,000,000’’; and 

18 (2) in paragraph (1)(B) by inserting ‘‘(as ad19 justed annually by the Secretary to reflect any in20 creases in the Consumer Price Index prepared by the 

21 Department of Labor)’’ after ‘‘$30,000,000’’. 

22 (b) RETROACTIVE APPLICATION.—The first adjustment 

23 made pursuant to the amendments made by subsection (a) 

24 shall— 
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1 (1) be carried out not later than 60 days after 

2 the date of enactment of this Act; and 

3 (2) reflect the increase in the Consumer Price 

4 Index since July 1, 2012. 

5 SEC. 1311. APPLICATION OF CATEGORICAL EXCLUSIONS 

6 FOR MULTIMODAL PROJECTS. 

7 Section 304 of title 49, United States Code, is amend8 ed— 

9 (1) in subsection (a)— 

10 (A) in paragraph (1)— 

11 (i) by striking ‘‘operating authority 

12 that’’ and inserting ‘‘operating administra13 tion or secretarial office that has expertise 

14 but’’; and 

15 (ii) by inserting ‘‘proposed 

16 multimodal’’ after ‘‘with respect to a’’; and 

17 (B) by striking paragraph (2) and inserting 

18 the following: 

19 ‘‘(2) LEAD AUTHORITY.—The term ‘lead author20 ity’ means a Department of Transportation operating 

21 administration or secretarial office that has the lead 

22 responsibility for compliance with the National Envi23 ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

24 with respect to a proposed multimodal project.’’; 
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1 (2) in subsection (b) by inserting ‘‘or title 23’’ 

2 after ‘‘under this title’’; 

3 (3) by striking subsection (c) and inserting the 

4 following: 

5 ‘‘(c) APPLICATION OF CATEGORICAL EXCLUSIONS FOR

6 MULTIMODAL PROJECTS.—In considering the environ7 mental impacts of a proposed multimodal project, a lead 

8 authority may apply categorical exclusions designated 

9 under the National Environmental Policy Act of 1969 (42 

10 U.S.C. 4321 et seq.) in implementing regulations or proce11 dures of a cooperating authority for a proposed multimodal 

12 project, subject to the conditions that— 

13 ‘‘(1) the lead authority makes a determination, 

14 with the concurrence of the cooperating authority— 

15 ‘‘(A) on the applicability of a categorical 

16 exclusion to a proposed multimodal project; and 

17 ‘‘(B) that the project satisfies the conditions 

18 for a categorical exclusion under the National 

19 Environmental Policy Act of 1969 (42 U.S.C. 

20 4321 et seq.) and this section; 

21 ‘‘(2) the lead authority follows the cooperating 

22 authority’s implementing regulations or procedures 

23 under such Act; and 

24 ‘‘(3) the lead authority determines that— 
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1 ‘‘(A) the proposed multimodal project does 

2 not individually or cumulatively have a signifi3 cant impact on the environment; and 

4 ‘‘(B) extraordinary circumstances do not 

5 exist that merit additional analysis and docu6 mentation in an environmental impact state7 ment or environmental assessment required 

8 under such Act.’’; and 

9 (4) by striking subsection (d) and inserting the 

10 following: 

11 ‘‘(d) COOPERATING AUTHORITY EXPERTISE.—A co12 operating authority shall provide expertise to the lead au13 thority on aspects of the multimodal project in which the 

14 cooperating authority has expertise.’’. 

15 SEC. 1312. SURFACE TRANSPORTATION PROJECT DELIVERY 

16 PROGRAM. 

17 Section 327 of title 23, United States Code, is amend18 ed— 

19 (1) in subsection (a)(2)(B)(iii) by striking ‘‘(42 

20 U.S.C. 13 4321 et seq.)’’ and inserting ‘‘(42 U.S.C. 

21 4321 et seq.)’’; 

22 (2) in subsection (c)(4) by inserting ‘‘reason23 ably’’ before ‘‘considers necessary’’; 

24 (3) in subsection (e) by inserting ‘‘and without 

25 further approval of’’ after ‘‘in lieu of’’; 
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1 (4) in subsection (g)— 

2 (A) by striking paragraph (1) and inserting 

3 the following: 

4 ‘‘(1) IN GENERAL.—To ensure compliance by a 

5 State with any agreement of the State under sub6 section (c) (including compliance by the State with 

7 all Federal laws for which responsibility is assumed 

8 under subsection (a)(2)), for each State participating 

9 in the program under this section, the Secretary 

10 shall— 

11 ‘‘(A) not later than 6 months after execution 

12 of the agreement, meet with the State to review 

13 implementation of the agreement and discuss 

14 plans for the first annual audit; 

15 ‘‘(B) conduct annual audits during each of 

16 the first 4 years of State participation; and 

17 ‘‘(C) ensure that the time period for com18 pleting an annual audit, from initiation to com19 pletion (including public comment and responses 

20 to those comments), does not exceed 180 days.’’; 

21 and 

22 (B) by adding at the end the following: 

23 ‘‘(3) AUDIT TEAM.—An audit conducted under 

24 paragraph (1) shall be carried out by an audit team 

25 determined by the Secretary, in consultation with the 
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1 State. Such consultation shall include a reasonable 

2 opportunity for the State to review and provide com3 ments on the proposed members of the audit team.’’; 

4 and 

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

6 ‘‘(k) CAPACITY BUILDING.—The Secretary, in coopera7 tion with representatives of State officials, may carry out 

8 education, training, peer-exchange, and other initiatives as 

9 appropriate— 

10 ‘‘(1) to assist States in developing the capacity 

11 to participate in the assignment program under this 

12 section; and 

13 ‘‘(2) to promote information sharing and collabo14 ration among States that are participating in the as15 signment program under this section. 

16 ‘‘(l) RELATIONSHIP TO LOCALLY ADMINISTERED

17 PROJECTS.—A State granted authority under this section 

18 may, as appropriate and at the request of a local govern19 ment— 

20 ‘‘(1) exercise such authority on behalf of the local 

21 government for a locally administered project; or 

22 ‘‘(2) provide guidance and training on consoli23 dating and minimizing the documentation and envi24 ronmental analyses necessary for sponsors of a locally 

25 administered project to comply with the National En-
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1 vironmental Policy Act of 1969 (42 U.S.C. 4321 et 

2 seq.) and any comparable requirements under State 

3 law.’’. 

4 SEC. 1313. PROGRAM FOR ELIMINATING DUPLICATION OF 

5 ENVIRONMENTAL REVIEWS. 

6 (a) PURPOSE.—The purpose of this section is to elimi7 nate duplication of environmental reviews and approvals 

8 under State and Federal laws. 

9 (b) IN GENERAL.—Chapter 3 of title 23, United States 

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

11 ‘‘§ 330. Program for eliminating duplication of envi12 ronmental reviews 

13 ‘‘(a) ESTABLISHMENT.— 

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

15 a pilot program to authorize States that are approved 

16 to participate in the program to conduct environ17 mental reviews and make approvals for projects under 

18 State environmental laws and regulations instead of 

19 Federal environmental laws and regulations, con20 sistent with the requirements of this section. 

21 ‘‘(2) PARTICIPATING STATES.—The Secretary 

22 may select not more than 5 States to participate in 

23 the program. 
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1 ‘‘(3) ALTERNATIVE REVIEW AND APPROVAL PRO2 CEDURES.—In this section, the term ‘alternative envi3 ronmental review and approval procedures’ means— 

4 ‘‘(A) substitution of 1 or more State envi5 ronmental laws for— 

6 ‘‘(i) the National Environmental Pol7 icy Act of 1969 (42 U.S.C. 4321 et seq.); 

8 ‘‘(ii) such provisions of sections 109(h), 

9 128, and 139 related to the application of 

10 that Act that are under the authority of the 

11 Secretary, as the Secretary, in consultation 

12 with the State, considers appropriate; and 

13 ‘‘(iii) related regulations and Execu14 tive orders; and 

15 ‘‘(B) substitution of 1 or more State envi16 ronmental regulations for— 

17 ‘‘(i) the National Environmental Pol18 icy Act of 1969; 

19 ‘‘(ii) such provisions of sections 109(h), 

20 128, and 139 related to the application of 

21 that Act that are under the authority of the 

22 Secretary, as the Secretary, in consultation 

23 with the State, considers appropriate; and 

24 ‘‘(iii) related regulations and Execu25 tive orders. 
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1 ‘‘(b) APPLICATION.—To be eligible to participate in the 

2 program, a State shall submit to the Secretary an applica3 tion containing such information as the Secretary may re4 quire, including— 

5 ‘‘(1) a full and complete description of the pro6 posed alternative environmental review and approval 

7 procedures of the State; 

8 ‘‘(2) each Federal law described in subsection 

9 (a)(3) that the State is seeking to substitute; 

10 ‘‘(3) each State law and regulation that the 

11 State intends to substitute for such Federal law, Fed12 eral regulation, or Executive order; 

13 ‘‘(4) an explanation of the basis for concluding 

14 that the State law or regulation is substantially 

15 equivalent to the Federal law described in subsection 

16 (a)(3); 

17 ‘‘(5) a description of the projects or classes of 

18 projects for which the State anticipates exercising the 

19 authority that may be granted under the program; 

20 ‘‘(6) verification that the State has the financial 

21 resources necessary to carry out the authority that 

22 may be granted under the program; 

23 ‘‘(7) evidence of having sought, received, and ad24 dressed comments on the proposed application from 

25 the public; and 
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1 ‘‘(8) any such additional information as the Sec2 retary, or, with respect to section (d)(1)(A), the Sec3 retary in consultation with the Chair, may require. 

4 ‘‘(c) REVIEW OF APPLICATION.—In accordance with 

5 subsection (d), the Secretary shall— 

6 ‘‘(1) review an application submitted under sub7 section (b); 

8 ‘‘(2) approve or disapprove the application not 

9 later than 90 days after the date of receipt of the ap10 plication; and 

11 ‘‘(3) transmit to the State notice of the approval 

12 or disapproval, together with a statement of the rea13 sons for the approval or disapproval. 

14 ‘‘(d) APPROVAL OF APPLICATION.— 

15 ‘‘(1) IN GENERAL.—The Secretary shall approve 

16 an application submitted under subsection (b) only 

17 if— 

18 ‘‘(A) the Secretary, with the concurrence of 

19 the Chair, determines that the laws and regula20 tions of the State described in the application 

21 are substantially equivalent to the Federal laws 

22 that the State is seeking to substitute; 

23 ‘‘(B) the Secretary determines that the State 

24 has the capacity, including financial and per25 sonnel, to assume the responsibility; and 
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1 ‘‘(C) the State has executed an agreement 

2 with the Secretary, in accordance with section 

3 327, providing for environmental review, con4 sultation, or other action under Federal environ5 mental laws pertaining to the review or approval 

6 of a specific project. 

7 ‘‘(2) EXCLUSION.—The National Environmental 

8 Policy Act of 1969 shall not apply to a decision by 

9 the Secretary to approve or disapprove an applica10 tion submitted under this section. 

11 ‘‘(e) JUDICIAL REVIEW.— 

12 ‘‘(1) IN GENERAL.—The United States district 

13 courts shall have exclusive jurisdiction over any civil 

14 action against a State— 

15 ‘‘(A) for failure of the State to meet the re16 quirements of this section; or 

17 ‘‘(B) if the action involves the exercise of 

18 authority by the State under this section and 

19 section 327. 

20 ‘‘(2) STATE JURISDICTION.—A State court shall 

21 have exclusive jurisdiction over any civil action 

22 against a State if the action involves the exercise of 

23 authority by the State under this section not covered 

24 by paragraph (1). 
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1 ‘‘(f) ELECTION.—At its discretion, a State partici2 pating in the programs under this section and section 327 

3 may elect to apply the National Environmental Protection 

4 Act of 1969 instead of the State’s alternative environmental 

5 review and approval procedures. 

6 ‘‘(g) TREATMENT OF STATE LAWS AND REGULA7 TIONS.—To the maximum extent practicable and consistent 

8 with Federal law, other Federal agencies with authority 

9 over a project subject to this section shall use documents 

10 produced by a participating State under this section to sat11 isfy the requirements of the National Environmental Policy 

12 Act of 1969. 

13 ‘‘(h) RELATIONSHIP TO LOCALLY ADMINISTERED

14 PROJECTS.— 

15 ‘‘(1) IN GENERAL.—A State with an approved 

16 program under this section, at the request of a local 

17 government, may exercise authority under that pro18 gram on behalf of up to 25 local governments for lo19 cally administered projects. 

20 ‘‘(2) SCOPE.—For up to 25 local governments se21 lected by a State with an approved program under 

22 this section, the State shall be responsible for ensuring 

23 that any environmental review, consultation, or other 

24 action required under the National Environmental 
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1 Policy Act of 1969 or the State program, or both, 

2 meets the requirements of such Act or program. 

3 ‘‘(i) REVIEW AND TERMINATION.— 

4 ‘‘(1) IN GENERAL.—A State program approved 

5 under this section shall at all times be in accordance 

6 with the requirements of this section. 

7 ‘‘(2) REVIEW.—The Secretary shall review each 

8 State program approved under this section not less 

9 than once every 5 years. 

10 ‘‘(3) PUBLIC NOTICE AND COMMENT.—In con11 ducting the review process under paragraph (2), the 

12 Secretary shall provide notice and an opportunity for 

13 public comment. 

14 ‘‘(4) WITHDRAWAL OF APPROVAL.—If the Sec15 retary, in consultation with the Chair, determines at 

16 any time that a State is not administering a State 

17 program approved under this section in accordance 

18 with the requirements of this section, the Secretary 

19 shall so notify the State, and if appropriate corrective 

20 action is not taken within a reasonable time, not to 

21 exceed 90 days, the Secretary shall withdraw ap22 proval of the State program. 

23 ‘‘(5) EXTENSIONS AND TERMINATIONS.—At the 

24 conclusion of the review process under paragraph (2), 

25 the Secretary may extend for an additional 5-year pe-
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1 riod or terminate the authority of a State under this 

2 section to substitute that State’s laws and regulations 

3 for Federal laws. 

4 ‘‘(j) REPORT TO CONGRESS.—Not later than 2 years 

5 after the date of enactment of this section, and annually 

6 thereafter, the Secretary shall submit to the Committee on 

7 Transportation and Infrastructure of the House of Rep8 resentatives and the Committee on Environment and Public 

9 Works of the Senate a report that describes the administra10 tion of the program, including— 

11 ‘‘(1) the number of States participating in the 

12 program; 

13 ‘‘(2) the number and types of projects for which 

14 each State participating in the program has used al15 ternative environmental review and approval proce16 dures; and 

17 ‘‘(3) any recommendations for modifications to 

18 the program. 

19 ‘‘(k) DEFINITIONS.—In this section, the following defi20 nitions apply: 

21 ‘‘(1) CHAIR.—The term ‘Chair’ means the Chair 

22 of the Council on Environmental Quality. 

23 ‘‘(2) MULTIMODAL PROJECT.—The term 

24 ‘multimodal project’ has the meaning given that term 

25 in section 139(a). 
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1 ‘‘(3) PROGRAM.—The term ‘program’ means the 

2 pilot program established under this section. 

3 ‘‘(4) PROJECT.—The term ‘project’ means— 

4 ‘‘(A) a project requiring approval under 

5 this title, chapter 53 of subtitle III of title 49, or 

6 subtitle V of title 49; and 

7 ‘‘(B) a multimodal project.’’. 

8 (c) RULEMAKING.— 

9 (1) IN GENERAL.—Not later than 270 days after 

10 the date of enactment of this Act, the Secretary of 

11 Transportation, in consultation with the Chair of the 

12 Council on Environmental Quality, shall promulgate 

13 regulations to implement the requirements of section 

14 330 of title 23, United States Code, as added by this 

15 section. 

16 (2) DETERMINATION OF SUBSTANTIALLY EQUIVA17 LENT.—As part of the rulemaking required under this 

18 subsection, the Chair shall— 

19 (A) establish the criteria necessary to deter20 mine that a State law or regulation is substan21 tially equivalent to a Federal law described in 

22 section 330(a)(3) of title 23, United States Code; 

23 (B) ensure that such criteria, at a min24 imum— 
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1 (i) provide for protection of the envi2 ronment; 

3 (ii) provide opportunity for public 

4 participation and comment, including ac5 cess to the documentation necessary to re6 view the potential impact of a project; and 

7 (iii) ensure a consistent review of 

8 projects that would otherwise have been cov9 ered under Federal law. 

10 (d) CLERICAL AMENDMENT.—The analysis for chapter 

11 3 of title 23, United States Code, is amended by adding 

12 at the end the following: 

‘‘330. Program for eliminating duplication of environmental reviews.’’. 

13 SEC. 1314. ASSESSMENT OF PROGRESS ON ACCELERATING 

14 PROJECT DELIVERY. 

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

16 date of enactment of this Act, the Comptroller General of 

17 the United States shall assess the progress made under this 

18 Act, MAP–21 (Public Law 112–141), and SAFETEA–LU 

19 (Public Law 109–59), including the amendments made by 

20 those Acts, to accelerate the delivery of Federal-aid highway 

21 and highway safety construction projects and public trans22 portation capital projects by streamlining the environ23 mental review and permitting process. 

24 (b) CONTENTS.—The assessment required under sub25 section (a) shall evaluate— 
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1 (1) how often the various streamlining provi2 sions have been used; 

3 (2) which of the streamlining provisions have 

4 had the greatest impact on streamlining the environ5 mental review and permitting process; 

6 (3) what, if any, impact streamlining of the 

7 process has had on environmental protection; 

8 (4) how, and the extent to which, streamlining 

9 provisions have improved and accelerated the process 

10 for permitting under the Federal Water Pollution 

11 Control Act (33 U.S.C. 1251 et seq.), the Endangered 

12 Species Act of 1973 (16 U.S.C. 1531 et seq.), and 

13 other applicable Federal laws; 

14 (5) what impact actions by the Council on Envi15 ronmental Quality have had on accelerating Federal16 aid highway and highway safety construction projects 

17 and public transportation capital projects; 

18 (6) the number and percentage of projects that 

19 proceed under a traditional environmental assessment 

20 or environmental impact statement, and the number 

21 and percentage of projects that proceed under categor22 ical exclusions; 

23 (7) the extent to which the environmental review 

24 and permitting process remains a significant source 

25 of project delay and the sources of delays; and 
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1 (8) the costs of conducting environmental reviews 

2 and issuing permits or licenses for a project, includ3 ing the cost of contractors and dedicated agency staff. 

4 (c) RECOMMENDATIONS.—The assessment required 

5 under subsection (a) shall include recommendations with 

6 respect to— 

7 (1) additional opportunities for streamlining the 

8 environmental review process, including regulatory or 

9 statutory changes to accelerate the processes of Federal 

10 agencies (other than the Department) with responsi11 bility for reviewing Federal-aid highway and high12 way safety construction projects and public transpor13 tation capital projects without negatively impacting 

14 the environment; and 

15 (2) best practices of other Federal agencies that 

16 should be considered for adoption by the Department. 

17 (d) REPORT TO CONGRESS.—The Comptroller General 

18 of the United States shall submit to the Committee on 

19 Transportation and Infrastructure of the House of Rep20 resentatives and the Committee on Environment and Public 

21 Works of the Senate a report containing the assessment and 

22 recommendations required under this section. 
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1 SEC. 1315. IMPROVING STATE AND FEDERAL AGENCY EN2 GAGEMENT IN ENVIRONMENTAL REVIEWS. 

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

4 amended by inserting after section 306 the following: 

5 ‘‘§ 307. Improving State and Federal agency engage6 ment in environmental reviews 

7 ‘‘(a) IN GENERAL.— 

8 ‘‘(1) REQUESTS TO PROVIDE FUNDS.—A public 

9 entity receiving financial assistance from the Depart10 ment of Transportation for 1 or more projects, or for 

11 a program of projects, for a public purpose may re12 quest that the Secretary allow the public entity to 

13 provide funds to Federal agencies, including the De14 partment, State agencies, and Indian tribes partici15 pating in the environmental planning and review 

16 process for the project, projects, or program. 

17 ‘‘(2) USE OF FUNDS.—The funds may be pro18 vided only to support activities that directly and 

19 meaningfully contribute to expediting and improving 

20 permitting and review processes, including planning, 

21 approval, and consultation processes for the project, 

22 projects, or program. 

23 ‘‘(b) ACTIVITIES ELIGIBLE FOR FUNDING.—Activities 

24 for which funds may be provided under subsection (a) in25 clude transportation planning activities that precede the 

26 initiation of the environmental review process, activities di-
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1 rectly related to the environmental review process, dedicated 

2 staffing, training of agency personnel, information gath3 ering and mapping, and development of programmatic 

4 agreements. 

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

6 approved only for the additional amounts that the Sec7 retary determines are necessary for the Federal agencies, 

8 State agencies, or Indian tribes participating in the envi9 ronmental review process to timely conduct their review. 

10 ‘‘(d) AGREEMENTS.—Prior to providing funds ap11 proved by the Secretary for dedicated staffing at an affected 

12 Federal agency under subsection (a), the affected Federal 

13 agency and the requesting public entity shall enter into an 

14 agreement that establishes a process to identify projects or 

15 priorities to be addressed by the use of the funds. 

16 ‘‘(e) RULEMAKING.— 

17 ‘‘(1) IN GENERAL.—Not later than 180 days 

18 after the date of enactment of this section, the Sec19 retary shall initiate a rulemaking to implement this 

20 section. 

21 ‘‘(2) FACTORS.—As part of the rulemaking car22 ried out under paragraph (1), the Secretary shall en23 sure— 

24 ‘‘(A) to the maximum extent practicable, 

25 that expediting and improving the process of en-
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1 vironmental review and permitting through the 

2 use of funds accepted and expended under this 

3 section does not adversely affect the timeline for 

4 review and permitting by Federal agencies, State 

5 agencies, or Indian tribes of other entities that 

6 have not contributed funds under this section; 

7 ‘‘(B) that the use of funds accepted under 

8 this section will not impact impartial decision9 making with respect to environmental reviews or 

10 permits, either substantively or procedurally; 

11 and 

12 ‘‘(C) that the Secretary maintains, and 

13 makes publicly available, including on the Inter14 net, a list of projects or programs for which such 

15 review or permits have been carried out using 

16 funds authorized under this section. 

17 ‘‘(f) EXISTING AUTHORITY.—Nothing in this section 

18 may be construed to conflict with section 139(j) of title 23.’’. 

19 (b) CONFORMING AMENDMENT.—The analysis for 

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

21 inserting after the item relating to section 306 the following: 

‘‘307. Improving State and Federal agency engagement in environmental reviews.’’. 
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1 SEC. 1316. ACCELERATED DECISIONMAKING IN ENVIRON2 MENTAL REVIEWS. 

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

4 amended by inserting after section 304 the following: 

5 ‘‘§ 304a. Accelerated decisionmaking in environmental 

6 reviews 

7 ‘‘(a) IN GENERAL.—In preparing a final environ8 mental impact statement under the National Environ9 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if the 

10 lead agency modifies the statement in response to comments 

11 that are minor and are confined to factual corrections or 

12 explanations of why the comments do not warrant addi13 tional agency response, the lead agency may write on errata 

14 sheets attached to the statement, instead of rewriting the 

15 draft statement, subject to the condition that the errata 

16 sheets— 

17 ‘‘(1) cite the sources, authorities, and reasons 

18 that support the position of the agency; and 

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

20 that would trigger agency reappraisal or further re21 sponse. 

22 ‘‘(b) SINGLE DOCUMENT.—To the maximum extent 

23 practicable, the lead agency shall expeditiously develop a 

24 single document that consists of a final environmental im25 pact statement and a record of decision, unless— 
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1 ‘‘(1) the final environmental impact statement 

2 makes substantial changes to the proposed action that 

3 are relevant to environmental or safety concerns; or 

4 ‘‘(2) there is a significant new circumstance or 

5 information relevant to environmental concerns that 

6 bears on the proposed action or the impacts of the 

7 proposed action. 

8 ‘‘(c) ADOPTION OF DOCUMENTS.— 

9 ‘‘(1) AVOIDING DUPLICATION.—To prevent dupli10 cation of analyses and support expeditious and effi11 cient decisions, the operating administrations of the 

12 Department of Transportation shall use adoption and 

13 incorporation by reference in accordance with this 

14 paragraph. 

15 ‘‘(2) ADOPTION OF DOCUMENTS OF OTHER OPER16 ATING ADMINISTRATIONS.—An operating administra17 tion or a secretarial office within the Department of 

18 Transportation may adopt a draft environmental im19 pact statement, an environmental assessment, or a 

20 final environmental impact statement of another op21 erating administration for the adopting operating ad22 ministration’s use when preparing an environmental 

23 assessment or final environmental impact statement 

24 for a project without recirculating the document for 

25 public review, if— 
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1 ‘‘(A) the adopting operating administration 

2 certifies that its proposed action is substantially 

3 the same as the project considered in the docu4 ment to be adopted; 

5 ‘‘(B) the other operating administration 

6 concurs with such decision; and 

7 ‘‘(C) such actions are consistent with the re8 quirements of the National Environmental Pol9 icy Act of 1969 (42 U.S.C. 4321 et seq.). 

10 ‘‘(3) INCORPORATION BY REFERENCE.—An oper11 ating administration or secretarial office within the 

12 Department of Transportation may incorporate by 

13 reference all or portions of a draft environmental im14 pact statement, an environmental assessment, or a 

15 final environmental impact statement for the adopt16 ing operating administration’s use when preparing 

17 an environmental assessment or final environmental 

18 impact statement for a project if— 

19 ‘‘(A) the incorporated material is cited in 

20 the environmental assessment or final environ21 mental impact statement and the contents of the 

22 incorporated material is briefly described; 

23 ‘‘(B) the incorporated material is reason24 ably available for inspection by potentially in-
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1 terested persons within the time allowed for re2 view and comment; and 

3 ‘‘(C) the incorporated material does not in4 clude proprietary data that is not available for 

5 review and comment.’’. 

6 (b) CONFORMING AMENDMENT.—The analysis for 

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

8 inserting after the item relating to section 304 the following: 

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

9 SEC. 1317. ALIGNING FEDERAL ENVIRONMENTAL REVIEWS. 

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

11 amended by inserting after section 309 the following: 

12 ‘‘§ 310. Aligning Federal environmental reviews 

13 ‘‘(a) COORDINATED AND CONCURRENT ENVIRON14 MENTAL REVIEWS.—Not later than 1 year after the date 

15 of enactment of this section, the Department of Transpor16 tation, in coordination with the heads of Federal agencies 

17 likely to have substantive review or approval responsibil18 ities under Federal law, shall develop a coordinated and 

19 concurrent environmental review and permitting process 

20 for transportation projects when initiating an environ21 mental impact statement under the National Environ22 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.; in this 

23 section referred to as ‘NEPA’). 

24 ‘‘(b) CONTENTS.—The coordinated and concurrent en25 vironmental review and permitting process shall— 
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1 ‘‘(1) ensure that the Department and agencies of 

2 jurisdiction possess sufficient information early in the 

3 review process to determine a statement of a transpor4 tation project’s purpose and need and range of alter5 natives for analysis that the lead agency and agencies 

6 of jurisdiction will rely on for concurrent environ7 mental reviews and permitting decisions required for 

8 the proposed project; 

9 ‘‘(2) achieve early concurrence or issue resolution 

10 during the NEPA scoping process on the Department 

11 of Transportation’s statement of a project’s purpose 

12 and need, and during development of the environ13 mental impact statement on the range of alternatives 

14 for analysis, that the lead agency and agencies of ju15 risdiction will rely on for concurrent environmental 

16 reviews and permitting decisions required for the pro17 posed project absent circumstances that require recon18 sideration in order to meet an agency of jurisdiction’s 

19 obligations under a statute or Executive order; and 

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

21 an expedited manner if circumstances arise that re22 quire a reconsideration of the purpose and need or 

23 range of alternatives considered during any Federal 

24 agency’s environmental or permitting review in order 
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1 to meet an agency of jurisdiction’s obligations under 

2 a statute or Executive order. 

3 ‘‘(c) ENVIRONMENTAL CHECKLIST.— 

4 ‘‘(1) IN GENERAL.—Not later than 90 days after 

5 the date of enactment of this section, the Secretary of 

6 Transportation and Federal agencies of jurisdiction 

7 likely to have substantive review or approval respon8 sibilities on transportation projects shall jointly de9 velop a checklist to help project sponsors identify po10 tential natural, cultural, and historic resources in the 

11 area of a proposed project. 

12 ‘‘(2) PURPOSE.—The purpose of the checklist 

13 shall be to— 

14 ‘‘(A) identify agencies of jurisdiction and 

15 cooperating agencies; 

16 ‘‘(B) develop the information needed for the 

17 purpose and need and alternatives for analysis; 

18 and 

19 ‘‘(C) improve interagency collaboration to 

20 help expedite the permitting process for the lead 

21 agency and agencies of jurisdiction. 

22 ‘‘(d) INTERAGENCY COLLABORATION.— 

23 ‘‘(1) IN GENERAL.—Consistent with Federal en24 vironmental statutes, the Secretary shall facilitate an25 nual interagency collaboration sessions at the appro-
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1 priate jurisdictional level to coordinate business plans 

2 and facilitate coordination of workload planning and 

3 workforce management. 

4 ‘‘(2) PURPOSE OF COLLABORATION SESSIONS.— 

5 The interagency collaboration sessions shall ensure 

6 that agency staff is— 

7 ‘‘(A) fully engaged; 

8 ‘‘(B) utilizing the flexibility of existing reg9 ulations, policies, and guidance; and 

10 ‘‘(C) identifying additional actions to fa11 cilitate high quality, efficient, and targeted envi12 ronmental reviews and permitting decisions. 

13 ‘‘(3) FOCUS OF COLLABORATION SESSIONS.—The 

14 interagency collaboration sessions, and the inter15 agency collaborations generated by the sessions, shall 

16 focus on methods to— 

17 ‘‘(A) work with State and local transpor18 tation entities to improve project planning, 

19 siting, and application quality; and 

20 ‘‘(B) consult and coordinate with relevant 

21 stakeholders and Federal, tribal, State, and local 

22 representatives early in permitting processes. 

23 ‘‘(e) PERFORMANCE MEASUREMENT.—Not later than 

24 1 year after the date of enactment of this section, the Sec25 retary, in coordination with relevant Federal agencies, shall 
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1 establish a program to measure and report on progress to2 wards aligning Federal reviews as outlined in this sec3 tion.’’. 

4 (b) CONFORMING AMENDMENT.—The analysis for 

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

6 inserting after the item relating to section 309 the following: 

‘‘310. Aligning Federal environmental reviews.’’. 

7 Subtitle D—Miscellaneous 

8 SEC. 1401. TOLLING; HOV FACILITIES; INTERSTATE RECON9 STRUCTION AND REHABILITATION. 

10 (a) TOLLING.—Section 129(a) of title 23, United 

11 States Code, is amended— 

12 (1) in paragraph (1)— 

13 (A) in subparagraph (B) by striking ‘‘, 

14 bridge, or tunnel’’ each place it appears; 

15 (B) in subparagraph (C) by striking ‘‘, 

16 bridge, or tunnel’’ each place it appears; 

17 (C) by striking subparagraph (G); 

18 (D) by redesignating subparagraphs (H) 

19 and (I) as subparagraphs (G) and (H); and 

20 (E) in subparagraph (G) as redesignated— 

21 (i) by inserting ‘‘(HOV)’’ after ‘‘high 

22 occupancy vehicle’’; and 

23 (ii) by inserting ‘‘under section 166 of 

24 this title’’ after ‘‘facility’’; 

25 (2) in paragraph (3)(A)— 
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1 (A) by striking ‘‘shall use’’ and inserting 

2 ‘‘shall ensure that’’; and 

3 (B) by inserting ‘‘are used’’ after ‘‘toll facil4 ity’’ the second place it appears; and 

5 (3) by striking paragraph (4) and redesignating 

6 paragraphs (5) through (10) as paragraphs (4) 

7 through (9), respectively. 

8 (b) HOV FACILITIES.—Section 166 of title 23, United 

9 States Code, is amended— 

10 (1) in subsection (a)(1)— 

11 (A) by striking the paragraph heading and 

12 inserting ‘‘AUTHORITY OF PUBLIC AUTHORI13 TIES’’; and 

14 (B) by striking ‘‘State agency’’ and insert15 ing ‘‘public authority’’; 

16 (2) in subsection (b)— 

17 (A) by striking ‘‘State agency’’ each place it 

18 appears and inserting ‘‘public authority’’; 

19 (B) in paragraph (3)— 

20 (i) by striking ‘‘and’’ at the end of sub21 paragraph (A); 

22 (ii) by striking the period at the end of 

23 subparagraph (B) and inserting ‘‘; and’’; 

24 and 
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1 (iii) by inserting at the end the fol2 lowing: 

3 ‘‘(C) provides equal access for all public 

4 transportation vehicles and over-the-road buses.’’; 

5 and 

6 (C) in paragraph (5)— 

7 (i) in subparagraph (A) by striking 

8 ‘‘2017’’ and inserting ‘‘2021’’; and 

9 (ii) in subparagraph (B) by striking 

10 ‘‘2017’’ and inserting ‘‘2021’’; 

11 (3) in subsection (c)— 

12 (A) by amending paragraph (1) to read as 

13 follows: 

14 ‘‘(1) IN GENERAL.—Notwithstanding section 301, 

15 tolls may be charged under paragraphs (4) and (5) 

16 of subsection (b), subject to the requirements of section 

17 129.’’; 

18 (B) by striking paragraph (2) and redesig19 nating paragraph (3) as paragraph (2); and 

20 (C) by inserting after paragraph (2), as re21 designated, the following: 

22 ‘‘(3) EXEMPTION FROM TOLLS.—In levying tolls 

23 on a facility under this section, a public authority 

24 may designate classes of vehicles that are exempt from 

25 the tolls or charge different toll rates for different 
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1 classes of vehicles, if equal rates are charged for all 

2 public transportation vehicles and over-the-road buses, 

3 whether publicly or privately owned.’’; 

4 (4) in subsection (d)— 

5 (A) by striking ‘‘State agency’’ each place it 

6 appears and inserting ‘‘public authority’’; 

7 (B) in paragraph (1)— 

8 (i) by redesignating subparagraphs (D) 

9 and (E) as subparagraphs (E) and (F), re10 spectively; 

11 (ii) by inserting after subparagraph 

12 (C) the following: 

13 ‘‘(D) CONSULTATION OF MPO.—If the facil14 ity is on the Interstate System and located in a 

15 metropolitan planning area established in ac16 cordance with section 134, consulting with the 

17 metropolitan planning organization for the area 

18 concerning the placement and amount of tolls on 

19 the facility.’’; 

20 (iii) in subparagraph (F), as redesig21 nated— 

22 (I) by striking ‘‘State’’ the first 

23 place it appears and inserting ‘‘public 

24 authority’’; and 
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1 (II) by striking ‘‘subparagraph 

2 (D)’’ and inserting ‘‘subparagraph 

3 (E)’’; and 

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

5 ‘‘(G) WAIVER.— 

6 ‘‘(i) IN GENERAL.—Upon the request of 

7 a public authority, the Secretary may 

8 waive the requirements of subparagraph (E) 

9 for a facility, and the corresponding pro10 gram sanctions under subparagraph (F), if 

11 the Secretary determines that— 

12 ‘‘(I) the waiver is in the best in13 terest of the traveling public; and 

14 ‘‘(II) the public authority has 

15 made a good faith effort to improve the 

16 performance of the facility. 

17 ‘‘(ii) CONDITION.—The Secretary may 

18 require, as a condition of issuance of a 

19 waiver under this subparagraph, that a 

20 public authority take additional actions, de21 termined by the Secretary, to improve the 

22 performance of the facility.’’; and 

23 (5) in subsection (f)— 
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1 (A) in paragraph (4)(B)(iii) by striking 

2 ‘‘State agency’’ and inserting ‘‘public authority’’; 

3 and 

4 (B) by striking paragraph (5) and inserting 

5 after paragraph (4) the following: 

6 ‘‘(5) OVER-THE-ROAD BUS.—The term ‘over-the7 road bus’ means a vehicle as defined in section 301(5) 

8 of the Americans with Disabilities Act of 1990 (42 

9 U.S.C. 12181(5)). 

10 ‘‘(6) PUBLIC AUTHORITY.—The term ‘public au11 thority’ as used with respect to a HOV facility, means 

12 a State, interstate compact of States, public entity 

13 designated by a State, or local government having ju14 risdiction over the operation of the facility.’’. 

15 (c) INTERSTATE SYSTEM RECONSTRUCTION AND RE16 HABILITATION PILOT PROGRAM.—Section 1216(b) of the 

17 Transportation Equity Act for the 21st Century (Public 

18 Law 105–178) is amended— 

19 (1) in paragraph (4)— 

20 (A) in subparagraph (D) by striking ‘‘and’’ 

21 at the end; 

22 (B) in subparagraph (E) by striking the pe23 riod and inserting ‘‘; and’’; and 

24 (C) by adding at the end the following: 
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1 ‘‘(F) the State has approved enabling legis2 lation required for the project to proceed.’’; 

3 (2) by redesignating paragraphs (6) through (8) 

4 as paragraphs (8) through (10), respectively; and 

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

7 ‘‘(6) REQUIREMENTS FOR PROJECT COMPLE8 TION.— 

9 ‘‘(A) GENERAL TERM FOR EXPIRATION OF

10 PROVISIONAL APPLICATION.—An application 

11 provisionally approved by the Secretary under 

12 this subsection shall expire 3 years after the date 

13 on which the application was provisionally ap14 proved if the State has not— 

15 ‘‘(i) submitted a complete application 

16 to the Secretary that fully satisfies the eligi17 bility criteria under paragraph (3) and the 

18 selection criteria under paragraph (4); 

19 ‘‘(ii) completed the environmental re20 view and permitting process under the Na21 tional Environmental Policy Act of 1969 

22 (42 U.S.C. 4321 et seq.) for the pilot project; 

23 and 

24 ‘‘(iii) executed a toll agreement with 

25 the Secretary. 
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1 ‘‘(B) EXCEPTIONS TO EXPIRATION.—Not2 withstanding subparagraph (A), the Secretary 

3 may extend the provisional approval for not 

4 more than 1 additional year if the State dem5 onstrates material progress toward implementa6 tion of the project as evidenced by— 

7 ‘‘(i) substantial progress in completing 

8 the environmental review and permitting 

9 process for the pilot project under the Na10 tional Environmental Policy Act of 1969; 

11 ‘‘(ii) funding and financing commit12 ments for the pilot project; 

13 ‘‘(iii) expressions of support for the 

14 pilot project from State and local govern15 ments, community interests, and the public; 

16 and 

17 ‘‘(iv) submission of a facility manage18 ment plan pursuant to paragraph (3)(D). 

19 ‘‘(C) CONDITIONS FOR PREVIOUSLY PROVI20 SIONALLY APPROVED APPLICATIONS.—A State 

21 with a provisionally approved application for a 

22 pilot project as of the date of enactment of the 

23 Surface Transportation Reauthorization and Re24 form Act of 2015 shall have 1 year after such 

25 date of enactment to meet the requirements of 
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1 subparagraph (A) or receive an extension from 

2 the Secretary under subparagraph (B), or the 

3 application will expire. 

4 ‘‘(7) DEFINITION.—In this subsection, the term 

5 ‘provisional approval’ or ‘provisionally approved’ 

6 means the approval by the Secretary of a partial ap7 plication under this subsection, including the reserva8 tion of a slot in the pilot program.’’. 

9 (d) APPROVAL OF APPLICATIONS.—The Secretary may 

10 approve an application submitted under section 1604(c) of 

11 SAFETEA–LU (Public Law 109–59; 119 Stat. 1253) if the 

12 application, or any part of the application, was submitted 

13 before the deadline specified in section 1604(c)(8) of that 

14 Act. 

15 SEC. 1402. PROHIBITION ON THE USE OF FUNDS FOR AUTO16 MATED TRAFFIC ENFORCEMENT. 

17 (a) PROHIBITION.—Except as provided in subsection 

18 (b), for fiscal years 2016 through 2021, funds apportioned 

19 to a State under section 104(b)(3) of title 23, United States 

20 Code, may not be used to purchase, operate, or maintain 

21 an automated traffic enforcement system. 

22 (b) EXCEPTION.—Subsection (a) does not apply to an 

23 automated traffic enforcement system located in a school 

24 zone. 
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1 (c) AUTOMATED TRAFFIC ENFORCEMENT SYSTEM DE2 FINED.—In this section, the term ‘‘automated traffic en3 forcement system’’ means any camera that captures an 

4 image of a vehicle for the purposes of traffic law enforce5 ment. 

6 SEC. 1403. MINIMUM PENALTIES FOR REPEAT OFFENDERS 

7 FOR DRIVING WHILE INTOXICATED OR DRIV8 ING UNDER THE INFLUENCE. 

9 (a) IN GENERAL.—Section 164(a)(4) of title 23, 

10 United States Code, is amended— 

11 (1) in the matter preceding subparagraph (A) by 

12 inserting ‘‘, or a combination of State laws,’’ after ‘‘a 

13 State law’’; and 

14 (2) by striking subparagraph (A) and inserting 

15 the following: 

16 ‘‘(A) receive, for not less than 1 year— 

17 ‘‘(i) a suspension of all driving privi18 leges; 

19 ‘‘(ii) a restriction on driving privileges 

20 that limits the individual to operating only 

21 motor vehicles with an ignition interlock 

22 system installed (allowing for limited excep23 tions for circumstances when the individual 

24 is required to operate an employer’s motor 

25 vehicle in the course and scope of employ-
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1 ment and the business entity that owns the 

2 vehicle is not owned or controlled by the in3 dividual); or 

4 ‘‘(iii) a combination of both clauses (i) 

5 and (ii);’’. 

6 (b) APPLICATION.—The amendments made by this sec7 tion shall apply with respect to fiscal years beginning after 

8 the date of enactment of this Act. 

9 SEC. 1404. HIGHWAY TRUST FUND TRANSPARENCY AND AC10 COUNTABILITY. 

11 (a) IN GENERAL.—Section 104 of title 23, United 

12 States Code, is amended by striking subsection (g) and in13 serting the following: 

14 ‘‘(g) HIGHWAY TRUST FUND TRANSPARENCY AND AC15 COUNTABILITY REPORTS.— 

16 ‘‘(1) COMPILATION OF DATA.—The Secretary 

17 shall compile data in accordance with this subsection 

18 on the use of Federal-aid highway funds made avail19 able under this title. 

20 ‘‘(2) REQUIREMENTS.—The Secretary shall en21 sure that the reports required under this subsection 

22 are made available in a user-friendly manner on the 

23 public Internet Web site of the Department and can 

24 be searched and downloaded by users of the Web site. 

25 ‘‘(3) CONTENTS OF REPORTS.— 
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1 ‘‘(A) APPORTIONED AND ALLOCATED PRO2 GRAMS.—On a semiannual basis, the Secretary 

3 shall make available a report on funding appor4 tioned and allocated to the States under this title 

5 that describes— 

6 ‘‘(i) the amount of funding obligated 

7 by each State, year-to-date, for the current 

8 fiscal year; 

9 ‘‘(ii) the amount of funds remaining 

10 available for obligation by each State; 

11 ‘‘(iii) changes in the obligated, unex12 pended balance for each State, year-to-date, 

13 during the current fiscal year, including the 

14 obligated, unexpended balance at the end of 

15 the preceding fiscal year and current fiscal 

16 year expenditures; 

17 ‘‘(iv) the amount and program cat18 egory of unobligated funding, year-to-date, 

19 available for expenditure at the discretion of 

20 the Secretary; 

21 ‘‘(v) the rates of obligation on and off 

22 the National Highway System, year-to-date, 

23 for the current fiscal year of funds appor24 tioned, allocated, or set aside under this sec25 tion, according to— 
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1 ‘‘(I) program; 

2 ‘‘(II) funding category or sub3 category; 

4 ‘‘(III) type of improvement; 

5 ‘‘(IV) State; and 

6 ‘‘(V) sub-State geographical area, 

7 including urbanized and rural areas, 

8 on the basis of the population of each 

9 such area; and 

10 ‘‘(vi) the amount of funds transferred 

11 by each State, year-to-date, for the current 

12 fiscal year between programs under section 

13 126. 

14 ‘‘(B) PROJECT DATA.—On an annual basis, 

15 the Secretary shall make available a report that, 

16 to the maximum extent possible, provides project17 specific data describing— 

18 ‘‘(i) for all projects funded under this 

19 title (excluding projects for which funds are 

20 transferred to agencies other than the Fed21 eral Highway Administration)— 

22 ‘‘(I) the specific location of the 

23 project; 

24 ‘‘(II) the total cost of the project; 
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1 ‘‘(III) the amount of Federal 

2 funding obligated for the project; 

3 ‘‘(IV) the program or programs 

4 from which Federal funds have been 

5 obligated for the project; 

6 ‘‘(V) the type of improvement 

7 being made; and 

8 ‘‘(VI) the ownership of the high9 way or bridge; and 

10 ‘‘(ii) for any project funded under this 

11 title (excluding projects for which funds are 

12 transferred to agencies other than the Fed13 eral Highway Administration) with an esti14 mated total cost as of the start of construc15 tion in excess of $100,000,000, the data 

16 specified under clause (i) and additional 

17 data describing— 

18 ‘‘(I) whether the project is located 

19 in an area of the State with a popu20 lation of— 

21 ‘‘(aa) less than 5,000 indi22 viduals; 

23 ‘‘(bb) 5,000 or more individ24 uals but less than 50,000 individ25 uals; 
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1 ‘‘(cc) 50,000 or more individ2 uals but less than 200,000 indi3 viduals; or 

4 ‘‘(dd) 200,000 or more indi5 viduals; 

6 ‘‘(II) the estimated cost of the 

7 project as of the start of project con8 struction, or the revised cost estimate 

9 based on a description of revisions to 

10 the scope of work or other factors af11 fecting project cost other than cost 

12 overruns; and 

13 ‘‘(III) the amount of non-Federal 

14 funds obligated for the project.’’. 

15 (b) CONFORMING AMENDMENT.—Section 1503 of 

16 MAP–21 (23 U.S.C. 104 note; Public Law 112–141) is 

17 amended by striking subsection (c). 

18 SEC. 1405. HIGH PRIORITY CORRIDORS ON NATIONAL HIGH19 WAY SYSTEM. 

20 (a) IDENTIFICATION OF HIGH PRIORITY CORRIDORS

21 ON NATIONAL HIGHWAY SYSTEM.—Section 1105(c) of the 

22 Intermodal Surface Transportation Efficiency Act of 1991 

23 is amended— 

24 (1) by striking paragraph (13) and inserting the 

25 following: 
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1 ‘‘(13) Raleigh-Norfolk Corridor from Raleigh, 

2 North Carolina, through Rocky Mount, Williamston, 

3 and Elizabeth City, North Carolina, to Norfolk, Vir4 ginia.’’; 

5 (2) in paragraph (18)(D)— 

6 (A) in clause (ii) by striking ‘‘and’’ at the 

7 end; 

8 (B) in clause (iii) by striking the period at 

9 the end and inserting ‘‘; and’’; and 

10 (C) by adding at the end the following: 

11 ‘‘(iv) include Texas State Highway 44 

12 from United States Route 59 at Freer, 

13 Texas, to Texas State Highway 358.’’; 

14 (3) by striking paragraph (68) and inserting the 

15 following: 

16 ‘‘(68) The Washoe County Corridor and the 

17 Intermountain West Corridor, which shall generally 

18 follow— 

19 ‘‘(A) for the Washoe County Corridor, along 

20 Interstate Route 580/United States Route 95/ 

21 United States Route 95A from Reno, Nevada, to 

22 Las Vegas, Nevada; and 

23 ‘‘(B) for the Intermountain West Corridor, 

24 from the vicinity of Las Vegas, Nevada, north 
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1 along United States Route 95 terminating at 

2 Interstate Route 80.’’; and 

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

4 ‘‘(81) United States Route 117/Interstate Route 

5 795 from United States Route 70 in Goldsboro, 

6 Wayne County, North Carolina, to Interstate Route 

7 40 west of Faison, Sampson County, North Carolina. 

8 ‘‘(82) United States Route 70 from its intersec9 tion with Interstate Route 40 in Garner, Wake Coun10 ty, North Carolina, to the Port at Morehead City, 

11 Carteret County, North Carolina. 

12 ‘‘(83) The Sonoran Corridor along State Route 

13 410 connecting Interstate Route 19 and Interstate 

14 Route 10 south of the Tucson International Airport. 

15 ‘‘(84) The Central Texas Corridor commencing 

16 at the logical terminus of Interstate Route 10, gen17 erally following portions of United States Route 190 

18 eastward, passing in the vicinity Fort Hood, Killeen, 

19 Belton, Temple, Bryan, College Station, Huntsville, 

20 Livingston, and Woodville, to the logical terminus of 

21 Texas Highway 63 at the Sabine River Bridge at 

22 Burrs Crossing. 

23 ‘‘(85) Interstate Route 81 in New York from its 

24 intersection with Interstate Route 86 to the United 

25 States-Canadian border. 
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1 ‘‘(86) Interstate Route 70 from Denver, Colorado, 

2 to Salt Lake City, Utah. 

3 ‘‘(87) The Oregon 99W Newberg-Dundee Bypass 

4 Route between Newberg, Oregon, and Dayton, Oregon. 

5 ‘‘(88) Interstate Route 205 in Oregon from its 

6 intersection with Interstate Route 5 to the Columbia 

7 River.’’. 

8 (b) INCLUSION OF CERTAIN ROUTE SEGMENTS ON

9 INTERSTATE SYSTEM.—Section 1105(e)(5)(A) of the Inter10 modal Surface Transportation Efficiency Act of 1991 is 

11 amended— 

12 (1) by inserting ‘‘subsection (c)(13),’’ after ‘‘sub13 section (c)(9),’’; 

14 (2) by striking ‘‘subsections (c)(18)’’ and all that 

15 follows through ‘‘subsection (c)(36)’’ and inserting 

16 ‘‘subsection (c)(18), subsection (c)(20), subparagraphs 

17 (A) and (B)(i) of subsection (c)(26), subsection 

18 (c)(36)’’; and 

19 (3) by striking ‘‘and subsection (c)(57)’’ and in20 serting ‘‘subsection (c)(57), subsection (c)(68)(B), sub21 section (c)(81), subsection (c)(82), and subsection 

22 (c)(83)’’. 

23 (c) DESIGNATION.—Section 1105(e)(5)(C)(i) of the 

24 Intermodal Surface Transportation Efficiency Act of 1991 

25 is amended by striking the final sentence and inserting the 
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1 following: ‘‘The routes referred to in subparagraphs (A) and 

2 (B)(i) of subsection (c)(26) and in subsection (c)(68)(B) are 

3 designated as Interstate Route I–11. The route referred to 

4 in subsection (c)(84) is designated as Interstate Route I– 

5 14.’’. 

6 (d) FUTURE INTERSTATE DESIGNATION.—Section 

7 119(a) of the SAFETEA–LU Technical Corrections Act of 

8 2008 is amended by striking ‘‘and, as a future Interstate 

9 Route 66 Spur, the Natcher Parkway in Owensboro, Ken10 tucky’’ and inserting ‘‘between Henderson, Kentucky, and 

11 Owensboro, Kentucky, and, as a future Interstate Route 65 

12 and 66 Spur, the William H. Natcher Parkway between 

13 Bowling Green, Kentucky, and Owensboro, Kentucky’’. 

14 SEC. 1406. FLEXIBILITY FOR PROJECTS. 

15 (a) AUTHORITY.—With respect to projects eligible for 

16 funding under title 23, United States Code, subject to sub17 section (b) and on request by a State, the Secretary may— 

18 (1) exercise all existing flexibilities under and 

19 exceptions to— 

20 (A) the requirements of title 23, United 

21 States Code; and 

22 (B) other requirements administered by the 

23 Secretary, in whole or part; and 
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1 (2) otherwise provide additional flexibility or ex2 pedited processing with respect to the requirements 

3 described in paragraph (1). 

4 (b) MAINTAINING PROTECTIONS.—Nothing in this sec5 tion— 

6 (1) waives the requirements of section 113 or 138 

7 of title 23, United States Code; 

8 (2) supersedes, amends, or modifies— 

9 (A) the National Environmental Policy Act 

10 of 1969 (42 U.S.C. 4321 et seq.) or any other 

11 Federal environmental law; or 

12 (B) any requirement of title 23 or title 49, 

13 United States Code; or 

14 (3) affects the responsibility of any Federal offi15 cer to comply with or enforce any law or requirement 

16 described in this subsection. 

17 SEC. 1407. PRODUCTIVE AND TIMELY EXPENDITURE OF 

18 FUNDS. 

19 (a) IN GENERAL.—Not later than 1 year after the date 

20 of enactment of this Act, the Secretary shall develop guid21 ance that encourages the use of programmatic approaches 

22 to project delivery, expedited and prudent procurement 

23 techniques, and other best practices to facilitate productive, 

24 effective, and timely expenditure of funds for projects eligi25 ble for funding under title 23, United States Code. 
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1 (b) IMPLEMENTATION.—The Secretary shall work with 

2 States to ensure that any guidance developed under sub3 section (a) is consistently implemented by States and the 

4 Federal Highway Administration to— 

5 (1) avoid unnecessary delays in completing 

6 projects; 

7 (2) minimize cost overruns; and 

8 (3) ensure the effective use of Federal funding. 

9 SEC. 1408. CONSOLIDATION OF PROGRAMS. 

10 Section 1519(a) of MAP–21 (126 Stat. 574) is amend11 ed by striking ‘‘From administrative funds’’ and all that 

12 follows through ‘‘shall be made available’’ and inserting 

13 ‘‘For each of fiscal years 2016 through 2021, before making 

14 an apportionment under section 104(b)(3) of title 23, 

15 United States Code, the Secretary shall set aside, from 

16 amounts made available to carry out the highway safety 

17 improvement program under section 148 of such title for 

18 the fiscal year, $3,500,000’’. 

19 SEC. 1409. FEDERAL SHARE PAYABLE. 

20 (a) INNOVATIVE PROJECT DELIVERY METHODS.—Sec21 tion 120(c)(3)(A)(ii) of title 23, United States Code, is 

22 amended by inserting ‘‘engineering or design approaches,’’ 

23 after ‘‘technologies,’’. 

24 (b) EMERGENCY RELIEF.—Section 120(e)(2) of title 

25 23, United States Code, is amended by striking ‘‘Federal 
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1 land access transportation facilities,’’ and inserting ‘‘other 

2 federally owned roads that are open to public travel,’’. 

3 SEC. 1410. ELIMINATION OR MODIFICATION OF CERTAIN 

4 REPORTING REQUIREMENTS. 

5 (a) FUNDAMENTAL PROPERTIES OF ASPHALTS RE6 PORT.—Section 6016(e) of the Intermodal Surface Trans7 portation Efficiency Act of 1991 (105 Stat. 2183) is re8 pealed. 

9 (b) EXPRESS LANES DEMONSTRATION PROGRAM RE10 PORTS.—Section 1604(b)(7)(B) of SAFETEA–LU (23 

11 U.S.C. 129 note) is repealed. 

12 SEC. 1411. TECHNICAL CORRECTIONS. 

13 (a) TITLE 23.—Title 23, United States Code, is 

14 amended as follows: 

15 (1) Section 150(c)(3)(B) is amended by striking 

16 the semicolon at the end and inserting a period. 

17 (2) Section 154(c) is amended— 

18 (A) in paragraph (3)(A) by striking ‘‘trans19 ferred’’ and inserting ‘‘reserved’’; and 

20 (B) in paragraph (5)— 

21 (i) in the matter preceding subpara22 graph (A) by inserting ‘‘or released’’ after 

23 ‘‘transferred’’; and 
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1 (ii) in subparagraph (A) by striking 

2 ‘‘under section 104(b)(l)’’ and inserting 

3 ‘‘under section 104(b)(1)’’. 

4 (3) Section 164(b) is amended— 

5 (A) in paragraph (3)(A) by striking ‘‘trans6 ferred’’ and inserting ‘‘reserved’’; and 

7 (B) in paragraph (5) by inserting ‘‘or re8 leased’’ after ‘‘transferred’’. 

9 (b) MAP–21.—Effective as of July 6, 2012, and as if 

10 included therein as enacted, MAP–21 (Public Law 112– 

11 141) is amended as follows: 

12 (1) Section 1109(a)(2) (126 Stat. 444) is amend13 ed by striking ‘‘fourth’’ and inserting ‘‘fifth’’. 

14 (2) Section 1203 (126 Stat. 524) is amended— 

15 (A) in subsection (a) by striking ‘‘Section 

16 150 of title 23, United States Code, is amended 

17 to read as follows’’ and inserting ‘‘Title 23, 

18 United States Code, is amended by inserting 

19 after section 149 the following’’; and 

20 (B) in subsection (b) by striking ‘‘by strik21 ing the item relating to section 150 and insert22 ing’’ and inserting ‘‘by inserting after the item 

23 relating to section 149’’. 

24 (3) Section 1313(a)(1) (126 Stat. 545) is amend25 ed to read as follows: 
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1 ‘‘(1) in the section heading by striking ‘pilot’; 

2 and’’. 

3 (4) Section 1314(b) (126 Stat. 549) is amend4 ed— 

5 (A) by inserting ‘‘chapter 3 of’’ after ‘‘anal6 ysis for’’; and 

7 (B) by inserting a period at the end of the 

8 matter proposed to be inserted. 

9 (5) Section 1519(c) (126 Stat. 575) is amend10 ed— 

11 (A) by striking paragraph (3); 

12 (B) by redesignating paragraphs (4) 

13 through (12) as paragraphs (3) through (11), re14 spectively; 

15 (C) in paragraph (7), as redesignated by 

16 subparagraph (B) of this paragraph— 

17 (i) by striking the period at the end of 

18 the matter proposed to be struck; and 

19 (ii) by adding a period at the end; and 

20 (D) in paragraph (8)(A)(i)(I), as redesig21 nated by subparagraph (B) of this paragraph, by 

22 striking ‘‘than rail’’ in the matter proposed to be 

23 struck and inserting ‘‘than on rail’’. 

24 (6) Section 1528 is amended— 
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1 (A) in subsection (b) by inserting ‘‘(or a 

2 lower percentage if so requested by a State with 

3 respect to a project)’’ after ‘‘100 percent’’; and 

4 (B) in subsection (c) by inserting ‘‘(or a 

5 lower percentage if so requested by a State with 

6 respect to a project)’’ after ‘‘100 percent’’. 

7 SEC. 1412. SAFETY FOR USERS. 

8 (a) IN GENERAL.—The Secretary shall encourage each 

9 State and metropolitan planning organization to adopt 

10 standards for the design of Federal surface transportation 

11 projects that provide for the safe and adequate accommoda12 tion (as determined by the State) in all phases of project 

13 planning, development, and operation, of all users of the 

14 surface transportation network, including motorized and 

15 nonmotorized users. 

16 (b) REPORT.—Not later than 2 years after the date 

17 of enactment of this section, the Secretary shall make avail18 able to the public a report cataloging examples of State law 

19 or State transportation policy that provides for the safe and 

20 adequate accommodation, in all phases of project planning, 

21 development, and operation of all users of the surface trans22 portation network. 

23 (c) BEST PRACTICES.—Based on the report required 

24 under subsection (b), the Secretary shall identify and dis25 seminate examples of best practices where States have 
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1 adopted measures that have successfully provided for the 

2 safe and adequate accommodation of all users of the trans3 portation network in all phases of project development and 

4 operation. 

5 SEC. 1413. DESIGN STANDARDS. 

6 (a) IN GENERAL.—Section 109 of title 23, United 

7 States Code, is amended— 

8 (1) in subsection (c)— 

9 (A) in paragraph (1)— 

10 (i) by striking ‘‘may take into ac11 count’’ and inserting ‘‘shall consider’’; 

12 (ii) in subparagraph (B) by striking 

13 ‘‘and’’ at the end; 

14 (iii) by redesignating subparagraph 

15 (C) as subparagraph (D); and 

16 (iv) by inserting after subparagraph 

17 (B) the following: 

18 ‘‘(C) cost savings by utilizing flexibility 

19 that exists in current design guidance and regu20 lations; and’’; and 

21 (B) in paragraph (2)— 

22 (i) in subparagraph (C) by striking 

23 ‘‘and’’ at the end; 

24 (ii) by redesignating subparagraph (D) 

25 as subparagraph (F); and 
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1 (iii) by inserting after subparagraph 

2 (C) the following: 

3 ‘‘(D) the publication entitled ‘Highway 

4 Safety Manual’ of the American Association of 

5 State Highway and Transportation Officials; 

6 ‘‘(E) the publication entitled ‘Urban Street 

7 Design Guide’ of the National Association of 

8 City Transportation Officials; and’’; and 

9 (2) in subsection (f) by inserting ‘‘pedestrian 

10 walkways,’’ after ‘‘bikeways,’’. 

11 (b) DESIGN STANDARD FLEXIBILITY.—Notwith12 standing section 109(o) of title 23, United States Code, a 

13 State may allow a local jurisdiction to use a roadway de14 sign publication that is different from the roadway design 

15 publication used by the State in which the local jurisdiction 

16 is located for the design of a project on a roadway under 

17 the ownership of the local jurisdiction (other than a high18 way on the Interstate System) if— 

19 (1) the local jurisdiction is a direct recipient of 

20 Federal funds for the project; 

21 (2) the roadway design publication— 

22 (A) is recognized by the Federal Highway 

23 Administration; and 

24 (B) is adopted by the local jurisdiction; and 
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1 (3) the design complies with all other applicable 

2 Federal laws. 

3 SEC. 1414. RESERVE FUND. 

4 (a) LIMITATION.— 

5 (1) IN GENERAL.—Notwithstanding funding, au6 thorizations of appropriations, and contract authority 

7 described in sections 1101, 1102, 3017, 4001, 5101, 

8 and 6002 of this Act, including the amendments made 

9 by such sections, sections 125 and 147 of title 23, 

10 United States Code, and section 5338(a) of title 49, 

11 United States Code, no funding, authorization of ap12 propriations, and contract authority described in 

13 those sections for fiscal years 2019 through 2021 shall 

14 exist unless and only to the extent that a subsequent 

15 Act of Congress causes additional monies to be depos16 ited in the Highway Trust Fund. 

17 (2) ADMINISTRATIVE EXPENSES.—The limitation 

18 on funds provided in paragraph (1) shall not apply 

19 to— 

20 (A) administrative expenses of the Federal 

21 Highway Administration under sections 104(a) 

22 and 608(a)(6) of title 23, United States Code; 

23 (B) administrative expenses of the National 

24 Highway Traffic Safety Administration under 

25 section 4001(a)(6) of this Act; 
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1 (C) administrative expenses of the Federal 

2 Motor Carrier Safety Administration under sec3 tion 5103 of this Act; and 

4 (D) administrative expenses of the Federal 

5 Transit Administration under section 5338(h) of 

6 title 49, United States Code. 

7 (b) ADJUSTMENTS TO CONTRACT AUTHORITY.— 

8 (1) IN GENERAL.—Chapter 1 of title 23, United 

9 States Code, is amended by inserting after section 104 

10 the following: 

11 ‘‘§ 105. Adjustments to contract authority 

12 ‘‘(a) CALCULATION.— 

13 ‘‘(1) IN GENERAL.—The President shall include 

14 in each of the fiscal year 2017 through 2021 budget 

15 submissions to Congress under section 1105(a) of title 

16 31, for each of the Highway Account and the Mass 

17 Transit Account, a calculation of the difference be18 tween— 

19 ‘‘(A) the actual level of monies deposited in 

20 that account for the most recently completed fis21 cal year; and 

22 ‘‘(B) the estimated level of receipts for that 

23 account for the most recently completed fiscal 

24 year, as specified in paragraph (2). 
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1 ‘‘(2) ESTIMATE.—The estimated level of receipts 

2 specified in this paragraph are— 

3 ‘‘(A) for the Highway Account— 

4 ‘‘(i) for fiscal year 2015, 

5 $35,740,259,248; 

6 ‘‘(ii) for fiscal year 2016, 

7 $35,498,000,000; 

8 ‘‘(iii) for fiscal year 2017, 

9 $35,879,000,000; 

10 ‘‘(iv) for fiscal year 2018, 

11 $36,084,000,000; and 

12 ‘‘(v) for fiscal year 2019, 

13 $36,117,000,000; and 

14 ‘‘(B) for the Mass Transit Account— 

15 ‘‘(i) for fiscal year 2015, 

16 $5,048,527,972; 

17 ‘‘(ii) for fiscal year 2016, 

18 $5,020,000,000; 

19 ‘‘(iii) for fiscal year 2017, 

20 $5,024,000,000; 

21 ‘‘(iv) for fiscal year 2018, 

22 $5,011,000,000; and 

23 ‘‘(v) for fiscal year 2019, 

24 $4,981,000,000. 
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1 ‘‘(3) TECHNICAL CORRECTION.—For purposes of 

2 paragraph (1)(A), the term ‘actual level of monies de3 posited in that account’ shall not include funding of 

4 the Highway Trust Fund provided by section 2002 of 

5 Public Law 114–41. 

6 ‘‘(b) ADJUSTMENTS TO CONTRACT AUTHORITY.— 

7 ‘‘(1) ADDITIONAL AMOUNTS.—If the difference 

8 determined in a budget submission under subsection 

9 (a) for a fiscal year for the Highway Account or the 

10 Mass Transit Account is greater than zero, the Sec11 retary shall on October 1 of the budget year of that 

12 submission— 

13 ‘‘(A) make available for programs author14 ized from such account for the budget year a 

15 total amount equal to— 

16 ‘‘(i) the amount otherwise authorized 

17 to be appropriated for such programs for 

18 such budget year; plus 

19 ‘‘(ii) an amount equal to such dif20 ference; and 

21 ‘‘(B) distribute the additional amount 

22 under subparagraph (A)(ii) to each of such pro23 grams in accordance with subsection (c). 

24 ‘‘(2) REDUCTION.—If the difference determined 

25 in a budget submission under subsection (a) for a fis-
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1 cal year for the Highway Account or the Mass Tran2 sit Account is less than zero, the Secretary shall on 

3 October 1 of the budget year of that submission— 

4 ‘‘(A) make available for programs author5 ized from such account for the budget year a 

6 total amount equal to— 

7 ‘‘(i) the amount otherwise authorized 

8 to be appropriated for such programs for 

9 such budget year; minus 

10 ‘‘(ii) an amount equal to such dif11 ference; and 

12 ‘‘(B) apply the total adjustment under sub13 paragraph (A)(ii) to each of such programs in 

14 accordance with subsection (c). 

15 ‘‘(c) DISTRIBUTION OF ADJUSTMENT AMONG PRO16 GRAMS.— 

17 ‘‘(1) IN GENERAL.—In making an adjustment 

18 for the Highway Account or the Mass Transit Ac19 count for a budget year under subsection (b), the Sec20 retary shall— 

21 ‘‘(A) determine the ratio that— 

22 ‘‘(i) the amount authorized to be ap23 propriated for a program from the account 

24 for the budget year; bears to 
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1 ‘‘(ii) the total amount authorized to be 

2 appropriated for such budget year for all 

3 programs under such account; 

4 ‘‘(B) multiply the ratio determined under 

5 subparagraph (A) by the applicable difference 

6 calculated under subsection (a); and 

7 ‘‘(C) adjust the amount that the Secretary 

8 would otherwise have allocated for the program 

9 for such budget year by the amount calculated 

10 under subparagraph (B). 

11 ‘‘(2) FORMULA PROGRAMS.—For a program for 

12 which funds are distributed by formula, the Secretary 

13 shall add or subtract the adjustment to the amount 

14 authorized for the program but for this section and 

15 make available the adjusted program amount for such 

16 program in accordance with such formula. 

17 ‘‘(3) AVAILABILITY FOR OBLIGATION.—Adjusted 

18 amounts under this subsection shall be available for 

19 obligation and administered in the same manner as 

20 other amounts made available for the program for 

21 which the amount is adjusted. 

22 ‘‘(d) EXCLUSION OF EMERGENCY RELIEF PROGRAM

23 AND COVERED ADMINISTRATIVE EXPENSES.—The Sec24 retary shall exclude the emergency relief program under sec25 tion 125 and covered administrative expenses from— 
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1 ‘‘(1) an adjustment of funding under subsection 

2 (c)(1); and 

3 ‘‘(2) any calculation under subsection (b) or (c) 

4 related to such an adjustment. 

5 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is 

6 authorized to be appropriated from the appropriate account 

7 or accounts of the Highway Trust Fund an amount equal 

8 to the amounts calculated under subsection (a) for each of 

9 fiscal years 2017 through 2021. 

10 ‘‘(f) REVISION TO OBLIGATION LIMITATIONS.— 

11 ‘‘(1) IN GENERAL.—If the Secretary makes an 

12 adjustment under subsection (b) for a fiscal year to 

13 an amount subject to a limitation on obligations im14 posed by section 1102 or 3017 of the Surface Trans15 portation Reauthorization and Reform Act of 2015— 

16 ‘‘(A) such limitation on obligations for such 

17 fiscal year shall be revised by an amount equal 

18 to such adjustment; and 

19 ‘‘(B) the Secretary shall distribute such lim20 itation on obligations, as revised under subpara21 graph (A), in accordance with such sections. 

22 ‘‘(2) EXCLUSION OF COVERED ADMINISTRATIVE

23 EXPENSES.—The Secretary shall exclude covered ad24 ministrative expenses from— 
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1 ‘‘(A) any calculation relating to a revision 

2 of a limitation on obligations under paragraph 

3 (1)(A); and 

4 ‘‘(B) any distribution of a revised limita5 tion on obligations under paragraph (1)(B). 

6 ‘‘(g) DEFINITIONS.—In this section, the following defi7 nitions apply: 

8 ‘‘(1) BUDGET YEAR.—The term ‘budget year’ 

9 means the fiscal year for which a budget submission 

10 referenced in subsection (a)(1) is submitted. 

11 ‘‘(2) COVERED ADMINISTRATIVE EXPENSES.—The 

12 term ‘covered administrative expenses’ means the ad13 ministrative expenses of— 

14 ‘‘(A) the Federal Highway Administration, 

15 as authorized under section 104(a); 

16 ‘‘(B) the National Highway Traffic Safety 

17 Administration, as authorized under section 

18 4001(a)(6) of the Surface Transportation Reau19 thorization and Reform Act of 2015; and 

20 ‘‘(C) the Federal Motor Carrier Safety Ad21 ministration, as authorized under section 31110 

22 of title 49. 

23 ‘‘(3) HIGHWAY ACCOUNT.—The term ‘Highway 

24 Account’ means the portion of the Highway Trust 

25 Fund that is not the Mass Transit Account. 
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1 ‘‘(4) MASS TRANSIT ACCOUNT.—The term ‘Mass 

2 Transit Account’ means the Mass Transit Account of 

3 the Highway Trust Fund established under section 

4 9503(e)(1) of the Internal Revenue Code of 1986.’’. 

5 (2) CLERICAL AMENDMENT.—The analysis for 

6 chapter 1 of title 23, United States Code, is amended 

7 by inserting after the item relating to section 104 the 

8 following: 

‘‘105. Adjustments to contract authority.’’. 

9 SEC. 1415. ADJUSTMENTS. 

10 (a) IN GENERAL.—On July 1, 2018, of the unobligated 

11 balances of funds apportioned among the States under 

12 chapter 1 of title 23, United States Code, a total of 

13 $6,000,000,000 is permanently rescinded. 

14 (b) EXCLUSIONS FROM RESCISSION.—The rescission 

15 under subsection (a) shall not apply to funds distributed 

16 in accordance with— 

17 (1) sections 104(b)(3) and 130(f) of title 23, 

18 United States Code; 

19 (2) sections 133(d)(1)(A) of such title; 

20 (3) the first sentence of section 133(d)(3)(A) of 

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

22 enactment of MAP–21 (Public Law 112–141); 

23 (4) sections 133(d)(1) and 163 of such title, as 

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

25 SAFETEA–LU (Public Law 109–59); and 
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1 (5) section 104(b)(5) of such title, as in effect on 

2 the day before the date of enactment of MAP–21 (Pub3 lic Law 112–141). 

4 (c) DISTRIBUTION AMONG STATES.—The amount to be 

5 rescinded under this section from a State shall be deter6 mined by multiplying the total amount of the rescission in 

7 subsection (a) by the ratio that— 

8 (1) the unobligated balances subject to the rescis9 sion as of September 30, 2017, for the State; bears to 

10 (2) the unobligated balances subject to the rescis11 sion as of September 30, 2017, for all States. 

12 (d) DISTRIBUTION WITHIN EACH STATE.—The 

13 amount to be rescinded under this section from each pro14 gram to which the rescission applies within a State shall 

15 be determined by multiplying the required rescission 

16 amount calculated under subsection (c) for such State by 

17 the ratio that— 

18 (1) the unobligated balance as of September 30, 

19 2017, for such program in such State; bears to 

20 (2) the unobligated balances as of September 30, 

21 2017, for all programs to which the rescission applies 

22 in such State. 
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1 SEC. 1416. NATIONAL ELECTRIC VEHICLE CHARGING, HY2 DROGEN, PROPANE, AND NATURAL GAS FUEL3 ING CORRIDORS. 

4 (a) IN GENERAL.—Chapter 1 of title 23, United States 

5 Code, is amended by inserting after section 150 the fol6 lowing: 

7 ‘‘§ 151. National electric vehicle charging, hydrogen, 

8 propane, and natural gas fueling cor9 ridors 

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

11 date of enactment of the Surface Transportation Reauthor12 ization and Reform Act of 2015, the Secretary shall des13 ignate national electric vehicle charging, hydrogen, pro14 pane, and natural gas fueling corridors that identify the 

15 near- and long-term need for, and location of, electric vehi16 cle charging infrastructure, hydrogen infrastructure, pro17 pane fueling infrastructure, and natural gas fueling infra18 structure at strategic locations along major national high19 ways to improve the mobility of passenger and commercial 

20 vehicles that employ electric, hydrogen fuel cell, propane, 

21 and natural gas fueling technologies across the United 

22 States. 

23 ‘‘(b) DESIGNATION OF CORRIDORS.—In designating 

24 the corridors under subsection (a), the Secretary shall— 

25 ‘‘(1) solicit nominations from State and local of26 ficials for facilities to be included in the corridors; 
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1 ‘‘(2) incorporate existing electric vehicle charging 

2 stations, hydrogen fueling stations, propane fueling 

3 stations, and natural gas fueling corridors designated 

4 by a State or group of States; and 

5 ‘‘(3) consider the demand for, and location of, 

6 existing electric vehicle charging stations, hydrogen 

7 fueling stations, propane fueling stations, and nat8 ural gas fueling infrastructure. 

9 ‘‘(c) STAKEHOLDERS.—In designating corridors under 

10 subsection (a), the Secretary shall involve, on a voluntary 

11 basis, stakeholders that include— 

12 ‘‘(1) the heads of other Federal agencies; 

13 ‘‘(2) State and local officials; 

14 ‘‘(3) representatives of— 

15 ‘‘(A) energy utilities; 

16 ‘‘(B) the electric, fuel cell electric, propane, 

17 and natural gas vehicle industries; 

18 ‘‘(C) the freight and shipping industry; 

19 ‘‘(D) clean technology firms; 

20 ‘‘(E) the hospitality industry; 

21 ‘‘(F) the restaurant industry; 

22 ‘‘(G) highway rest stop vendors; and 

23 ‘‘(H) industrial gas and hydrogen manufac24 turers; and 
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1 ‘‘(4) such other stakeholders as the Secretary de2 termines to be necessary. 

3 ‘‘(d) REDESIGNATION.—Not later than 5 years after 

4 the date of establishment of the corridors under subsection 

5 (a), and every 5 years thereafter, the Secretary shall update 

6 and redesignate the corridors. 

7 ‘‘(e) REPORT.—During designation and redesignation 

8 of the corridors under this section, the Secretary shall issue 

9 a report that— 

10 ‘‘(1) identifies electric vehicle charging infra11 structure, hydrogen infrastructure, propane fueling 

12 infrastructure, and natural gas fueling infrastructure 

13 and standardization needs for electricity providers, 

14 industrial gas providers, natural gas providers, infra15 structure providers, vehicle manufacturers, electricity 

16 purchasers, and natural gas purchasers; and 

17 ‘‘(2) establishes an aspirational goal of achieving 

18 strategic deployment of electric vehicle charging infra19 structure, hydrogen infrastructure, propane fueling 

20 infrastructure, and natural gas fueling infrastructure 

21 in those corridors by the end of fiscal year 2021.’’. 

22 (b) CONFORMING AMENDMENT.—The analysis for 

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

24 inserting after the item relating to section 150 the following: 

‘‘151. National electric vehicle charging, hydrogen, propane, and natural gas fueling corridors.’’. 
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1 (c) OPERATION OF BATTERY RECHARGING STATIONS

2 IN PARKING AREAS USED BY FEDERAL EMPLOYEES.— 

3 (1) AUTHORIZATION.— 

4 (A) IN GENERAL.—The Administrator of 

5 General Services may install, construct, operate, 

6 and maintain on a reimbursable basis a battery 

7 recharging station in a parking area that is in 

8 the custody, control, or administrative jurisdic9 tion of the General Services Administration for 

10 the use of only privately owned vehicles of em11 ployees of the General Services Administration, 

12 tenant Federal agencies, and others who are au13 thorized to park in such area to the extent such 

14 use by only privately owned vehicles does not 

15 interfere with or impede access to the equipment 

16 by Federal fleet vehicles. 

17 (B) DELEGATION.—The Administrator of 

18 General Services may install, construct, operate, 

19 and maintain on a reimbursable basis a battery 

20 recharging station in a parking area that is in 

21 the custody, control, or administrative jurisdic22 tion of another Federal agency, at the request of 

23 such agency, or delegate such authority to an24 other Federal agency to the extent such use by 

25 only privately owned vehicles does not interfere 
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1 with or impede access to the equipment by Fed2 eral fleet vehicles. 

3 (C) USE OF VENDORS.—The Administrator 

4 of General Services, with respect to subpara5 graphs (A) and (B), or the head of a Federal 

6 agency delegated authority, with respect to sub7 paragraph (B), may carry such subparagraph 

8 through a contract with a vendor, under such 

9 terms and conditions (including terms relating 

10 to the allocation between the Federal agency and 

11 the vendor of the costs of carrying out the con12 tract) as the Administrator or the head of the 

13 Federal agency, as the case may be, and the ven14 dor may agree to. 

15 (2) IMPOSITION OF FEES TO COVER COSTS.— 

16 (A) FEES.—The Administrator of General 

17 Services or the head of the Federal agency dele18 gated authority under paragraph (1)(B) shall 

19 charge fees to the individuals who use the battery 

20 recharging station in such amount as is nec21 essary to ensure that the respective agency recov22 ers all of the costs such agency incurs in install23 ing, constructing, operating, and maintaining 

24 the station. 
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1 (B) DEPOSIT AND AVAILABILITY OF FEES.— 

2 Any fees collected by the Administrator of Gen3 eral Services or the Federal agency, as the case 

4 may be, under this paragraph shall be— 

5 (i) deposited monthly in the Treasury 

6 to the credit of the respective agency’s ap7 propriations account for the operations of 

8 the building where the battery recharging 

9 station is located; and 

10 (ii) available for obligation without 

11 further appropriation during— 

12 (I) the fiscal year collected; and 

13 (II) the fiscal year following the 

14 fiscal year collected. 

15 (3) NO EFFECT ON EXISTING PROGRAMS FOR

16 HOUSE AND SENATE.—Nothing in this subsection may 

17 be construed to affect the installation, construction, 

18 operation, or maintenance of battery recharging sta19 tions by the Architect of the Capitol— 

20 (A) under Public Law 112–170 (2 U.S.C. 

21 2171), relating to employees of the House of Rep22 resentatives and individuals authorized to park 

23 in any parking area under the jurisdiction of the 

24 House of Representatives on the Capitol 

25 Grounds; or 
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1 (B) under Public Law 112–167 (2 U.S.C. 

2 2170), relating to employees of the Senate and 

3 individuals authorized to park in any parking 

4 area under the jurisdiction of the Senate on the 

5 Capitol Grounds. 

6 (4) NO EFFECT ON SIMILAR AUTHORITIES.— 

7 Nothing in this subsection may be construed as re8 pealing or limiting any existing authorities of a Fed9 eral agency to install, construct, operate, or maintain 

10 battery recharging stations. 

11 (5) ANNUAL REPORT TO CONGRESS.—Not later 

12 than 2 years after the date of enactment of this Act, 

13 and annually thereafter for 10 years, the Adminis14 trator of General Services shall submit to the House 

15 Committee on Transportation and Infrastructure and 

16 the Senate Committee on Environment and Public 

17 Works a report describing— 

18 (A) the number of battery recharging sta19 tions installed by the Administrator on its own 

20 initiative under this subsection; 

21 (B) requests from other Federal agencies to 

22 install battery recharging stations; 

23 (C) delegations of authority to other Federal 

24 agencies under this subsection; and 
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•HR 22 EAH 

1 (D) the status and disposition of requests 

2 from other Federal agencies. 

3 (6) FEDERAL AGENCY DEFINED.—In this sub4 section, the term ‘‘Federal agency’’ has the meaning 

5 given that term in section 102 of title 40, United 

6 States Code. 

7 (7) EFFECTIVE DATE.—This subsection shall 

8 apply with respect to fiscal year 2016 and each suc9 ceeding fiscal year. 

10 SEC. 1417. FERRIES. 

11 Section 147 of title 23, United States Code, is amended 

12 by adding at the end the following: 

13 ‘‘(h) REDISTRIBUTION OF UNOBLIGATED AMOUNTS.— 

14 The Secretary shall— 

15 ‘‘(1) withdraw amounts allocated to eligible enti16 ties under this section that remain unobligated by the 

17 end of the third fiscal year following the fiscal year 

18 for which the amounts were allocated; and 

19 ‘‘(2) in the fiscal year beginning after a fiscal 

20 year in which a withdrawal is made under para21 graph (1), redistribute the funds withdrawn, in ac22 cordance with the formula specified under subsection 

23 (d), among eligible entities with respect to which no 

24 amounts were withdrawn under paragraph (1).’’. 
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1 SEC. 1418. STUDY ON PERFORMANCE OF BRIDGES. 

2 (a) IN GENERAL.—Subject to subsection (c), the Ad3 ministrator of the Federal Highway Administration shall 

4 commission the Transportation Research Board of the Na5 tional Academy of Sciences to conduct a study on the per6 formance of bridges that are at least 15 years old and re7 ceived funding under the innovative bridge research and 

8 construction program (in this section referred to as the 

9 ‘‘program’’) under section 503(b) of title 23, United States 

10 Code (as in effect on the day before the date of enactment 

11 of SAFETEA–LU (Public Law 109–59) in meeting the 

12 goals of that program, which included— 

13 (1) the development of new, cost-effective innova14 tive material highway bridge applications; 

15 (2) the reduction of maintenance costs and 

16 lifecycle costs of bridges, including the costs of new 

17 construction, replacement, or rehabilitation of defi18 cient bridges; 

19 (3) the development of construction techniques to 

20 increase safety and reduce construction time and traf21 fic congestion; 

22 (4) the development of engineering design cri23 teria for innovative products and materials for use in 

24 highway bridges and structures; 
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1 (5) the development of cost-effective and innova2 tive techniques to separate vehicle and pedestrian 

3 traffic from railroad traffic; 

4 (6) the development of highway bridges and 

5 structures that will withstand natural disasters, in6 cluding alternative processes for the seismic retrofit of 

7 bridges; and 

8 (7) the development of new nondestructive bridge 

9 evaluation technologies and techniques. 

10 (b) CONTENTS.—The study commissioned under sub11 section (a) shall include— 

12 (1) an analysis of the performance of bridges 

13 that received funding under the program in meeting 

14 the goals described in paragraphs (1) through (7) of 

15 subsection (a); 

16 (2) an analysis of the utility, compared to con17 ventional materials and technologies, of each of the 

18 innovative materials and technologies used in projects 

19 for bridges under the program in meeting the needs 

20 of the United States in 2015 and in the future for a 

21 sustainable and low lifecycle cost transportation sys22 tem; 

23 (3) recommendations to Congress on how the in24 stalled and lifecycle costs of bridges could be reduced 

25 through the use of innovative materials and tech-
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1 nologies, including, as appropriate, any changes in 

2 the design and construction of bridges needed to 

3 maximize the cost reductions; and 

4 (4) a summary of any additional research that 

5 may be needed to further evaluate innovative ap6 proaches to reducing the installed and lifecycle costs 

7 of highway bridges. 

8 (c) PUBLIC COMMENT.—Before commissioning the 

9 study under subsection (a), the Administrator shall provide 

10 an opportunity for public comment on the study proposal. 

11 (d) DATA FROM STATES.—Each State that received 

12 funds under the program shall provide to the Transpor13 tation Research Board any relevant data needed to carry 

14 out the study commissioned under subsection (a). 

15 (e) DEADLINE.—The Administrator shall submit to 

16 Congress a report on the results of the study commissioned 

17 under subsection (a) not later than 3 years after the date 

18 of enactment of this Act. 

19 SEC. 1419. RELINQUISHMENT OF PARK-AND-RIDE LOT FA20 CILITIES. 

21 A State transportation agency may relinquish park22 and-ride lot facilities or portions of park-and-ride lot facili23 ties to a local government agency for highway purposes if 

24 authorized to do so under State law if the agreement pro25 viding for the relinquishment provides that— 
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1 (1) rights-of-way on the Interstate System will 

2 remain available for future highway improvements; 

3 and 

4 (2) modifications to the facilities that could im5 pair the highway or interfere with the free and safe 

6 flow of traffic are subject to the approval of the Sec7 retary. 

8 SEC. 1420. PILOT PROGRAM. 

9 (a) IN GENERAL.—The Secretary may establish a pilot 

10 program that allows a State to utilize innovative ap11 proaches to maintain the right-of-way of Federal-aid high12 ways within such State. 

13 (b) LIMITATION.—A pilot program established under 

14 subsection (a) shall— 

15 (1) terminate after not more than 6 years; 

16 (2) include not more than 5 States; and 

17 (3) be subject to guidelines published by the Sec18 retary. 

19 (c) REPORT.—If the Secretary establishes a pilot pro20 gram under subsection (a), the Secretary shall, not more 

21 than 1 year after the completion of the pilot program, sub22 mit to the Committee on Transportation and Infrastructure 

23 of the House of Representatives and the Committee on Envi24 ronment and Public Works of the Senate a report on the 

25 results of the pilot program. 
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1 SEC. 1421. INNOVATIVE PROJECT DELIVERY EXAMPLES. 

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

3 is amended— 

4 (1) in clause (iv) by striking ‘‘or’’ at the end; 

5 (2) by redesignating clause (v) as clause (vi); 

6 and 

7 (3) by inserting after clause (iv) the following: 

8 ‘‘(v) innovative pavement materials 

9 that have a demonstrated life cycle of 75 or 

10 more years, are manufactured with reduced 

11 greenhouse gas emissions, and reduce con12 struction-related congestion by rapidly cur13 ing; or’’. 

14 SEC. 1422. ADMINISTRATIVE PROVISIONS TO ENCOURAGE 

15 POLLINATOR HABITAT AND FORAGE ON 

16 TRANSPORTATION RIGHTS-OF-WAY. 

17 (a) IN GENERAL.—Section 319 of title 23, United 

18 States Code, is amended— 

19 (1) in subsection (a) by inserting ‘‘(including the 

20 enhancement of habitat and forage for pollinators)’’ 

21 before ‘‘adjacent’’; and 

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

23 ‘‘(c) ENCOURAGEMENT OF POLLINATOR HABITAT AND

24 FORAGE DEVELOPMENT AND PROTECTION ON TRANSPOR25 TATION RIGHTS-OF-WAY.—In carrying out any program 
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1 administered by the Secretary under this title, the Secretary 

2 shall, in conjunction with willing States, as appropriate— 

3 ‘‘(1) encourage integrated vegetation manage4 ment practices on roadsides and other transportation 

5 rights-of-way, including reduced mowing; and 

6 ‘‘(2) encourage the development of habitat and 

7 forage for Monarch butterflies, other native polli8 nators, and honey bees through plantings of native 

9 forbs and grasses, including noninvasive, native milk10 weed species that can serve as migratory way stations 

11 for butterflies and facilitate migrations of other polli12 nators.’’. 

13 (b) PROVISION OF HABITAT, FORAGE, AND MIGRATORY

14 WAY STATIONS FOR MONARCH BUTTERFLIES, OTHER NA15 TIVE POLLINATORS, AND HONEY BEES.—Section 329(a)(1) 

16 of title 23, United States Code, is amended by inserting 

17 ‘‘provision of habitat, forage, and migratory way stations 

18 for Monarch butterflies, other native pollinators, and honey 

19 bees,’’ before ‘‘and aesthetic enhancement’’. 

20 SEC. 1423. MILK PRODUCTS. 

21 Section 127(a) of title 23, United States Code, is 

22 amended by adding at the end the following: 

23 ‘‘(13) MILK PRODUCTS.—A vehicle carrying 

24 fluid milk products shall be considered a load that 

25 cannot be easily dismantled or divided.’’. 
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1 SEC. 1424. INTERSTATE WEIGHT LIMITS FOR EMERGENCY 

2 VEHICLES. 

3 Section 127(a) of title 23, United States Code, as 

4 amended by this Act, is further amended by adding at the 

5 end the following: 

6 ‘‘(14) EMERGENCY VEHICLES.— 

7 ‘‘(A) IN GENERAL.—With respect to an 

8 emergency vehicle, the following weight limits 

9 shall apply in lieu of the maximum and min10 imum weight limits specified in this subsection: 

11 ‘‘(i) 24,000 pounds on a single steering 

12 axle. 

13 ‘‘(ii) 33,500 pounds on a single drive 

14 axle. 

15 ‘‘(iii) 62,000 pounds on a tandem axle. 

16 ‘‘(iv) A maximum gross vehicle weight 

17 of 86,000 pounds. 

18 ‘‘(B) EMERGENCY VEHICLE DEFINED.—In 

19 this paragraph, the term ‘emergency vehicle’ 

20 means a vehicle designed— 

21 ‘‘(i) to be used under emergency condi22 tions to transport personnel and equipment; 

23 and 

24 ‘‘(ii) to support the suppression of fires 

25 and mitigation of other hazardous situa26 tions.’’. 
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1 SEC. 1425. VEHICLE WEIGHT LIMITATIONS—INTERSTATE 

2 SYSTEM. 

3 Section 127 of title 23, United States Code, is amended 

4 by adding at the end the following: 

5 ‘‘(m) COVERED HEAVY-DUTY TOW AND RECOVERY VE6 HICLES.— 

7 ‘‘(1) IN GENERAL.—The vehicle weight limita8 tions set forth in this section do not apply to a cov9 ered heavy-duty tow and recovery vehicle. 

10 ‘‘(2) COVERED HEAVY-DUTY TOW AND RECOVERY

11 VEHICLE DEFINED.—In this subsection, the term ‘cov12 ered heavy-duty tow and recovery vehicle’ means a ve13 hicle that— 

14 ‘‘(A) is transporting a disabled vehicle from 

15 the place where the vehicle became disabled to the 

16 nearest appropriate repair facility; and 

17 ‘‘(B) has a gross vehicle weight that is equal 

18 to or exceeds the gross vehicle weight of the dis19 abled vehicle being transported. 

20 ‘‘(n) OPERATION OF VEHICLES ON CERTAIN TEXAS

21 HIGHWAYS.—If any segment in Texas of United States 

22 Route 59, United States Route 77, United States Route 281, 

23 United States Route 84, Texas State Highway 44, or an24 other roadway is designated as Interstate Route 69, a vehi25 cle that could operate legally on that segment before the date 
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•HR 22 EAH 

1 of such designation may continue to operate on that seg2 ment, without regard to any requirement under this section. 

3 ‘‘(o) CERTAIN LOGGING VEHICLES IN WISCONSIN.— 

4 ‘‘(1) IN GENERAL.—The Secretary shall waive, 

5 with respect to a covered logging vehicle, the applica6 tion of any vehicle weight limit established under this 

7 section. 

8 ‘‘(2) COVERED LOGGING VEHICLE DEFINED.—In 

9 this subsection, the term ‘covered logging vehicle’ 

10 means a vehicle that— 

11 ‘‘(A) is transporting raw or unfinished for12 est products, including logs, pulpwood, biomass, 

13 or wood chips; 

14 ‘‘(B) has a gross vehicle weight of not more 

15 than 98,000 pounds; 

16 ‘‘(C) has not less than 6 axles; and 

17 ‘‘(D) is operating on a segment of Interstate 

18 Route 39 in Wisconsin from mile marker 175.8 

19 to mile marker 189.’’. 

20 SEC. 1426. NEW NATIONAL GOAL, PERFORMANCE MEASURE, 

21 AND PERFORMANCE TARGET. 

22 (a) NATIONAL GOAL.—Section 150(b) of title 23, 

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

24 following: 
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•HR 22 EAH 

1 ‘‘(8) INTEGRATED ECONOMIC DEVELOPMENT.— 

2 To improve road conditions in economically dis3 tressed urban communities and increase access to jobs, 

4 markets, and economic opportunities for people who 

5 live in such communities.’’. 

6 (b) PERFORMANCE MEASURE.—Section 150(c) of such 

7 title is amended by adding at the end the following: 

8 ‘‘(7) INTEGRATED ECONOMIC DEVELOPMENT.— 

9 The Secretary shall establish measures for States to 

10 use to assess the conditions, accessibility, and reli11 ability of roads in economically distressed urban com12 munities.’’. 

13 (c) PERFORMANCE TARGET.—Section 150(d)(1) of 

14 such title is amended by striking ‘‘and (6)’’ and inserting 

15 ‘‘(6), and (7)’’. 

16 SEC. 1427. SERVICE CLUB, CHARITABLE ASSOCIATION, OR 

17 RELIGIOUS SERVICE SIGNS. 

18 Notwithstanding section 131 of title 23, United States 

19 Code, and part 750 of title 23, Code of Federal Regulations 

20 (or successor regulations), a State may allow the mainte21 nance of a sign of a service club, charitable association, or 

22 religious service that was erected as of the date of enactment 

23 of this Act and the area of which is less than or equal to 

24 32 square feet, if the State notifies the Federal Highway 

25 Administration. 
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1 SEC. 1428. WORK ZONE AND GUARD RAIL SAFETY TRAINING. 

2 (a) IN GENERAL.—Section 1409 of SAFETEA–LU 

3 (23 U.S.C. 401 note) is amended— 

4 (1) by striking the section heading and inserting 

5 ‘‘WORK ZONE AND GUARD RAIL SAFETY TRAIN6 ING’’; and 

7 (2) in subsection (b) by adding at the end the 

8 following: 

9 ‘‘(4) Development, updating, and delivery of 

10 training courses on guard rail installation, mainte11 nance, and inspection.’’. 

12 (b) CLERICAL AMENDMENT.—The table of contents in 

13 section 1(b) of such Act is amended by striking the item 

14 relating to section 1409 and inserting the following: 

‘‘Sec. 1409. Work zone and guard rail safety training.’’. 

15 SEC. 1429. MOTORCYCLIST ADVISORY COUNCIL. 

16 (a) IN GENERAL.—The Secretary, acting through the 

17 Administrator of the Federal Highway Administration, 

18 and in consultation with the Committee on Transportation 

19 and Infrastructure of the House of Representatives and the 

20 Committee on Environment and Public Works of the Sen21 ate, shall appoint a Motorcyclist Advisory Council to co22 ordinate with and advise the Administrator on infrastruc23 ture issues of concern to motorcyclists, including— 

24 (1) barrier design; 
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•HR 22 EAH 

1 (2) road design, construction, and maintenance 

2 practices; and 

3 (3) the architecture and implementation of intel4 ligent transportation system technologies. 

5 (b) COMPOSITION.—The Council shall consist of not 

6 more than 10 members of the motorcycling community with 

7 professional expertise in national motorcyclist safety advo8 cacy, including— 

9 (1) at least— 

10 (A) 1 member recommended by a national 

11 motorcyclist association; 

12 (B) 1 member recommended by a national 

13 motorcycle riders foundation; 

14 (C) 1 representative of the National Asso15 ciation of State Motorcycle Safety Administra16 tors; 

17 (D) 2 members of State motorcyclists’ orga18 nizations; 

19 (E) 1 member recommended by a national 

20 organization that represents the builders of high21 way infrastructure; 

22 (F) 1 member recommended by a national 

23 association that represents the traffic safety sys24 tems industry; and 
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•HR 22 EAH 

1 (G) 1 member of a national safety organiza2 tion; and 

3 (2) at least 1, but not more than 2, motorcyclists 

4 who are traffic system design engineers or State 

5 transportation department officials. 

6 SEC. 1430. IMPROVEMENT OF DATA COLLECTION ON CHILD 

7 OCCUPANTS IN VEHICLE CRASHES. 

8 (a) IN GENERAL.—Not later than 1 year after the date 

9 of enactment of this Act, the Secretary shall revise the crash 

10 investigation data collection system of the National High11 way Traffic Safety Administration to include the collection 

12 of the following data in connection with vehicle crashes 

13 whenever a child restraint system was in use in a vehicle 

14 involved in a crash: 

15 (1) The type or types of child restraint systems 

16 in use during the crash in any vehicle involved in the 

17 crash, including whether a five-point harness or belt18 positioning booster. 

19 (2) If a five-point harness child restraint system 

20 was in use during the crash, whether the child re21 straint system was forward-facing or rear-facing in 

22 the vehicle concerned. 

23 (b) CONSULTATION.—In implementing subsection (a), 

24 the Secretary shall work with law enforcement officials, 

25 safety advocates, the medical community, and research or-
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•HR 22 EAH 

1 ganizations to improve the recordation of data described in 

2 subsection (a) in police and other applicable incident re3 ports. 

4 (c) REPORT.—Not later than 3 years after the date of 

5 enactment of this Act, the Secretary shall submit to the 

6 Committee on Commerce, Science, and Transportation of 

7 the Senate and the Committee on Energy and Commerce 

8 of the House of Representatives a report on child occupant 

9 crash data collection in the crash investigation data collec10 tion system of the National Highway Traffic Safety Admin11 istration pursuant to the revision required by subsection 

12 (a). 

13 SEC. 1431. HIGHWAY WORK ZONES. 

14 It is the sense of the House of Representatives that the 

15 Federal Highway Administration should— 

16 (1) do all within its power to protect workers in 

17 highway work zones; and 

18 (2) move rapidly to finalize regulations, as di19 rected in section 1405 of MAP–21 (126 Stat. 560), to 

20 protect the lives and safety of construction workers in 

21 highway work zones from vehicle intrusions. 

22 SEC. 1432. STUDY ON STATE PROCUREMENT OF CULVERT 

23 AND STORM SEWER MATERIALS. 

24 (a) IN GENERAL.—The Secretary shall evaluate the 

25 methods in which States procure culvert and storm sewer 
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1 materials and the impact of those methods on project costs, 

2 including the extent to which such methods take into ac3 count environmental principles, engineering principles, and 

4 the varying needs of projects based on geographic location. 

5 (b) REPORT.—Not later than 1 year after the date of 

6 enactment of this Act, the Secretary shall submit to the 

7 Committee on Transportation and Infrastructure of the 

8 House of Representatives and the Committee on Environ9 ment and Public Works of the Senate a report on the find10 ings of the study conducted under subsection (a). 

11 SEC. 1433. USE OF DURABLE, RESILIENT, AND SUSTAINABLE 

12 MATERIALS AND PRACTICES. 

13 To the extent practicable, the Secretary shall encourage 

14 the use of durable, resilient, and sustainable materials and 

15 practices, including the use of geosynthetic materials and 

16 other innovative technologies, in carrying out the activities 

17 of the Federal Highway Administration. 

18 SEC. 1434. STRATEGY TO ADDRESS STRUCTURALLY DEFI19 CIENT BRIDGES. 

20 The Secretary shall develop a comprehensive strategy 

21 to address structurally deficient and functionally obsolete 

22 bridges, as defined by the National Bridge Inventory, to 

23 identify the unique challenges posed by bridges in each of 

24 these respective categories, and to address such separate 

25 challenges and improve the condition of such bridges. Not 
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•HR 22 EAH 

1 later than 180 days after the date of enactment of this Act, 

2 the Secretary shall transmit a report containing initial rec3 ommendations to the Committee on Transportation and In4 frastructure of the House of Representatives and the Com5 mittee on Commerce, Science, and Transportation of the 

6 Senate. Not later than 1 year after such date of enactment, 

7 the Secretary shall transmit to such committees the final 

8 strategy required by this section. 

9 SEC. 1435. SENSE OF CONGRESS. 

10 It is the sense of Congress that the Nation’s engineering 

11 industry continues to provide critical technical expertise, 

12 innovation, and local knowledge to Federal and State agen13 cies in order to efficiently deliver surface transportation 

14 projects to the public, and Congress recognizes the valuable 

15 contributions made by the Nation’s engineering industry 

16 and urges the Secretary to reinforce those partnerships by 

17 encouraging State and local agencies to take full advantage 

18 of engineering industry capabilities to strengthen project 

19 performance, improve domestic competitiveness, and create 

20 jobs. 

21 SEC. 1436. IDENTIFICATION OF ROADSIDE HIGHWAY SAFE22 TY HARDWARE DEVICES. 

23 (a) STUDY.—The Secretary shall conduct a study on 

24 methods for identifying roadside highway safety hardware 
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1 devices to improve the data collected on the devices, as nec2 essary for in-service evaluation of the devices. 

3 (b) CONTENTS.—In conducting the study, the Sec4 retary shall evaluate identification methods based on the 

5 ability of the method to— 

6 (1) convey information on the devices, including 

7 manufacturing date, factory of origin, product brand, 

8 and model; 

9 (2) withstand roadside conditions; and 

10 (3) connect to State and regional inventories of 

11 similar devices. 

12 (c) IDENTIFICATION METHODS.—The identification 

13 methods to be studied under this section include stamped 

14 serial numbers, radio-frequency identification, and such 

15 other methods as the Secretary determines appropriate. 

16 (d) REPORT TO CONGRESS.—Not later than January 

17 1, 2018, the Secretary shall submit to Congress a report 

18 on the results of the study. 

19 SEC. 1437. USE OF MODELING AND SIMULATION TECH20 NOLOGY. 

21 It is the sense of Congress that the Department should 

22 utilize, to the fullest and most economically feasible extent 

23 practicable, modeling and simulation technology to analyze 

24 highway and public transportation projects authorized by 

25 this Act to ensure that these projects— 
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1 (1) will increase transportation capacity and 

2 safety, alleviate congestion, and reduce travel time 

3 and environmental impacts; and 

4 (2) are as cost effective as practicable. 

5 SEC. 1438. NATIONAL ADVISORY COMMITTEE ON TRAVEL 

6 AND TOURISM INFRASTRUCTURE. 

7 (a) FINDINGS.—Congress finds that— 

8 (1) 1 out of every 9 jobs in the United States de9 pends on travel and tourism, and the industry sup10 ports 15,000,000 jobs in the United States; 

11 (2) the travel and tourism industry employs in12 dividuals in all 50 States, the District of Columbia, 

13 and all of the territories of the United States; 

14 (3) international travel to the United States is 

15 the single largest export industry in the Nation, gen16 erating a trade surplus balance of approximately 

17 $74,000,000,000; 

18 (4) travel and tourism provide significant eco19 nomic benefits to the United States by generating 

20 nearly $2,100,000,000,000 in annual economic out21 put; and 

22 (5) the United States intermodal transportation 

23 network facilitates the large-scale movement of busi24 ness and leisure travelers, and is the most important 

25 asset of the travel industry. 
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1 (b) ESTABLISHMENT.—Not later than 180 days after 

2 the date of enactment of this Act, the Secretary shall estab3 lish an advisory committee to be known as the National 

4 Advisory Committee on Travel and Tourism Infrastructure 

5 (in this section referred to as the ‘‘Committee’’) to provide 

6 information, advice, and recommendations to the Secretary 

7 on matters relating to the role of intermodal transportation 

8 in facilitating mobility related to travel and tourism activi9 ties. 

10 (c) MEMBERSHIP.—The Committee shall— 

11 (1) be composed of members appointed by the 

12 Secretary for terms of not more than 3 years; and 

13 (2) include a representative cross-section of pub14 lic and private sector stakeholders involved in the 

15 travel and tourism industry, including representa16 tives of— 

17 (A) the travel and tourism industry, prod18 uct and service providers, and travel and tour19 ism-related associations; 

20 (B) travel, tourism, and destination mar21 keting organizations; 

22 (C) the travel and tourism-related work23 force; 

24 (D) State tourism offices; 

25 (E) Sate departments of transportation; 
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1 (F) regional and metropolitan planning or2 ganizations; and 

3 (G) local governments. 

4 (d) ROLE OF COMMITTEE.—The Committee shall— 

5 (1) advise the Secretary on current and emerging 

6 priorities, issues, projects, and funding needs related 

7 to the use of the Nation’s intermodal transportation 

8 network to facilitate travel and tourism; 

9 (2) serve as a forum for discussion for travel and 

10 tourism stakeholders on transportation issues affect11 ing interstate and interregional mobility of pas12 sengers; 

13 (3) promote the sharing of information between 

14 the private and public sectors on transportation 

15 issues impacting travel and tourism; 

16 (4) gather information, develop technical advise, 

17 and make recommendations to the Secretary on poli18 cies that improve the condition and performance of 

19 an integrated national transportation system that is 

20 safe, economical, and efficient, and that maximizes 

21 the benefits to the Nation generated through the 

22 United States travel and tourism industry; 

23 (5) identify critical transportation facilities and 

24 corridors that facilitate and support the interstate 
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1 and interregional transportation of passengers for 

2 tourism, commercial, and recreational activities; 

3 (6) provide for development of measures of condi4 tion, safety, and performance for transportation re5 lated to travel and tourism; 

6 (7) provide for development of transportation in7 vestment, data, and planning tools to assist Federal, 

8 State, and local officials in making investment deci9 sions relating to transportation projects that improve 

10 travel and tourism; and 

11 (8) address other issues of transportation policy 

12 and programs impacting the movement of travelers 

13 for tourism and recreational purposes, including by 

14 making legislative recommendations. 

15 (e) NATIONAL TRAVEL AND TOURISM INFRASTRUC16 TURE STRATEGIC PLAN.— 

17 (1) INITIAL DEVELOPMENT OF NATIONAL TRAVEL

18 AND TOURISM INFRASTRUCTURE STRATEGIC PLAN.— 

19 Not later than 3 years after the date of enactment of 

20 this act, the Secretary shall, in consultation with the 

21 Committee, State departments of transportation, and 

22 other appropriate public and private transportation 

23 stakeholders, develop and post on the Department’s 

24 public Internet Web site a national travel and tour25 ism infrastructure strategic plan that includes— 
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1 (A) an assessment of the condition and per2 formance of the national transportation network; 

3 (B) an identification of the issues on the 

4 national transportation network that create sig5 nificant congestion problems and barriers to 

6 long-haul passenger travel and tourism, 

7 (C) forecasts of long-haul passenger travel 

8 and tourism volumes for the 20-year period be9 ginning in the year during which the plan is 

10 issued; 

11 (D) an identification of the major transpor12 tation facilities and corridors for current and 

13 forecasted long-haul travel and tourism volumes, 

14 the identification of which shall be revised, as 

15 appropriate, in subsequent plans; 

16 (E) an assessment of statutory, regulatory, 

17 technological, institutional, financial, and other 

18 barriers to improved long-haul passenger travel 

19 performance (including opportunities for over20 coming the barriers); 

21 (F) best practices for improving the per22 formance of the national transportation network; 

23 and 
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1 (G) strategies to improve intermodal 

2 connectivity for long-haul passenger travel and 

3 tourism. 

4 SEC. 1439. REGULATION OF MOTOR CARRIERS OF PROP5 ERTY. 

6 Section 14501(c)(2)(C) of title 49, United States Code, 

7 is amended by striking ‘‘the price of’’ and all that follows 

8 through ‘‘transportation is’’ and inserting ‘‘the regulation 

9 of tow truck operations’’. 

10 SEC. 1440. EMERGENCY EXEMPTIONS. 

11 Any road, highway, railway, bridge, or transit facility 

12 that is damaged by an emergency that is declared by the 

13 Governor of the State and concurred in by the Secretary 

14 of Homeland Security or declared as an emergency by the 

15 President pursuant to the Robert T. Stafford Disaster Relief 

16 and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and 

17 that is in operation or under construction on the date on 

18 which the emergency occurs— 

19 (1) may be reconstructed in the same location 

20 with the same capacity, dimensions, and design as be21 fore the emergency; and 

22 (2) shall be exempt from any environmental re23 views, approvals, licensing, and permit requirements 

24 under— 
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1 (A) the National Environmental Policy Act 

2 of 1969 (42 U.S.C. 4321 et seq.); 

3 (B) sections 402 and 404 of the Federal 

4 Water Pollution Control Act (33 U.S.C. 1342, 

5 1344); 

6 (C) division A of subtitle III of title 54, 

7 United States Code; 

8 (D) the Migratory Bird Treaty Act (16 

9 U.S.C. 703 et seq.); 

10 (E) the Wild and Scenic Rivers Act (16 

11 U.S.C. 1271 et seq.); 

12 (F) the Fish and Wildlife Coordination Act 

13 (16 U.S.C. 661 et seq.); 

14 (G) the Endangered Species Act of 1973 (16 

15 U.S.C. 1531 et seq.), except when the reconstruc16 tion occurs in designated critical habitat for 

17 threatened and endangered species; 

18 (H) Executive Order 11990 (42 U.S.C. 4321 

19 note; relating to the protection of wetland); and 

20 (I) any Federal law (including regulations) 

21 requiring no net loss of wetland. 

22 SEC. 1441. PROGRAM TO ASSIST VETERANS TO ACQUIRE 

23 COMMERCIAL DRIVER’S LICENSES. 

24 Not later than 1 year after the date of enactment of 

25 this Act, the Secretary, in coordination with the Secretary 
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1 of Defense, shall fully implement the recommendations con2 tained in the report submitted under section 32308 of 

3 MAP–21 (49 U.S.C. 31301 note). 

4 SEC. 1442. OPERATION OF CERTAIN SPECIALIZED VEHICLES 

5 ON CERTAIN HIGHWAYS IN THE STATE OF AR6 KANSAS. 

7 If any segment of United States Route 63 between the 

8 exits for highways 14 and 75 in the State of Arkansas is 

9 designated as part of the Interstate System, the single axle 

10 weight, tandem axle weight, gross vehicle weight, and bridge 

11 formula limits under section 127(a) of title 23, United 

12 States Code, and the width limitation under section 

13 31113(a) of title 49, United States Code, shall not apply 

14 to that segment with respect to the operation of any vehicle 

15 that may have legally operated on that segment before the 

16 date of the designation. 

17 SEC. 1443. PROJECTS FOR PUBLIC SAFETY RELATING TO 

18 IDLING TRAINS. 

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

20 amended by striking ‘‘and the relocation of highways to 

21 eliminate grade crossings’’ and inserting ‘‘the relocation of 

22 highways to eliminate grade crossings, and projects to 

23 eliminate hazards posed by blocked grade crossings due to 

24 idling trains’’. 
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1 SEC. 1444. EXEMPTIONS FROM REQUIREMENTS FOR CER2 TAIN WELDING TRUCKS USED IN PIPELINE 

3 INDUSTRY. 

4 (a) COVERED MOTOR VEHICLE DEFINED.—In this sec5 tion, the term ‘‘covered motor vehicle’’ means a motor vehi6 cle that— 

7 (1) is traveling in the State in which the vehicle 

8 is registered or another State; 

9 (2) is owned by a welder; 

10 (3) is a pick-up style truck; 

11 (4) is equipped with a welding rig that is used 

12 in the construction or maintenance of pipelines; and 

13 (5) has a gross vehicle weight and combination 

14 weight rating and weight of 15,000 pounds or less. 

15 (b) FEDERAL REQUIREMENTS.—A covered motor vehi16 cle, including the individual operating such vehicle and the 

17 employer of such individual, shall be exempt from the fol18 lowing: 

19 (1) Any requirement relating to registration as 

20 a motor carrier, including the requirement to obtain 

21 and display a Department of Transportation number, 

22 established under chapters 139 and 311 of title 49, 

23 United States Code. 

24 (2) Any requirement relating to driver qualifica25 tions established under chapter 311 of title 49, United 

26 States Code. 
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1 (3) Any requirement relating to driving of com2 mercial motor vehicles established under chapter 311 

3 of title 49, United States Code. 

4 (4) Any requirement relating to parts and acces5 sories and inspection, repair, and maintenance of 

6 commercial motor vehicles established under chapter 

7 311 of title 49, United States Code. 

8 (5) Any requirement relating to hours of service 

9 of drivers, including maximum driving and on duty 

10 time, established under chapter 315 of title 49, United 

11 States Code. 

12 SEC. 1445. WAIVER. 

13 (a) IN GENERAL.—The Secretary shall waive, for a 

14 covered logging vehicle, the application of any vehicle 

15 weight limit established under section 127 of title 23, 

16 United States Code. 

17 (b) COVERED LOGGING VEHICLE DEFINED.—In this 

18 section, the term ‘‘covered logging vehicle’’ means a vehicle 

19 that— 

20 (1) is transporting raw or unfinished forest 

21 products, including logs, pulpwood, biomass, or wood 

22 chips; 

23 (2) has a gross vehicle weight of not more than 

24 99,000 pounds; 

25 (3) has not less than 6 axles; and 
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1 (4) is operating on a segment of Interstate Route 

2 35 in Minnesota from mile marker 235.4 to mile 

3 marker 259.552. 

4 SEC. 1446. FEDERAL AUTHORITY. 

5 (a) IN GENERAL.—Section 14501(c) of title 49, United 

6 States Code, is amended— 

7 (1) in paragraph (1), by striking ‘‘paragraphs 

8 (2) and (3)’’ and inserting ‘‘paragraphs (3) and (4)’’; 

9 (2) by redesignating paragraphs (2) through (5) 

10 as paragraphs (3) through (6) respectively; 

11 (3) by inserting after paragraph (1) the fol12 lowing: 

13 ‘‘(2) ADDITIONAL LIMITATIONS.— 

14 ‘‘(A) A State, political subdivision of a 

15 State, or political authority of 2 or more States 

16 may not enact or enforce a law, regulation, or 

17 other provision having the force and effect of law 

18 prohibiting employees whose hours of service are 

19 subject to regulation by the Secretary under sec20 tion 31502 from working to the full extent per21 mitted or at such times as permitted under such 

22 section, or imposing any additional obligations 

23 on motor carriers if such employees work to the 

24 full extent or at such times as permitted under 

25 such section, including any related activities reg-
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1 ulated under part 395 of title 49, Code of Fed2 eral Regulations. 

3 ‘‘(B) A State, political subdivision of a 

4 State, or political authority of 2 or more States 

5 may not enact or enforce a law, regulation, or 

6 other provision having the force and effect of law 

7 that requires a motor carrier that compensates 

8 employees on a piece-rate basis to pay those em9 ployees separate or additional compensation, 

10 provided that the motor carrier pays the em11 ployee a total sum that when divided by the total 

12 number of hours worked during the cor13 responding work period is equal to or greater 

14 than the applicable hourly minimum wage of the 

15 State, political subdivision of the State, or polit16 ical authority of 2 or more States. 

17 ‘‘(C) Nothing in this paragraph shall be 

18 construed to limit the provisions of paragraph 

19 (1).’’. 

20 (4) in paragraph (3) (as redesignated) by strik21 ing ‘‘Paragraph (1)—’’ and inserting ‘‘Paragraphs 

22 (1) and (2)—’’; and 

23 (5) in paragraph (4)(A) (as redesignated) by 

24 striking ‘‘Paragraph (1)’’ and inserting ‘‘Paragraphs 

25 (1) and (2)’’. 
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1 (b) EFFECTIVE DATE.—The amendments made by this 

2 section shall have the force and effect as if enacted on the 

3 date of enactment of the Federal Aviation Administration 

4 Authorization Act of 1994 (Public Law 103–305). 

5 TITLE II—INNOVATIVE PROJECT 

6 FINANCE 

7 SEC. 2001. TRANSPORTATION INFRASTRUCTURE FINANCE 

8 AND INNOVATION ACT OF 1998 AMENDMENTS. 

9 (a) DEFINITIONS.— 

10 (1) MASTER CREDIT AGREEMENT.—Section 

11 601(a)(10) of title 23, United States Code, is amended 

12 to read as follows: 

13 ‘‘(10) MASTER CREDIT AGREEMENT.—The term 

14 ‘master credit agreement’ means a conditional agree15 ment to extend credit assistance for a program of re16 lated projects secured by a common security pledge 

17 (which shall receive an investment grade rating from 

18 a rating agency prior to the Secretary entering into 

19 such master credit agreement) under section 

20 602(b)(2)(A), or for a single project covered under sec21 tion 602(b)(2)(B) that does not provide for a current 

22 obligation of Federal funds, and that would— 

23 ‘‘(A) make contingent commitments of 1 or 

24 more secured loans or other Federal credit in25 struments at future dates, subject to the avail-
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•HR 22 EAH 

1 ability of future funds being made available to 

2 carry out this chapter and subject to the satisfac3 tion of all the conditions for the provision of 

4 credit assistance under this chapter, including 

5 section 603(b)(1); 

6 ‘‘(B) establish the maximum amounts and 

7 general terms and conditions of the secured loans 

8 or other Federal credit instruments; 

9 ‘‘(C) identify the 1 or more dedicated non10 Federal revenue sources that will secure the re11 payment of the secured loans or secured Federal 

12 credit instruments; 

13 ‘‘(D) provide for the obligation of funds for 

14 the secured loans or secured Federal credit in15 struments after all requirements have been met 

16 for the projects subject to the master credit agree17 ment, including— 

18 ‘‘(i) completion of an environmental 

19 impact statement or similar analysis re20 quired under the National Environmental 

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

22 ‘‘(ii) compliance with such other re23 quirements as are specified in this chapter, 

24 including sections 602(c) and 603(b)(1); 

25 and 
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1 ‘‘(iii) the availability of funds to carry 

2 out this chapter; and 

3 ‘‘(E) require that contingent commitments 

4 result in a financial close and obligation of cred5 it assistance not later than 3 years after the date 

6 of entry into the master credit agreement, or re7 lease of the commitment, unless otherwise ex8 tended by the Secretary.’’. 

9 (2) RURAL INFRASTRUCTURE PROJECT.—Section 

10 601(a)(15) of title 23, United States Code, is amended 

11 to read as follows: 

12 ‘‘(15) RURAL INFRASTRUCTURE PROJECT.—The 

13 term ‘rural infrastructure project’ means a surface 

14 transportation infrastructure project located outside 

15 of a Census-Bureau-defined urbanized area.’’. 

16 (b) MASTER CREDIT AGREEMENTS.—Section 

17 602(b)(2) of title 23, United States Code is amended to read 

18 as follows: 

19 ‘‘(2) MASTER CREDIT AGREEMENTS.— 

20 ‘‘(A) PROGRAM OF RELATED PROJECTS.— 

21 The Secretary may enter into a master credit 

22 agreement for a program of related projects se23 cured by a common security pledge on terms ac24 ceptable to the Secretary. 
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1 ‘‘(B) ADEQUATE FUNDING NOT AVAIL2 ABLE.—If the Secretary fully obligates funding 

3 to eligible projects in a fiscal year, and adequate 

4 funding is not available to fund a credit instru5 ment, a project sponsor of an eligible project 

6 may elect to enter into a master credit agreement 

7 and wait to execute a credit instrument until the 

8 fiscal year during which additional funds are 

9 available to receive credit assistance.’’. 

10 (c) ELIGIBLE PROJECT COSTS.—Section 602(a)(5) of 

11 title 23, United States Code, is amended— 

12 (1) in subparagraph (A) by inserting ‘‘and (C)’’ 

13 after ‘‘(B)’’; and 

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

15 ‘‘(C) LOCAL INFRASTRUCTURE PROJECTS.— 

16 Eligible project costs shall be reasonably antici17 pated to equal or exceed $10,000,000 in the case 

18 of a project or program of projects— 

19 ‘‘(i) in which the applicant is a local 

20 government, public authority, or instrumen21 tality of local government; 

22 ‘‘(ii) located on a facility owned by a 

23 local government; or 

24 ‘‘(iii) for which the Secretary deter25 mines that a local government is substan-
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1 tially involved in the development of the 

2 project.’’. 

3 (d) LIMITATION ON REFINANCING OF INTERIM CON4 STRUCTION FINANCING.—Section 603(a)(2) of title 23, 

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

6 ‘‘(2) LIMITATION ON REFINANCING OF INTERIM

7 CONSTRUCTION FINANCING.—A loan under paragraph 

8 (1) shall not refinance interim construction financing 

9 under paragraph (1)(B)— 

10 ‘‘(A) if the maturity of such interim con11 struction financing is later than 1 year after the 

12 substantial completion of the project; and 

13 ‘‘(B) later than 1 year after the date of sub14 stantial completion of the project.’’. 

15 (e) FUNDING.—Section 608(a) of title 23, United 

16 States Code, is amended— 

17 (1) by striking paragraph (4); and 

18 (2) by striking paragraph (6) and inserting the 

19 following: 

20 ‘‘(6) ADMINISTRATIVE COSTS.—Of the amounts 

21 made available to carry out this chapter, the Sec22 retary may use not more than $5,000,000 for fiscal 

23 year 2016, $5,150,000 for fiscal year 2017, 

24 $5,304,500 for fiscal year 2018, $5,463,500 for fiscal 

25 year 2019, $5,627,500 for fiscal year 2020, and 
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1 $5,760,500 for fiscal year 2021 for the administration 

2 of this chapter.’’. 

3 SEC. 2002. STATE INFRASTRUCTURE BANK PROGRAM. 

4 Section 610 of title 23, United States Code, is amend5 ed— 

6 (1) in subsection (d)— 

7 (A) in paragraph (1) by striking subpara8 graph (A) and inserting the following: 

9 ‘‘(A) 10 percent of the funds apportioned to 

10 the State for each of fiscal years 2016 through 

11 2021 under each of sections 104(b)(1) and 

12 104(b)(2); and’’; 

13 (B) in paragraph (2) by striking ‘‘fiscal 

14 years 2005 through 2009’’ and inserting ‘‘fiscal 

15 years 2016 through 2021’’; 

16 (C) in paragraph (3) by striking ‘‘fiscal 

17 years 2005 through 2009’’ and inserting ‘‘fiscal 

18 years 2016 through 2021’’; and 

19 (D) in paragraph (5) by striking ‘‘section 

20 133(d)(3)’’ and inserting ‘‘section 

21 133(d)(1)(A)(i)’’; and 

22 (2) in subsection (k) by striking ‘‘fiscal years 

23 2005 through 2009’’ and inserting ‘‘fiscal years 2016 

24 through 2021’’. 
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1 SEC. 2003. AVAILABILITY PAYMENT CONCESSION MODEL. 

2 (a) PAYMENT TO STATES FOR CONSTRUCTION.—Sec3 tion 121(a) of title 23, United States Code, is amended by 

4 inserting ‘‘(including payments made pursuant to a long5 term concession agreement, such as availability payments)’’ 

6 after ‘‘a project’’. 

7 (b) PROJECT APPROVAL AND OVERSIGHT.—Section 

8 106(b)(1) of title 23, United States Code, is amended by 

9 inserting ‘‘(including payments made pursuant to a long10 term concession agreement, such as availability payments)’’ 

11 after ‘‘construction of the project’’. 

12 SEC. 2004. STREAMLINED APPLICATION PROCESS. 

13 Section 603 of title 23, United States Code, is amended 

14 by adding at the end the following: 

15 ‘‘(f) STREAMLINED APPLICATION PROCESS.— 

16 ‘‘(1) IN GENERAL.—Not later than 180 days 

17 after the date of enactment of the Surface Transpor18 tation Reauthorization and Reform Act of 2015, the 

19 Secretary shall make available an expedited applica20 tion process or processes available at the request of en21 tities seeking secured loans under this chapter that 

22 use a set or sets of conventional terms established pur23 suant to this section. 

24 ‘‘(2) TERMS.—In establishing the streamlined 

25 application process required by this subsection, the 

26 Secretary may include terms commonly included in 
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1 prior credit agreements and allow for an expedited 

2 application period, including— 

3 ‘‘(A) the secured loan is in an amount of 

4 not greater than $100,000,000; 

5 ‘‘(B) the secured loan is secured and pay6 able from pledged revenues not affected by project 

7 performance, such as a tax-backed revenue 

8 pledge, tax increment financing, or a system9 backed pledge of project revenues; and 

10 ‘‘(C) repayment of the loan commence not 

11 later than 5 years after disbursement.’’. 

12 TITLE III—PUBLIC 

13 TRANSPORTATION 

14 SEC. 3001. SHORT TITLE. 

15 This title may be cited as the ‘‘Federal Public Trans16 portation Act of 2015’’. 

17 SEC. 3002. DEFINITIONS. 

18 Section 5302 of title 49, United States Code, is amend19 ed— 

20 (1) in paragraph (1)(C) by striking ‘‘land21 scaping and’’; 

22 (2) by amending paragraph (3)(I) to read as fol23 lows: 

24 ‘‘(I) the provision of nonfixed route para25 transit transportation services in accordance 
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1 with section 223 of the Americans with Disabil2 ities Act of 1990 (42 U.S.C. 12143), but only for 

3 grant recipients that are in compliance with ap4 plicable requirements of that Act, including both 

5 fixed route and demand responsive service, and 

6 only for amounts— 

7 ‘‘(i) not to exceed 10 percent of such re8 cipient’s annual formula apportionment 

9 under sections 5307 and 5311; or 

10 ‘‘(ii) not to exceed 20 percent of such 

11 recipient’s annual formula apportionment 

12 under sections 5307 and 5311, if consistent 

13 with guidance issued by the Secretary, the 

14 recipient demonstrates that the recipient 

15 meets at least one of the following require16 ments: 

17 ‘‘(I) Provides an active fixed route 

18 travel training program that is avail19 able for riders with disabilities. 

20 ‘‘(II) Provides that all fixed route 

21 and paratransit operators participate 

22 in a passenger safety, disability aware23 ness, and sensitivity training class on 

24 at least a biennial basis. 
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1 ‘‘(III) Has memoranda of under2 standing in place with employers and 

3 American Job Centers to increase ac4 cess to employment opportunities for 

5 people with disabilities.’’; and 

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

7 ‘‘(24) VALUE CAPTURE.—The term ‘value cap8 ture’ means recovering the increased property value to 

9 property located near public transportation resulting 

10 from investments in public transportation. 

11 ‘‘(25) BASE-MODEL BUS.—The term ‘base-model 

12 bus’ means a heavy-duty public transportation bus 

13 manufactured to meet, but not exceed, transit-specific 

14 minimum performance criteria developed by the Sec15 retary.’’. 

16 SEC. 3003. METROPOLITAN AND STATEWIDE TRANSPOR17 TATION PLANNING. 

18 (a) IN GENERAL.—Section 5303 of title 49, United 

19 States Code, is amended— 

20 (1) in subsection (c)(2) by striking ‘‘and bicycle 

21 transportation facilities’’ and inserting ‘‘, bicycle 

22 transportation facilities, and intermodal facilities 

23 that support intercity transportation, including inter24 city buses and intercity bus facilities’’; 

25 (2) in subsection (d)— 
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1 (A) by redesignating paragraphs (3) 

2 through (6) as paragraphs (4) through (7), re3 spectively; and 

4 (B) by inserting after paragraph (2) the fol5 lowing: 

6 ‘‘(3) REPRESENTATION.— 

7 ‘‘(A) IN GENERAL.—Designation or selection 

8 of officials or representatives under paragraph 

9 (2) shall be determined by the metropolitan 

10 planning organization according to the bylaws 

11 or enabling statute of the organization. 

12 ‘‘(B) PUBLIC TRANSPORTATION REPRESENT13 ATIVE.—Subject to the bylaws or enabling statute 

14 of the metropolitan planning organization, a 

15 representative of a provider of public transpor16 tation may also serve as a representative of a 

17 local municipality. 

18 ‘‘(C) POWERS OF CERTAIN OFFICIALS.—An 

19 official described in paragraph (2)(B) shall have 

20 responsibilities, actions, duties, voting rights, 

21 and any other authority commensurate with 

22 other officials described in paragraph (2).’’; and 

23 (C) in paragraph (5), as so redesignated, by 

24 striking ‘‘paragraph (5)’’ and inserting ‘‘para25 graph (6)’’; 
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1 (3) in subsection (e)(4)(B) by striking ‘‘sub2 section (d)(5)’’ and inserting ‘‘subsection (d)(6)’’; 

3 (4) in subsection (g)(3)(A) by inserting ‘‘tour4 ism, natural disaster risk reduction,’’ after ‘‘economic 

5 development,’’; 

6 (5) in subsection (h)(1)— 

7 (A) in subparagraph (G) by striking ‘‘and’’ 

8 at the end; 

9 (B) in subparagraph (H) by striking the 

10 period at the end and inserting ‘‘; and’’; and 

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

12 ‘‘(I) improve the resilience and reliability of 

13 the transportation system.’’; 

14 (6) in subsection (i)— 

15 (A) in paragraph (2)(A)(i) by striking 

16 ‘‘transit’’ and inserting ‘‘public transportation 

17 facilities, intercity bus facilities’’; 

18 (B) in paragraph (6)(A)— 

19 (i) by inserting ‘‘public ports,’’ before 

20 ‘‘freight shippers,’’; and 

21 (ii) by inserting ‘‘(including intercity 

22 bus operators, employer-based commuting 

23 programs, such as a carpool program, van24 pool program, transit benefit program, 

25 parking cash-out program, shuttle program, 
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1 or telework program)’’ after ‘‘private pro2 viders of transportation’’; and 

3 (C) in paragraph (8) by striking ‘‘para4 graph (2)(C)’’ each place it appears and insert5 ing ‘‘paragraph (2)(E)’’; 

6 (7) in subsection (k)(3)— 

7 (A) in subparagraph (A) by inserting ‘‘(in8 cluding intercity bus operators, employer-based 

9 commuting programs, such as a carpool pro10 gram, vanpool program, transit benefit program, 

11 parking cash-out program, shuttle program, or 

12 telework program), job access projects,’’ after ‘‘re13 duction’’; and 

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

15 ‘‘(C) CONGESTION MANAGEMENT PLAN.—A 

16 metropolitan planning organization with a 

17 transportation management area may develop a 

18 plan that includes projects and strategies that 

19 will be considered in the TIP of such metropoli20 tan planning organization. Such plan shall— 

21 ‘‘(i) develop regional goals to reduce 

22 vehicle miles traveled during peak com23 muting hours and improve transportation 

24 connections between areas with high job 
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1 concentration and areas with high con2 centrations of low-income households; 

3 ‘‘(ii) identify existing public transpor4 tation services, employer-based commuter 

5 programs, and other existing transportation 

6 services that support access to jobs in the re7 gion; and 

8 ‘‘(iii) identify proposed projects and 

9 programs to reduce congestion and increase 

10 job access opportunities. 

11 ‘‘(D) PARTICIPATION.—In developing the 

12 plan under subparagraph (C), a metropolitan 

13 planning organization shall consult with em14 ployers, private and non-profit providers of pub15 lic transportation, transportation management 

16 organizations, and organizations that provide 

17 job access reverse commute projects or job-related 

18 services to low-income individuals.’’; 

19 (8) in subsection (l)— 

20 (A) by adding a period at the end of para21 graph (1); and 

22 (B) in paragraph (2)(D) by striking ‘‘of less 

23 than 200,000’’ and inserting ‘‘with a population 

24 of 200,000 or less’’; and 
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1 (9) in subsection (p) by striking ‘‘Funds set 

2 aside under section 104(f)’’ and inserting ‘‘Funds ap3 portioned under section 104(b)(5)’’. 

4 (b) STATEWIDE AND NONMETROPOLITAN TRANSPOR5 TATION PLANNING.—Section 5304 of title 49, United States 

6 Code, is amended— 

7 (1) in subsection (a)(2) by striking ‘‘and bicycle 

8 transportation facilities’’ and inserting ‘‘, bicycle 

9 transportation facilities, and intermodal facilities 

10 that support intercity transportation, including inter11 city buses and intercity bus facilities’’; 

12 (2) in subsection (d)— 

13 (A) in paragraph (1)— 

14 (i) in subparagraph (G) by striking 

15 ‘‘and’’ at the end; 

16 (ii) in subparagraph (H) by striking 

17 the period at the end and inserting ‘‘; and’’; 

18 and 

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

21 ‘‘(I) improve the resilience and reliability of 

22 the transportation system.’’; and 

23 (B) in paragraph (2)— 

24 (i) in subparagraph (B)(ii) by striking 

25 ‘‘urbanized’’; and 
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1 (ii) in subparagraph (C) by striking 

2 ‘‘urbanized’’; and 

3 (3) in subsection (f)(3)(A)(ii)— 

4 (A) by inserting ‘‘public ports,’’ before 

5 ‘‘freight shippers,’’; and 

6 (B) by inserting ‘‘(including intercity bus 

7 operators, employer-based commuting programs, 

8 such as a carpool program, vanpool program, 

9 transit benefit program, parking cash-out pro10 gram, shuttle program, or telework program)’’ 

11 after ‘‘private providers of transportation’’. 

12 SEC. 3004. URBANIZED AREA FORMULA GRANTS. 

13 Section 5307 of title 49, United States Code, is amend14 ed— 

15 (1) in subsection (a)— 

16 (A) by redesignating paragraphs (1) and 

17 (2) as paragraphs (2) and (3), respectively; 

18 (B) by inserting before paragraph (2) (as so 

19 redesignated) the following: 

20 ‘‘(1) RECIPIENT DEFINED.—In this section, the 

21 term ‘recipient’ means a designated recipient, State, 

22 or local governmental authority that receives a grant 

23 under this section directly from the Government.’’; 

24 (C) in paragraph (3) (as so redesignated) 

25 by inserting ‘‘or demand response service, exclud-
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•HR 22 EAH 

1 ing ADA complementary paratransit service,’’ 

2 before ‘‘during’’ each place it appears; and 

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

4 ‘‘(4) EXCEPTION TO THE SPECIAL RULE.—Not5 withstanding paragraph (3), if a public transpor6 tation system described in such paragraph executes a 

7 written agreement with 1 or more other public trans8 portation systems to allocate funds under this sub9 section, other than by measuring vehicle revenue 

10 hours, each of the public transportation systems to the 

11 agreement may follow the terms of such agreement 

12 without regard to the percentages or the measured ve13 hicle revenue hours referred to in such paragraph.’’; 

14 and 

15 (2) in subsection (c)(1)(K)(i) by striking ‘‘1 per16 cent’’ and inserting ‘‘one-half of 1 percent’’. 

17 SEC. 3005. FIXED GUIDEWAY CAPITAL INVESTMENT 

18 GRANTS. 

19 Section 5309 of title 49, United States Code, is amend20 ed— 

21 (1) in subsection (a)(6)— 

22 (A) in subparagraph (A) by inserting ‘‘, 

23 small start projects,’’ after ‘‘new fixed guideway 

24 capital projects’’; and 
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1 (B) by striking subparagraph (B) and in2 serting the following: 

3 ‘‘(B) 2 or more projects that are any com4 bination of new fixed guideway capital projects, 

5 small start projects, and core capacity improve6 ment projects.’’; 

7 (2) in subsection (h)(6)— 

8 (A) by striking ‘‘In carrying out’’ and in9 serting the following: 

10 ‘‘(A) IN GENERAL.—In carrying out’’; and 

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

12 ‘‘(B) OPTIONAL EARLY RATING.—At the re13 quest of the project sponsor, the Secretary shall 

14 evaluate and rate the project in accordance with 

15 paragraphs (4) and (5) and subparagraph (A) of 

16 this paragraph upon completion of the analysis 

17 required under the National Environmental Pol18 icy Act of 1969 (42 U.S.C. 4321 et seq.).’’; 

19 (3) in subsection (i)— 

20 (A) in paragraph (1) by striking ‘‘sub21 section (d) or (e)’’ and inserting ‘‘subsection (d), 

22 (e), or (h)’’; 

23 (B) in paragraph (2)— 

24 (i) in the matter preceding subpara25 graph (A) by inserting ‘‘new fixed guideway 
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1 capital project or core capacity improve2 ment’’ after ‘‘federally funded’’; 

3 (ii) by striking subparagraph (D) and 

4 inserting the following: 

5 ‘‘(D) the program of interrelated projects, 

6 when evaluated as a whole— 

7 ‘‘(i) meets the requirements of sub8 section (d)(2), subsection (e)(2), or para9 graphs (3) and (4) of subsection (h), as ap10 plicable, if the program is comprised en11 tirely of— 

12 ‘‘(I) new fixed guideway capital 

13 projects; 

14 ‘‘(II) core capacity improvement 

15 projects; or 

16 ‘‘(III) small start projects; or 

17 ‘‘(ii) meets the requirements of sub18 section (d)(2) if the program is comprised of 

19 any combination of new fixed guideway 

20 projects, small start projects, and core ca21 pacity improvement projects.’’; 

22 (C) by striking paragraph (3)(A) and in23 serting the following: 

24 ‘‘(A) PROJECT ADVANCEMENT.—A project 

25 receiving a grant under this section that is part 
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1 of a program of interrelated projects may not 

2 advance— 

3 ‘‘(i) in the case of a small start project, 

4 from the project development phase to the 

5 construction phase unless the Secretary de6 termines that the program of interrelated 

7 projects meets the applicable requirements of 

8 this section and there is a reasonable likeli9 hood that the program will continue to meet 

10 such requirements; or 

11 ‘‘(ii) in the case of a new fixed guide12 way capital project or a core capacity im13 provement project, from the project develop14 ment phase to the engineering phase, or 

15 from the engineering phase to the construc16 tion phase, unless the Secretary determines 

17 that the program of interrelated projects 

18 meets the applicable requirements of this 

19 section and there is a reasonable likelihood 

20 that the program will continue to meet such 

21 requirements.’’; 

22 (4) in subsection (l)— 

23 (A) by striking paragraph (1) and inserting 

24 the following: 
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1 ‘‘(1) IN GENERAL.—Based on engineering stud2 ies, studies of economic feasibility, and information 

3 on the expected use of equipment or facilities, the Sec4 retary shall estimate the net capital project cost. A 

5 grant for a new fixed guideway project shall not ex6 ceed 80 percent of the net capital project cost. A full 

7 funding grant agreement for a new fixed guideway 

8 project shall not include a share of more than 50 per9 cent from the funds made available under this section. 

10 Funds made available under section 133 of title 23, 

11 United States Code, may not be used for a grant 

12 agreement under subsection (d). A grant for a core ca13 pacity project shall not exceed 80 percent of the net 

14 capital project cost of the incremental cost to increase 

15 the capacity in the corridor. A grant for a small start 

16 project shall not exceed 80 percent of the net capital 

17 project costs.’’; and 

18 (B) by striking paragraph (4) and inserting 

19 the following: 

20 ‘‘(4) REMAINING COSTS.—The remainder of the 

21 net project costs shall be provided— 

22 ‘‘(A) in cash from non-Government sources 

23 other than revenues from providing public trans24 portation services; 
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1 ‘‘(B) from revenues from the sale of adver2 tising and concessions; 

3 ‘‘(C) from an undistributed cash surplus, a 

4 replacement or depreciation cash fund or reserve, 

5 or new capital; or 

6 ‘‘(D) from amounts appropriated or other7 wise made available to a department or agency 

8 of the Government (other than the Department of 

9 Transportation) that are eligible to be expended 

10 for transportation.’’; 

11 (5) by striking subsection (n) and redesignating 

12 subsection (o) as subsection (n); and 

13 (6) by adding at the end the following: 

14 ‘‘(o) SPECIAL RULE.—For the purposes of calculating 

15 the cost effectiveness of a project described in subsection (d) 

16 or (e), the Secretary shall not reduce or eliminate the cap17 ital costs of art and landscaping elements from the 

18 annualized capital cost calculation.’’. 

19 SEC. 3006. FORMULA GRANTS FOR ENHANCED MOBILITY OF 

20 SENIORS AND INDIVIDUALS WITH DISABIL21 ITIES. 

22 Section 5310 of title 49, United States Code, is amend23 ed by adding at the end the following: 

24 ‘‘(i) BEST PRACTICES.—The Secretary shall collect 

25 from, review, and disseminate to public transit agencies in-
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1 novative practices, program models, new service delivery 

2 options, findings from activities under subsection (h), and 

3 transit cooperative research program reports.’’. 

4 SEC. 3007. FORMULA GRANTS FOR RURAL AREAS. 

5 Section 5311(g)(3) of title 49, United States Code, is 

6 amended— 

7 (1) by redesignating subparagraphs (A) through 

8 (D) as subparagraphs (C) through (F), respectively; 

9 (2) by inserting before subparagraph (C) (as so 

10 redesignated) the following: 

11 ‘‘(A) may be provided in cash from non12 Government sources other than revenues from 

13 providing public transportation services; 

14 ‘‘(B) may be provided from revenues from 

15 the sale of advertising and concessions;’’; and 

16 (3) in subparagraph (F) (as so redesignated) by 

17 inserting ‘‘, including all operating and capital costs 

18 of such service whether or not offset by revenue from 

19 such service,’’ after ‘‘the costs of a private operator for 

20 the unsubsidized segment of intercity bus service’’. 

21 SEC. 3008. PUBLIC TRANSPORTATION INNOVATION. 

22 (a) CONSOLIDATION OF PROGRAMS.—Section 5312 of 

23 title 49, United States Code, is amended— 

24 (1) by striking the section designation and head25 ing and inserting the following: 
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1 ‘‘§ 5312. Public transportation innovation’’; 

2 (2) by redesignating subsections (a) through (f) 

3 as subsections (b) through (g), respectively; 

4 (3) by inserting before subsection (b) (as so re5 designated) the following: 

6 ‘‘(a) IN GENERAL.—The Secretary shall provide assist7 ance for projects and activities to advance innovative public 

8 transportation research and development in accordance 

9 with the requirements of this section.’’; 

10 (4) in subsection (e)(5) (as so redesignated)— 

11 (A) in subparagraph (A) by striking clause 

12 (vi) and redesignating clause (vii) as clause (vi); 

13 (B) in subparagraph (B) by striking ‘‘re14 cipients’’ and inserting ‘‘participants’’; 

15 (C) in subparagraph (C) by striking clause 

16 (ii) and inserting the following: 

17 ‘‘(ii) GOVERNMENT SHARE OF COSTS

18 FOR CERTAIN PROJECTS.—A grant for a 

19 project carried out under this paragraph 

20 shall be 80 percent of the net project cost of 

21 the project unless the grant recipient re22 quests a lower grant percentage.’’; and 

23 (D) by striking subparagraph (G); 

24 (5) in subsection (f) (as so redesignated)— 

25 (A) by striking ‘‘(f)’’ and all that follows be26 fore paragraph (1) and inserting the following: 
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1 ‘‘(f) ANNUAL REPORT ON RESEARCH.—Not later than 

2 the first Monday in February of each year, the Secretary 

3 shall make available to the public on the Web site of the 

4 Department of Transportation, a report that includes—’’; 

5 (B) in paragraph (1) by adding ‘‘and’’ at 

6 the end; 

7 (C) in paragraph (2) by striking ‘‘; and’’ 

8 and inserting a period; and 

9 (D) by striking paragraph (3); and 

10 (6) by adding at the end the following: 

11 ‘‘(h) TRANSIT COOPERATIVE RESEARCH PROGRAM.— 

12 ‘‘(1) IN GENERAL.—The amounts made available 

13 under section 5338(b) are available for a public 

14 transportation cooperative research program. 

15 ‘‘(2) INDEPENDENT GOVERNING BOARD.— 

16 ‘‘(A) ESTABLISHMENT.—The Secretary shall 

17 establish an independent governing board for the 

18 program under this subsection. 

19 ‘‘(B) RECOMMENDATIONS.—The board shall 

20 recommend public transportation research, devel21 opment, and technology transfer activities the 

22 Secretary considers appropriate. 

23 ‘‘(3) FEDERAL ASSISTANCE.—The Secretary may 

24 make grants to, and enter into cooperative agreements 

25 with, the National Academy of Sciences to carry out 
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1 activities under this subsection that the Secretary 

2 considers appropriate. 

3 ‘‘(4) GOVERNMENT’S SHARE.—If there would be 

4 a clear and direct financial benefit to an entity under 

5 a grant or contract financed under this subsection, 

6 the Secretary shall establish a Government share con7 sistent with that benefit. 

8 ‘‘(5) LIMITATION ON APPLICABILITY.—Sub9 sections (f) and (g) shall not apply to activities car10 ried out under this subsection.’’. 

11 (b) CONFORMING AMENDMENTS.—Section 5312 of such 

12 title (as amended by subsection (a) of this section) is further 

13 amended— 

14 (1) in subsection (c)(1) by striking ‘‘subsection 

15 (a)(2)’’ and inserting ‘‘subsection (b)(2)’’; 

16 (2) in subsection (d)— 

17 (A) in paragraph (1) by striking ‘‘sub18 section (a)(2)’’ and inserting ‘‘subsection (b)(2)’’; 

19 and 

20 (B) in paragraph (2)(A) by striking ‘‘sub21 section (b)’’ and inserting ‘‘subsection (c)’’; 

22 (3) in subsection (e)(2) in each of subparagraphs 

23 (A) and (B) by striking ‘‘subsection (a)(2)’’ and in24 serting ‘‘subsection (b)(2)’’; and 
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1 (4) in subsection (f)(2) by striking ‘‘subsection 

2 (d)(4)’’ and inserting ‘‘subsection (e)(4)’’. 

3 (c) REPEAL.—Section 5313 of such title, and the item 

4 relating to that section in the analysis for chapter 53 of 

5 such title, are repealed. 

6 (d) CLERICAL AMENDMENT.—The analysis for chapter 

7 53 of such title is amended by striking the item relating 

8 to section 5312 and inserting the following: 

‘‘5312. Public transportation innovation.’’. 

9 SEC. 3009. TECHNICAL ASSISTANCE AND WORKFORCE DE10 VELOPMENT. 

11 (a) IN GENERAL.—Section 5314 of title 49, United 

12 States Code, is amended to read as follows: 

13 ‘‘§ 5314. Technical assistance and workforce develop14 ment 

15 ‘‘(a) TECHNICAL ASSISTANCE AND STANDARDS.— 

16 ‘‘(1) TECHNICAL ASSISTANCE AND STANDARDS

17 DEVELOPMENT.— 

18 ‘‘(A) IN GENERAL.—The Secretary may 

19 make grants and enter into contracts, coopera20 tive agreements, and other agreements (including 

21 agreements with departments, agencies, and in22 strumentalities of the Government) to carry out 

23 activities that the Secretary determines will as24 sist recipients of assistance under this chapter 

25 to— 
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1 ‘‘(i) more effectively and efficiently 

2 provide public transportation service; 

3 ‘‘(ii) administer funds received under 

4 this chapter in compliance with Federal 

5 law; and 

6 ‘‘(iii) improve public transportation. 

7 ‘‘(B) ELIGIBLE ACTIVITIES.—The activities 

8 carried out under subparagraph (A) may in9 clude— 

10 ‘‘(i) technical assistance; and 

11 ‘‘(ii) the development of voluntary and 

12 consensus-based standards and best prac13 tices by the public transportation industry, 

14 including standards and best practices for 

15 safety, fare collection, intelligent transpor16 tation systems, accessibility, procurement, 

17 security, asset management to maintain a 

18 state of good repair, operations, mainte19 nance, vehicle propulsion, communications, 

20 and vehicle electronics. 

21 ‘‘(2) TECHNICAL ASSISTANCE.—The Secretary, 

22 through a competitive bid process, may enter into 

23 contracts, cooperative agreements, and other agree24 ments with national nonprofit organizations that 

25 have the appropriate demonstrated capacity to pro-
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1 vide public-transportation-related technical assistance 

2 under this subsection. The Secretary may enter into 

3 such contracts, cooperative agreements, and other 

4 agreements to assist providers of public transpor5 tation to— 

6 ‘‘(A) comply with the Americans with Dis7 abilities Act of 1990 (42 U.S.C. 12101 et seq.) 

8 through technical assistance, demonstration pro9 grams, research, public education, and other ac10 tivities related to complying with such Act; 

11 ‘‘(B) comply with human services transpor12 tation coordination requirements and to enhance 

13 the coordination of Federal resources for human 

14 services transportation with those of the Depart15 ment of Transportation through technical assist16 ance, training, and support services related to 

17 complying with such requirements; 

18 ‘‘(C) meet the transportation needs of elder19 ly individuals; 

20 ‘‘(D) increase transit ridership in coordina21 tion with metropolitan planning organizations 

22 and other entities through development around 

23 public transportation stations through technical 

24 assistance and the development of tools, guid-
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1 ance, and analysis related to market-based devel2 opment around transit stations; 

3 ‘‘(E) address transportation equity with re4 gard to the effect that transportation planning, 

5 investment, and operations have for low-income 

6 and minority individuals; 

7 ‘‘(F) facilitate best practices to promote bus 

8 driver safety; 

9 ‘‘(G) meet the requirements of sections 

10 5323(j) and 5323(m); 

11 ‘‘(H) assist with the development and de12 ployment of zero emission transit technologies; 

13 and 

14 ‘‘(I) any other technical assistance activity 

15 that the Secretary determines is necessary to ad16 vance the interests of public transportation. 

17 ‘‘(3) ANNUAL REPORT ON TECHNICAL ASSIST18 ANCE.—Not later than the first Monday in February 

19 of each year, the Secretary shall submit to the Com20 mittee on Banking, Housing, and Urban Affairs and 

21 the Committee on Appropriations of the Senate and 

22 the Committee on Transportation and Infrastructure, 

23 the Committee on Science, Space, and Technology, 

24 and the Committee on Appropriations of the House of 

25 Representatives a report that includes— 
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1 ‘‘(A) a description of each project that re2 ceived assistance under this subsection during 

3 the preceding fiscal year; 

4 ‘‘(B) an evaluation of the activities carried 

5 out by each organization that received assistance 

6 under this subsection during the preceding fiscal 

7 year; 

8 ‘‘(C) a proposal for allocations of amounts 

9 for assistance under this subsection for the subse10 quent fiscal year; and 

11 ‘‘(D) measurable outcomes and impacts of 

12 the programs funded under subsections (b) and 

13 (c). 

14 ‘‘(4) GOVERNMENT SHARE OF COSTS.— 

15 ‘‘(A) IN GENERAL.—The Government share 

16 of the cost of an activity carried out using a 

17 grant under this subsection may not exceed 80 

18 percent. 

19 ‘‘(B) NON-GOVERNMENT SHARE.—The non20 Government share of the cost of an activity car21 ried out using a grant under this subsection may 

22 be derived from in-kind contributions. 

23 ‘‘(b) HUMAN RESOURCES AND TRAINING.— 

24 ‘‘(1) IN GENERAL.—The Secretary may under25 take, or make grants and contracts for, programs that 
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•HR 22 EAH 

1 address human resource needs as they apply to public 

2 transportation activities. A program may include— 

3 ‘‘(A) an employment training program; 

4 ‘‘(B) an outreach program to increase vet5 eran, female, individual with a disability, mi6 nority (including American Indian or Alaska 

7 Native, Asian, Black or African American, na8 tive Hawaiian or other Pacific Islander, and 

9 Hispanic) employment in public transportation 

10 activities; 

11 ‘‘(C) research on public transportation per12 sonnel and training needs; 

13 ‘‘(D) training and assistance for veteran 

14 and minority business opportunities; and 

15 ‘‘(E) consensus-based national training 

16 standards and certifications in partnership with 

17 industry stakeholders. 

18 ‘‘(2) INNOVATIVE PUBLIC TRANSPORTATION

19 FRONTLINE WORKFORCE DEVELOPMENT PROGRAM.— 

20 ‘‘(A) IN GENERAL.—The Secretary shall es21 tablish a competitive grant program to assist the 

22 development of innovative activities eligible for 

23 assistance under subparagraph (1). 

24 ‘‘(B) ELIGIBLE PROGRAMS.—A program eli25 gible for assistance under subsection (a) shall— 
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1 ‘‘(i) develop apprenticeships for transit 

2 maintenance and operations occupations, 

3 including hands-on, peer trainer, classroom 

4 and on-the-job training as well as training 

5 for instructors and on-the-job mentors; 

6 ‘‘(ii) build local, regional, and state7 wide transit training partnerships in co8 ordination with entities such as local em9 ployers, local public transportation opera10 tors, labor union organizations, workforce 

11 development boards, State workforce agen12 cies, State apprenticeship agencies (where 

13 applicable), and community colleges and 

14 university transportation centers, to iden15 tify and address workforce skill gaps and 

16 develop skills needed for delivering quality 

17 transit service and supporting employee ca18 reer advancement; 

19 ‘‘(iii) provide improved capacity for 

20 safety, security, and emergency prepared21 ness in local transit systems through— 

22 ‘‘(I) developing the role of the 

23 frontline workforce in building and 

24 sustaining safety culture and safety 
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1 systems in the industry and in indi2 vidual public transportation systems; 

3 ‘‘(II) specific training, in coordi4 nation with the National Transit In5 stitute, on security and emergency pre6 paredness, including protocols for co7 ordinating with first responders and 

8 working with the broader community 

9 to address natural disasters or other 

10 threats to transit systems; and 

11 ‘‘(III) training to address front12 line worker roles in promoting health 

13 and safety for transit workers and the 

14 riding public, and improving commu15 nication during emergencies between 

16 the frontline workforce and the riding 

17 public; 

18 ‘‘(iv) address current or projected 

19 workforce shortages by developing career 

20 pathway partnerships with high schools, 

21 community colleges, and other community 

22 organizations for recruiting and training 

23 underrepresented populations, including 

24 minorities, women, individuals with dis25 abilities, veterans, and low-income popu-
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1 lations as successful transit employees who 

2 can develop careers in the transit industry; 

3 or 

4 ‘‘(v) address youth unemployment by 

5 directing the Secretary to award grants to 

6 local entities for work-based training and 

7 other work-related and educational strate8 gies and activities of demonstrated effective9 ness to provide unemployed, low-income 

10 young adults and low-income youth with 

11 skills that will lead to employment. 

12 ‘‘(C) SELECTION OF RECIPIENTS.—To the 

13 maximum extent feasible, the Secretary shall se14 lect recipients that— 

15 ‘‘(i) are geographically diverse; 

16 ‘‘(ii) address the workforce and human 

17 resources needs of large public transpor18 tation providers; 

19 ‘‘(iii) address the workforce and 

20 human resources needs of small public 

21 transportation providers; 

22 ‘‘(iv) address the workforce and human 

23 resources needs of urban public transpor24 tation providers; 
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1 ‘‘(v) address the workforce and human 

2 resources needs of rural public transpor3 tation providers; 

4 ‘‘(vi) advance training related to 

5 maintenance of alternative energy, energy 

6 efficiency, or zero emission vehicles and fa7 cilities used in public transportation; 

8 ‘‘(vii) target areas with high rates of 

9 unemployment; 

10 ‘‘(viii) address current or projected 

11 workforce shortages in areas that require 

12 technical expertise; 

13 ‘‘(ix) advance opportunities for mi14 norities, women, veterans, individuals with 

15 disabilities, low-income populations, and 

16 other underserved populations; and 

17 ‘‘(x) address in-demand industry sector 

18 or occupation, as such term is defined in 

19 section 3 of the Workforce Innovation and 

20 Opportunity Act (29 U.S.C. 3102). 

21 ‘‘(D) PROGRAM OUTCOMES.—A recipient of 

22 assistance under this subsection shall dem23 onstrate outcomes for any program that includes 

24 skills training, on-the-job training, and work25 based learning, including— 
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1 ‘‘(i) the impact on reducing public 

2 transportation workforce shortages in the 

3 area served; 

4 ‘‘(ii) the diversity of training partici5 pants; 

6 ‘‘(iii) the number of participants ob7 taining certifications or credentials required 

8 for specific types of employment; 

9 ‘‘(iv) the percentage of program par10 ticipants who are in unsubsidized employ11 ment during the second quarter after exit 

12 from any such program; 

13 ‘‘(v) the percentage of program partici14 pants who are in unsubsidized employment 

15 during the fourth quarter after exit from 

16 any such program; 

17 ‘‘(vi) the median earnings of program 

18 participants who are in unsubsidized em19 ployment during the second quarter after 

20 exit from any such program; 

21 ‘‘(vii) the percentage of program par22 ticipants who obtain a recognized postsec23 ondary credential, or a secondary school di24 ploma or its recognized equivalent, during 
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1 participation in or within 1 year after exit 

2 from any such program; and 

3 ‘‘(viii) the percentage of program par4 ticipants who, during a program year, are 

5 in an education or training program that 

6 leads to a recognized postsecondary creden7 tial or employment and who are achieving 

8 measurable skill gains toward such a cre9 dential or employment. 

10 ‘‘(E) REPORT TO CONGRESS.—The Sec11 retary shall make publically available a report 

12 on the Frontline Workforce Development Pro13 gram for each fiscal year, not later than Decem14 ber 31 of the year in which that fiscal year ends. 

15 The report shall include a detailed description of 

16 activities carried out under this paragraph, an 

17 evaluation of the program, and policy rec18 ommendations to improve program effectiveness. 

19 ‘‘(3) GOVERNMENT’S SHARE OF COSTS.—The 

20 Government share of the cost of a project carried out 

21 using a grant under paragraph (1) or (2) shall be 50 

22 percent. 

23 ‘‘(4) USE FOR TECHNICAL ASSISTANCE.—The 

24 Secretary may use not more than 1 percent of 

25 amounts made available to carry out this section to 
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1 provide technical assistance for activities and pro2 grams developed, conducted, and overseen under para3 graphs (1) and (2). 

4 ‘‘(c) NATIONAL TRANSIT INSTITUTE.— 

5 ‘‘(1) ESTABLISHMENT.—The Secretary shall es6 tablish a national transit institute and award grants 

7 to a public, 4-year institution of higher education, as 

8 defined in section 101(a) of the Higher Education Act 

9 of 1965 (20 U.S.C. 1001(a)), in order to carry out the 

10 duties of the institute. 

11 ‘‘(2) DUTIES.— 

12 ‘‘(A) IN GENERAL.—In cooperation with the 

13 Federal Transit Administration, State transpor14 tation departments, public transportation au15 thorities, and national and international enti16 ties, the institute established under paragraph 

17 (1) shall develop and conduct training and edu18 cational programs for Federal, State, and local 

19 transportation employees, United States citizens, 

20 and foreign nationals engaged or to be engaged 

21 in Government-aid public transportation work. 

22 ‘‘(B) TRAINING AND EDUCATIONAL PRO23 GRAMS.—The training and educational pro24 grams developed under subparagraph (A) may 
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1 include courses in recent developments, tech2 niques, and procedures related to— 

3 ‘‘(i) intermodal and public transpor4 tation planning; 

5 ‘‘(ii) management; 

6 ‘‘(iii) environmental factors; 

7 ‘‘(iv) acquisition and joint-use rights8 of-way; 

9 ‘‘(v) engineering and architectural de10 sign; 

11 ‘‘(vi) procurement strategies for public 

12 transportation systems; 

13 ‘‘(vii) turnkey approaches to delivering 

14 public transportation systems; 

15 ‘‘(viii) new technologies; 

16 ‘‘(ix) emission reduction technologies; 

17 ‘‘(x) ways to make public transpor18 tation accessible to individuals with disabil19 ities; 

20 ‘‘(xi) construction, construction man21 agement, insurance, and risk management; 

22 ‘‘(xii) maintenance; 

23 ‘‘(xiii) contract administration; 

24 ‘‘(xiv) inspection; 

25 ‘‘(xv) innovative finance; 
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1 ‘‘(xvi) workplace safety; and 

2 ‘‘(xvii) public transportation security. 

3 ‘‘(3) PROVIDING EDUCATION AND TRAINING.— 

4 Education and training of Government, State, and 

5 local transportation employees under this subsection 

6 shall be provided— 

7 ‘‘(A) by the Secretary at no cost to the 

8 States and local governments for subjects that 

9 are a Government program responsibility; or 

10 ‘‘(B) when the education and training are 

11 paid under paragraph (4), by the State, with the 

12 approval of the Secretary, through grants and 

13 contracts with public and private agencies, other 

14 institutions, individuals, and the institute. 

15 ‘‘(4) AVAILABILITY OF AMOUNTS.—Not more 

16 than 0.5 percent of the amounts made available for a 

17 fiscal year beginning after September 30, 1991, to a 

18 State or public transportation authority in the State 

19 to carry out sections 5307 and 5309 is available for 

20 expenditure by the State and public transportation 

21 authorities in the State, with the approval of the Sec22 retary, to pay not more than 80 percent of the cost 

23 of tuition and direct educational expenses related to 

24 educating and training State and local transpor25 tation employees under this subsection.’’. 
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1 (b) REPEAL.—Section 5322 of such title, and the item 

2 relating to that section in the analysis for chapter 53 of 

3 such title, are repealed. 

4 (c) CLERICAL AMENDMENT.—The analysis for chapter 

5 53 of such title is amended by striking the item relating 

6 to section 5314 and inserting the following: 

‘‘5314. Technical assistance and workforce development.’’. 

7 SEC. 3010. BICYCLE FACILITIES. 

8 Section 5319 of title 49, United States Code, is amend9 ed— 

10 (1) by striking ‘‘90 percent’’ and inserting ‘‘80 

11 percent’’; and 

12 (2) by striking ‘‘95 percent’’ and inserting ‘‘80 

13 percent’’. 

14 SEC. 3011. GENERAL PROVISIONS. 

15 Section 5323 of title 49, United States Code, is amend16 ed— 

17 (1) in subsection (h)— 

18 (A) in paragraph (1) by striking ‘‘or’’ at 

19 the end; 

20 (B) by redesignating paragraph (2) as 

21 paragraph (3); and 

22 (C) by inserting after paragraph (1) the fol23 lowing: 
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1 ‘‘(2) pay incremental costs of incorporating art 

2 or landscaping into facilities, including the costs of 

3 an artist on the design team; or’’; 

4 (2) in subsection (i) by adding at the end the fol5 lowing: 

6 ‘‘(3) ACQUISITION OF BASE-MODEL BUSES.—A 

7 grant for the acquisition of a base-model bus for use 

8 in public transportation may be not more than 85 

9 percent of the net project cost.’’; 

10 (3) in subsection (j)(2) by striking subparagraph 

11 (C) and inserting the following: 

12 ‘‘(C) when procuring rolling stock (includ13 ing train control, communication, and traction 

14 power equipment) under this chapter— 

15 ‘‘(i) the cost of components and sub16 components produced in the United 

17 States— 

18 ‘‘(I) for fiscal years 2016 and 

19 2017, is more than 60 percent of the 

20 cost of all components of the rolling 

21 stock; 

22 ‘‘(II) for fiscal years 2018 and 

23 2019, is more than 65 percent of the 

24 cost of all components of the rolling 

25 stock; and 
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1 ‘‘(III) for fiscal year 2020 and 

2 each fiscal year thereafter, is more 

3 than 70 percent of the cost of all com4 ponents of the rolling stock; and 

5 ‘‘(ii) final assembly of the rolling stock 

6 has occurred in the United States; or’’; and 

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

8 ‘‘(s) VALUE CAPTURE REVENUE ELIGIBLE FOR LOCAL

9 SHARE.—A recipient of assistance under this chapter may 

10 use the revenue generated from value capture financing 

11 mechanisms as local matching funds for capital projects 

12 and operating costs eligible under this chapter. 

13 ‘‘(t) SPECIAL CONDITION ON CHARTER BUS TRANS14 PORTATION SERVICE.—If, in a fiscal year, the Secretary is 

15 prohibited by law from enforcing regulations related to 

16 charter bus service under part 604 of title 49, Code of Fed17 eral Regulations, for any transit agency that during fiscal 

18 year 2008 was both initially granted a 60-day period to 

19 come into compliance with such part 604, and then was 

20 subsequently granted an exception from such part— 

21 ‘‘(1) the transit agency shall be precluded from 

22 receiving its allocation of urbanized area formula 

23 grant funds for that fiscal year; and 

24 ‘‘(2) any amounts withheld pursuant to para25 graph (1) shall be added to the amount that the Sec-
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1 retary may apportion under section 5336 in the fol2 lowing fiscal year.’’. 

3 SEC. 3012. PUBLIC TRANSPORTATION SAFETY PROGRAM. 

4 Section 5329 of title 49, United States Code, is amend5 ed— 

6 (1) in subsection (b)(2)— 

7 (A) in subparagraph (C) by striking ‘‘and’’ 

8 at the end; 

9 (B) by redesignating subparagraph (D) as 

10 subparagraph (E); and 

11 (C) by inserting after subparagraph (C) the 

12 following: 

13 ‘‘(D) minimum safety standards to ensure 

14 the safe operation of public transportation sys15 tems that— 

16 ‘‘(i) are not related to performance 

17 standards for public transportation vehicles 

18 developed under subparagraph (C); and 

19 ‘‘(ii) to the extent practicable, take into 

20 consideration— 

21 ‘‘(I) relevant recommendations of 

22 the National Transportation Safety 

23 Board; 
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1 ‘‘(II) best practices standards de2 veloped by the public transportation 

3 industry; 

4 ‘‘(III) any minimum safety 

5 standards or performance criteria 

6 being implemented across the public 

7 transportation industry; 

8 ‘‘(IV) relevant recommendations 

9 from the report under section 3018 of 

10 the Surface Transportation Reauthor11 ization and Reform Act of 2015; and 

12 ‘‘(V) any additional information 

13 that the Secretary determines necessary 

14 and appropriate; and’’; 

15 (2) by striking subsection (f) and inserting the 

16 following: 

17 ‘‘(f) AUTHORITY OF SECRETARY.— 

18 ‘‘(1) IN GENERAL.—In carrying out this section, 

19 the Secretary may— 

20 ‘‘(A) conduct inspections, investigations, au21 dits, examinations, and testing of the equipment, 

22 facilities, rolling stock, and operations of the 

23 public transportation system of a recipient; 

24 ‘‘(B) make reports and issue directives with 

25 respect to the safety of the public transportation 
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1 system of a recipient or the public transpor2 tation industry generally; 

3 ‘‘(C) in conjunction with an accident inves4 tigation or an investigation into a pattern or 

5 practice of conduct that negatively affects public 

6 safety, issue a subpoena to, and take the deposi7 tion of, any employee of a recipient or a State 

8 safety oversight agency, if— 

9 ‘‘(i) before the issuance of the sub10 poena, the Secretary requests a determina11 tion by the Attorney General as to whether 

12 the subpoena will interfere with an ongoing 

13 criminal investigation; and 

14 ‘‘(ii) the Attorney General— 

15 ‘‘(I) determines that the subpoena 

16 will not interfere with an ongoing 

17 criminal investigation; or 

18 ‘‘(II) fails to make a determina19 tion under clause (i) before the date 

20 that is 30 days after the date on which 

21 the Secretary makes a request under 

22 clause (i); 

23 ‘‘(D) require the production of documents 

24 by, and prescribe recordkeeping and reporting 
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1 requirements for, a recipient or a State safety 

2 oversight agency; 

3 ‘‘(E) investigate public transportation acci4 dents and incidents and provide guidance to re5 cipients regarding prevention of accidents and 

6 incidents; 

7 ‘‘(F) at reasonable times and in a reason8 able manner, enter and inspect relevant records 

9 of the public transportation system of a recipi10 ent; and 

11 ‘‘(G) issue rules to carry out this section. 

12 ‘‘(2) ADDITIONAL AUTHORITY.— 

13 ‘‘(A) ADMINISTRATION OF STATE SAFETY

14 OVERSIGHT ACTIVITIES.—If the Secretary finds 

15 that a State safety oversight agency that oversees 

16 a rail fixed guideway system operating in more 

17 than 2 States has become incapable of providing 

18 adequate safety oversight of such system, the Sec19 retary may administer State safety oversight ac20 tivities for such rail fixed guideway system until 

21 the States develop a State safety oversight pro22 gram certified by the Secretary in accordance 

23 with subsection (e). 

24 ‘‘(B) FUNDING.—To carry out administra25 tive and oversight activities authorized by this 
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1 paragraph, the Secretary may use grant funds 

2 apportioned to an eligible State under subsection 

3 (e)(6) to develop or carry out a State safety over4 sight program.’’; 

5 (3) in subsection (g)(1)— 

6 (A) in the matter preceding subparagraph 

7 (A) by striking ‘‘an eligible State, as defined in 

8 subsection (e),’’ and inserting ‘‘a recipient’’; 

9 (B) in subparagraph (C) by striking ‘‘and’’ 

10 at the end; 

11 (C) in subparagraph (D) by striking the pe12 riod at the end and inserting ‘‘; or’’; and 

13 (D) by adding at the end the following: 

14 ‘‘(E) withholding not more than 25 percent 

15 of financial assistance under section 5307.’’; and 

16 (4) in subsection (g)(2)— 

17 (A) in subparagraph (A)— 

18 (i) by inserting after ‘‘funds’’ the fol19 lowing: ‘‘or withhold funds’’; and 

20 (ii) by inserting ‘‘or (1)(E)’’ after 

21 ‘‘paragraph (1)(D)’’; 

22 (B) by redesignating subparagraph (B) as 

23 subparagraph (C); and 

24 (C) by inserting after subparagraph (A) the 

25 following: 
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1 ‘‘(B) LIMITATION.—The Secretary may only 

2 withhold funds in accordance with paragraph 

3 (1)(E), if enforcement actions under subpara4 graph (A), (B), (C), or (D) did not bring the re5 cipient into compliance.’’. 

6 SEC. 3013. APPORTIONMENTS. 

7 Section 5336 of title 49, United States Code, is amend8 ed— 

9 (1) in subsection (a) in the matter preceding 

10 paragraph (1) by striking ‘‘subsection (h)(4)’’ and in11 serting ‘‘subsection (g)(5)’’; 

12 (2) in subsection (b)(2)(E) by striking ‘‘22.27 

13 percent’’ and inserting ‘‘27 percent’’; 

14 (3) by striking subsection (g) and redesignating 

15 subsections (h), (i), and (j) as subsections (g), (h), 

16 and (i), respectively; 

17 (4) in subsection (g) (as so redesignated)— 

18 (A) in paragraph (2) by striking ‘‘sub19 section (j)’’ and inserting ‘‘subsection (i)’’; and 

20 (B) by striking paragraph (3) and inserting 

21 the following: 

22 ‘‘(3) of amounts not apportioned under para23 graphs (1) and (2)— 

24 ‘‘(A) for fiscal years 2016 through 2018, 1.5 

25 percent shall be apportioned to urbanized areas 
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1 with populations of less than 200,000 in accord2 ance with subsection (h); and 

3 ‘‘(B) for fiscal years 2019 through 2021, 2 

4 percent shall be apportioned to urbanized areas 

5 with populations of less than 200,000 in accord6 ance with subsection (h);’’; 

7 (5) in subsection (h)(2)(A) (as so redesignated) 

8 by striking ‘‘subsection (h)(3)’’ and inserting ‘‘sub9 section (g)(3)’’; and 

10 (6) in subsection (i) (as so redesignated) by 

11 striking ‘‘subsection (h)(2)’’ and inserting ‘‘subsection 

12 (g)(2)’’. 

13 SEC. 3014. STATE OF GOOD REPAIR GRANTS. 

14 Section 5337 of title 49, United States Code, is amend15 ed— 

16 (1) in subsection (d)— 

17 (A) in paragraph (1) by striking ‘‘on a fa18 cility with access for other high-occupancy vehi19 cles’’ and inserting ‘‘on high-occupancy vehicle 

20 lanes during peak hours’’; 

21 (B) in paragraph (2) by inserting ‘‘vehicle’’ 

22 after ‘‘motorbus’’; and 

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

24 ‘‘(5) USE OF FUNDS.—A recipient in an urban25 ized area may use any portion of the amount appor-
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1 tioned to the recipient under this subsection for high 

2 intensity fixed guideway state of good repair projects 

3 under subsection (c) if the recipient demonstrates to 

4 the satisfaction of the Secretary that the high inten5 sity motorbus public transportation vehicles in the 

6 urbanized area are in a state of good repair.’’; and 

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

8 ‘‘(e) GOVERNMENT SHARE OF COSTS.— 

9 ‘‘(1) CAPITAL PROJECTS.—A grant for a capital 

10 project under this section shall be for 80 percent of the 

11 net project cost of the project. The recipient may pro12 vide additional local matching amounts. 

13 ‘‘(2) REMAINING COSTS.—The remainder of the 

14 net project cost shall be provided— 

15 ‘‘(A) in cash from non-Government sources 

16 other than revenues from providing public trans17 portation services; 

18 ‘‘(B) from revenues derived from the sale of 

19 advertising and concessions; 

20 ‘‘(C) from an undistributed cash surplus, a 

21 replacement or depreciation cash fund or reserve, 

22 or new capital; or 

23 ‘‘(D) from amounts appropriated or other24 wise made available to a department or agency 

25 of the Government (other than the Department of 
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1 Transportation) that are eligible to be expended 

2 for transportation.’’. 

3 SEC. 3015. AUTHORIZATIONS. 

4 Section 5338 of title 49, United States Code, is amend5 ed to read as follows: 

6 ‘‘§ 5338. Authorizations 

7 ‘‘(a) FORMULA GRANTS.— 

8 ‘‘(1) IN GENERAL.—There shall be available from 

9 the Mass Transit Account of the Highway Trust Fund 

10 to carry out sections 5305, 5307, 5310, 5311, 5314(c), 

11 5318, 5335, 5337, 5339, and 5340, and section 

12 20005(b) of the Federal Public Transportation Act of 

13 2012— 

14 ‘‘(A) $8,723,925,000 for fiscal year 2016; 

15 ‘‘(B) $8,879,211,000 for fiscal year 2017; 

16 ‘‘(C) $9,059,459,000 for fiscal year 2018; 

17 ‘‘(D) $9,240,648,000 for fiscal year 2019; 

18 ‘‘(E) $9,429,000,000 for fiscal year 2020; 

19 and 

20 ‘‘(F) $9,617,580,000 for fiscal year 2021. 

21 ‘‘(2) ALLOCATION OF FUNDS.— 

22 ‘‘(A) SECTION 5305.—Of the amounts made 

23 available under paragraph (1), there shall be 

24 available to carry out section 5305— 

25 ‘‘(i) $128,800,000 for fiscal year 2016; 
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1 ‘‘(ii) $128,800,000 for fiscal year 2017; 

2 ‘‘(iii) $131,415,000 for fiscal year 

3 2018; 

4 ‘‘(iv) $134,043,000 for fiscal year 2019; 

5 ‘‘(v) $136,775,000 for fiscal year 2020; 

6 and 

7 ‘‘(vi) $139,511,000 for fiscal year 2021. 

8 ‘‘(B) PILOT PROGRAM.—$10,000,000 for 

9 each of fiscal years 2016 through 2021, shall be 

10 available to carry out section 20005(b) of the 

11 Federal Public Transportation Act of 2012; 

12 ‘‘(C) SECTION 5307.—Of the amounts made 

13 available under paragraph (1), there shall be al14 located in accordance with section 5336 to pro15 vide financial assistance for urbanized areas 

16 under section 5307— 

17 ‘‘(i) $4,458,650,000 for fiscal year 

18 2016; 

19 ‘‘(ii) $4,458,650,000 for fiscal year 

20 2017; 

21 ‘‘(iii) $4,549,161,000 for fiscal year 

22 2018; 

23 ‘‘(iv) $4,640,144,000 for fiscal year 

24 2019; 
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1 ‘‘(v) $4,734,724,000 for fiscal year 

2 2020; and 

3 ‘‘(vi) $4,829,418,000 for fiscal year 

4 2021. 

5 ‘‘(D) SECTION 5310.—Of the amounts made 

6 available under paragraph (1), there shall be 

7 available to provide financial assistance for serv8 ices for the enhanced mobility of seniors and in9 dividuals with disabilities under section 5310— 

10 ‘‘(i) $262,175,000 for fiscal year 2016; 

11 ‘‘(ii) $266,841,000 for fiscal year 2017; 

12 ‘‘(iii) $272,258,000 for fiscal year 

13 2018; 

14 ‘‘(iv) $277,703,000 for fiscal year 2019; 

15 ‘‘(v) $283,364,000 for fiscal year 2020; 

16 and 

17 ‘‘(vi) $289,031,000 for fiscal year 2021. 

18 ‘‘(E) SECTION 5311.— 

19 ‘‘(i) IN GENERAL.—Of the amounts 

20 made available under paragraph (1), there 

21 shall be available to provide financial as22 sistance for rural areas under section 

23 5311— 

24 ‘‘(I) $607,800,000 for fiscal year 

25 2016; 
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1 ‘‘(II) $607,800,000 for fiscal year 

2 2017; 

3 ‘‘(III) $620,138,000 for fiscal year 

4 2018; 

5 ‘‘(IV) $632,541,000 for fiscal year 

6 2019; 

7 ‘‘(V) $645,434,000 for fiscal year 

8 2020; and 

9 ‘‘(VI) $658,343,000 for fiscal year 

10 2021. 

11 ‘‘(ii) SUBALLOCATION.—Of the 

12 amounts made available under clause (i)— 

13 ‘‘(I) there shall be available to 

14 carry out section 5311(c)(1) not less 

15 than $30,000,000 for each of fiscal 

16 years 2016 through 2021; and 

17 ‘‘(II) there shall be available to 

18 carry out section 5311(c)(2) not less 

19 than $20,000,000 for each of fiscal 

20 years 2016 through 2021. 

21 ‘‘(F) SECTION 5314(c).—Of the amounts 

22 made available under paragraph (1), there shall 

23 be available for the national transit institute 

24 under section 5314(c) $5,000,000 for each of fis25 cal years 2016 through 2021. 
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1 ‘‘(G) SECTION 5318.—Of the amounts made 

2 available under paragraph (1), there shall be 

3 available for bus testing under section 5318 

4 $3,000,000 for each of fiscal years 2016 through 

5 2021. 

6 ‘‘(H) SECTION 5335.—Of the amounts made 

7 available under paragraph (1), there shall be 

8 available to carry out section 5335 $3,850,000 

9 for each of fiscal years 2016 through 2021. 

10 ‘‘(I) SECTION 5337.—Of the amounts made 

11 available under paragraph (1), there shall be 

12 available to carry out section 5337— 

13 ‘‘(i) $2,198,389,000 for fiscal year 

14 2016; 

15 ‘‘(ii) $2,237,520,000 for fiscal year 

16 2017; 

17 ‘‘(iii) $2,282,941,000 for fiscal year 

18 2018; 

19 ‘‘(iv) $2,328,600,000 for fiscal year 

20 2019; 

21 ‘‘(v) $2,376,064,000 for fiscal year 

22 2020; and 

23 ‘‘(vi) $2,423,585,000 for fiscal year 

24 2021. 
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1 ‘‘(J) SECTION 5339(c).—Of the amounts 

2 made available under paragraph (1), there shall 

3 be available for bus and bus facilities programs 

4 under section 5339(c)— 

5 ‘‘(i) $430,000,000 for fiscal year 2016; 

6 ‘‘(ii) $431,850,000 for fiscal year 2017; 

7 ‘‘(iii) $445,120,000 for fiscal year 

8 2018; 

9 ‘‘(iv) $458,459,000 for fiscal year 2019; 

10 ‘‘(v) $472,326,000 for fiscal year 2020; 

11 and 

12 ‘‘(vi) $486,210,000 for fiscal year 2021. 

13 ‘‘(K) SECTION 5339(d).—Of the amounts 

14 made available under paragraph (1), there shall 

15 be available for bus and bus facilities competitive 

16 grants under 5339(d)— 

17 ‘‘(i) $352,950,000 for fiscal year 2016; 

18 ‘‘(ii) $462,950,000 for fiscal year 2017; 

19 ‘‘(iii) $468,288,000 for fiscal year 

20 2018; 

21 ‘‘(iv) $473,653,500 for fiscal year 2019; 

22 ‘‘(v) $479,231,500 for fiscal year 2020; 

23 and 

24 ‘‘(vi) $484,816,000 for fiscal year 2021; 
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1 ‘‘(L) SECTION 5340.—Of the amounts made 

2 available under paragraph (1), there shall be al3 located in accordance with section 5340 to pro4 vide financial assistance for urbanized areas 

5 under section 5307 and rural areas under section 

6 5311— 

7 ‘‘(i) $262,950,000 for fiscal year 2016; 

8 ‘‘(ii) $262,950,000 for fiscal year 2017; 

9 ‘‘(iii) $268,288,000 for fiscal year 

10 2018; 

11 ‘‘(iv) $273,653,500 for fiscal year 2019; 

12 ‘‘(v) $279,231,500 for fiscal year 2020; 

13 and 

14 ‘‘(vi) $284,816,000 for fiscal year 2021. 

15 ‘‘(b) RESEARCH, DEVELOPMENT DEMONSTRATION AND

16 DEPLOYMENT PROJECTS.—There are authorized to be ap17 propriated to carry out section 5312— 

18 ‘‘(1) $33,495,000 for fiscal year 2016; 

19 ‘‘(2) $34,091,000 for fiscal year 2017; 

20 ‘‘(3) $34,783,000 for fiscal year 2018; 

21 ‘‘(4) $35,479,000 for fiscal year 2019; 

22 ‘‘(5) $36,202,000 for fiscal year 2020; and 

23 ‘‘(6) $36,926,000 for fiscal year 2021. 
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1 ‘‘(c) TECHNICAL ASSISTANCE, STANDARDS, AND

2 WORKFORCE DEVELOPMENT.—There are authorized to be 

3 appropriated to carry out section 5314— 

4 ‘‘(1) $6,156,000 for fiscal year 2016; 

5 ‘‘(2) $8,152,000 for fiscal year 2017; 

6 ‘‘(3) $10,468,000 for fiscal year 2018; 

7 ‘‘(4) $12,796,000 for fiscal year 2019; 

8 ‘‘(5) $15,216,000 for fiscal year 2020; and 

9 ‘‘(6) $17,639,000 for fiscal year 2021. 

10 ‘‘(d) CAPITAL INVESTMENT GRANTS.—There are au11 thorized to be appropriated to carry out section 5309— 

12 ‘‘(1) $2,029,000,000 for fiscal year 2016; 

13 ‘‘(2) $2,065,000,000 for fiscal year 2017; 

14 ‘‘(3) $2,106,000,000 for fiscal year 2018; 

15 ‘‘(4) $2,149,000,000 for fiscal year 2019; 

16 ‘‘(5) $2,193,000,000 for fiscal year 2020; and 

17 ‘‘(6) $2,237,000,000 for fiscal year 2021. 

18 ‘‘(e) ADMINISTRATION.— 

19 ‘‘(1) IN GENERAL.—There are authorized to be 

20 appropriated to carry out section 5334, $105,933,000 

21 for fiscal years 2016 through 2021. 

22 ‘‘(2) SECTION 5329.—Of the amounts authorized 

23 to be appropriated under paragraph (1), not less than 

24 $4,500,000 for each of fiscal years 2016 through 2021 

25 shall be available to carry out section 5329. 
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1 ‘‘(3) SECTION 5326.—Of the amounts made avail2 able under paragraph (1), not less than $1,000,000 

3 for each of fiscal years 2016 through 2021 shall be 

4 available to carry out section 5326. 

5 ‘‘(f) PERIOD OF AVAILABILITY.—Amounts made avail6 able by or appropriated under this section shall remain 

7 available for obligation for a period of 3 years after the 

8 last day of the fiscal year for which the funds are author9 ized. 

10 ‘‘(g) GRANTS AS CONTRACTUAL OBLIGATIONS.— 

11 ‘‘(1) GRANTS FINANCED FROM HIGHWAY TRUST

12 FUND.—A grant or contract that is approved by the 

13 Secretary and financed with amounts made available 

14 from the Mass Transit Account of the Highway Trust 

15 Fund pursuant to this section is a contractual obliga16 tion of the Government to pay the Government share 

17 of the cost of the project. 

18 ‘‘(2) GRANTS FINANCED FROM GENERAL FUND.— 

19 A grant or contract that is approved by the Secretary 

20 and financed with amounts appropriated in advance 

21 from the general fund of the Treasury pursuant to 

22 this section is a contractual obligation of the Govern23 ment to pay the Government share of the cost of the 

24 project only to the extent that amounts are appro25 priated for such purpose by an Act of Congress. 
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1 ‘‘(h) OVERSIGHT.— 

2 ‘‘(1) IN GENERAL.—Of the amounts made avail3 able to carry out this chapter for a fiscal year, the 

4 Secretary may use not more than the following 

5 amounts for the activities described in paragraph (2): 

6 ‘‘(A) 0.5 percent of amounts made available 

7 to carry out section 5305. 

8 ‘‘(B) 0.75 percent of amounts made avail9 able to carry out section 5307. 

10 ‘‘(C) 1 percent of amounts made available 

11 to carry out section 5309. 

12 ‘‘(D) 1 percent of amounts made available 

13 to carry out section 601 of the Passenger Rail 

14 Investment and Improvement Act of 2008 (Pub15 lic Law 110–432; 122 Stat. 4968). 

16 ‘‘(E) 0.5 percent of amounts made available 

17 to carry out section 5310. 

18 ‘‘(F) 0.5 percent of amounts made available 

19 to carry out section 5311. 

20 ‘‘(G) 0.75 percent of amounts made avail21 able to carry out section 5337(c), of which not 

22 less than 0.25 percent shall be available to carry 

23 out section 5329. 

24 ‘‘(H) 0.75 percent of amounts made avail25 able to carry out section 5339. 
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1 ‘‘(2) ACTIVITIES.—The activities described in 

2 this paragraph are as follows: 

3 ‘‘(A) Activities to oversee the construction of 

4 a major capital project. 

5 ‘‘(B) Activities to review and audit the safe6 ty and security, procurement, management, and 

7 financial compliance of a recipient or sub8 recipient of funds under this chapter. 

9 ‘‘(C) Activities to provide technical assist10 ance generally, and to provide technical assist11 ance to correct deficiencies identified in compli12 ance reviews and audits carried out under this 

13 section. 

14 ‘‘(3) GOVERNMENT SHARE OF COSTS.—The Gov15 ernment shall pay the entire cost of carrying out a 

16 contract under this subsection. 

17 ‘‘(4) AVAILABILITY OF CERTAIN FUNDS.—Funds 

18 made available under paragraph (1)(C) shall be 

19 available to the Secretary before allocating the funds 

20 appropriated to carry out any project under a full 

21 funding grant agreement.’’. 

22 SEC. 3016. BUS AND BUS FACILITY GRANTS. 

23 (a) IN GENERAL.—Section 5339 of title 49, United 

24 States Code, is amended to read as follows: 
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1 ‘‘§ 5339. Bus and bus facility grants 

2 ‘‘(a) GENERAL AUTHORITY.—The Secretary may make 

3 grants under this section to assist eligible recipients de4 scribed in subsection (b)(1) in financing capital projects— 

5 ‘‘(1) to replace, rehabilitate, and purchase buses 

6 and related equipment; and 

7 ‘‘(2) to construct bus-related facilities. 

8 ‘‘(b) ELIGIBLE RECIPIENTS AND SUBRECIPIENTS.— 

9 ‘‘(1) RECIPIENTS.—Eligible recipients under this 

10 section are designated recipients that operate fixed 

11 route bus service or that allocate funding to fixed 

12 route bus operators. 

13 ‘‘(2) SUBRECIPIENTS.—A designated recipient 

14 that receives a grant under this section may allocate 

15 amounts of the grant to subrecipients that are public 

16 agencies or private nonprofit organizations engaged 

17 in public transportation. 

18 ‘‘(c) FORMULA GRANT DISTRIBUTION OF FUNDS.— 

19 ‘‘(1) IN GENERAL.—Funds made available for 

20 making grants under this subsection shall be distrib21 uted as follows: 

22 ‘‘(A) NATIONAL DISTRIBUTION.— 

23 $65,500,000 for each of fiscal years 2016 through 

24 2021 shall be allocated to all States and terri25 tories, with each State receiving $1,250,000, and 
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1 each territory receiving $500,000, for each such 

2 fiscal year. 

3 ‘‘(B) DISTRIBUTION USING POPULATION

4 AND SERVICE FACTORS.—The remainder of the 

5 funds not otherwise distributed under paragraph 

6 (1) shall be allocated pursuant to the formula set 

7 forth in section 5336 (other than subsection (b) 

8 of that section). 

9 ‘‘(2) TRANSFERS OF APPORTIONMENTS.— 

10 ‘‘(A) TRANSFER FLEXIBILITY FOR NATIONAL

11 DISTRIBUTION FUNDS.—The Governor of a State 

12 may transfer any part of the State’s apportion13 ment under subparagraph (A) to supplement— 

14 ‘‘(i) amounts apportioned to the State 

15 under section 5311(c); or 

16 ‘‘(ii) amounts apportioned to urban17 ized areas under subsections (a) and (c) of 

18 section 5336. 

19 ‘‘(B) TRANSFER FLEXIBILITY FOR POPU20 LATION AND SERVICE FACTORS FUNDS.—The 

21 Governor of a State may expend in an urbanized 

22 area with a population of less than 200,000 any 

23 amounts apportioned under paragraph (1)(B) 

24 that are not allocated to designated recipients in 
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1 urbanized areas with a population of 200,000 or 

2 more. 

3 ‘‘(3) PERIOD OF AVAILABILITY TO RECIPIENTS.— 

4 ‘‘(A) IN GENERAL.—Amounts made avail5 able under this subsection may be obligated by a 

6 recipient for 3 years after the fiscal year in 

7 which the amount is apportioned. 

8 ‘‘(B) REAPPORTIONMENT OF UNOBLIGATED

9 AMOUNTS.—Not later than 30 days after the end 

10 of the 3-year period described in subparagraph 

11 (A), any amount that is not obligated on the last 

12 day of that period shall be added to the amount 

13 that may be apportioned under this subsection in 

14 the next fiscal year. 

15 ‘‘(4) PILOT PROGRAM FOR COST-EFFECTIVE CAP16 ITAL INVESTMENT.— 

17 ‘‘(A) IN GENERAL.—For each of fiscal years 

18 2016 through 2021, the Secretary shall carry out 

19 a pilot program under which an eligible des20 ignated recipient (as described in subsection 

21 (c)(1)) in an urbanized area with population of 

22 not less than 200,000 and not more than 999,999 

23 may elect to participate in a State pool in ac24 cordance with this paragraph. 
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1 ‘‘(B) PURPOSE OF STATE POOLS.—The pur2 pose of a State pool shall be to allow for trans3 fers of formula grant funds made available under 

4 this subsection among the designated recipients 

5 participating in the State pool in a manner that 

6 supports the transit asset management plans of 

7 the designated recipients under section 5326. 

8 ‘‘(C) REQUESTS FOR PARTICIPATION.—A 

9 State, and designated recipients in the State de10 scribed in subparagraph (A), may submit to the 

11 Secretary a request for participation in the pro12 gram under procedures to be established by the 

13 Secretary. A designated recipient for a 

14 multistate area may participate in only 1 State 

15 pool. 

16 ‘‘(D) ALLOCATIONS TO PARTICIPATING

17 STATES.—For each fiscal year, the Secretary 

18 shall allocate to each State participating in the 

19 program the total amount of funds that other20 wise would be allocated to the urbanized areas of 

21 the designated recipients participating in the 

22 State’s pool for that fiscal year pursuant to the 

23 formula referred to in paragraph (1). 

24 ‘‘(E) ALLOCATIONS TO DESIGNATED RECIPI25 ENTS IN STATE POOLS.—A State shall distribute 
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1 the amount that is allocated to the State for a 

2 fiscal year under subparagraph (D) among the 

3 designated recipients participating in the State’s 

4 pool in a manner that supports the transit asset 

5 management plans of the recipients under sec6 tion 5326. 

7 ‘‘(F) ALLOCATION PLANS.—A State partici8 pating in the program shall develop an alloca9 tion plan for the period of fiscal years 2016 

10 through 2021 to ensure that a designated recipi11 ent participating in the State’s pool receives 

12 under the program an amount of funds that 

13 equals the amount of funds that would have oth14 erwise been available to the designated recipient 

15 for that period pursuant to the formula referred 

16 to in paragraph (1). 

17 ‘‘(G) GRANTS.—The Secretary shall make 

18 grants under this subsection for a fiscal year to 

19 a designated recipient participating in a State 

20 pool following notification by the State of the al21 location amount determined under subparagraph 

22 (E). 

23 ‘‘(d) COMPETITIVE GRANTS FOR BUS STATE OF GOOD

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

2 grants under this subsection to eligible recipients de3 scribed in subsection (b)(1) to assist in financing cap4 ital projects described in subsection (a). 

5 ‘‘(2) GRANT CONSIDERATIONS.—In making 

6 grants under this subsection, the Secretary shall con7 sider the age and condition of buses, bus fleets, related 

8 equipment, and bus-related facilities of an eligible re9 cipient. 

10 ‘‘(3) STATEWIDE APPLICATIONS.—A State may 

11 submit a statewide application on behalf of a public 

12 agency or private nonprofit organization engaged in 

13 public transportation in rural areas or other areas 

14 for which the State allocates funds. The submission of 

15 a statewide application shall not preclude the submis16 sion and consideration of any application under this 

17 subsection from other eligible recipients in an urban18 ized area in a State. 

19 ‘‘(4) REQUIREMENTS FOR SECRETARY.—The Sec20 retary shall— 

21 ‘‘(A) disclose all metrics and evaluation 

22 procedures to be used in considering grant appli23 cations under this subsection upon issuance of 

24 the notice of funding availability in the Federal 

25 Register; and 
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1 ‘‘(B) publish a summary of final scores for 

2 selected projects, metrics, and other evaluations 

3 used in awarding grants under this subsection in 

4 the Federal Register. 

5 ‘‘(5) AVAILABILITY OF FUNDS.—Any amounts 

6 made available to carry out this subsection— 

7 ‘‘(A) shall remain available for 2 fiscal 

8 years after the fiscal year for which the amount 

9 is made available; and 

10 ‘‘(B) following the period of availability 

11 shall be made available to be apportioned under 

12 subsection (c) for the following fiscal year. 

13 ‘‘(6) LIMITATION.—Of the amounts made avail14 able under this subsection, not more than 15 percent 

15 in fiscal year 2016 and not more than 5 percent in 

16 each of fiscal years 2017 through 2021 may be award17 ed to a single recipient. 

18 ‘‘(7) GRANT FLEXIBILITY.—If the Secretary de19 termines that there are not sufficient grant applica20 tions that meet the metrics described in paragraph 

21 (4)(A) to utilize the full amount of funds made avail22 able to carry out this subsection for a fiscal year, the 

23 Secretary may use the remainder of the funds for 

24 making apportionments under sections 5307 and 

25 5311. 
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1 ‘‘(e) GENERALLY APPLICABLE PROVISIONS.— 

2 ‘‘(1) GRANT REQUIREMENTS.—A grant under 

3 this section shall be subject to the requirements of— 

4 ‘‘(A) section 5307 for recipients of grants 

5 made in urbanized areas; and 

6 ‘‘(B) section 5311 for recipients of grants 

7 made in rural areas. 

8 ‘‘(2) GOVERNMENT’S SHARE OF COSTS.— 

9 ‘‘(A) CAPITAL PROJECTS.—A grant for a 

10 capital project under this section shall be for 80 

11 percent of the net capital costs of the project. A 

12 recipient of a grant under this section may pro13 vide additional local matching amounts. 

14 ‘‘(B) REMAINING COSTS.—The remainder of 

15 the net project cost shall be provided— 

16 ‘‘(i) in cash from non-Government 

17 sources other than revenues from providing 

18 public transportation services; 

19 ‘‘(ii) from revenues derived from the 

20 sale of advertising and concessions; 

21 ‘‘(iii) from an undistributed cash sur22 plus, a replacement or depreciation cash 

23 fund or reserve, or new capital; or 

24 ‘‘(iv) from amounts received under a 

25 service agreement with a State or local so-
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1 cial service agency or private social service 

2 organization. 

3 ‘‘(f) DEFINITIONS.—In this section, the following defi4 nitions apply: 

5 ‘‘(1) STATE.—The term ‘State’ means a State of 

6 the United States. 

7 ‘‘(2) TERRITORY.—The term ‘territory’ means 

8 the District of Columbia, Puerto Rico, the Northern 

9 Mariana Islands, Guam, American Samoa, and the 

10 United States Virgin Islands.’’. 

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

12 53 of title 49, United States Code, is amended by striking 

13 the item relating to section 5339 and inserting the fol14 lowing: 

‘‘5339. Bus and bus facility grants.’’. 

15 SEC. 3017. OBLIGATION CEILING. 

16 Notwithstanding any other provision of law, the total 

17 of all obligations from amounts made available from the 

18 Mass Transit Account of the Highway Trust Fund by sub19 section (a) of section 5338 of title 49, United States Code, 

20 shall not exceed— 

21 (1) $8,724,000,000 in fiscal year 2016; 

22 (2) $8,879,000,000 in fiscal year 2017; 

23 (3) $9,059,000,000 in fiscal year 2018; 

24 (4) $9,240,000,000 in fiscal year 2019; 

25 (5) $9,429,000,000 in fiscal year 2020; and 
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1 (6) $9,618,000,000 in fiscal year 2021. 

2 SEC. 3018. INNOVATIVE PROCUREMENT. 

3 (a) DEFINITIONS.—In this section, the following defi4 nitions apply: 

5 (1) COOPERATIVE PROCUREMENT CONTRACT.— 

6 The term ‘‘cooperative procurement contract’’ means 

7 a contract— 

8 (A) entered into between a State govern9 ment and 1 or more vendors; and 

10 (B) under which the vendors agree to pro11 vide an option to purchase rolling stock and re12 lated equipment to multiple participants. 

13 (2) LEAD PROCUREMENT AGENCY.—The term 

14 ‘‘lead procurement agency’’ means a State govern15 ment that acts in an administrative capacity on be16 half of each participant in a cooperative procurement 

17 contract. 

18 (3) PARTICIPANT.—The term ‘‘participant’’ 

19 means a grantee that participates in a cooperative 

20 procurement contract. 

21 (4) PARTICIPATE.—The term ‘‘participate’’ 

22 means to purchase rolling stock and related equip23 ment under a cooperative procurement contract using 

24 assistance provided under chapter 53 of title 49, 

25 United States Code. 
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1 (5) GRANTEE.—The term ‘‘grantee’’ means a re2 cipient and subrecipient of assistance under chapter 

3 53 of title 49, United States Code. 

4 (b) COOPERATIVE PROCUREMENT.— 

5 (1) GENERAL RULES.— 

6 (A) PROCUREMENT NOT LIMITED TO INTRA7 STATE PARTICIPANTS.—A grantee may partici8 pate in a cooperative procurement contract with9 out regard to whether the grantee is located in 

10 the same State as the parties to the contract. 

11 (B) VOLUNTARY PARTICIPATION.—Partici12 pation by grantees in a cooperative procurement 

13 contract shall be voluntary. 

14 (2) AUTHORITY.—A State government may enter 

15 into a cooperative procurement contract with 1 or 

16 more vendors if the vendors agree to provide an op17 tion to purchase rolling stock and related equipment 

18 to the lead procurement agency and any other partic19 ipant. 

20 (3) APPLICABILITY OF POLICIES AND PROCE21 DURES.—In procuring rolling stock and related 

22 equipment under a cooperative procurement contract 

23 under this subsection, a lead procurement agency 

24 shall comply with the policies and procedures that 

25 apply to procurement by the State government when 
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1 using non-Federal funds, to the extent that the poli2 cies and procedures are in conformance with applica3 ble Federal law. 

4 (c) JOINT PROCUREMENT CLEARINGHOUSE.— 

5 (1) IN GENERAL.—The Secretary shall establish 

6 a clearinghouse for the purpose of allowing grantees 

7 to aggregate planned rolling stock purchases and 

8 identify joint procurement participants. 

9 (2) INFORMATION ON PROCUREMENTS.—The 

10 clearinghouse may include information on bus size, 

11 engine type, floor type, and any other attributes nec12 essary to identify joint procurement participants. 

13 (3) LIMITATIONS.— 

14 (A) ACCESS.—The clearinghouse shall only 

15 be accessible to the Federal Transit Administra16 tion and grantees. 

17 (B) PARTICIPATION.—No grantees shall be 

18 required to submit procurement information to 

19 the database. 

20 SEC. 3019. REVIEW OF PUBLIC TRANSPORTATION SAFETY 

21 STANDARDS. 

22 (1) REVIEW REQUIRED.— 

23 (A) IN GENERAL.—Not later than 90 days 

24 after the date of enactment of this Act, the Sec25 retary shall begin a review of the safety stand-
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1 ards and protocols used in public transportation 

2 systems in the United States that examines the 

3 efficacy of existing standards and protocols. 

4 (B) CONTENTS OF REVIEW.—In conducting 

5 the review under this paragraph, the Secretary 

6 shall review— 

7 (i) minimum safety performance 

8 standards developed by the public transpor9 tation industry; 

10 (ii) safety performance standards, 

11 practices, or protocols in use by rail fixed 

12 guideway public transportation systems, in13 cluding— 

14 (I) written emergency plans and 

15 procedures for passenger evacuations; 

16 (II) training programs to ensure 

17 public transportation personnel com18 pliance and readiness in emergency 

19 situations; 

20 (III) coordination plans approved 

21 by recipients with local emergency re22 sponders having jurisdiction over a 

23 rail fixed guideway public transpor24 tation system, including— 
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1 (aa) emergency preparedness 

2 training, drills, and familiariza3 tion programs for the first re4 sponders; and 

5 (bb) the scheduling of regular 

6 field exercises to ensure appro7 priate response and effective radio 

8 and public safety communica9 tions; 

10 (IV) maintenance, testing, and in11 spection programs to ensure the proper 

12 functioning of— 

13 (aa) tunnel, station, and ve14 hicle ventilation systems; 

15 (bb) signal and train control 

16 systems, track, mechanical sys17 tems, and other infrastructure; 

18 and 

19 (cc) other systems as nec20 essary; 

21 (V) certification requirements for 

22 train and bus operators and control 

23 center employees; 
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•HR 22 EAH 

1 (VI) consensus-based standards, 

2 practices, or protocols available to the 

3 public transportation industry; and 

4 (VII) any other standards, prac5 tices, or protocols the Secretary deter6 mines appropriate; and 

7 (iii) rail and bus safety standards, 

8 practices, or protocols in use by public 

9 transportation systems, regarding— 

10 (I) rail and bus design and the 

11 workstation of rail and bus operators, 

12 as it relates to— 

13 (aa) the reduction of blind14 spots that contribute to accidents 

15 involving pedestrians; and 

16 (bb) protecting rail and bus 

17 operators from the risk of assault; 

18 (II) scheduling fixed route rail 

19 and bus service with adequate time 

20 and access for operators to use rest21 room facilities; 

22 (III) fatigue management; and 

23 (IV) crash avoidance and worthi24 ness. 
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1 (2) EVALUATION.—After conducting the review 

2 under paragraph (1), the Secretary shall, in consulta3 tion with representatives of the public transportation 

4 industry, evaluate the need to establish additional 

5 Federal minimum public transportation safety stand6 ards. 

7 (3) REPORT.—After completing the review and 

8 evaluation required under paragraphs (1) and (2), 

9 but not later than 1 year after the date of enactment 

10 of this Act, the Secretary shall make available on a 

11 publicly accessible Web site, a report that includes— 

12 (A) findings based on the review conducted 

13 under paragraph (1); 

14 (B) the outcome of the evaluation conducted 

15 under paragraph (2); 

16 (C) a comprehensive set of recommendations 

17 to improve the safety of the public transportation 

18 industry, including recommendations for statu19 tory changes if applicable; and 

20 (D) actions that the Secretary will take to 

21 address the recommendations provided under 

22 subparagraph (C), including, if necessary, the 

23 authorities under section 5329(b)(2)(D) of chap24 ter 53 of title 49, United States Code. 
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1 SEC. 3020. STUDY ON EVIDENTIARY PROTECTION FOR PUB2 LIC TRANSPORTATION SAFETY PROGRAM IN3 FORMATION. 

4 (a) STUDY.—The Comptroller General shall complete 

5 a study to evaluate whether it is in the public interest, in6 cluding public safety and the legal rights of persons injured 

7 in public transportation accidents, to withhold from dis8 covery or admission into evidence in a Federal or State 

9 court proceeding any plan, report, data, or other informa10 tion or portion thereof, submitted to, developed, produced, 

11 collected, or obtained by the Secretary or the Secretary’s 

12 representative for purposes of complying with the require13 ments under section 5329 of chapter 53 of title 49, United 

14 States Code, including information related to a recipient’s 

15 safety plan, safety risks, and mitigation measures. 

16 (b) INPUT.—In conducting the study under subsection 

17 (a), the Comptroller General shall solicit input from the 

18 public transportation recipients, public transportation non19 profit employee labor organizations, and impacted members 

20 of the general public. 

21 (c) REPORT.—Not later than 18 months after the date 

22 of enactment of this section, the Comptroller General shall 

23 issue a report, with the findings of the study under sub24 section (a), including any recommendations on statutory 

25 changes regarding evidentiary protections that will increase 

26 transit safety. 
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1 SEC. 3021. MOBILITY OF SENIORS AND INDIVIDUALS WITH 

2 DISABILITIES. 

3 (a) DEFINITIONS.—In this section, the following defi4 nitions apply: 

5 (1) ALLOCATED COST MODEL.—The term ‘‘allo6 cated cost model’’ means a method of determining the 

7 cost of trips by allocating the cost to each trip pur8 pose served by a transportation provider in a manner 

9 that is proportional to the level of transportation 

10 service that the transportation provider delivers for 

11 each trip purpose, to the extent permitted by applica12 ble Federal laws. 

13 (2) COUNCIL.—The term ‘‘Council’’ means the 

14 Interagency Transportation Coordinating Council on 

15 Access and Mobility established under Executive 

16 Order No. 13330 (49 U.S.C. 101 note). 

17 (b) STRATEGIC PLAN.—Not later than 1 year after the 

18 date of enactment of this Act, the Council shall publish a 

19 strategic plan for the Council that— 

20 (1) outlines the role and responsibilities of each 

21 Federal agency with respect to local transportation 

22 coordination, including nonemergency medical trans23 portation; 

24 (2) identifies a strategy to strengthen inter25 agency collaboration; 
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•HR 22 EAH 

1 (3) addresses any outstanding recommendations 

2 made by the Council in the 2005 Report to the Presi3 dent relating to the implementation of Executive 

4 Order No. 13330, including— 

5 (A) a cost-sharing policy endorsed by the 

6 Council; and 

7 (B) recommendations to increase participa8 tion by recipients of Federal grants in locally de9 veloped, coordinated planning processes; 

10 (4) to the extent feasible, addresses recommenda11 tions by the Comptroller General of the United States 

12 concerning local coordination of transportation serv13 ices; 

14 (5) examines and proposes changes to Federal 

15 regulations that will eliminate Federal barriers to 

16 local transportation coordination, including non17 emergency medical transportation; and 

18 (6) recommends to Congress changes to Federal 

19 laws, except chapter 53 of title 49, United States 

20 Code, that will eliminate Federal barriers to local 

21 transportation coordination, including nonemergency 

22 medical transportation. 

23 (c) DEVELOPMENT OF COST-SHARING POLICY IN COM24 PLIANCE WITH APPLICABLE FEDERAL LAWS.—In estab-
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1 lishing the cost-sharing policy required under subsection 

2 (b), the Council may consider, to the extent practicable— 

3 (1) the development of recommended strategies 

4 for grantees of programs funded by members of the 

5 Council, including strategies for grantees of programs 

6 that fund nonemergency medical transportation, to 

7 use the cost-sharing policy in a manner that does not 

8 violate applicable Federal laws; and 

9 (2) incorporation of an allocated cost model to 

10 facilitate local coordination efforts that comply with 

11 applicable requirements of programs funded by mem12 bers of the Council, such as— 

13 (A) eligibility requirements; 

14 (B) service delivery requirements; and 

15 (C) reimbursement requirements. 

16 (d) REPORT.—The Council shall, concurrently with 

17 submission to the President of a report containing final rec18 ommendations of the Council, transmit such report to the 

19 Committee on Transportation and Infrastructure of the 

20 House of Representatives and the Committee on Commerce, 

21 Science, and Transportation of the Senate. 

22 SEC. 3022. IMPROVED TRANSIT SAFETY MEASURES. 

23 (a) REQUIREMENTS.—Not later than 90 days after 

24 publication of the report required in section 3019, the Sec-
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1 retary shall issue a notice of proposed rulemaking on pro2 tecting transit operators from the risk of assault. 

3 (b) CONSIDERATION.—In the proposed rulemaking the 

4 Secretary shall consider— 

5 (1) different safety needs of drivers of different 

6 modes; 

7 (2) differences in operating environments; 

8 (3) the use of technology to mitigate driver as9 sault risks; 

10 (4) existing experience, from both agencies and 

11 operators who already are using or testing driver as12 sault mitigation infrastructure; and 

13 (5) the impact of the rule on future rolling stock 

14 procurements and vehicles currently in revenue serv15 ice. 

16 (c) SAVINGS CLAUSE.—Nothing in this section may be 

17 construed as prohibiting the Secretary from issuing dif18 ferent comprehensive worker protections, including stand19 ards for mitigating assaults. 

20 SEC. 3023. PARATRANSIT SYSTEM UNDER FTA APPROVED 

21 COORDINATED PLAN. 

22 Notwithstanding the provisions of part 37.131(c) of 

23 title 49, Code of Federal Regulations, any paratransit sys24 tem currently coordinating complementary paratransit 

25 service for more than 40 fixed route agencies shall be per-
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•HR 22 EAH 

1 mitted to continue using an existing tiered, distance-based 

2 coordinated paratransit fare system. 

3 SEC. 3024. REPORT ON POTENTIAL OF INTERNET OF 

4 THINGS. 

5 Not later than 180 days after the date of the enactment 

6 of this Act, the Secretary of Transportation shall submit 

7 to Congress a report on the potential of the Internet of 

8 Things to improve transportation services in rural, subur9 ban, and urban areas. Such report shall include— 

10 (1) a survey of the communities, cities, and 

11 States that are using innovative transportation sys12 tems to meet the needs of ageing populations; 

13 (2) best practices to protect privacy and security 

14 determined as a result of such survey; 

15 (3) recommendations with respect to the poten16 tial of the Internet of Things to assist local, State, 

17 and Federal planners to develop more efficient and 

18 accurate projections of the transportation needs of 

19 rural, suburban, and urban communities. 

20 SEC. 3025. REPORT ON PARKING SAFETY. 

21 (a) REPORT.—Not later than 8 months after the date 

22 of enactment of this Act, the Secretary shall submit a report 

23 to the Committee on Transportation and Infrastructure of 

24 the House of Representatives and the Committee on Com25 merce, Science, and Transportation of the Senate regarding 
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•HR 22 EAH 

1 the safety of certain facilities and locations, focusing on any 

2 property damage, injuries or deaths, and other incidents 

3 that occur or originate at locations intended to encourage 

4 public use of alternative transportation, including— 

5 (1) car pool lots; 

6 (2) mass transit lots; 

7 (3) local, State, or regional rail stations; 

8 (4) rest stops; 

9 (5) college or university lots; 

10 (6) bike paths or walking trails; and 

11 (7) any other locations that the Secretary con12 siders appropriate. 

13 (b) RECOMMENDATIONS.—Included with the report, 

14 the Secretary shall make recommendations to Congress on 

15 the best ways to use innovative technologies to increase safe16 ty and ensure a better response by transit security, local, 

17 State, and Federal law enforcement to address threats to 

18 public safety. 

19 SEC. 3026. APPOINTMENT OF DIRECTORS OF THE WASH20 INGTON METROPOLITAN AREA TRANSIT AU21 THORITY. 

22 (a) DEFINITIONS.—In this section— 

23 (1) the term ‘‘Compact’’ means the Washington 

24 Metropolitan Area Transit Authority Compact (Pub25 lic Law 89–774; 80 Stat. 1324); 
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•HR 22 EAH 

1 (2) the term ‘‘Federal Director’’ means— 

2 (A) a voting member of the Board of Direc3 tors of the Transit Authority who represents the 

4 Federal Government; and 

5 (B) a nonvoting member of the Board of Di6 rectors of the Transit Authority who serves as an 

7 alternate for a member described in subpara8 graph (A); and 

9 (3) the term ‘‘Transit Authority’’ means the 

10 Washington Metropolitan Area Transit Authority es11 tablished under Article III of the Compact. 

12 (b) APPOINTMENT BY SECRETARY OF TRANSPOR13 TATION.— 

14 (1) IN GENERAL.—For any appointment made 

15 on or after the date of enactment of this Act, the Sec16 retary of Transportation shall have sole authority to 

17 appoint Federal Directors to the Board of Directors 

18 of the Transit Authority. 

19 (2) AMENDMENT TO COMPACT.—The signatory 

20 parties to the Compact shall amend the Compact as 

21 necessary in accordance with paragraph (1). 

22 SEC. 3027. EFFECTIVENESS OF PUBLIC TRANSPORTATION 

23 CHANGES AND FUNDING. 

24 Not later than 18 months after the date of enactment 

25 of this Act, the Comptroller General shall examine and 
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1 evaluate the impact of the changes that MAP–21 had on 

2 public transportation, including— 

3 (1) the ability and effectiveness of public trans4 portation agencies to provide public transportation to 

5 low-income workers in accessing jobs and being able 

6 to use reverse commute services; 

7 (2) whether services to low-income riders de8 clined after MAP–21 was implemented; and 

9 (3) if guidance provided by the Federal Transit 

10 Administration encouraged public transportation 

11 agencies to maintain and support services to low-in12 come riders to allow them to access jobs, medical serv13 ices, and other life necessities. 

14 SEC. 3028. INCREASE SUPPORT FOR GROWING STATES. 

15 Section 5340 of title 49, United States Code, is amend16 ed— 

17 (1) by striking subsection (b) and inserting the 

18 following: 

19 ‘‘(b) APPORTIONMENT.—Of the amounts made avail20 able for each fiscal year under section 5338(b)(2)(M), the 

21 Secretary shall apportion 100 percent to States and urban22 ized areas in accordance with subsection (c).’’; and 

23 (2) by striking subsection (d). 
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1 TITLE IV—HIGHWAY SAFETY 

2 SEC. 4001. AUTHORIZATION OF APPROPRIATIONS. 

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

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

5 than the Mass Transit Account): 

6 (1) HIGHWAY SAFETY PROGRAMS.—For carrying 

7 out section 402 of title 23, United States Code— 

8 (A) $260,274,200 for fiscal year 2016; 

9 (B) $265,935,829 for fiscal year 2017; 

10 (C) $271,787,002 for fiscal year 2018; 

11 (D) $278,090,300 for fiscal year 2019; 

12 (E) $284,874,829 for fiscal year 2020; and 

13 (F) $291,195,558 for fiscal year 2021. 

14 (2) HIGHWAY SAFETY RESEARCH AND DEVELOP15 MENT.—For carrying out section 403 of title 23, 

16 United States Code— 

17 (A) $115,951,600 for fiscal year 2016; 

18 (B) $118,398,179 for fiscal year 2017; 

19 (C) $121,665,968 for fiscal year 2018; 

20 (D) $124,926,616 for fiscal year 2019; 

21 (E) $128,187,201 for fiscal year 2020; and 

22 (F) $131,455,975 for fiscal year 2021. 

23 (3) NATIONAL PRIORITY SAFETY PROGRAMS.— 

24 For carrying out section 405 of title 23, United States 

25 Code— 
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1 (A) $275,862,400 for fiscal year 2016; 

2 (B) $281,186,544 for fiscal year 2017; 

3 (C) $286,500,970 for fiscal year 2018; 

4 (D) $292,316,940 for fiscal year 2019; 

5 (E) $298,601,754 for fiscal year 2020; and 

6 (F) $304,394,628 for fiscal year 2021. 

7 (4) NATIONAL DRIVER REGISTER.—For the Na8 tional Highway Traffic Safety Administration to 

9 carry out chapter 303 of title 49, United States 

10 Code— 

11 (A) $5,000,000 for fiscal year 2016; 

12 (B) $5,000,000 for fiscal year 2017; 

13 (C) $5,000,000 for fiscal year 2018; 

14 (D) $5,000,000 for fiscal year 2019; 

15 (E) $5,000,000 for fiscal year 2020; and 

16 (F) $5,000,000 for fiscal year 2021. 

17 (5) HIGH-VISIBILITY ENFORCEMENT PROGRAM.— 

18 For carrying out section 404 of title 23, United States 

19 Code— 

20 (A) $29,411,800 for fiscal year 2016; 

21 (B) $29,979,448 for fiscal year 2017; 

22 (C) $30,546,059 for fiscal year 2018; 

23 (D) $31,166,144 for fiscal year 2019; 

24 (E) $31,836,216 for fiscal year 2020; and 

25 (F) $32,453,839 for fiscal year 2021. 
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1 (6) ADMINISTRATIVE EXPENSES.—For adminis2 trative and related operating expenses of the National 

3 Highway Traffic Safety Administration in carrying 

4 out chapter 4 of title 23, United States Code, and this 

5 title— 

6 (A) $25,500,000 for fiscal year 2016; 

7 (B) $25,500,000 for fiscal year 2017; 

8 (C) $25,500,000 for fiscal year 2018; 

9 (D) $25,500,000 for fiscal year 2019; 

10 (E) $25,500,000 for fiscal year 2020; and 

11 (F) $25,500,000 for fiscal year 2021. 

12 (b) PROHIBITION ON OTHER USES.—Except as other13 wise provided in chapter 4 of title 23, United States Code, 

14 and chapter 303 of title 49, United States Code, the 

15 amounts made available from the Highway Trust Fund 

16 (other than the Mass Transit Account) for a program under 

17 such chapters— 

18 (1) shall only be used to carry out such program; 

19 and 

20 (2) may not be used by States or local govern21 ments for construction purposes. 

22 (c) APPLICABILITY OF TITLE 23.—Except as otherwise 

23 provided in chapter 4 of title 23, United States Code, and 

24 chapter 303 of title 49, United States Code, amounts made 

25 available under subsection (a) for fiscal years 2016 through 
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1 2021 shall be available for obligation in the same manner 

2 as if such funds were apportioned under chapter 1 of title 

3 23, United States Code. 

4 (d) STATE MATCHING REQUIREMENTS.—If a grant 

5 awarded under chapter 4 of title 23, United States Code, 

6 requires a State to share in the cost, the aggregate of all 

7 expenditures for highway safety activities made during a 

8 fiscal year by the State and its political subdivisions (exclu9 sive of Federal funds) for carrying out the grant (other than 

10 planning and administration) that are in excess of the 

11 amount required under Federal law shall be available for 

12 the purpose of crediting the State during such fiscal year 

13 for the non-Federal share of the cost of any other project 

14 carried out under chapter 4 of title 23, United States Code 

15 (other than planning or administration), without regard to 

16 whether such expenditures were made in connection with 

17 such project. 

18 (e) GRANT APPLICATION AND DEADLINE.—To receive 

19 a grant under chapter 4 of title 23, United States Code, 

20 a State shall submit an application, and the Secretary shall 

21 establish a single deadline for such applications to enable 

22 the award of grants early in the next fiscal year. 

23 SEC. 4002. HIGHWAY SAFETY PROGRAMS. 

24 Section 402 of title 23, United States Code, is amend25 ed— 
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•HR 22 EAH 

1 (1) in subsection (a)(2)(A)— 

2 (A) in clause (vi) by striking ‘‘and’’ at the 

3 end; 

4 (B) in clause (vii) by inserting ‘‘and’’ after 

5 the semicolon; and 

6 (C) by adding at the end the following: 

7 ‘‘(viii) to increase driver awareness of 

8 commercial motor vehicles to prevent crash9 es and reduce injuries and fatalities;’’; 

10 (2) in subsection (c)(4), by adding at the end the 

11 following: 

12 ‘‘(C) SURVEY.—A State shall expend funds 

13 apportioned to that State under this section to 

14 conduct a biennial survey that the Secretary 

15 shall make publicly available through the Inter16 net Web site of the Department of Transpor17 tation that includes— 

18 ‘‘(i) a list of automated traffic enforce19 ment systems in the State; 

20 ‘‘(ii) adequate data to measure the 

21 transparency, accountability, and safety at22 tributes of each automated traffic enforce23 ment system; and 

24 ‘‘(iii) a comparison of each automated 

25 traffic enforcement system with— 
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1 ‘‘(I) Speed Enforcement Camera 

2 Systems Operational Guidelines (DOT 

3 HS 810 916, March 2008); and 

4 ‘‘(II) Red Light Camera Systems 

5 Operational Guidelines (FHWA–SA– 

6 05–002, January 2005).’’; 

7 (3) by striking subsection (g) and inserting the 

8 following: 

9 ‘‘(g) RESTRICTION.—Nothing in this section may be 

10 construed to authorize the appropriation or expenditure of 

11 funds for highway construction, maintenance, or design 

12 (other than design of safety features of highways to be incor13 porated into guidelines).’’; 

14 (4) in subsection (k)— 

15 (A) by redesignating paragraphs (3) 

16 through (5) as paragraphs (4) through (6), re17 spectively; and 

18 (B) by inserting after paragraph (2) the fol19 lowing: 

20 ‘‘(3) ELECTRONIC SUBMISSION.—The Secretary, 

21 in coordination with the Governors Highway Safety 

22 Association, shall develop procedures to allow States 

23 to submit highway safety plans under this subsection, 

24 including any attachments to the plans, in electronic 

25 form.’’; and 
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1 (5) in subsection (m)(2)(A)— 

2 (A) in clause (iv) by striking ‘‘and’’ at the 

3 end; and 

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

5 ‘‘(vi) increase driver awareness of com6 mercial motor vehicles to prevent crashes 

7 and reduce injuries and fatalities; 

8 ‘‘(vii) support for school-based driver’s 

9 education classes to improve teen knowledge 

10 about— 

11 ‘‘(I) safe driving practices; and 

12 ‘‘(II) State’s graduated driving li13 cense requirements, including behind14 the-wheel training required to meet 

15 those requirements; and’’. 

16 SEC. 4003. HIGHWAY SAFETY RESEARCH AND DEVELOP17 MENT. 

18 Section 403 of title 23, United States Code, is amend19 ed— 

20 (1) in subsection (b)(1)— 

21 (A) in subparagraph (E) by striking ‘‘and’’ 

22 at the end; 

23 (B) by redesignating subparagraph (F) as 

24 subparagraph (G); 
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1 (C) by inserting after subparagraph (E) the 

2 following: 

3 ‘‘(F) the installation of ignition interlocks 

4 in the United States; and’’; and 

5 (D) in subparagraph (G), as so redesig6 nated, by striking ‘‘in subparagraphs (A) 

7 through (E)’’ and inserting ‘‘in subparagraphs 

8 (A) through (F)’’; 

9 (2) in subsection (h) by striking paragraph (2) 

10 and inserting the following: 

11 ‘‘(2) FUNDING.—The Secretary shall obligate for 

12 each of fiscal years 2016 through 2021, from funds 

13 made available to carry out this section, except that 

14 the total obligated for the period covering fiscal years 

15 2016 through 2021 may not exceed $32,000,000, to 

16 conduct the research described in paragraph (1).’’; 

17 and 

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

19 ‘‘(i) LIMITATION ON DRUG AND ALCOHOL SURVEY

20 DATA.—The Secretary shall establish procedures and guide21 lines to ensure that any person participating in a program 

22 or activity that collects data on drug or alcohol use by driv23 ers of motor vehicles and is carried out under this section 

24 is informed that the program or activity is voluntary. 
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1 ‘‘(j) FEDERAL SHARE.—The Federal share of the cost 

2 of any project or activity carried out under this section may 

3 be not more than 100 percent.’’. 

4 SEC. 4004. HIGH-VISIBILITY ENFORCEMENT PROGRAM. 

5 (a) IN GENERAL.—Section 404 of title 23, United 

6 States Code, is amended to read as follows: 

7 ‘‘§ 404. High-visibility enforcement program 

8 ‘‘(a) IN GENERAL.—The Administrator of the National 

9 Highway Traffic Safety Administration shall establish and 

10 administer a program under which not less than 3 cam11 paigns will be carried out in each of fiscal years 2016 

12 through 2021. 

13 ‘‘(b) PURPOSE.—The purpose of each campaign car14 ried out under this section shall be to achieve outcomes re15 lated to not less than 1 of the following objectives: 

16 ‘‘(1) Reduce alcohol-impaired or drug-impaired 

17 operation of motor vehicles. 

18 ‘‘(2) Increase use of seatbelts by occupants of 

19 motor vehicles. 

20 ‘‘(3) Reduce distracted driving of motor vehicles. 

21 ‘‘(c) ADVERTISING.—The Administrator may use, or 

22 authorize the use of, funds available to carry out this section 

23 to pay for the development, production, and use of broadcast 

24 and print media advertising and Internet-based outreach 

25 in carrying out campaigns under this section. Consider-
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1 ation shall be given to advertising directed at non-English 

2 speaking populations, including those who listen to, read, 

3 or watch nontraditional media. 

4 ‘‘(d) COORDINATION WITH STATES.—The Adminis5 trator shall coordinate with States in carrying out the cam6 paigns under this section, including advertising funded 

7 under subsection (c), with consideration given to— 

8 ‘‘(1) relying on States to provide law enforce9 ment resources for the campaigns out of funding 

10 available under sections 402 and 405; and 

11 ‘‘(2) providing out of National Highway Traffic 

12 Safety Administration resources most of the means 

13 necessary for national advertising and education ef14 forts associated with the campaigns. 

15 ‘‘(e) USE OF FUNDS.—Funds made available to carry 

16 out this section may only be used for activities described 

17 in subsection (c). 

18 ‘‘(f) DEFINITIONS.—In this section, the following defi19 nitions apply: 

20 ‘‘(1) CAMPAIGN.—The term ‘campaign’ means a 

21 high-visibility traffic safety law enforcement cam22 paign. 

23 ‘‘(2) STATE.—The term ‘State’ has the meaning 

24 such term has under section 401.’’. 
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1 (b) CLERICAL AMENDMENT.—The analysis for chapter 

2 4 of title 23, United States Code, is amended by striking 

3 the item relating to section 404 and inserting the following: 

‘‘404. High-visibility enforcement program.’’. 

4 SEC. 4005. NATIONAL PRIORITY SAFETY PROGRAMS. 

5 (a) GENERAL AUTHORITY.—Section 405(a) of title 23, 

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

7 ‘‘(a) GENERAL AUTHORITY.—Subject to the require8 ments of this section, the Secretary of Transportation shall 

9 manage programs to address national priorities for reduc10 ing highway deaths and injuries. Funds shall be allocated 

11 according to the following: 

12 ‘‘(1) OCCUPANT PROTECTION.—In each fiscal 

13 year, 13 percent of the funds provided under this sec14 tion shall be allocated among States that adopt and 

15 implement effective occupant protection programs to 

16 reduce highway deaths and injuries resulting from in17 dividuals riding unrestrained or improperly re18 strained in motor vehicles (as described in subsection 

19 (b)). 

20 ‘‘(2) STATE TRAFFIC SAFETY INFORMATION SYS21 TEM IMPROVEMENTS.—In each fiscal year, 14.5 per22 cent of the funds provided under this section shall be 

23 allocated among States that meet requirements with 

24 respect to State traffic safety information system im25 provements (as described in subsection (c)). 
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1 ‘‘(3) IMPAIRED DRIVING COUNTERMEASURES.— 

2 In each fiscal year, 52.5 percent of the funds provided 

3 under this section shall be allocated among States 

4 that meet requirements with respect to impaired driv5 ing countermeasures (as described in subsection (d)). 

6 ‘‘(4) DISTRACTED DRIVING.—In each fiscal year, 

7 8.5 percent of the funds provided under this section 

8 shall be allocated among States that adopt and imple9 ment effective laws to reduce distracted driving (as 

10 described in subsection (e)). 

11 ‘‘(5) MOTORCYCLIST SAFETY.—In each fiscal 

12 year, 1.5 percent of the funds provided under this sec13 tion shall be allocated among States that implement 

14 motorcyclist safety programs (as described in sub15 section (f)). 

16 ‘‘(6) STATE GRADUATED DRIVER LICENSING

17 LAWS.—In each fiscal year, 5 percent of the funds 

18 provided under this section shall be allocated among 

19 States that adopt and implement graduated driver li20 censing laws (as described in subsection (g)). 

21 ‘‘(7) NONMOTORIZED SAFETY.—In each fiscal 

22 year, 5 percent of the funds provided under this sec23 tion shall be allocated among States that meet re24 quirements with respect to nonmotorized safety (as 

25 described in subsection (h)). 
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1 ‘‘(8) TRANSFERS.—Notwithstanding paragraphs 

2 (1) through (7), the Secretary may reallocate, before 

3 the last day of any fiscal year, any amounts remain4 ing available to carry out any of the activities de5 scribed in subsections (b) through (h) to increase the 

6 amount made available under section 402, in order to 

7 ensure, to the maximum extent possible, that all such 

8 amounts are obligated during such fiscal year. 

9 ‘‘(9) MAINTENANCE OF EFFORT.— 

10 ‘‘(A) REQUIREMENTS.—No grant may be 

11 made to a State in any fiscal year under sub12 section (b), (c), or (d) unless the State enters into 

13 such agreements with the Secretary as the Sec14 retary may require to ensure that the State will 

15 maintain its aggregate expenditures from all 

16 State and local sources for programs described in 

17 those subsections at or above the average level of 

18 such expenditures in the 2 fiscal years preceding 

19 the date of enactment of this paragraph. 

20 ‘‘(B) WAIVER.—Upon the request of a State, 

21 the Secretary may waive or modify the require22 ments under subparagraph (A) for not more 

23 than 1 fiscal year if the Secretary determines 

24 that such a waiver would be equitable due to ex25 ceptional or uncontrollable circumstances.’’. 
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1 (b) HIGH SEATBELT USE RATE.—Section 

2 405(b)(4)(B) of title 23, United States Code, is amended 

3 by striking ‘‘75 percent’’ and inserting ‘‘100 percent’’. 

4 (c) IMPAIRED DRIVING COUNTERMEASURES.—Section 

5 405(d) of title 23, United States Code, is amended— 

6 (1) by striking paragraph (4) and inserting the 

7 following: 

8 ‘‘(4) USE OF GRANT AMOUNTS.— 

9 ‘‘(A) REQUIRED PROGRAMS.—High-range 

10 States shall use grant funds for— 

11 ‘‘(i) high-visibility enforcement efforts; 

12 and 

13 ‘‘(ii) any of the activities described in 

14 subparagraph (B) if— 

15 ‘‘(I) the activity is described in 

16 the statewide plan; and 

17 ‘‘(II) the Secretary approves the 

18 use of funding for such activity. 

19 ‘‘(B) AUTHORIZED PROGRAMS.—Medium20 range and low-range States may use grant funds 

21 for— 

22 ‘‘(i) any of the purposes described in 

23 subparagraph (A); 

24 ‘‘(ii) hiring a full-time or part-time 

25 impaired driving coordinator of the State’s 
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1 activities to address the enforcement and 

2 adjudication of laws regarding driving 

3 while impaired by alcohol, drugs, or the 

4 combination of alcohol and drugs; 

5 ‘‘(iii) court support of high-visibility 

6 enforcement efforts, training and education 

7 of criminal justice professionals (including 

8 law enforcement, prosecutors, judges, and 

9 probation officers) to assist such profes10 sionals in handling impaired driving cases, 

11 hiring traffic safety resource prosecutors, 

12 hiring judicial outreach liaisons, and estab13 lishing driving while intoxicated courts; 

14 ‘‘(iv) alcohol ignition interlock pro15 grams; 

16 ‘‘(v) improving blood-alcohol con17 centration testing and reporting; 

18 ‘‘(vi) paid and earned media in sup19 port of high-visibility enforcement efforts, 

20 conducting standardized field sobriety 

21 training, advanced roadside impaired driv22 ing evaluation training, and drug recogni23 tion expert training for law enforcement, 

24 and equipment and related expenditures 

25 used in connection with impaired driving 
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1 enforcement in accordance with criteria es2 tablished by the National Highway Traffic 

3 Safety Administration; 

4 ‘‘(vii) training on the use of alcohol 

5 and drug screening and brief intervention; 

6 ‘‘(viii) training for and implementa7 tion of impaired driving assessment pro8 grams or other tools designed to increase the 

9 probability of identifying the recidivism 

10 risk of a person convicted of driving under 

11 the influence of alcohol, drugs, or a com12 bination of alcohol and drugs and to deter13 mine the most effective mental health or 

14 substance abuse treatment or sanction that 

15 will reduce such risk; 

16 ‘‘(ix) developing impaired driving in17 formation systems; and 

18 ‘‘(x) costs associated with a 24/7 sobri19 ety program. 

20 ‘‘(C) OTHER PROGRAMS.—Low-range States 

21 may use grant funds for any expenditure de22 signed to reduce impaired driving based on prob23 lem identification and may use not more than 

24 50 percent of funds made available under this 

25 subsection for any project or activity eligible for 
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1 funding under section 402. Medium- and high2 range States may use funds for any expenditure 

3 designed to reduce impaired driving based on 

4 problem identification upon approval by the Sec5 retary.’’; and 

6 (2) by striking paragraph (6)(A) and inserting 

7 the following: 

8 ‘‘(A) IN GENERAL.—The Secretary shall 

9 make a separate grant under this subsection to 

10 each State that adopts and is enforcing a law 

11 that requires any individual convicted of driving 

12 under the influence of alcohol or of driving while 

13 intoxicated to receive a restriction on driving 

14 privileges that limits the individual to operating 

15 only motor vehicles with an ignition interlock 

16 installed. Such law may provide limited excep17 tions for circumstances when— 

18 ‘‘(i) a State-certified ignition interlock 

19 provider is not available within 100 miles 

20 of the individual’s residence; 

21 ‘‘(ii) the individual is required to oper22 ate an employer’s motor vehicle in the 

23 course and scope of employment and the 

24 business entity that owns the vehicle is not 

25 owned or controlled by the individual; or 
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1 ‘‘(iii) the individual is certified by a 

2 medical doctor as being unable to provide a 

3 deep lung breath sample for analysis by an 

4 ignition interlock device.’’. 

5 (d) DISTRACTED DRIVING GRANTS.—Section 405(e) of 

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

7 ‘‘(e) DISTRACTED DRIVING GRANTS.— 

8 ‘‘(1) IN GENERAL.—The Secretary shall award a 

9 grant under this subsection to any State that includes 

10 distracted driving awareness as part of the State’s 

11 driver’s license examination, and enacts and enforces 

12 a law that meets the requirements set forth in para13 graphs (2) and (3). 

14 ‘‘(2) PROHIBITION ON TEXTING WHILE DRIV15 ING.—A State law meets the requirements set forth in 

16 this paragraph if the law— 

17 ‘‘(A) prohibits a driver from texting through 

18 a personal wireless communications device while 

19 driving; 

20 ‘‘(B) makes violation of the law a primary 

21 offense; 

22 ‘‘(C) establishes a minimum fine for a vio23 lation of the law; and 

24 ‘‘(D) does not provide for an exemption that 

25 specifically allows a driver to text through a per-
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1 sonal wireless communication device while 

2 stopped in traffic. 

3 ‘‘(3) PROHIBITION ON YOUTH CELL PHONE USE

4 WHILE DRIVING OR STOPPED IN TRAFFIC.—A State 

5 law meets the requirements set forth in this para6 graph if the law— 

7 ‘‘(A) prohibits a driver from using a per8 sonal wireless communications device while driv9 ing if the driver is— 

10 ‘‘(i) younger than 18 years of age; or 

11 ‘‘(ii) in the learner’s permit and inter12 mediate license stages set forth in subsection 

13 (g)(2)(B); 

14 ‘‘(B) makes violation of the law a primary 

15 offense; 

16 ‘‘(C) establishes a minimum fine for a vio17 lation of the law; and 

18 ‘‘(D) does not provide for an exemption that 

19 specifically allows a driver to text through a per20 sonal wireless communication device while 

21 stopped in traffic. 

22 ‘‘(4) PERMITTED EXCEPTIONS.—A law that 

23 meets the requirements set forth in paragraph (2) or 

24 (3) may provide exceptions for— 
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1 ‘‘(A) a driver who uses a personal wireless 

2 communications device to contact emergency 

3 services; 

4 ‘‘(B) emergency services personnel who use 

5 a personal wireless communications device 

6 while— 

7 ‘‘(i) operating an emergency services 

8 vehicle; and 

9 ‘‘(ii) engaged in the performance of 

10 their duties as emergency services personnel; 

11 ‘‘(C) an individual employed as a commer12 cial motor vehicle driver or a school bus driver 

13 who uses a personal wireless communications de14 vice within the scope of such individual’s em15 ployment if such use is permitted under the reg16 ulations promulgated pursuant to section 31136 

17 of title 49; and 

18 ‘‘(D) any additional exceptions determined 

19 by the Secretary through a rulemaking process. 

20 ‘‘(5) USE OF GRANT FUNDS.— 

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

22 subparagraph (B), amounts received by a State 

23 under this subsection shall be used— 

24 ‘‘(i) to educate the public through ad25 vertising containing information about the 
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1 dangers of texting or using a cell phone 

2 while driving; 

3 ‘‘(ii) for traffic signs that notify driv4 ers about the distracted driving law of the 

5 State; or 

6 ‘‘(iii) for law enforcement costs related 

7 to the enforcement of the distracted driving 

8 law. 

9 ‘‘(B) FLEXIBILITY.— 

10 ‘‘(i) Not more than 50 percent of 

11 amounts received by a State under this 

12 subsection may be used for any eligible 

13 project or activity under section 402. 

14 ‘‘(ii) Not more than 75 percent of 

15 amounts received by a State under this 

16 subsection may be used for any eligible 

17 project or activity under section 402 if 

18 the State has conformed its distracted 

19 driving data to the most recent Model 

20 Minimum Uniform Crash Criteria 

21 published by the Secretary. 

22 ‘‘(6) ALLOCATION TO SUPPORT STATE DIS23 TRACTED DRIVING LAWS.—Of the amounts available 

24 under this subsection in a fiscal year for distracted 

25 driving grants, the Secretary may expend not more 
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1 than $5,000,000 for the development and placement of 

2 broadcast media to reduce distracted driving of motor 

3 vehicles, including to support campaigns related to 

4 distracted driving that are funded under section 404. 

5 ‘‘(7) GRANT AMOUNT.—The allocation of grant 

6 funds to a State under this subsection for a fiscal 

7 year shall be in proportion to the State’s apportion8 ment under section 402 for fiscal year 2009. 

9 ‘‘(8) DEFINITIONS.—In this subsection, the fol10 lowing definitions apply: 

11 ‘‘(A) DRIVING.—The term ‘driving’— 

12 ‘‘(i) means operating a motor vehicle 

13 on a public road; and 

14 ‘‘(ii) does not include operating a 

15 motor vehicle when the vehicle has pulled 

16 over to the side of, or off, an active roadway 

17 and has stopped in a location where it can 

18 safely remain stationary. 

19 ‘‘(B) PERSONAL WIRELESS COMMUNICA20 TIONS DEVICE.—The term ‘personal wireless 

21 communications device’— 

22 ‘‘(i) means a device through which per23 sonal wireless services (as defined in section 

24 332(c)(7)(C)(i) of the Communications Act 
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1 of 1934 (47 U.S.C. 332(c)(7)(C)(i))) are 

2 transmitted; and 

3 ‘‘(ii) does not include a global naviga4 tion satellite system receiver used for posi5 tioning, emergency notification, or naviga6 tion purposes. 

7 ‘‘(C) PRIMARY OFFENSE.—The term ‘pri8 mary offense’ means an offense for which a law 

9 enforcement officer may stop a vehicle solely for 

10 the purpose of issuing a citation in the absence 

11 of evidence of another offense. 

12 ‘‘(D) PUBLIC ROAD.—The term ‘public 

13 road’ has the meaning given such term in section 

14 402(c). 

15 ‘‘(E) TEXTING.—The term ‘texting’ means 

16 reading from or manually entering data into a 

17 personal wireless communications device, includ18 ing doing so for the purpose of SMS texting, 

19 emailing, instant messaging, or engaging in any 

20 other form of electronic data retrieval or elec21 tronic data communication.’’. 

22 (e) MOTORCYCLIST SAFETY.—Section 405(f) of title 

23 23, United States Code, is amended— 

24 (1) by striking paragraph (2) and inserting the 

25 following: 
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1 ‘‘(2) GRANT AMOUNT.—The allocation of grant 

2 funds to a State under this subsection for a fiscal 

3 year shall be in proportion to the State’s apportion4 ment under section 402 for fiscal year 2009, except 

5 that the amount of a grant awarded to a State for 

6 a fiscal year may not exceed 25 percent of the amount 

7 apportioned to the State under such section for fiscal 

8 year 2009.’’; 

9 (2) in paragraph (4) by adding at the end the 

10 following: 

11 ‘‘(C) FLEXIBILITY.—Not more than 50 per12 cent of grant funds received by a State under 

13 this subsection may be used for any eligible 

14 project or activity under section 402 if the State 

15 is in the lowest 25 percent of all States for mo16 torcycle deaths per 10,000 motorcycle registra17 tions based on the most recent data that con18 forms with criteria established by the Sec19 retary.’’; and 

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

21 ‘‘(6) SHARE-THE-ROAD MODEL LANGUAGE.—Not 

22 later than 1 year after the date of enactment of this 

23 paragraph, the Secretary shall update and provide to 

24 the States model language for use in traffic safety 

25 education courses, driver’s manuals, and other driver 
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•HR 22 EAH 

1 training materials that provides instruction for driv2 ers of motor vehicles on the importance of sharing the 

3 road safely with motorcyclists.’’. 

4 (f) STATE GRADUATED DRIVER LICENSING INCENTIVE

5 GRANT.—Section 405(g) of title 23, United States Code, is 

6 amended to read as follows: 

7 ‘‘(g) STATE GRADUATED DRIVER LICENSING INCEN8 TIVE GRANT.— 

9 ‘‘(1) GRANTS AUTHORIZED.—Subject to the re10 quirements under this subsection, the Secretary shall 

11 award grants to States that adopt and implement 

12 graduated driver licensing laws in accordance with 

13 the requirements set forth in paragraph (2). 

14 ‘‘(2) MINIMUM REQUIREMENTS.— 

15 ‘‘(A) IN GENERAL.—A State meets the re16 quirements set forth in this paragraph if the 

17 State has a graduated driver licensing law that 

18 requires novice drivers younger than 18 years of 

19 age to comply with the 2-stage licensing process 

20 described in subparagraph (B) before receiving 

21 an unrestricted driver’s license. 

22 ‘‘(B) LICENSING PROCESS.—A State is in 

23 compliance with the 2-stage licensing process de24 scribed in this subparagraph if the State’s driv25 er’s license laws comply with the additional re-
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1 quirements under subparagraph (C) and in2 cludes— 

3 ‘‘(i) a learner’s permit stage that— 

4 ‘‘(I) is not less than 6 months in 

5 duration and remains in effect until 

6 the driver reaches not less than 16 

7 years of age; 

8 ‘‘(II) contains a prohibition on 

9 the driver using a personal wireless 

10 communications device (as defined in 

11 subsection (e)) while driving except 

12 under an exception permitted under 

13 subsection (e)(4); 

14 ‘‘(III) requires that the driver be 

15 accompanied and supervised at all 

16 times while operating a motor vehicle 

17 by a licensed driver who is— 

18 ‘‘(aa) not less than 21 years 

19 of age; 

20 ‘‘(bb) the driver’s parent or 

21 guardian; or 

22 ‘‘(cc) a State-certified driv23 ing instructor; and 

24 ‘‘(IV) complies with the addi25 tional requirements for a learner’s per-
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1 mit stage set forth in subparagraph 

2 (C)(i); and 

3 ‘‘(ii) an intermediate stage that— 

4 ‘‘(I) is not less than 6 months in 

5 duration; 

6 ‘‘(II) contains a prohibition on 

7 the driver using a personal wireless 

8 communications device (as defined in 

9 subsection (e)) while driving except 

10 under an exception permitted under 

11 subsection (e)(4); 

12 ‘‘(III) for the first 6 months of 

13 such stage, restricts driving at night 

14 when not supervised by a licensed driv15 er described in clause (i)(III), exclud16 ing transportation to work, school, or 

17 religious activities, or in the case of an 

18 emergency; 

19 ‘‘(IV) for a period of not less than 

20 6 months, prohibits the driver from op21 erating a motor vehicle with more than 

22 1 nonfamilial passenger under 21 

23 years of age unless a licensed driver 

24 described in clause (i)(III) is in the ve25 hicle; and 
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1 ‘‘(V) complies with the additional 

2 requirements for an intermediate stage 

3 set forth in subparagraph (C)(ii). 

4 ‘‘(C) ADDITIONAL REQUIREMENTS.— 

5 ‘‘(i) LEARNER’S PERMIT STAGE.—In 

6 addition to the requirements of subpara7 graph (B)(i), a learner’s permit stage shall 

8 include not less than 2 of the following re9 quirements: 

10 ‘‘(I) Passage of a vision and 

11 knowledge assessment by a learner’s 

12 permit applicant prior to receiving a 

13 learner’s permit. 

14 ‘‘(II) The driver completes— 

15 ‘‘(aa) a State-certified driver 

16 education or training course; or 

17 ‘‘(bb) not less than 40 hours 

18 of behind-the-wheel training with 

19 a licensed driver described in sub20 paragraph (B)(i)(III). 

21 ‘‘(III) In addition to any other 

22 penalties imposed by State law, the 

23 grant of an unrestricted driver’s license 

24 or advancement to an intermediate 

25 stage be automatically delayed for any 
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1 individual who, during the learner’s 

2 permit stage, is convicted of a driving3 related offense, including— 

4 ‘‘(aa) driving while intoxi5 cated; 

6 ‘‘(bb) misrepresentation of 

7 the individual’s age; 

8 ‘‘(cc) reckless driving; 

9 ‘‘(dd) driving without wear10 ing a seatbelt; 

11 ‘‘(ee) speeding; or 

12 ‘‘(ff) any other driving-re13 lated offense, as determined by the 

14 Secretary. 

15 ‘‘(ii) INTERMEDIATE STAGE.—In addi16 tion to the requirements of subparagraph 

17 (B)(ii), an intermediate stage shall include 

18 not less than 2 of the following require19 ments: 

20 ‘‘(I) Commencement of such stage 

21 after the successful completion of a 

22 driving skills test. 

23 ‘‘(II) That such stage remain in 

24 effect until the driver reaches the age of 

25 not less than 17. 
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1 ‘‘(III) In addition to any other 

2 penalties imposed by State law, the 

3 grant of an unrestricted driver’s license 

4 be automatically delayed for any indi5 vidual who, during the learner’s per6 mit stage, is convicted of a driving-re7 lated offense, including those described 

8 in clause (i)(III). 

9 ‘‘(3) EXCEPTION.—A State that otherwise meets 

10 the minimum requirements set forth in paragraph (2) 

11 shall be deemed by the Secretary to be in compliance 

12 with the requirement set forth in paragraph (2) if the 

13 State enacted a law before January 1, 2011, estab14 lishing a class of license that permits licensees or ap15 plicants younger than 18 years of age to drive a 

16 motor vehicle— 

17 ‘‘(A) in connection with work performed on, 

18 or for the operation of, a farm owned by family 

19 members who are directly related to the appli20 cant or licensee; or 

21 ‘‘(B) if demonstrable hardship would result 

22 from the denial of a license to the licensees or ap23 plicants. 

24 ‘‘(4) ALLOCATION.—Grant funds allocated to a 

25 State under this subsection for a fiscal year shall be 
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1 in proportion to the State’s apportionment under sec2 tion 402 for fiscal year 2009. 

3 ‘‘(5) USE OF FUNDS.— 

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

5 subparagraph (B), grant funds received by a 

6 State under this subsection shall be used for— 

7 ‘‘(i) enforcing a 2-stage licensing proc8 ess that complies with paragraph (2); 

9 ‘‘(ii) training for law enforcement per10 sonnel and other relevant State agency per11 sonnel relating to the enforcement described 

12 in clause (i); 

13 ‘‘(iii) publishing relevant educational 

14 materials that pertain directly or indirectly 

15 to the State graduated driver licensing law; 

16 ‘‘(iv) carrying out other administrative 

17 activities that the Secretary considers rel18 evant to the State’s 2-stage licensing proc19 ess; or 

20 ‘‘(v) carrying out a teen traffic safety 

21 program described in section 402(m). 

22 ‘‘(B) FLEXIBILITY.— 

23 ‘‘(i) Not more than 75 percent of grant 

24 funds received by a State under this sub-
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1 section may be used for any eligible project 

2 or activity under section 402. 

3 ‘‘(ii) Not more than 100 percent of 

4 grant funds received by a State under this 

5 subsection may be used for any eligible 

6 project or activity under section 402, if the 

7 State is in the lowest 25 percent of all 

8 States for the number of drivers under age 

9 18 involved in fatal crashes in the State per 

10 the total number of drivers under age 18 in 

11 the State based on the most recent data that 

12 conforms with criteria established by the 

13 Secretary.’’. 

14 (g) NONMOTORIZED SAFETY.—Section 405 of title 23, 

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

16 following: 

17 ‘‘(h) NONMOTORIZED SAFETY.— 

18 ‘‘(1) GENERAL AUTHORITY.—Subject to the re19 quirements under this subsection, the Secretary shall 

20 award grants to States for the purpose of decreasing 

21 pedestrian and bicycle fatalities and injuries that re22 sult from crashes involving a motor vehicle. 

23 ‘‘(2) FEDERAL SHARE.—The Federal share of the 

24 cost of a project carried out by a State using amounts 
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1 from a grant awarded under this subsection may not 

2 exceed 80 percent. 

3 ‘‘(3) ELIGIBILITY.—A State shall receive a grant 

4 under this subsection in a fiscal year if the annual 

5 combined pedestrian and bicycle fatalities in the 

6 State exceed 15 percent of the total annual crash fa7 talities in the State, based on the most recently re8 ported final data from the Fatality Analysis Report9 ing System. 

10 ‘‘(4) USE OF GRANT AMOUNTS.—Grant funds re11 ceived by a State under this subsection may be used 

12 for— 

13 ‘‘(A) training of law enforcement officials 

14 on State laws applicable to pedestrian and bicy15 cle safety; 

16 ‘‘(B) enforcement mobilizations and cam17 paigns designed to enforce State traffic laws ap18 plicable to pedestrian and bicycle safety; and 

19 ‘‘(C) public education and awareness pro20 grams designed to inform motorists, pedestrians, 

21 and bicyclists of State traffic laws applicable to 

22 pedestrian and bicycle safety. 

23 ‘‘(5) GRANT AMOUNT.—The allocation of grant 

24 funds to a State under this subsection for a fiscal 
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1 year shall be in proportion to the State’s apportion2 ment under section 402 for fiscal year 2009.’’. 

3 SEC. 4006. PROHIBITION ON FUNDS TO CHECK HELMET 

4 USAGE OR CREATE RELATED CHECKPOINTS 

5 FOR A MOTORCYCLE DRIVER OR PASSENGER. 

6 The Secretary may not provide a grant or otherwise 

7 make available funding to a State, Indian tribe, county, 

8 municipality, or other local government to be used for a 

9 program or activity to check helmet usage, including check10 points related to helmet usage, with respect to a motorcycle 

11 driver or passenger. 

12 SEC. 4007. MARIJUANA-IMPAIRED DRIVING. 

13 (a) STUDY.—The Secretary, in consultation with the 

14 heads of other Federal agencies as appropriate, shall con15 duct a study on marijuana-impaired driving. 

16 (b) ISSUES TO BE EXAMINED.—In conducting the 

17 study, the Secretary shall examine, at a minimum, the fol18 lowing: 

19 (1) Methods to detect marijuana-impaired driv20 ing, including devices capable of measuring mari21 juana levels in motor vehicle operators. 

22 (2) A review of impairment standard research 

23 for driving under the influence of marijuana. 

24 (3) Methods to differentiate the cause of a driv25 ing impairment between alcohol and marijuana. 
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1 (4) State-based policies on marijuana-impaired 

2 driving. 

3 (5) The role and extent of marijuana impair4 ment in motor vehicle accidents. 

5 (c) REPORT.— 

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

7 the date of enactment of this Act, the Secretary, in co8 operation with other Federal agencies as appropriate, 

9 shall submit to the Committee on Transportation and 

10 Infrastructure of the House of Representatives and the 

11 Committee on Commerce, Science, and Transpor12 tation of the Senate a report on the results of the 

13 study. 

14 (2) CONTENTS.—The report shall include, at a 

15 minimum, the following: 

16 (A) FINDINGS.—The findings of the Sec17 retary based on the study, including, at a min18 imum, the following: 

19 (i) An assessment of methodologies and 

20 technologies for measuring driver impair21 ment resulting from the use of marijuana, 

22 including the use of marijuana in combina23 tion with alcohol. 

24 (ii) A description and assessment of 

25 the role of marijuana as a causal factor in 
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1 traffic crashes and the extent of the problem 

2 of marijuana-impaired driving. 

3 (iii) A description and assessment of 

4 current State laws relating to marijuana5 impaired driving. 

6 (iv) A determination whether an im7 pairment standard for drivers under the in8 fluence of marijuana is feasible and could 

9 reduce vehicle accidents and save lives. 

10 (B) RECOMMENDATIONS.—The rec11 ommendations of the Secretary based on the 

12 study, including, at a minimum, the following: 

13 (i) Effective and efficient methods for 

14 training law enforcement personnel, includ15 ing drug recognition experts, to detect or 

16 measure the level of impairment of a motor 

17 vehicle operator who is under the influence 

18 of marijuana by the use of technology or 

19 otherwise. 

20 (ii) If feasible, an impairment stand21 ard for driving under the influence of mari22 juana. 

23 (iii) Methodologies for increased data 

24 collection regarding the prevalence and ef25 fects of marijuana-impaired driving. 
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1 (d) MARIJUANA DEFINED.—In this section, the term 

2 ‘‘marijuana’’ includes all substances containing 

3 tetrahydrocannabinol. 

4 SEC. 4008. NATIONAL PRIORITY SAFETY PROGRAM GRANT 

5 ELIGIBILITY. 

6 Not later than 60 days after the date on which the Sec7 retary of Transportation awards grants under section 405 

8 of title 23, United States Code, the Secretary shall make 

9 available on a publicly available Internet Web site of the 

10 Department of Transportation— 

11 (1) an identification of— 

12 (A) the States that were awarded grants 

13 under such section; 

14 (B) the States that applied and were not 

15 awarded grants under such section; and 

16 (C) the States that did not apply for a 

17 grant under such section; and 

18 (2) a list of deficiencies that made a State ineli19 gible for a grant under such section for each State 

20 under paragraph (1)(B). 

21 SEC. 4009. DATA COLLECTION. 

22 Section 1906 of SAFETEA–LU (23 U.S.C. 402 note) 

23 is amended— 

24 (1) in subsection (a)(1)— 
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1 (A) by striking ‘‘(A) has enacted’’ and all 

2 that follows through ‘‘(B) is maintaining’’ and 

3 inserting ‘‘is maintaining’’; and 

4 (B) by striking ‘‘and any passengers’’; 

5 (2) by striking subsection (b) and inserting the 

6 following: 

7 ‘‘(b) USE OF GRANT FUNDS.—A grant received by a 

8 State under subsection (a) shall be used by the State for 

9 the costs of— 

10 ‘‘(1) collecting and maintaining data on traffic 

11 stops; and 

12 ‘‘(2) evaluating the results of the data.’’; 

13 (3) by striking subsection (c) and redesignating 

14 subsections (d) and (e) as subsections (c) and (d), re15 spectively; 

16 (4) in subsection (c)(2), as so redesignated, by 

17 striking ‘‘A State’’ and inserting ‘‘On or after October 

18 1, 2015, a State’’; and 

19 (5) in subsection (d), as so redesignated— 

20 (A) in the subsection heading by striking 

21 ‘‘AUTHORIZATION OF APPROPRIATIONS’’ and in22 serting ‘‘FUNDING’’; 

23 (B) by striking paragraph (1) and inserting 

24 the following: 
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1 ‘‘(1) IN GENERAL.—From funds made available 

2 under section 403 of title 23, United States Code, the 

3 Secretary shall set aside $7,500,000 for each of the fis4 cal years 2016 through 2021 to carry out this sec5 tion.’’; and 

6 (C) in paragraph (2)— 

7 (i) by striking ‘‘authorized by’’ and in8 serting ‘‘made available under’’; and 

9 (ii) by striking ‘‘percent,’’ and all that 

10 follows through the period at the end and 

11 inserting ‘‘percent.’’. 

12 SEC. 4010. TECHNICAL CORRECTIONS. 

13 Title 23, United States Code, is amended as follows: 

14 (1) Section 402 is amended— 

15 (A) in subsection (b)(1)— 

16 (i) in subparagraph (C) by striking 

17 ‘‘paragraph (3)’’ and inserting ‘‘paragraph 

18 (2)’’; and 

19 (ii) in subparagraph (E)— 

20 (I) by striking ‘‘in which’’ and in21 serting ‘‘for which’’; and 

22 (II) by striking ‘‘under subsection 

23 (f)’’ and inserting ‘‘under subsection 

24 (k)’’; and 
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1 (B) in subsection (k)(5), as redesignated by 

2 this Act, by striking ‘‘under paragraph (2)(A)’’ 

3 and inserting ‘‘under paragraph (3)(A)’’. 

4 (2) Section 403(e) is amended by striking ‘‘chap5 ter 301’’ and inserting ‘‘chapter 301 of title 49’’. 

6 (3) Section 405 is amended— 

7 (A) in subsection (d)— 

8 (i) in paragraph (5) by striking 

9 ‘‘under section 402(c)’’ and inserting 

10 ‘‘under section 402’’; and 

11 (ii) in paragraph (6)(C) by striking 

12 ‘‘on the basis of the apportionment formula 

13 set forth in section 402(c)’’ and inserting 

14 ‘‘in proportion to the State’s apportionment 

15 under section 402 for fiscal year 2009’’; and 

16 (B) in subsection (f)(4)(A)(iv)— 

17 (i) by striking ‘‘such as the’’ and in18 serting ‘‘including’’; and 

19 (ii) by striking ‘‘developed under sub20 section (g)’’. 
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1 TITLE V—MOTOR CARRIER 

2 SAFETY 

3 Subtitle A—Motor Carrier Safety 

4 Grant Consolidation 

5 SEC. 5101. GRANTS TO STATES. 

6 (a) MOTOR CARRIER SAFETY ASSISTANCE PRO7 GRAM.—Section 31102 of title 49, United States Code, is 

8 amended to read as follows: 

9 ‘‘§ 31102. Motor carrier safety assistance program 

10 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

11 shall administer a motor carrier safety assistance program 

12 funded under section 31104. 

13 ‘‘(b) GOAL.—The goal of the program is to ensure that 

14 the Secretary, States, local governments, other political ju15 risdictions, federally recognized Indian tribes, and other 

16 persons work in partnership to establish programs to im17 prove motor carrier, commercial motor vehicle, and driver 

18 safety to support a safe and efficient surface transportation 

19 system by— 

20 ‘‘(1) making targeted investments to promote safe 

21 commercial motor vehicle transportation, including 

22 the transportation of passengers and hazardous mate23 rials; 

24 ‘‘(2) investing in activities likely to generate 

25 maximum reductions in the number and severity of 
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1 commercial motor vehicle crashes and in fatalities re2 sulting from such crashes; 

3 ‘‘(3) adopting and enforcing effective motor car4 rier, commercial motor vehicle, and driver safety reg5 ulations and practices consistent with Federal re6 quirements; and 

7 ‘‘(4) assessing and improving statewide perform8 ance by setting program goals and meeting perform9 ance standards, measures, and benchmarks. 

10 ‘‘(c) STATE PLANS.— 

11 ‘‘(1) IN GENERAL.—In carrying out the pro12 gram, the Secretary shall prescribe procedures for a 

13 State to submit a multiple-year plan, and annual up14 dates thereto, under which the State agrees to assume 

15 responsibility for improving motor carrier safety by 

16 adopting and enforcing State regulations, standards, 

17 and orders that are compatible with the regulations, 

18 standards, and orders of the Federal Government on 

19 commercial motor vehicle safety and hazardous mate20 rials transportation safety. 

21 ‘‘(2) CONTENTS.—The Secretary shall approve a 

22 State plan if the Secretary determines that the plan 

23 is adequate to comply with the requirements of this 

24 section, and the plan— 
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1 ‘‘(A) implements performance-based activi2 ties, including deployment and maintenance of 

3 technology to enhance the efficiency and effective4 ness of commercial motor vehicle safety pro5 grams; 

6 ‘‘(B) designates a lead State commercial 

7 motor vehicle safety agency responsible for ad8 ministering the plan throughout the State; 

9 ‘‘(C) contains satisfactory assurances that 

10 the lead State commercial motor vehicle safety 

11 agency has or will have the legal authority, re12 sources, and qualified personnel necessary to en13 force the regulations, standards, and orders; 

14 ‘‘(D) contains satisfactory assurances that 

15 the State will devote adequate resources to the 

16 administration of the plan and enforcement of 

17 the regulations, standards, and orders; 

18 ‘‘(E) provides a right of entry and inspec19 tion to carry out the plan; 

20 ‘‘(F) provides that all reports required 

21 under this section be available to the Secretary 

22 on request; 

23 ‘‘(G) provides that the lead State commer24 cial motor vehicle safety agency will adopt the 

25 reporting requirements and use the forms for rec-
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•HR 22 EAH 

1 ordkeeping, inspections, and investigations that 

2 the Secretary prescribes; 

3 ‘‘(H) requires all registrants of commercial 

4 motor vehicles to demonstrate knowledge of ap5 plicable safety regulations, standards, and orders 

6 of the Federal Government and the State; 

7 ‘‘(I) provides that the State will grant max8 imum reciprocity for inspections conducted 

9 under the North American Inspection Standards 

10 through the use of a nationally accepted system 

11 that allows ready identification of previously in12 spected commercial motor vehicles; 

13 ‘‘(J) ensures that activities described in sub14 section (h), if financed through grants to the 

15 State made under this section, will not diminish 

16 the effectiveness of the development and imple17 mentation of the programs to improve motor car18 rier, commercial motor vehicle, and driver safety 

19 as described in subsection (b); 

20 ‘‘(K) ensures that the lead State commercial 

21 motor vehicle safety agency will coordinate the 

22 plan, data collection, and information systems 

23 with the State highway safety improvement pro24 gram required under section 148(c) of title 23; 
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1 ‘‘(L) ensures participation in appropriate 

2 Federal Motor Carrier Safety Administration in3 formation technology and data systems and other 

4 information systems by all appropriate jurisdic5 tions receiving motor carrier safety assistance 

6 program funding; 

7 ‘‘(M) ensures that information is exchanged 

8 among the States in a timely manner; 

9 ‘‘(N) provides satisfactory assurances that 

10 the State will undertake efforts that will empha11 size and improve enforcement of State and local 

12 traffic safety laws and regulations related to 

13 commercial motor vehicle safety; 

14 ‘‘(O) provides satisfactory assurances that 

15 the State will address national priorities and 

16 performance goals, including— 

17 ‘‘(i) activities aimed at removing im18 paired commercial motor vehicle drivers 

19 from the highways of the United States 

20 through adequate enforcement of regulations 

21 on the use of alcohol and controlled sub22 stances and by ensuring ready roadside ac23 cess to alcohol detection and measuring 

24 equipment; 
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1 ‘‘(ii) activities aimed at providing an 

2 appropriate level of training to State motor 

3 carrier safety assistance program officers 

4 and employees on recognizing drivers im5 paired by alcohol or controlled substances; 

6 and 

7 ‘‘(iii) when conducted with an appro8 priate commercial motor vehicle inspection, 

9 criminal interdiction activities, and appro10 priate strategies for carrying out those 

11 interdiction activities, including interdic12 tion activities that affect the transportation 

13 of controlled substances (as defined in sec14 tion 102 of the Comprehensive Drug Abuse 

15 Prevention and Control Act of 1970 (21 

16 U.S.C. 802) and listed in part 1308 of title 

17 21, Code of Federal Regulations, as updated 

18 and republished from time to time) by any 

19 occupant of a commercial motor vehicle; 

20 ‘‘(P) provides that the State has established 

21 and dedicated sufficient resources to a program 

22 to ensure that— 

23 ‘‘(i) the State collects and reports to 

24 the Secretary accurate, complete, and timely 

25 motor carrier safety data; and 
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•HR 22 EAH 

1 ‘‘(ii) the State participates in a na2 tional motor carrier safety data correction 

3 system prescribed by the Secretary; 

4 ‘‘(Q) ensures that the State will cooperate 

5 in the enforcement of financial responsibility re6 quirements under sections 13906, 31138, and 

7 31139 and regulations issued under those sec8 tions; 

9 ‘‘(R) ensures consistent, effective, and rea10 sonable sanctions; 

11 ‘‘(S) ensures that roadside inspections will 

12 be conducted at locations that are adequate to 

13 protect the safety of drivers and enforcement per14 sonnel; 

15 ‘‘(T) provides that the State will include in 

16 the training manuals for the licensing examina17 tion to drive noncommercial motor vehicles and 

18 commercial motor vehicles information on best 

19 practices for driving safely in the vicinity of 

20 noncommercial and commercial motor vehicles; 

21 ‘‘(U) provides that the State will enforce the 

22 registration requirements of sections 13902 and 

23 31134 by prohibiting the operation of any vehi24 cle discovered to be operated by a motor carrier 

25 without a registration issued under those sections 
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•HR 22 EAH 

1 or to be operated beyond the scope of the motor 

2 carrier’s registration; 

3 ‘‘(V) provides that the State will conduct 

4 comprehensive and highly visible traffic enforce5 ment and commercial motor vehicle safety in6 spection programs in high-risk locations and cor7 ridors; 

8 ‘‘(W) except in the case of an imminent 

9 hazard or obvious safety hazard, ensures that an 

10 inspection of a vehicle transporting passengers 

11 for a motor carrier of passengers is conducted at 

12 a bus station, terminal, border crossing, mainte13 nance facility, destination, or other location 

14 where a motor carrier may make a planned stop 

15 (excluding a weigh station); 

16 ‘‘(X) ensures that the State will transmit to 

17 its roadside inspectors notice of each Federal ex18 emption granted under section 31315(b) of this 

19 title and sections 390.23 and 390.25 of title 49, 

20 Code of Federal Regulations, and provided to the 

21 State by the Secretary, including the name of the 

22 person that received the exemption and any 

23 terms and conditions that apply to the exemp24 tion; 
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1 ‘‘(Y) except as provided in subsection (d), 

2 provides that the State— 

3 ‘‘(i) will conduct safety audits of inter4 state and, at the State’s discretion, intra5 state new entrant motor carriers under sec6 tion 31144(g); and 

7 ‘‘(ii) if the State authorizes a third 

8 party to conduct safety audits under section 

9 31144(g) on its behalf, the State verifies the 

10 quality of the work conducted and remains 

11 solely responsible for the management and 

12 oversight of the activities; 

13 ‘‘(Z) provides that the State agrees to fully 

14 participate in the performance and registration 

15 information systems management under section 

16 31106(b) not later than October 1, 2020, by com17 plying with the conditions for participation 

18 under paragraph (3) of that section, or dem19 onstrates to the Secretary an alternative ap20 proach for identifying and immobilizing a motor 

21 carrier with serious safety deficiencies in a man22 ner that provides an equivalent level of safety; 

23 ‘‘(AA) in the case of a State that shares a 

24 land border with another country, provides that 

25 the State— 
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•HR 22 EAH 

1 ‘‘(i) will conduct a border commercial 

2 motor vehicle safety program focusing on 

3 international commerce that includes en4 forcement and related projects; or 

5 ‘‘(ii) will forfeit all funds calculated by 

6 the Secretary based on border-related activi7 ties if the State declines to conduct the pro8 gram described in clause (i) in its plan; 

9 and 

10 ‘‘(BB) in the case of a State that meets the 

11 other requirements of this section and agrees to 

12 comply with the requirements established in sub13 section (l)(3), provides that the State may fund 

14 operation and maintenance costs associated with 

15 innovative technology deployment under sub16 section (l)(3) with motor carrier safety assistance 

17 program funds authorized under section 

18 31104(a)(1). 

19 ‘‘(3) PUBLICATION.— 

20 ‘‘(A) IN GENERAL.—Subject to subpara21 graph (B), the Secretary shall publish each ap22 proved State multiple-year plan, and each an23 nual update thereto, on a publically accessible 

24 Internet Web site of the Department of Transpor-
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•HR 22 EAH 

1 tation not later than 30 days after the date the 

2 Secretary approves the plan or update. 

3 ‘‘(B) LIMITATION.—Before publishing an 

4 approved State multiple-year plan or annual 

5 update under subparagraph (A), the Secretary 

6 shall redact any information identified by the 

7 State that, if disclosed— 

8 ‘‘(i) would reasonably be expected to 

9 interfere with enforcement proceedings; or 

10 ‘‘(ii) would reveal enforcement tech11 niques or procedures that would reasonably 

12 be expected to risk circumvention of the law. 

13 ‘‘(d) EXCLUSION OF U.S. TERRITORIES.—The require14 ment that a State conduct safety audits of new entrant 

15 motor carriers under subsection (c)(2)(Y) does not apply 

16 to a territory of the United States unless required by the 

17 Secretary. 

18 ‘‘(e) INTRASTATE COMPATIBILITY.—The Secretary 

19 shall prescribe regulations specifying tolerance guidelines 

20 and standards for ensuring compatibility of intrastate com21 mercial motor vehicle safety laws, including regulations, 

22 with Federal motor carrier safety regulations to be enforced 

23 under subsections (b) and (c). To the extent practicable, the 

24 guidelines and standards shall allow for maximum flexi-
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•HR 22 EAH 

1 bility while ensuring a degree of uniformity that will not 

2 diminish motor vehicle safety. 

3 ‘‘(f) MAINTENANCE OF EFFORT.— 

4 ‘‘(1) BASELINE.—Except as provided under 

5 paragraphs (2) and (3) and in accordance with sec6 tion 5106 of the Surface Transportation Reauthoriza7 tion and Reform Act of 2015, a State plan under sub8 section (c) shall provide that the total expenditure of 

9 amounts of the lead State commercial motor vehicle 

10 safety agency responsible for administering the plan 

11 will be maintained at a level each fiscal year that is 

12 at least equal to— 

13 ‘‘(A) the average level of that expenditure 

14 for fiscal years 2004 and 2005; or 

15 ‘‘(B) the level of that expenditure for the 

16 year in which the Secretary implements a new 

17 allocation formula under section 5106 of the 

18 Surface Transportation Reauthorization and Re19 form Act of 2015. 

20 ‘‘(2) ADJUSTED BASELINE AFTER FISCAL YEAR

21 2017.—At the request of a State, the Secretary may 

22 evaluate additional documentation related to the 

23 maintenance of effort and may make reasonable ad24 justments to the maintenance of effort baseline after 

25 the year in which the Secretary implements a new al-
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•HR 22 EAH 

1 location formula under section 5106 of the Surface 

2 Transportation Reauthorization and Reform Act of 

3 2015, and this adjusted baseline will replace the 

4 maintenance of effort requirement under paragraph 

5 (1). 

6 ‘‘(3) WAIVERS.—At the request of a State, the 

7 Secretary may waive or modify the requirements of 

8 this subsection for a total of 1 fiscal year if the Sec9 retary determines that the waiver or modification is 

10 reasonable, based on circumstances described by the 

11 State, to ensure the continuation of commercial motor 

12 vehicle enforcement activities in the State. 

13 ‘‘(4) LEVEL OF STATE EXPENDITURES.—In esti14 mating the average level of a State’s expenditures 

15 under paragraph (1), the Secretary— 

16 ‘‘(A) may allow the State to exclude State 

17 expenditures for federally sponsored demonstra18 tion and pilot programs and strike forces; 

19 ‘‘(B) may allow the State to exclude expend20 itures for activities related to border enforcement 

21 and new entrant safety audits; and 

22 ‘‘(C) shall require the State to exclude State 

23 matching amounts used to receive Federal fi24 nancing under section 31104. 
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•HR 22 EAH 

1 ‘‘(g) USE OF UNIFIED CARRIER REGISTRATION FEES

2 AGREEMENT.—Amounts generated under section 14504a 

3 and received by a State and used for motor carrier safety 

4 purposes may be included as part of the State’s match re5 quired under section 31104 or maintenance of effort re6 quired by subsection (f). 

7 ‘‘(h) USE OF GRANTS TO ENFORCE OTHER LAWS.— 

8 When approved as part of a State’s plan under subsection 

9 (c), the State may use motor carrier safety assistance pro10 gram funds received under this section— 

11 ‘‘(1) if the activities are carried out in conjunc12 tion with an appropriate inspection of a commercial 

13 motor vehicle to enforce Federal or State commercial 

14 motor vehicle safety regulations, for— 

15 ‘‘(A) enforcement of commercial motor vehi16 cle size and weight limitations at locations, ex17 cluding fixed-weight facilities, such as near steep 

18 grades or mountainous terrains, where the 

19 weight of a commercial motor vehicle can signifi20 cantly affect the safe operation of the vehicle, or 

21 at ports where intermodal shipping containers 

22 enter and leave the United States; and 

23 ‘‘(B) detection of and enforcement actions 

24 taken as a result of criminal activity, including 

25 the trafficking of human beings, in a commercial 
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•HR 22 EAH 

1 motor vehicle or by any occupant, including the 

2 operator, of the commercial motor vehicle; and 

3 ‘‘(2) for documented enforcement of State traffic 

4 laws and regulations designed to promote the safe op5 eration of commercial motor vehicles, including docu6 mented enforcement of such laws and regulations re7 lating to noncommercial motor vehicles when nec8 essary to promote the safe operation of commercial 

9 motor vehicles, if— 

10 ‘‘(A) the number of motor carrier safety ac11 tivities, including roadside safety inspections, 

12 conducted in the State is maintained at a level 

13 at least equal to the average level of such activi14 ties conducted in the State in fiscal years 2004 

15 and 2005; and 

16 ‘‘(B) the State does not use more than 10 

17 percent of the basic amount the State receives 

18 under a grant awarded under section 

19 31104(a)(1) for enforcement activities relating to 

20 noncommercial motor vehicles necessary to pro21 mote the safe operation of commercial motor ve22 hicles unless the Secretary determines that a 

23 higher percentage will result in significant in24 creases in commercial motor vehicle safety. 
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1 ‘‘(i) EVALUATION OF PLANS AND AWARD OF

2 GRANTS.— 

3 ‘‘(1) AWARDS.—The Secretary shall establish cri4 teria for the application, evaluation, and approval of 

5 State plans under this section. Subject to subsection 

6 (j), the Secretary may allocate the amounts made 

7 available under section 31104(a)(1) among the States. 

8 ‘‘(2) OPPORTUNITY TO CURE.—If the Secretary 

9 disapproves a plan under this section, the Secretary 

10 shall give the State a written explanation of the rea11 sons for disapproval and allow the State to modify 

12 and resubmit the plan for approval. 

13 ‘‘(j) ALLOCATION OF FUNDS.— 

14 ‘‘(1) IN GENERAL.—The Secretary, by regulation, 

15 shall prescribe allocation criteria for funds made 

16 available under section 31104(a)(1). 

17 ‘‘(2) ANNUAL ALLOCATIONS.—On October 1 of 

18 each fiscal year, or as soon as practicable thereafter, 

19 and after making a deduction under section 31104(c), 

20 the Secretary shall allocate amounts made available 

21 under section 31104(a)(1) to carry out this section for 

22 the fiscal year among the States with plans approved 

23 under this section in accordance with the criteria pre24 scribed under paragraph (1). 
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1 ‘‘(3) ELECTIVE ADJUSTMENTS.—Subject to the 

2 availability of funding and notwithstanding fluctua3 tions in the data elements used by the Secretary to 

4 calculate the annual allocation amounts, after the cre5 ation of a new allocation formula under section 5106 

6 of the Surface Transportation Reauthorization and 

7 Reform Act of 2015, the Secretary may not make elec8 tive adjustments to the allocation formula that de9 crease a State’s Federal funding levels by more than 

10 3 percent in a fiscal year. The 3 percent limit shall 

11 not apply to the withholding provisions of subsection 

12 (k). 

13 ‘‘(k) PLAN MONITORING.— 

14 ‘‘(1) IN GENERAL.—On the basis of reports sub15 mitted by the lead State agency responsible for ad16 ministering a State plan approved under this section 

17 and an investigation by the Secretary, the Secretary 

18 shall periodically evaluate State implementation of 

19 and compliance with the State plan. 

20 ‘‘(2) WITHHOLDING OF FUNDS.— 

21 ‘‘(A) DISAPPROVAL.—If, after notice and an 

22 opportunity to be heard, the Secretary finds that 

23 a State plan previously approved under this sec24 tion is not being followed or has become inad25 equate to ensure enforcement of State regula-
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•HR 22 EAH 

1 tions, standards, or orders described in sub2 section (c)(1), or the State is otherwise not in 

3 compliance with the requirements of this section, 

4 the Secretary may withdraw approval of the 

5 State plan and notify the State. Upon the re6 ceipt of such notice, the State plan shall no 

7 longer be in effect and the Secretary shall with8 hold all funding to the State under this section. 

9 ‘‘(B) NONCOMPLIANCE WITHHOLDING.—In 

10 lieu of withdrawing approval of a State plan 

11 under subparagraph (A), the Secretary may, 

12 after providing notice to the State and an oppor13 tunity to be heard, withhold funding from the 

14 State to which the State would otherwise be enti15 tled under this section for the period of the 

16 State’s noncompliance. In exercising this option, 

17 the Secretary may withhold— 

18 ‘‘(i) up to 5 percent of funds during 

19 the fiscal year that the Secretary notifies 

20 the State of its noncompliance; 

21 ‘‘(ii) up to 10 percent of funds for the 

22 first full fiscal year of noncompliance; 

23 ‘‘(iii) up to 25 percent of funds for the 

24 second full fiscal year of noncompliance; 

25 and 
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•HR 22 EAH 

1 ‘‘(iv) not more than 50 percent of 

2 funds for the third and any subsequent full 

3 fiscal year of noncompliance. 

4 ‘‘(3) JUDICIAL REVIEW.—A State adversely af5 fected by a determination under paragraph (2) may 

6 seek judicial review under chapter 7 of title 5. Not7 withstanding the disapproval of a State plan under 

8 paragraph (2)(A) or the withholding of funds under 

9 paragraph (2)(B), the State may retain jurisdiction 

10 in an administrative or a judicial proceeding that 

11 commenced before the notice of disapproval or with12 holding if the issues involved are not related directly 

13 to the reasons for the disapproval or withholding. 

14 ‘‘(l) HIGH PRIORITY PROGRAM.— 

15 ‘‘(1) IN GENERAL.—The Secretary shall admin16 ister a high priority program funded under section 

17 31104 for the purposes described in paragraphs (2) 

18 and (3). 

19 ‘‘(2) ACTIVITIES RELATED TO MOTOR CARRIER

20 SAFETY.—The Secretary may make discretionary 

21 grants to and enter into cooperative agreements with 

22 States, local governments, federally recognized Indian 

23 tribes, other political jurisdictions as necessary, and 

24 any person to carry out high priority activities and 

25 projects that augment motor carrier safety activities 
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•HR 22 EAH 

1 and projects planned in accordance with subsections 

2 (b) and (c), including activities and projects that— 

3 ‘‘(A) increase public awareness and edu4 cation on commercial motor vehicle safety; 

5 ‘‘(B) target unsafe driving of commercial 

6 motor vehicles and noncommercial motor vehicles 

7 in areas identified as high risk crash corridors; 

8 ‘‘(C) improve the safe and secure movement 

9 of hazardous materials; 

10 ‘‘(D) improve safe transportation of goods 

11 and persons in foreign commerce; 

12 ‘‘(E) demonstrate new technologies to im13 prove commercial motor vehicle safety; 

14 ‘‘(F) support participation in performance 

15 and registration information systems manage16 ment under section 31106(b)— 

17 ‘‘(i) for entities not responsible for sub18 mitting the plan under subsection (c); or 

19 ‘‘(ii) for entities responsible for submit20 ting the plan under subsection (c)— 

21 ‘‘(I) before October 1, 2020, to 

22 achieve compliance with the require23 ments of participation; and 

24 ‘‘(II) beginning on October 1, 

25 2020, or once compliance is achieved, 
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•HR 22 EAH 

1 whichever is sooner, for special initia2 tives or projects that exceed routine op3 erations required for participation; 

4 ‘‘(G) conduct safety data improvement 

5 projects— 

6 ‘‘(i) that complete or exceed the re7 quirements under subsection (c)(2)(P) for 

8 entities not responsible for submitting the 

9 plan under subsection (c); or 

10 ‘‘(ii) that exceed the requirements 

11 under subsection (c)(2)(P) for entities re12 sponsible for submitting the plan under sub13 section (c); and 

14 ‘‘(H) otherwise improve commercial motor 

15 vehicle safety and compliance with commercial 

16 motor vehicle safety regulations. 

17 ‘‘(3) INNOVATIVE TECHNOLOGY DEPLOYMENT

18 GRANT PROGRAM.— 

19 ‘‘(A) IN GENERAL.—The Secretary shall es20 tablish an innovative technology deployment 

21 grant program to make discretionary grants 

22 funded under section 31104(a)(2) to eligible 

23 States for the innovative technology deployment 

24 of commercial motor vehicle information systems 

25 and networks. 
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1 ‘‘(B) PURPOSES.—The purposes of the pro2 gram shall be— 

3 ‘‘(i) to advance the technological capa4 bility and promote the deployment of intel5 ligent transportation system applications 

6 for commercial motor vehicle operations, in7 cluding commercial motor vehicle, commer8 cial driver, and carrier-specific information 

9 systems and networks; and 

10 ‘‘(ii) to support and maintain com11 mercial motor vehicle information systems 

12 and networks— 

13 ‘‘(I) to link Federal motor carrier 

14 safety information systems with State 

15 commercial motor vehicle systems; 

16 ‘‘(II) to improve the safety and 

17 productivity of commercial motor vehi18 cles and drivers; and 

19 ‘‘(III) to reduce costs associated 

20 with commercial motor vehicle oper21 ations and Federal and State commer22 cial motor vehicle regulatory require23 ments. 

24 ‘‘(C) ELIGIBILITY.—To be eligible for a 

25 grant under this paragraph, a State shall— 
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•HR 22 EAH 

1 ‘‘(i) have a commercial motor vehicle 

2 information systems and networks program 

3 plan approved by the Secretary that de4 scribes the various systems and networks at 

5 the State level that need to be refined, re6 vised, upgraded, or built to accomplish de7 ployment of commercial motor vehicle infor8 mation systems and networks capabilities; 

9 ‘‘(ii) certify to the Secretary that its 

10 commercial motor vehicle information sys11 tems and networks deployment activities, 

12 including hardware procurement, software 

13 and system development, and infrastructure 

14 modifications— 

15 ‘‘(I) are consistent with the na16 tional intelligent transportation sys17 tems and commercial motor vehicle in18 formation systems and networks archi19 tectures and available standards; and 

20 ‘‘(II) promote interoperability 

21 and efficiency to the extent practicable; 

22 and 

23 ‘‘(iii) agree to execute interoperability 

24 tests developed by the Federal Motor Carrier 

25 Safety Administration to verify that its sys-
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•HR 22 EAH 

1 tems conform with the national intelligent 

2 transportation systems architecture, appli3 cable standards, and protocols for commer4 cial motor vehicle information systems and 

5 networks. 

6 ‘‘(D) USE OF FUNDS.—Grant funds received 

7 under this paragraph may be used— 

8 ‘‘(i) for deployment activities and ac9 tivities to develop new and innovative ad10 vanced technology solutions that support 

11 commercial motor vehicle information sys12 tems and networks; 

13 ‘‘(ii) for planning activities, including 

14 the development or updating of program or 

15 top level design plans in order to become el16 igible or maintain eligibility under sub17 paragraph (C); and 

18 ‘‘(iii) for the operation and mainte19 nance costs associated with innovative tech20 nology. 

21 ‘‘(E) SECRETARY AUTHORIZATION.—The 

22 Secretary is authorized to award a State fund23 ing for the operation and maintenance costs as24 sociated with innovative technology deployment 
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•HR 22 EAH 

1 with funds made available under sections 

2 31104(a)(1) and 31104(a)(2).’’. 

3 (b) COMMERCIAL MOTOR VEHICLE OPERATORS GRANT

4 PROGRAM.—Section 31103 of title 49, United States Code, 

5 is amended to read as follows: 

6 ‘‘§ 31103. Commercial motor vehicle operators grant 

7 program 

8 ‘‘(a) IN GENERAL.—The Secretary shall administer a 

9 commercial motor vehicle operators grant program funded 

10 under section 31104. 

11 ‘‘(b) PURPOSE.—The purpose of the grant program is 

12 to train individuals in the safe operation of commercial 

13 motor vehicles (as defined in section 31301). 

14 ‘‘(c) VETERANS.—In administering grants under this 

15 section, the Secretary shall award priority to grant appli16 cations for programs to train former members of the armed 

17 forces (as defined in section 101 of title 10) in the safe oper18 ation of such vehicles.’’. 

19 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

20 31104 of title 49, United States Code, as amended by this 

21 Act, is further amended on the effective date set forth in 

22 subsection (f) to read as follows: 

23 ‘‘§ 31104. Authorization of appropriations 

24 ‘‘(a) FINANCIAL ASSISTANCE PROGRAMS.—The fol25 lowing sums are authorized to be appropriated from the 
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•HR 22 EAH 

1 Highway Trust Fund (other than the Mass Transit Ac2 count): 

3 ‘‘(1) MOTOR CARRIER SAFETY ASSISTANCE PRO4 GRAM.—Subject to paragraph (2) and subsection (c), 

5 to carry out section 31102— 

6 ‘‘(A) $278,242,684 for fiscal year 2017; 

7 ‘‘(B) $293,685,550 for fiscal year 2018; 

8 ‘‘(C) $308,351,227 for fiscal year 2019; 

9 ‘‘(D) $323,798,553 for fiscal year 2020; and 

10 ‘‘(E) $339,244,023 for fiscal year 2021. 

11 ‘‘(2) HIGH PRIORITY ACTIVITIES PROGRAM.— 

12 Subject to subsection (c), to make grants and coopera13 tive agreements under section 31102(l), the Secretary 

14 may set aside from amounts made available under 

15 paragraph (1) up to— 

16 ‘‘(A) $40,798,780 for fiscal year 2017; 

17 ‘‘(B) $41,684,114 for fiscal year 2018; 

18 ‘‘(C) $42,442,764 for fiscal year 2019; 

19 ‘‘(D) $43,325,574 for fiscal year 2020; and 

20 ‘‘(E) $44,209,416 for fiscal year 2021. 

21 ‘‘(3) COMMERCIAL MOTOR VEHICLE OPERATORS

22 GRANT PROGRAM.—To carry out section 31103— 

23 ‘‘(A) $1,000,000 for fiscal year 2017; 

24 ‘‘(B) $1,000,000 for fiscal year 2018; 

25 ‘‘(C) $1,000,000 for fiscal year 2019; 
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•HR 22 EAH 

1 ‘‘(D) $1,000,000 for fiscal year 2020; and 

2 ‘‘(E) $1,000,000 for fiscal year 2021. 

3 ‘‘(4) COMMERCIAL DRIVER’S LICENSE PROGRAM

4 IMPLEMENTATION PROGRAM.—Subject to subsection 

5 (c), to carry out section 31313— 

6 ‘‘(A) $30,958,536 for fiscal year 2017; 

7 ‘‘(B) $31,630,336 for fiscal year 2018; 

8 ‘‘(C) $32,206,008 for fiscal year 2019; 

9 ‘‘(D) $32,875,893 for fiscal year 2020; and 

10 ‘‘(E) $33,546,562 for fiscal year 2021. 

11 ‘‘(b) REIMBURSEMENT AND PAYMENT TO RECIPIENTS

12 FOR GOVERNMENT SHARE OF COSTS.— 

13 ‘‘(1) IN GENERAL.—Amounts made available 

14 under subsection (a) shall be used to reimburse finan15 cial assistance recipients proportionally for the Fed16 eral Government’s share of the costs incurred. 

17 ‘‘(2) REIMBURSEMENT AMOUNTS.—The Secretary 

18 shall reimburse a recipient, in accordance with a fi19 nancial assistance agreement made under section 

20 31102, 31103, or 31313, an amount that is at least 

21 85 percent of the costs incurred by the recipient in a 

22 fiscal year in developing and implementing programs 

23 under such sections. The Secretary shall pay the re24 cipient an amount not more than the Federal Govern25 ment share of the total costs approved by the Federal 
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•HR 22 EAH 

1 Government in the financial assistance agreement. 

2 The Secretary shall include a recipient’s in-kind con3 tributions in determining the reimbursement. 

4 ‘‘(3) VOUCHERS.—Each recipient shall submit 

5 vouchers at least quarterly for costs the recipient in6 curs in developing and implementing programs under 

7 sections 31102, 31103, and 31313. 

8 ‘‘(c) DEDUCTIONS FOR PARTNER TRAINING AND PRO9 GRAM SUPPORT.—On October 1 of each fiscal year, or as 

10 soon after that date as practicable, the Secretary may de11 duct from amounts made available under paragraphs (1), 

12 (2), and (4) of subsection (a) for that fiscal year not more 

13 than 1.50 percent of those amounts for partner training and 

14 program support in that fiscal year. The Secretary shall 

15 use at least 75 percent of those deducted amounts to train 

16 non-Federal Government employees and to develop related 

17 training materials in carrying out such programs. 

18 ‘‘(d) GRANTS AND COOPERATIVE AGREEMENTS AS

19 CONTRACTUAL OBLIGATIONS.—The approval of a financial 

20 assistance agreement by the Secretary under section 31102, 

21 31103, or 31313 is a contractual obligation of the Federal 

22 Government for payment of the Federal Government’s share 

23 of costs in carrying out the provisions of the grant or coop24 erative agreement. 
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•HR 22 EAH 

1 ‘‘(e) ELIGIBLE ACTIVITIES.—The Secretary shall es2 tablish criteria for eligible activities to be funded with fi3 nancial assistance agreements under this section and pub4 lish those criteria in a notice of funding availability before 

5 the financial assistance program application period. 

6 ‘‘(f) PERIOD OF AVAILABILITY OF FINANCIAL ASSIST7 ANCE AGREEMENT FUNDS FOR RECIPIENT EXPENDI8 TURES.—The period of availability for a recipient to ex9 pend funds under a grant or cooperative agreement author10 ized under subsection (a) is as follows: 

11 ‘‘(1) For grants made for carrying out section 

12 31102, other than section 31102(l), for the fiscal year 

13 in which the Secretary approves the financial assist14 ance agreement and for the next fiscal year. 

15 ‘‘(2) For grants made or cooperative agreements 

16 entered into for carrying out section 31102(l)(2), for 

17 the fiscal year in which the Secretary approves the fi18 nancial assistance agreement and for the next 2 fiscal 

19 years. 

20 ‘‘(3) For grants made for carrying out section 

21 31102(l)(3), for the fiscal year in which the Secretary 

22 approves the financial assistance agreement and for 

23 the next 4 fiscal years. 

24 ‘‘(4) For grants made for carrying out section 

25 31103, for the fiscal year in which the Secretary ap-
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•HR 22 EAH 

1 proves the financial assistance agreement and for the 

2 next fiscal year. 

3 ‘‘(5) For grants made or cooperative agreements 

4 entered into for carrying out section 31313, for the 

5 fiscal year in which the Secretary approves the finan6 cial assistance agreement and for the next 4 fiscal 

7 years. 

8 ‘‘(g) CONTRACT AUTHORITY; INITIAL DATE OF AVAIL9 ABILITY.—Amounts authorized from the Highway Trust 

10 Fund (other than the Mass Transit Account) by this section 

11 shall be available for obligation on the date of their appor12 tionment or allocation or on October 1 of the fiscal year 

13 for which they are authorized, whichever occurs first. 

14 ‘‘(h) AVAILABILITY OF FUNDING.—Amounts made 

15 available under this section shall remain available until ex16 pended.’’. 

17 (d) CLERICAL AMENDMENT.—The analysis for chapter 

18 311 of title 49, United States Code, is amended by striking 

19 the items relating to sections 31102, 31103, and 31104 and 

20 inserting the following: 

‘‘31102. Motor carrier safety assistance program. 

‘‘31103. Commercial motor vehicle operators grant program. 

‘‘31104. Authorization of appropriations.’’. 

21 (e) CONFORMING AMENDMENTS.— 

22 (1) SAFETY FITNESS OF OWNERS AND OPERATOR; 

23 SAFETY REVIEWS OF NEW OPERATORS.—Section 
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•HR 22 EAH 

1 31144(g) of title 49, United States Code, is amended 

2 by striking paragraph (5). 

3 (2) INFORMATION SYSTEMS; PERFORMANCE AND

4 REGISTRATION INFORMATION PROGRAM.—Section 

5 31106(b) of title 49, United States Code, is amended 

6 by striking paragraph (4). 

7 (3) BORDER ENFORCEMENT GRANTS.—Section 

8 31107 of title 49, United States Code, and the item 

9 relating to that section in the analysis for chapter 

10 311 of that title, are repealed. 

11 (4) PERFORMANCE AND REGISTRATION INFORMA12 TION SYSTEM MANAGEMENT.—Section 31109 of title 

13 49, United States Code, and the item relating to that 

14 section in the analysis for chapter 311 of that title, 

15 are repealed. 

16 (5) COMMERCIAL VEHICLE INFORMATION SYS17 TEMS AND NETWORKS DEPLOYMENT.—Section 4126 of 

18 SAFETEA–LU (49 U.S.C. 31106 note), and the item 

19 relating to that section in the table of contents con20 tained in section 1(b) of that Act, are repealed. 

21 (6) SAFETY DATA IMPROVEMENT PROGRAM.— 

22 Section 4128 of SAFETEA–LU (49 U.S.C. 31100 

23 note), and the item relating to that section in the 

24 table of contents contained in section 1(b) of that Act, 

25 are repealed. 
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•HR 22 EAH 

1 (7) GRANT PROGRAM FOR COMMERCIAL MOTOR

2 VEHICLE OPERATORS.—Section 4134 of SAFETEA– 

3 LU (49 U.S.C. 31301 note), and the item relating to 

4 that section in the table of contents contained in sec5 tion 1(b) of that Act, are repealed. 

6 (8) MAINTENANCE OF EFFORT AS CONDITION ON

7 GRANTS TO STATES.—Section 103(c) of the Motor 

8 Carrier Safety Improvement Act of 1999 (49 U.S.C. 

9 31102 note) is repealed. 

10 (9) STATE COMPLIANCE WITH CDL REQUIRE11 MENTS.—Section 103(e) of the Motor Carrier Safety 

12 Improvement Act of 1999 (49 U.S.C. 31102 note) is 

13 repealed. 

14 (10) BORDER STAFFING STANDARDS.—Section 

15 218(d) of the Motor Carrier Safety Improvement Act 

16 of 1999 (49 U.S.C. 31133 note) is amended— 

17 (A) in paragraph (1) by striking ‘‘section 

18 31104(f)(2)(B) of title 49, United States Code’’ 

19 and inserting ‘‘section 31104(a)(1) of title 49, 

20 United States Code’’; and 

21 (B) by striking paragraph (3). 

22 (f) EFFECTIVE DATE.—The amendments made by this 

23 section shall take effect on October 1, 2016. 

24 (g) TRANSITION.—Notwithstanding the amendments 

25 made by this section, the Secretary shall carry out sections 
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•HR 22 EAH 

1 31102, 31103, 31104 of title 49, United States Code, and 

2 any sections repealed under subsection (e), as necessary, as 

3 those sections were in effect on the day before October 1, 

4 2016, with respect to applications for grants, cooperative 

5 agreements, or contracts under those sections submitted be6 fore October 1, 2016. 

7 SEC. 5102. PERFORMANCE AND REGISTRATION INFORMA8 TION SYSTEMS MANAGEMENT. 

9 Section 31106(b) of title 49, United States Code, is 

10 amended in the subheading by striking ‘‘PROGRAM’’ and in11 serting ‘‘SYSTEMS MANAGEMENT’’. 

12 SEC. 5103. AUTHORIZATION OF APPROPRIATIONS. 

13 (a) IN GENERAL.—Subchapter I of chapter 311 of title 

14 49, United States Code, is amended by adding at the end 

15 the following: 

16 ‘‘§ 31110. Authorization of appropriations 

17 ‘‘(a) ADMINISTRATIVE EXPENSES.—There is author18 ized to be appropriated from the Highway Trust Fund 

19 (other than the Mass Transit Account) for the Secretary of 

20 Transportation to pay administrative expenses of the Fed21 eral Motor Carrier Safety Administration— 

22 ‘‘(1) $259,000,000 for fiscal year 2016; 

23 ‘‘(2) $259,000,000 for fiscal year 2017; 

24 ‘‘(3) $259,000,000 for fiscal year 2018; 

25 ‘‘(4) $259,000,000 for fiscal year 2019; 
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•HR 22 EAH 

1 ‘‘(5) $259,000,000 for fiscal year 2020; and 

2 ‘‘(6) $259,000,000 for fiscal year 2021. 

3 ‘‘(b) USE OF FUNDS.—The funds authorized by this 

4 section shall be used for— 

5 ‘‘(1) personnel costs; 

6 ‘‘(2) administrative infrastructure; 

7 ‘‘(3) rent; 

8 ‘‘(4) information technology; 

9 ‘‘(5) programs for research and technology, infor10 mation management, regulatory development, and the 

11 administration of performance and registration infor12 mation systems management under section 31106(b); 

13 ‘‘(6) programs for outreach and education under 

14 subsection (c); 

15 ‘‘(7) other operating expenses; 

16 ‘‘(8) conducting safety reviews of new operators; 

17 and 

18 ‘‘(9) such other expenses as may from time to 

19 time become necessary to implement statutory man20 dates of the Federal Motor Carrier Safety Adminis21 tration not funded from other sources. 

22 ‘‘(c) OUTREACH AND EDUCATION PROGRAM.— 

23 ‘‘(1) IN GENERAL.—The Secretary may conduct, 

24 through any combination of grants, contracts, cooper25 ative agreements, and other activities, an internal 
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•HR 22 EAH 

1 and external outreach and education program to be 

2 administered by the Administrator of the Federal 

3 Motor Carrier Safety Administration. 

4 ‘‘(2) FEDERAL SHARE.—The Federal share of an 

5 outreach and education project for which a grant, 

6 contract, or cooperative agreement is made under this 

7 subsection may be up to 100 percent of the cost of the 

8 project. 

9 ‘‘(3) FUNDING.—From amounts made available 

10 under subsection (a), the Secretary shall make avail11 able not more than $4,000,000 each fiscal year. 

12 ‘‘(d) CONTRACT AUTHORITY; INITIAL DATE OF AVAIL13 ABILITY.—Amounts authorized from the Highway Trust 

14 Fund (other than the Mass Transit Account) by this section 

15 shall be available for obligation on the date of their appor16 tionment or allocation or on October 1 of the fiscal year 

17 for which they are authorized, whichever occurs first. 

18 ‘‘(e) FUNDING AVAILABILITY.—Amounts made avail19 able under this section shall remain available until ex20 pended. 

21 ‘‘(f) CONTRACTUAL OBLIGATION.—The approval of 

22 funds by the Secretary under this section is a contractual 

23 obligation of the Federal Government for payment of the 

24 Federal Government’s share of costs.’’. 
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•HR 22 EAH 

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

2 311 of title 49, United States Code, is amended by adding 

3 at the end of the items relating to subchapter I the following: 

‘‘31110. Authorization of appropriations.’’. 

4 (c) CONFORMING AMENDMENTS.— 

5 (1) ADMINISTRATIVE EXPENSES; AUTHORIZATION

6 OF APPROPRIATIONS.—Section 31104 of title 49, 

7 United States Code, is amended— 

8 (A) by striking subsection (i); and 

9 (B) by redesignating subsections (j) and (k) 

10 as subsections (i) and (j), respectively. 

11 (2) USE OF AMOUNTS MADE AVAILABLE UNDER

12 SUBSECTION (i).—Section 4116(d) of SAFETEA–LU 

13 (49 U.S.C. 31104 note) is amended by striking ‘‘sec14 tion 31104(i)’’ and inserting ‘‘section 31110’’. 

15 (3) INTERNAL COOPERATION.—Section 31161 of 

16 title 49, United States Code, is amended by striking 

17 ‘‘section 31104(i)’’ and inserting ‘‘section 31110’’. 

18 (4) SAFETEA–LU; OUTREACH AND EDU19 CATION.—Section 4127 of SAFETEA–LU (119 Stat. 

20 1741; Public Law 109–59), and the item relating to 

21 that section in the table of contents contained in sec22 tion 1(b) of that Act, are repealed. 
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•HR 22 EAH 

1 SEC. 5104. COMMERCIAL DRIVER’S LICENSE PROGRAM IM2 PLEMENTATION. 

3 (a) IN GENERAL.—Section 31313 of title 49, United 

4 States Code, is amended to read as follows: 

5 ‘‘§ 31313. Commercial driver’s license program imple6 mentation financial assistance program 

7 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

8 shall administer a financial assistance program for com9 mercial driver’s license program implementation for the 

10 purposes described in paragraphs (1) and (2). 

11 ‘‘(1) STATE COMMERCIAL DRIVER’S LICENSE

12 PROGRAM IMPLEMENTATION GRANTS.—In carrying 

13 out the program, the Secretary may make a grant to 

14 a State agency in a fiscal year— 

15 ‘‘(A) to assist the State in complying with 

16 the requirements of section 31311; and 

17 ‘‘(B) in the case of a State that is making 

18 a good faith effort toward substantial compliance 

19 with the requirements of section 31311, to im20 prove the State’s implementation of its commer21 cial driver’s license program, including ex22 penses— 

23 ‘‘(i) for computer hardware and soft24 ware; 

25 ‘‘(ii) for publications, testing, per26 sonnel, training, and quality control; 
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•HR 22 EAH 

1 ‘‘(iii) for commercial driver’s license 

2 program coordinators; and 

3 ‘‘(iv) to implement or maintain a sys4 tem to notify an employer of an operator of 

5 a commercial motor vehicle of the suspen6 sion or revocation of the operator’s commer7 cial driver’s license consistent with the 

8 standards developed under section 32303(b) 

9 of the Commercial Motor Vehicle Safety En10 hancement Act of 2012 (49 U.S.C. 31304 

11 note). 

12 ‘‘(2) PRIORITY ACTIVITIES.—The Secretary may 

13 make a grant to or enter into a cooperative agreement 

14 with a State agency, local government, or any person 

15 in a fiscal year for research, development and testing, 

16 demonstration projects, public education, and other 

17 special activities and projects relating to commercial 

18 drivers licensing and motor vehicle safety that— 

19 ‘‘(A) benefit all jurisdictions of the United 

20 States; 

21 ‘‘(B) address national safety concerns and 

22 circumstances; 

23 ‘‘(C) address emerging issues relating to 

24 commercial driver’s license improvements; 
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•HR 22 EAH 

1 ‘‘(D) support innovative ideas and solutions 

2 to commercial driver’s license program issues; or 

3 ‘‘(E) address other commercial driver’s li4 cense issues, as determined by the Secretary. 

5 ‘‘(b) PROHIBITIONS.—A recipient may not use finan6 cial assistance funds awarded under this section to rent, 

7 lease, or buy land or buildings. 

8 ‘‘(c) REPORT.—The Secretary shall issue an annual 

9 report on the activities carried out under this section. 

10 ‘‘(d) APPORTIONMENT.—All amounts made available 

11 to carry out this section for a fiscal year shall be appor12 tioned to a recipient described in subsection (a)(2) accord13 ing to criteria prescribed by the Secretary. 

14 ‘‘(e) FUNDING.—For fiscal years beginning after Sep15 tember 30, 2016, this section shall be funded under section 

16 31104.’’. 

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

18 313 of title 49, United States Code, is amended by striking 

19 the item relating to section 31313 and inserting the fol20 lowing: 

‘‘31313. Commercial driver’s license program implementation financial assistance 

program.’’. 

21 SEC. 5105. EXTENSION OF FEDERAL MOTOR CARRIER SAFE22 TY PROGRAMS FOR FISCAL YEAR 2016. 

23 (a) MOTOR CARRIER SAFETY ASSISTANCE PROGRAM

24 GRANT EXTENSION.—Section 31104(a) of title 49, United 
424 

•HR 22 EAH 

1 States Code, is amended by striking paragraphs (10) and 

2 (11) and inserting the following: 

3 ‘‘(10) $218,000,000 for fiscal year 2015; and 

4 ‘‘(11) $241,480,000 for fiscal year 2016.’’. 

5 (b) EXTENSION OF GRANT PROGRAMS.—Section 

6 4101(c) of SAFETEA–LU (119 Stat. 1715; Public Law 

7 109–59) is amended to read as follows: 

8 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—The fol9 lowing sums are authorized to be appropriated from the 

10 Highway Trust Fund (other than the Mass Transit Ac11 count): 

12 ‘‘(1) COMMERCIAL DRIVER’S LICENSE PROGRAM

13 IMPROVEMENT GRANTS.—For carrying out the com14 mercial driver’s license program improvement grants 

15 program under section 31313 of title 49, United 

16 States Code, $30,480,000 for fiscal year 2016. 

17 ‘‘(2) BORDER ENFORCEMENT GRANTS.—For bor18 der enforcement grants under section 31107 of that 

19 title $32,512,000 for fiscal year 2016. 

20 ‘‘(3) PERFORMANCE AND REGISTRATION INFOR21 MATION SYSTEMS MANAGEMENT GRANT PROGRAM.— 

22 For the performance and registration information 

23 systems management grant program under section 

24 31109 of that title $5,080,000 for fiscal year 2016. 
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•HR 22 EAH 

1 ‘‘(4) COMMERCIAL VEHICLE INFORMATION SYS2 TEMS AND NETWORKS DEPLOYMENT.—For carrying 

3 out the commercial vehicle information systems and 

4 networks deployment program under section 4126 of 

5 this Act $25,400,000 for fiscal year 2016. 

6 ‘‘(5) SAFETY DATA IMPROVEMENT GRANTS.—For 

7 safety data improvement grants under section 4128 of 

8 this Act $3,048,000 for fiscal year 2016.’’. 

9 (c) HIGH-PRIORITY ACTIVITIES.—Section 31104(j)(2) 

10 of title 49, United States Code, as redesignated by this sub11 title, is amended by striking ‘‘2015’’ the first place it ap12 pears and inserting ‘‘2016’’. 

13 (d) NEW ENTRANT AUDITS.—Section 31144(g)(5)(B) 

14 of title 49, United States Code, is amended to read as fol15 lows: 

16 ‘‘(B) SET ASIDE.—The Secretary shall set 

17 aside from amounts made available under sec18 tion 31104(a) up to $32,000,000 for fiscal year 

19 2016 for audits of new entrant motor carriers 

20 conducted under this paragraph.’’. 

21 (e) GRANT PROGRAM FOR COMMERCIAL MOTOR VEHI22 CLE OPERATORS.—Section 4134(c) of SAFETEA–LU (49 

23 U.S.C. 31301 note) is amended to read as follows: 

24 ‘‘(c) FUNDING.—From amounts made available under 

25 section 31110 of title 49, United States Code, the Secretary 
426 

•HR 22 EAH 

1 shall make available, $1,000,000 for fiscal year 2016 to 

2 carry out this section.’’. 

3 (f) COMMERCIAL VEHICLE INFORMATION SYSTEMS

4 AND NETWORKS DEPLOYMENT.— 

5 (1) IN GENERAL.—Section 4126 of SAFETEA– 

6 LU (49 U.S.C. 31106 note; 119 Stat. 1738; Public 

7 Law 109–59) is amended— 

8 (A) in subsection (c)— 

9 (i) in paragraph (2) by adding at the 

10 end the following: ‘‘Funds deobligated by the 

11 Secretary from previous year grants shall 

12 not be counted toward the $2,500,000 max13 imum aggregate amount for core deploy14 ment.’’; and 

15 (ii) in paragraph (3) by adding at the 

16 end the following: ‘‘Funds may also be used 

17 for planning activities, including the devel18 opment or updating of program or top level 

19 design plans.’’; and 

20 (B) in subsection (d)(4) by adding at the 

21 end the following: ‘‘Funds may also be used for 

22 planning activities, including the development or 

23 updating of program or top level design plans.’’. 

24 (2) INNOVATIVE TECHNOLOGY DEPLOYMENT PRO25 GRAM.—For fiscal year 2016, the commercial vehicle 
427 

•HR 22 EAH 

1 information systems and networks deployment pro2 gram under section 4126 of SAFETEA–LU (119 

3 Stat. 1738; Public Law 109–59) may also be referred 

4 to as the innovative technology deployment program. 

5 SEC. 5106. MOTOR CARRIER SAFETY ASSISTANCE PROGRAM 

6 ALLOCATION. 

7 (a) WORKING GROUP.— 

8 (1) ESTABLISHMENT.—Not later than 180 days 

9 after the date of enactment of this Act, the Secretary 

10 shall establish a motor carrier safety assistance pro11 gram formula working group (in this section referred 

12 to as the ‘‘working group’’). 

13 (2) MEMBERSHIP.— 

14 (A) IN GENERAL.—Subject to subparagraph 

15 (B), the working group shall consist of represent16 atives of the following: 

17 (i) The Federal Motor Carrier Safety 

18 Administration. 

19 (ii) The lead State commercial motor 

20 vehicle safety agencies responsible for ad21 ministering the plan required by section 

22 31102 of title 49, United States Code. 

23 (iii) An organization representing 

24 State agencies responsible for enforcing a 
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•HR 22 EAH 

1 program for inspection of commercial motor 

2 vehicles. 

3 (iv) Such other persons as the Sec4 retary considers necessary. 

5 (B) COMPOSITION.—Representatives of 

6 State commercial motor vehicle safety agencies 

7 shall comprise at least 51 percent of the member8 ship. 

9 (3) NEW ALLOCATION FORMULA.—The working 

10 group shall analyze requirements and factors for the 

11 establishment of a new allocation formula for the 

12 motor carrier assistance program under section 31102 

13 of title 49, United States Code. 

14 (4) RECOMMENDATION.—Not later than 1 year 

15 after the date the working group is established under 

16 paragraph (1), the working group shall make a rec17 ommendation to the Secretary regarding a new allo18 cation formula for the motor carrier assistance pro19 gram. 

20 (5) EXEMPTION.—The Federal Advisory Com21 mittee Act (5 U.S.C. App.) shall not apply to the 

22 working group established under this subsection. 

23 (6) PUBLICATION.—The Administrator of the 

24 Federal Motor Carrier Safety Administration shall 
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•HR 22 EAH 

1 publish on a publicly accessible Internet Web site of 

2 the Federal Motor Carrier Safety Administration— 

3 (A) summaries of the meetings of the work4 ing group; and 

5 (B) the final recommendation of the work6 ing group provided to the Secretary. 

7 (b) NOTICE OF PROPOSED RULEMAKING.—After re8 ceiving the recommendation of the working group under 

9 subsection (a)(4), the Secretary shall publish in the Federal 

10 Register a notice seeking public comment on the establish11 ment of a new allocation formula for the motor carrier safe12 ty assistance program. 

13 (c) BASIS FOR FORMULA.—The Secretary shall ensure 

14 that the new allocation formula for the motor carrier assist15 ance program is based on factors that reflect, at a min16 imum— 

17 (1) the relative needs of the States to comply 

18 with section 31102 of title 49, United States Code; 

19 (2) the relative administrative capacities of and 

20 challenges faced by States in complying with that sec21 tion; 

22 (3) the average of each State’s new entrant motor 

23 carrier inventory for the 3-year period prior to the 

24 date of enactment of this Act; 
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1 (4) the number of international border inspec2 tion facilities and border crossings by commercial ve3 hicles in each State; and 

4 (5) any other factors the Secretary considers ap5 propriate. 

6 (d) FUNDING AMOUNTS PRIOR TO DEVELOPMENT OF

7 NEW ALLOCATION FORMULA.— 

8 (1) INTERIM FORMULA.—Prior to the develop9 ment of the new allocation formula for the motor car10 rier assistance program, the Secretary may calculate 

11 the interim funding amounts for that program in fis12 cal year 2017 (and later fiscal years, as necessary) 

13 under section 31104(a)(1) of title 49, United States 

14 Code, as amended by this subtitle, by using the fol15 lowing methodology: 

16 (A) The Secretary shall calculate the fund17 ing amount to a State using the allocation for18 mula the Secretary used to award motor carrier 

19 safety assistance program funding in fiscal year 

20 2016 under section 31102 of title 49, United 

21 States Code. 

22 (B) The Secretary shall average the funding 

23 awarded or other equitable amounts to a State 

24 in fiscal years 2013, 2014, and 2015 for— 
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1 (i) border enforcement grants under 

2 section 31107 of title 49, United States 

3 Code; and 

4 (ii) new entrant audit grants under 

5 section 31144(g)(5) of that title. 

6 (C) The Secretary shall add the amounts 

7 calculated in subparagraphs (A) and (B). 

8 (2) ADJUSTMENTS.—Subject to the availability 

9 of funding and notwithstanding fluctuations in the 

10 data elements used by the Secretary, the initial 

11 amounts resulting from the calculation described in 

12 paragraph (1) shall be adjusted to ensure that, for 

13 each State, the amount shall not be less than 97 per14 cent of the average amount of funding received or 

15 other equitable amounts in fiscal years 2013, 2014, 

16 and 2015 for— 

17 (A) motor carrier safety assistance program 

18 funds awarded to the State under section 31102 

19 of title 49, United States Code; 

20 (B) border enforcement grants awarded to 

21 the State under section 31107 of title 49, United 

22 States Code; and 

23 (C) new entrant audit grants awarded to 

24 the State under section 31144(g)(5) of title 49, 

25 United States Code. 
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1 (3) IMMEDIATE RELIEF.—In developing the new 

2 allocation formula, the Secretary shall terminate the 

3 withholding of motor carrier assistance program 

4 funds from a State for at least 3 fiscal years if the 

5 State was subject to the withholding of such funds for 

6 matters of noncompliance immediately prior to the 

7 date of enactment of this Act. 

8 (4) FUTURE WITHHOLDINGS.—Beginning on the 

9 date that the new allocation formula for the motor 

10 carrier assistance program is implemented, the Sec11 retary shall impose all future withholdings in accord12 ance with section 31102(k) of title 49, United States 

13 Code, as amended by this subtitle. 

14 (e) TERMINATION OF WORKING GROUP.—The working 

15 group established under subsection (a) shall terminate on 

16 the date of the implementation of a new allocation formula 

17 for the motor carrier safety assistance program. 

18 SEC. 5107. MAINTENANCE OF EFFORT CALCULATION. 

19 (a) BEFORE NEW ALLOCATION FORMULA.— 

20 (1) FISCAL YEAR 2017.—If a new allocation for21 mula for the motor carrier safety assistance program 

22 has not been established under this subtitle for fiscal 

23 year 2017, the Secretary shall calculate for fiscal year 

24 2017 the maintenance of effort baseline required 

25 under section 31102(f) of title 49, United States Code, 
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1 as amended by this subtitle, by averaging the expend2 itures for fiscal years 2004 and 2005 required by sec3 tion 31102(b)(4) of title 49, United States Code, as 

4 that section was in effect on the day before the date 

5 of enactment of this Act. 

6 (2) SUBSEQUENT FISCAL YEARS.—The Secretary 

7 may use the methodology for calculating the mainte8 nance of effort baseline specified in paragraph (1) for 

9 fiscal year 2018 and subsequent fiscal years if a new 

10 allocation formula for the motor carrier safety assist11 ance program has not been established for that fiscal 

12 year. 

13 (b) BEGINNING WITH NEW ALLOCATION FORMA14 TION.— 

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

16 (3)(B), beginning on the date that a new allocation 

17 formula for the motor carrier safety assistance pro18 gram is established under this subtitle, upon the re19 quest of a State, the Secretary may waive or modify 

20 the baseline maintenance of effort required of the 

21 State by section 31102(e) of title 49, United States 

22 Code, as amended by this subtitle, for the purpose of 

23 establishing a new baseline maintenance of effort if 

24 the Secretary determines that a waiver or modifica25 tion— 
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1 (A) is equitable due to reasonable cir2 cumstances; 

3 (B) will ensure the continuation of commer4 cial motor vehicle enforcement activities in the 

5 State; and 

6 (C) is necessary to ensure that the total 

7 amount of State maintenance of effort and 

8 matching expenditures required under sections 

9 31102 and 31104 of title 49, United States Code, 

10 as amended by this subtitle, does not exceed a 

11 sum greater than the average of the total amount 

12 of State maintenance of effort and matching ex13 penditures required under those sections for the 

14 3 fiscal years prior to the date of enactment of 

15 this Act. 

16 (2) ADJUSTMENT METHODOLOGY.—If requested 

17 by a State, the Secretary may modify the mainte18 nance of effort baseline referred to in paragraph (1) 

19 for the State according to the following methodology: 

20 (A) The Secretary shall establish the main21 tenance of effort baseline for the State using the 

22 average baseline of fiscal years 2004 and 2005, 

23 as required by section 31102(b)(4) of title 49, 

24 United States Code, as that section was in effect 
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1 on the day before the date of enactment of this 

2 Act. 

3 (B) The Secretary shall calculate the aver4 age required match by a lead State commercial 

5 motor vehicle safety agency for fiscal years 2013, 

6 2014, and 2015 for motor carrier safety assist7 ance grants established at 20 percent by section 

8 31103 of title 49, United States Code, as that 

9 section was in effect on the day before the date 

10 of enactment of this Act. 

11 (C) The Secretary shall calculate the esti12 mated match required under section 31104(b) of 

13 title 49, United States Code, as amended by this 

14 subtitle. 

15 (D) The Secretary shall subtract the amount 

16 in subparagraph (B) from the amount in sub17 paragraph (C) and— 

18 (i) if the number is greater than 0, the 

19 Secretary shall subtract the number from 

20 the amount in subparagraph (A); or 

21 (ii) if the number is not greater than 

22 0, the Secretary shall calculate the mainte23 nance of effort using the methodology in 

24 subparagraph (A). 

25 (3) MAINTENANCE OF EFFORT AMOUNT.— 
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1 (A) IN GENERAL.—The Secretary shall use 

2 the amount calculated under paragraph (2) as 

3 the baseline maintenance of effort required under 

4 section 31102(f) of title 49, United States Code, 

5 as amended by this subtitle. 

6 (B) DEADLINE.—If a State does not request 

7 a waiver or modification under this subsection 

8 before September 30 during the first fiscal year 

9 that the Secretary implements a new allocation 

10 formula for the motor carrier safety assistance 

11 program under this subtitle, the Secretary shall 

12 calculate the maintenance of effort using the 

13 methodology described in paragraph (2)(A). 

14 (4) MAINTENANCE OF EFFORT DESCRIBED.—The 

15 maintenance of effort calculated under this section is 

16 the amount required under section 31102(f) of title 

17 49, United States Code, as amended by this subtitle. 

18 (c) TERMINATION OF EFFECTIVENESS.—The authority 

19 of the Secretary under this section shall terminate effective 

20 on the date that a new maintenance of effort baseline is 

21 calculated based on a new allocation formula for the motor 

22 carrier safety assistance program implemented under sec23 tion 31102 of title 49, United States Code. 
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1 Subtitle B—Federal Motor Carrier 

2 Safety Administration Reform 

3 PART I—REGULATORY REFORM 

4 SEC. 5201. NOTICE OF CANCELLATION OF INSURANCE. 

5 Section 13906(e) of title 49, United States Code, is 

6 amended by inserting ‘‘or suspend’’ after ‘‘revoke’’. 

7 SEC. 5202. REGULATIONS. 

8 Section 31136 of title 49, United States Code, is 

9 amended— 

10 (1) by redesignating subsection (f) as subsection 

11 (g) and transferring such subsection to appear at the 

12 end of section 31315 of such title; and 

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

14 ‘‘(f) REGULATORY IMPACT ANALYSIS.—Within each 

15 regulatory impact analysis of a proposed or final rule 

16 issued by the Federal Motor Carrier Safety Administration, 

17 the Secretary shall, whenever practicable— 

18 ‘‘(1) consider the effects of the proposed or final 

19 rule on different segments of the motor carrier indus20 try; 

21 ‘‘(2) formulate estimates and findings based on 

22 the best available science; and 

23 ‘‘(3) utilize available data specific to the dif24 ferent types of motor carriers, including small and 
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1 large carriers, and drivers that will be impacted by 

2 the proposed or final rule. 

3 ‘‘(g) PUBLIC PARTICIPATION.— 

4 ‘‘(1) IN GENERAL.—If a proposed rule promul5 gated under this part is likely to lead to the promul6 gation of a major rule, the Secretary, before promul7 gating such proposed rule, shall— 

8 ‘‘(A) issue an advance notice of proposed 

9 rulemaking; or 

10 ‘‘(B) proceed with a negotiated rulemaking. 

11 ‘‘(2) REQUIREMENTS.—Each advance notice of 

12 proposed rulemaking issued under paragraph (1) 

13 shall— 

14 ‘‘(A) identify the need for a potential regu15 latory action; 

16 ‘‘(B) identify and request public comment 

17 on the best available science or technical infor18 mation relevant to analyzing potential regu19 latory alternatives; 

20 ‘‘(C) request public comment on the avail21 able data and costs with respect to regulatory al22 ternatives reasonably likely to be considered as 

23 part of the rulemaking; and 

24 ‘‘(D) request public comment on available 

25 alternatives to regulation. 
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1 ‘‘(3) WAIVER.—This subsection does not apply to 

2 a proposed rule if the Secretary, for good cause, finds 

3 (and incorporates the finding and a brief statement 

4 of reasons for such finding in the proposed or final 

5 rule) that an advance notice of proposed rulemaking 

6 is impracticable, unnecessary, or contrary to the pub7 lic interest. 

8 ‘‘(h) REVIEW OF RULES.— 

9 ‘‘(1) IN GENERAL.—Once every 5 years, the Sec10 retary shall conduct a review of regulations issued 

11 under this part. 

12 ‘‘(2) SCHEDULE.—At the beginning of each 5- 

13 year review period, the Secretary shall publish a 

14 schedule that sets forth the plan for completing the re15 view under paragraph (1) within 5 years. 

16 ‘‘(3) NOTIFICATION OF CHANGES.—During each 

17 review period, the Secretary shall address any 

18 changes to the schedule published under paragraph 

19 (2) and notify the public of such changes. 

20 ‘‘(4) CONSIDERATION OF PETITIONS.—In con21 ducting a review under paragraph (1), the Secretary 

22 shall consider petitions for regulatory action under 

23 this part received by the Administrator of the Federal 

24 Motor Carrier Safety Administration. 
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1 ‘‘(5) ASSESSMENT.—At the conclusion of each re2 view under paragraph (1), the Secretary shall publish 

3 on a publicly accessible Internet Web site of the De4 partment of Transportation an assessment that in5 cludes— 

6 ‘‘(A) an inventory of the regulations issued 

7 during the 5-year period ending on the date on 

8 which the assessment is published; 

9 ‘‘(B) a determination of whether the regula10 tions are— 

11 ‘‘(i) consistent and clear; 

12 ‘‘(ii) current with the operational re13 alities of the motor carrier industry; and 

14 ‘‘(iii) uniformly enforced; and 

15 ‘‘(C) an assessment of whether the regula16 tions continue to be necessary. 

17 ‘‘(6) RULEMAKING.—Not later than 2 years after 

18 the completion of each review under this subsection, 

19 the Secretary shall initiate a rulemaking to amend 

20 regulations as necessary to address the determinations 

21 made under paragraph (5)(B) and the results of the 

22 assessment under paragraph (5)(C). 

23 ‘‘(i) RULE OF CONSTRUCTION.—Nothing in subsection 

24 (f) or (g) may be construed to limit the contents of an ad25 vance notice of proposed rulemaking.’’. 
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1 SEC. 5203. GUIDANCE. 

2 (a) IN GENERAL.— 

3 (1) DATE OF ISSUANCE AND POINT OF CON4 TACT.—Each guidance document issued by the Fed5 eral Motor Carrier Safety Administration shall have 

6 a date of issuance or a date of revision, as applicable, 

7 and shall include the name and contact information 

8 of a point of contact at the Administration who can 

9 respond to questions regarding the guidance. 

10 (2) PUBLIC ACCESSIBILITY.— 

11 (A) IN GENERAL.—Each guidance document 

12 issued or revised by the Federal Motor Carrier 

13 Safety Administration shall be published on a 

14 publicly accessible Internet Web site of the De15 partment on the date of issuance or revision. 

16 (B) REDACTION.—The Administrator of the 

17 Federal Motor Carrier Safety Administration 

18 may redact from a guidance document published 

19 under subparagraph (A) any information that 

20 would reveal investigative techniques that would 

21 compromise Administration enforcement efforts. 

22 (3) INCORPORATION INTO REGULATIONS.—Not 

23 later than 5 years after the date on which a guidance 

24 document is published under paragraph (2) or during 

25 an applicable review under subsection (c), whichever 

26 is earlier, the Secretary shall revise regulations to in-
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1 corporate the guidance document to the extent prac2 ticable. 

3 (4) REISSUANCE.—If a guidance document is 

4 not incorporated into regulations in accordance with 

5 paragraph (3), the Administrator shall— 

6 (A) reissue an updated version of the guid7 ance document; and 

8 (B) review and reissue an updated version 

9 of the guidance document every 5 years until the 

10 date on which the guidance document is removed 

11 or incorporated into applicable regulations. 

12 (b) INITIAL REVIEW.—Not later than 1 year after the 

13 date of enactment of this Act, the Administrator shall re14 view all guidance documents published under subsection (a) 

15 to ensure that such documents are current, are readily ac16 cessible to the public, and meet the standards specified in 

17 subparagraphs (A), (B), and (C) of subsection (c)(1). 

18 (c) REGULAR REVIEW.— 

19 (1) IN GENERAL.—Subject to paragraph (2), not 

20 less than once every 5 years, the Administrator shall 

21 conduct a comprehensive review of the guidance docu22 ments issued by the Federal Motor Carrier Safety Ad23 ministration to determine whether such documents 

24 are— 

25 (A) consistent and clear; 
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1 (B) uniformly and consistently enforced; 

2 and 

3 (C) still necessary. 

4 (2) NOTICE AND COMMENT.—Prior to beginning 

5 a review under paragraph (1), the Administrator 

6 shall publish in the Federal Register a notice and re7 quest for comment that solicits input from stake8 holders on which guidance documents should be up9 dated or eliminated. 

10 (3) REPORT.— 

11 (A) IN GENERAL.—Not later than 60 days 

12 after the date on which a review under para13 graph (1) is completed, the Administrator shall 

14 publish on a publicly accessible Internet Web site 

15 of the Department a report detailing the review 

16 and a full inventory of the guidance documents 

17 of the Administration. 

18 (B) CONTENTS.—A report under subpara19 graph (A) shall include a summary of the re20 sponse of the Administration to each comment 

21 received under paragraph (2). 

22 (d) GUIDANCE DOCUMENT DEFINED.—In this section, 

23 the term ‘‘guidance document’’ means a document issued 

24 by the Federal Motor Carrier Safety Administration that— 
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1 (1) provides an interpretation of a regulation of 

2 the Administration; or 

3 (2) includes an enforcement policy of the Admin4 istration. 

5 SEC. 5204. PETITIONS. 

6 (a) IN GENERAL.—The Administrator of the Federal 

7 Motor Carrier Safety Administration shall— 

8 (1) publish on a publicly accessible Internet Web 

9 site of the Department a summary of all petitions for 

10 regulatory action submitted to the Administration; 

11 (2) prioritize the petitions submitted based on 

12 the likelihood of safety improvements resulting from 

13 the regulatory action requested; 

14 (3) not later than 180 days after the date a sum15 mary of a petition is published under paragraph (1), 

16 formally respond to such petition by indicating 

17 whether the Administrator will accept, deny, or fur18 ther review the petition; 

19 (4) prioritize responses to petitions consistent 

20 with a response’s potential to reduce crashes, improve 

21 enforcement, and reduce unnecessary burdens; and 

22 (5) not later than 60 days after the date of re23 ceipt of a petition, publish on a publicly accessible 

24 Internet Web site of the Department an updated in25 ventory of the petitions described in paragraph (1), 
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1 including any applicable disposition information for 

2 those petitions. 

3 (b) PETITION DEFINED.—In this section, the term ‘‘pe4 tition’’ means a request for a new regulation, a regulatory 

5 interpretation or clarification, or a review of a regulation 

6 to eliminate or modify an obsolete, ineffective, or overly bur7 densome regulation. 

8 PART II—COMPLIANCE, SAFETY, 

9 ACCOUNTABILITY REFORM 

10 SEC. 5221. CORRELATION STUDY. 

11 (a) IN GENERAL.—The Administrator of the Federal 

12 Motor Carrier Safety Administration (referred to in this 

13 part as the ‘‘Administrator’’) shall commission the National 

14 Research Council of the National Academies to conduct a 

15 study of— 

16 (1) the Compliance, Safety, Accountability pro17 gram of the Federal Motor Carrier Safety Adminis18 tration (referred to in this part as the ‘‘CSA pro19 gram’’); and 

20 (2) the Safety Measurement System utilized by 

21 the CSA program (referred to in this part as the 

22 ‘‘SMS’’). 

23 (b) SCOPE OF STUDY.—In carrying out the study com24 missioned pursuant to subsection (a), the National Research 

25 Council— 
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1 (1) shall analyze— 

2 (A) the accuracy with which the Behavior 

3 Analysis and Safety Improvement Categories 

4 (referred to in this part as ‘‘BASIC’’)— 

5 (i) identify high risk carriers; and 

6 (ii) predict or are correlated with fu7 ture crash risk, crash severity, or other safe8 ty indicators for motor carriers; 

9 (B) the methodology used to calculate 

10 BASIC percentiles and identify carriers for en11 forcement, including the weights assigned to par12 ticular violations and the tie between crash risk 

13 and specific regulatory violations, with respect to 

14 accurately identifying and predicting future 

15 crash risk for motor carriers; 

16 (C) the relative value of inspection informa17 tion and roadside enforcement data; 

18 (D) any data collection gaps or data suffi19 ciency problems that may exist and the impact 

20 of those gaps and problems on the efficacy of the 

21 CSA program; 

22 (E) the accuracy of safety data, including 

23 the use of crash data from crashes in which a 

24 motor carrier was free from fault; 
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1 (F) whether BASIC percentiles for motor 

2 carriers of passengers should be calculated dif3 ferently than for motor carriers of freight; 

4 (G) the differences in the rates at which 

5 safety violations are reported to the Federal 

6 Motor Carrier Safety Administration for inclu7 sion in the SMS by various enforcement authori8 ties, including States, territories, and Federal 

9 inspectors; and 

10 (H) how members of the public use the SMS 

11 and what effect making the SMS information 

12 public has had on reducing crashes and elimi13 nating unsafe motor carriers from the industry; 

14 and 

15 (2) shall consider— 

16 (A) whether the SMS provides comparable 

17 precision and confidence, through SMS alerts 

18 and percentiles, for the relative crash risk of in19 dividual large and small motor carriers; 

20 (B) whether alternatives to the SMS would 

21 identify high risk carriers more accurately; and 

22 (C) the recommendations and findings of 

23 the Comptroller General of the United States and 

24 the Inspector General of the Department, and 
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1 independent review team reports, issued before 

2 the date of enactment of this Act. 

3 (c) REPORT.—Not later than 18 months after the date 

4 of enactment of this Act, the Administrator shall submit 

5 a report containing the results of the study commissioned 

6 pursuant to subsection (a) to— 

7 (1) the Committee on Commerce, Science, and 

8 Transportation of the Senate; 

9 (2) the Committee on Transportation and Infra10 structure of the House of Representatives; and 

11 (3) the Inspector General of the Department. 

12 (d) CORRECTIVE ACTION PLAN.— 

13 (1) IN GENERAL.—Not later than 120 days after 

14 the Administrator submits the report under subsection 

15 (c), if that report identifies a deficiency or oppor16 tunity for improvement in the CSA program or in 

17 any element of the SMS, the Administrator shall sub18 mit to the Committee on Commerce, Science, and 

19 Transportation of the Senate and the Committee on 

20 Transportation and Infrastructure of the House of 

21 Representatives a corrective action plan that— 

22 (A) responds to the deficiencies or opportu23 nities identified by the report; 
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1 (B) identifies how the Federal Motor Car2 rier Safety Administration will address such de3 ficiencies or opportunities; and 

4 (C) provides an estimate of the cost, includ5 ing with respect to changes in staffing, enforce6 ment, and data collection, necessary to address 

7 such deficiencies or opportunities. 

8 (2) PROGRAM REFORMS.—The corrective action 

9 plan submitted under paragraph (1) shall include an 

10 implementation plan that— 

11 (A) includes benchmarks; 

12 (B) includes programmatic reforms, revi13 sions to regulations, or proposals for legislation; 

14 and 

15 (C) shall be considered in any rulemaking 

16 by the Department that relates to the CSA pro17 gram, including the SMS. 

18 (e) INSPECTOR GENERAL REVIEW.—Not later than 

19 120 days after the Administrator submits a corrective ac20 tion plan under subsection (d), the Inspector General of the 

21 Department shall— 

22 (1) review the extent to which such plan imple23 ments— 

24 (A) recommendations contained in the re25 port submitted under subsection (c); and 
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1 (B) relevant recommendations issued by the 

2 Comptroller General or the Inspector General be3 fore the date of enactment of this Act; and 

4 (2) submit to the Committee on Commerce, 

5 Science, and Transportation of the Senate and the 

6 Committee on Transportation and Infrastructure of 

7 the House of Representatives a report on the respon8 siveness of the corrective action plan to the rec9 ommendations described in paragraph (1). 

10 SEC. 5222. BEYOND COMPLIANCE. 

11 (a) IN GENERAL.—Not later than 18 months after the 

12 date of enactment of this Act, the Administrator shall incor13 porate into the CSA program a methodology to allow rec14 ognition and an improved SMS score for— 

15 (1) the installation of advanced safety equip16 ment; 

17 (2) the use of enhanced driver fitness measures; 

18 (3) the adoption of fleet safety management tools, 

19 technologies, and programs; or 

20 (4) other metrics as determined appropriate by 

21 the Administrator. 

22 (b) QUALIFICATION.—The Administrator, after pro23 viding notice and an opportunity for comment, shall de24 velop technical or other performance standards with respect 

25 to advanced safety equipment, enhanced driver fitness 
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1 measures, fleet safety management tools, technologies, and 

2 programs, and other metrics for purposes of subsection (a). 

3 (c) REPORT.—Not later than 18 months after the in4 corporation of the methodology under subsection (a), the Ad5 ministrator shall submit to the Committee on Transpor6 tation and Infrastructure of the House of Representatives 

7 and the Committee on Commerce, Science, and Transpor8 tation of the Senate a report on the number of motor car9 riers receiving recognition and improved scores under such 

10 methodology and the safety performance of such carriers. 

11 SEC. 5223. DATA CERTIFICATION. 

12 (a) IN GENERAL.—On and after the date that is 1 day 

13 after the date of enactment of this Act, no information re14 garding analysis of violations, crashes in which a deter15 mination is made that the motor carrier or the commercial 

16 motor vehicle driver is not at fault, alerts, or the relative 

17 percentile for each BASIC developed under the CSA pro18 gram may be made available to the public (including 

19 through requests under section 552 of title 5, United States 

20 Code) until the Inspector General of the Department cer21 tifies that— 

22 (1) the report required under section 5221(c) has 

23 been submitted in accordance with that section; 

24 (2) any deficiencies identified in the report re25 quired under section 5221(c) have been addressed; 
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1 (3) if applicable, the corrective action plan 

2 under section 5221(d) has been implemented; 

3 (4) the Administrator of the Federal Motor Car4 rier Safety Administration has fully implemented or 

5 satisfactorily addressed the issues raised in the report 

6 titled ‘‘Modifying the Compliance, Safety, Account7 ability Program Would Improve the Ability to Iden8 tify High Risk Carriers’’ of the Government Account9 ability Office and dated February 2014 (GAO–14– 

10 114); and 

11 (5) the CSA program has been modified in ac12 cordance with section 5222. 

13 (b) LIMITATION ON THE USE OF CSA ANALYSIS.—In14 formation regarding alerts and the relative percentile for 

15 each BASIC developed under the CSA program may not 

16 be used for safety fitness determinations until the Inspector 

17 General of the Department makes the certification under 

18 subsection (a). 

19 (c) CONTINUED PUBLIC AVAILABILITY OF DATA.—Not20 withstanding any other provision of this section, inspection 

21 and violation information submitted to the Federal Motor 

22 Carrier Safety Administration by commercial motor vehicle 

23 inspectors and qualified law enforcement officials, out-of24 service rates, and absolute measures shall remain available 

25 to the public. 
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1 (d) EXCEPTIONS.— 

2 (1) IN GENERAL.—Notwithstanding any other 

3 provision of this section— 

4 (A) the Federal Motor Carrier Safety Ad5 ministration and State and local commercial 

6 motor vehicle enforcement agencies may use the 

7 information referred to in subsection (a) for pur8 poses of investigation and enforcement 

9 prioritization; and 

10 (B) a motor carrier and a commercial 

11 motor vehicle driver may access information re12 ferred to in subsection (a) that relates directly to 

13 the motor carrier or driver, respectively. 

14 (2) RULE OF CONSTRUCTION.—Nothing in this 

15 section may be construed to restrict the official use by 

16 State enforcement agencies of the data collected by 

17 State enforcement personnel. 

18 SEC. 5224. INTERIM HIRING STANDARD. 

19 (a) DEFINITIONS.—In this section, the following defi20 nitions apply: 

21 (1) ENTITY.—The term ‘‘entity’’ means a person 

22 acting as— 

23 (A) a shipper, other than an individual 

24 shipper (as that term is defined in section 13102 

25 of title 49, United States Code), or a consignee; 
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1 (B) a broker or a freight forwarder (as such 

2 terms are defined in section 13102 of title 49, 

3 United States Code); 

4 (C) a non-vessel-operating common carrier, 

5 an ocean freight forwarder, or an ocean trans6 portation intermediary (as such terms are de7 fined in section 40102 of title 46, United States 

8 Code); 

9 (D) an indirect air carrier authorized to 

10 operate under a Standard Security Program ap11 proved by the Transportation Security Adminis12 tration; 

13 (E) a customs broker licensed in accordance 

14 with section 111.2 of title 19, Code of Federal 

15 Regulations; 

16 (F) an interchange motor carrier subject to 

17 paragraphs (1)(B) and (2) of section 13902(i) of 

18 title 49, United States Code; or 

19 (G) a warehouse (as defined in section 7– 

20 102(13) of the Uniform Commercial Code). 

21 (2) MOTOR CARRIER.—The term ‘‘motor carrier’’ 

22 means a motor carrier (as that term is defined in sec23 tion 13102 of title 49, United States Code) that is 

24 subject to Federal motor carrier financial responsi25 bility and safety regulations. 
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1 (b) HIRING STANDARD.—Subsection (c) shall only be 

2 applicable to entities who, before tendering a shipment, but 

3 not more than 35 days before the pickup of the shipment 

4 by the hired motor carrier, verify that the motor carrier, 

5 at the time of such verification— 

6 (1) is registered with and authorized by the Fed7 eral Motor Carrier Safety Administration to operate 

8 as a motor carrier, if applicable; 

9 (2) has the minimum insurance coverage re10 quired by Federal law; and 

11 (3) has a satisfactory safety fitness determina12 tion issued by the Federal Motor Carrier Safety Ad13 ministration in force. 

14 (c) INTERIM USE OF DATA.— 

15 (1) IN GENERAL.—With respect to an entity who 

16 completed a verification under subsection (b), only in17 formation regarding the entity’s compliance or non18 compliance with subsection (b) may be admitted as 

19 evidence or otherwise used against the entity in a 

20 civil action for damages resulting from a claim of 

21 negligent selection or retention of a motor carrier. 

22 (2) EXCLUDED EVIDENCE.—With respect to an 

23 entity who completed a verification under subsection 

24 (b), motor carrier data (other than the information 

25 described in paragraph (1)) created or maintained by 
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1 the Federal Motor Carrier Safety Administration, in2 cluding SMS data or analysis of such data, may not 

3 be admitted into evidence in a case or proceeding in 

4 which it is asserted or alleged that the entity’s selec5 tion or retention of a motor carrier was negligent. 

6 (d) SUNSET.—This section shall cease to be effective 

7 on the date on which the Inspector General of the Depart8 ment makes the certification under section 5223(a). 

9 Subtitle C—Commercial Motor 

10 Vehicle Safety 

11 SEC. 5301. IMPLEMENTING SAFETY REQUIREMENTS. 

12 (a) NATIONAL CLEARINGHOUSE FOR CONTROLLED

13 SUBSTANCE AND ALCOHOL TEST RESULTS OF COMMER14 CIAL MOTOR VEHICLE OPERATORS.—If the deadline estab15 lished under section 31306a(a)(1) of title 49, United States 

16 Code, has not been met, not later than 30 days after the 

17 date of enactment of this Act, the Secretary of Transpor18 tation shall submit to the Committee on Transportation 

19 and Infrastructure of the House of Representatives and the 

20 Committee on Commerce, Science, and Transportation of 

21 the Senate written notification that— 

22 (1) explains why such deadline has not been met; 

23 and 

24 (2) establishes a new deadline for completion of 

25 the requirements of such section. 
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1 (b) ELECTRONIC LOGGING DEVICES.—If the deadline 

2 established under section 31137(a) of title 49, United States 

3 Code, has not been met, not later than 30 days after the 

4 date of enactment of this Act, the Secretary shall submit 

5 to the Committee on Transportation and Infrastructure of 

6 the House of Representatives and the Committee on Com7 merce, Science, and Transportation of the Senate written 

8 notification that— 

9 (1) explains why such deadline has not been met; 

10 and 

11 (2) establishes a new deadline for completion of 

12 the requirements of such section. 

13 (c) STANDARDS FOR TRAINING.—If the deadline estab14 lished under section 31305(c) of title 49, United States 

15 Code, has not been met, not later than 30 days after the 

16 date of enactment of this Act, the Secretary shall submit 

17 to the Committee on Transportation and Infrastructure of 

18 the House of Representatives and the Committee on Com19 merce, Science, and Transportation of the Senate written 

20 notification that— 

21 (1) explains why such deadline has not been met; 

22 and 

23 (2) establishes a new deadline for completion of 

24 the requirements of such section. 
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1 (d) FURTHER RESPONSIBILITIES.—If the Secretary 

2 determines that a deadline established under subsection 

3 (a)(2), (b)(2), or (c)(2) cannot be met, not later than 30 

4 days after the date on which such determination is made, 

5 the Secretary shall submit to the Committee on Transpor6 tation and Infrastructure of the House of Representatives 

7 and the Committee on Commerce, Science, and Transpor8 tation of the Senate written notification that— 

9 (1) explains why such deadline cannot be met; 

10 and 

11 (2) establishes a new deadline for completion of 

12 the relevant requirements. 

13 SEC. 5302. WINDSHIELD MOUNTED SAFETY TECHNOLOGY. 

14 (a) IN GENERAL.—Not later than 180 days after the 

15 date of enactment of this Act, the Secretary shall issue regu16 lations to modify section 393.60(e)(1) of title 49, Code of 

17 Federal Regulations, to permanently allow the voluntary 

18 mounting on the inside of a vehicle’s windshield, within the 

19 area swept by windshield wipers, of vehicle safety tech20 nologies, if the Secretary determines that such mounting is 

21 likely to achieve a level of safety that is equivalent to, or 

22 greater than, the level of safety that would be achieved with23 out such mounting. 

24 (b) VEHICLE SAFETY TECHNOLOGY DEFINED.—In this 

25 section, the term ‘‘vehicle safety technology’’ includes lane 
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1 departure warning systems, collision avoidance systems, on2 board video event recording devices, and any other tech3 nology determined appropriate by the Secretary. 

4 (c) RULE OF CONSTRUCTION.—Nothing in this section 

5 may be construed to alter the terms of a short-term exemp6 tion from section 393.60(e) of title 49, Code of Federal Reg7 ulations, granted and in effect as of the date of enactment 

8 of this Act. 

9 SEC. 5303. PRIORITIZING STATUTORY RULEMAKINGS. 

10 The Administrator of the Federal Motor Carrier Safety 

11 Administration shall prioritize the completion of each out12 standing rulemaking required by statute before beginning 

13 any other rulemaking, unless the Secretary determines that 

14 there is a significant need for such other rulemaking. 

15 SEC. 5304. SAFETY REPORTING SYSTEM. 

16 (a) IN GENERAL.—Not later than 1 year after the date 

17 of enactment of this Act, the Comptroller General of the 

18 United States shall submit to the Committee on Commerce, 

19 Science, and Transportation of the Senate and the Com20 mittee on Transportation and Infrastructure of the House 

21 of Representatives a report on the cost and feasibility of 

22 establishing a self-reporting system for commercial motor 

23 vehicle drivers or motor carriers with respect to en route 

24 equipment failures. 
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1 (b) CONTENTS.—The report required under subsection 

2 (a) shall include— 

3 (1) an analysis of— 

4 (A) alternatives for the reporting of equip5 ment failures in real time, including an Internet 

6 Web site or telephone hotline; 

7 (B) the ability of a commercial motor vehi8 cle driver or a motor carrier to provide to the 

9 Federal Motor Carrier Safety Administration 

10 proof of repair of a self-reported equipment fail11 ure; 

12 (C) the ability of the Federal Motor Carrier 

13 Safety Administration to ensure that self-re14 ported equipment failures proven to be repaired 

15 are not used in the calculation of Behavior Anal16 ysis and Safety Improvement Category scores; 

17 (D) the ability of roadside inspectors to ac18 cess self-reported equipment failures; 

19 (E) the cost to establish and administer a 

20 self-reporting system; 

21 (F) the ability for a self-reporting system to 

22 track individual commercial motor vehicles 

23 through unique identifiers; and 

24 (G) whether a self-reporting system would 

25 yield demonstrable safety benefits; 
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1 (2) an identification of any regulatory or statu2 tory impediments to the implementation of a self-re3 porting system; and 

4 (3) recommendations on implementing a self-re5 porting system. 

6 SEC. 5305. NEW ENTRANT SAFETY REVIEW PROGRAM. 

7 (a) IN GENERAL.—The Secretary shall conduct an as8 sessment of the new operator safety review program under 

9 section 31144(g) of title 49, United States Code, including 

10 the program’s effectiveness in reducing crashes, fatalities, 

11 and injuries involving commercial motor vehicles and im12 proving commercial motor vehicle safety. 

13 (b) REPORT.—Not later than 1 year after the date of 

14 enactment of this Act, the Secretary shall publish on a pub15 licly accessible Internet Web site of the Department and 

16 submit to the Committee on Commerce, Science, and Trans17 portation of the Senate and the Committee on Transpor18 tation and Infrastructure of the House of Representatives 

19 a report on the results of the assessment conducted under 

20 subsection (a), including any recommendations for improv21 ing the effectiveness of the program (including recommenda22 tions for legislative changes). 

23 SEC. 5306. READY MIXED CONCRETE TRUCKS. 

24 A driver of a ready mixed concrete mixer truck is ex25 empt from section 3(a)(3)(ii) of part 395 of title 49, Code 
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1 of Federal Regulations, if the driver is in compliance with 

2 clauses (i), (iii), (iv), and (v) of subsection (e)(1) of section 

3 1 of part 395 of such title (regarding the 100 air-mile log4 ging exemption). 

5 Subtitle D—Commercial Motor 

6 Vehicle Drivers 

7 SEC. 5401. OPPORTUNITIES FOR VETERANS. 

8 (a) STANDARDS FOR TRAINING AND TESTING OF VET9 ERAN OPERATORS.—Section 31305 of title 49, United 

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

11 ‘‘(d) STANDARDS FOR TRAINING AND TESTING OF VET12 ERAN OPERATORS.— 

13 ‘‘(1) IN GENERAL.—Not later than December 31, 

14 2016, the Secretary shall modify the regulations pre15 scribed under subsections (a) and (c) to— 

16 ‘‘(A) exempt a covered individual from all 

17 or a portion of a driving test if the covered indi18 vidual had experience in the armed forces or re19 serve components driving vehicles similar to a 

20 commercial motor vehicle; 

21 ‘‘(B) ensure that a covered individual may 

22 apply for an exemption under subparagraph (A) 

23 during, at least, the 1-year period beginning on 

24 the date on which such individual separates from 
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1 service in the armed forces or reserve compo2 nents; and 

3 ‘‘(C) credit the training and knowledge a 

4 covered individual received in the armed forces 

5 or reserve components driving vehicles similar to 

6 a commercial motor vehicle for purposes of satis7 fying minimum standards for training and 

8 knowledge. 

9 ‘‘(2) DEFINITIONS.—In this subsection, the fol10 lowing definitions apply: 

11 ‘‘(A) ARMED FORCES.—The term ‘armed 

12 forces’ has the meaning given that term in sec13 tion 101(a)(4) of title 10. 

14 ‘‘(B) COVERED INDIVIDUAL.—The term ‘cov15 ered individual’ means— 

16 ‘‘(i) a former member of the armed 

17 forces; or 

18 ‘‘(ii) a former member of the reserve 

19 components. 

20 ‘‘(C) RESERVE COMPONENTS.—The term 

21 ‘reserve components’ means— 

22 ‘‘(i) the Army National Guard of the 

23 United States; 

24 ‘‘(ii) the Army Reserve; 

25 ‘‘(iii) the Navy Reserve; 
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1 ‘‘(iv) the Marine Corps Reserve; 

2 ‘‘(v) the Air National Guard of the 

3 United States; 

4 ‘‘(vi) the Air Force Reserve; and 

5 ‘‘(vii) the Coast Guard Reserve.’’. 

6 (b) IMPLEMENTATION OF THE MILITARY COMMERCIAL

7 DRIVER’S LICENSE ACT.—Not later than December 31, 

8 2015, the Secretary shall issue final regulations to imple9 ment the exemption to the domicile requirement under sec10 tion 31311(a)(12)(C) of title 49, United States Code. 

11 (c) CONFORMING AMENDMENT.—Section 

12 31311(a)(12)(C)(ii) of title 49, United States Code, is 

13 amended to read as follows: 

14 ‘‘(ii) is an active duty member of— 

15 ‘‘(I) the armed forces (as that term is 

16 defined in section 101(a)(4) of title 10); or 

17 ‘‘(II) the reserve components (as that 

18 term is defined in section 31305(d)(2)(C) of 

19 this title); and’’. 

20 SEC. 5402. DRUG-FREE COMMERCIAL DRIVERS. 

21 (a) IN GENERAL.—Section 31306 of title 49, United 

22 States Code, is amended— 

23 (1) in subsection (b)(1)— 

24 (A) by redesignating subparagraph (B) as 

25 subparagraph (C); 
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1 (B) in subparagraph (A) by striking ‘‘The 

2 regulations shall permit such motor carriers to 

3 conduct preemployment testing of such employees 

4 for the use of alcohol.’’; and 

5 (C) by inserting after subparagraph (A) the 

6 following: 

7 ‘‘(B) The regulations prescribed under subparagraph 

8 (A) shall permit motor carriers— 

9 ‘‘(i) to conduct preemployment testing of com10 mercial motor vehicle operators for the use of alcohol; 

11 and 

12 ‘‘(ii) to use hair testing as an acceptable alter13 native to urine testing— 

14 ‘‘(I) in conducting preemployment testing 

15 for the use of a controlled substance; and 

16 ‘‘(II) in conducting random testing for the 

17 use of a controlled substance if the operator was 

18 subject to hair testing for preemployment test19 ing.’’; 

20 (2) in subsection (b)(2)— 

21 (A) in subparagraph (A) by striking ‘‘and’’ 

22 at the end; 

23 (B) in subparagraph (B) by striking the pe24 riod at the end and inserting ‘‘; and’’; and 

25 (C) by adding at the end the following: 
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1 ‘‘(C) shall provide an exemption from hair test2 ing for commercial motor vehicle operators with es3 tablished religious beliefs that prohibit the cutting or 

4 removal of hair.’’; and 

5 (3) in subsection (c)(2)— 

6 (A) in the matter preceding subparagraph 

7 (A) by inserting ‘‘for urine testing, and technical 

8 guidelines for hair testing,’’ before ‘‘including 

9 mandatory guidelines’’; 

10 (B) in subparagraph (B) by striking ‘‘and’’ 

11 at the end; 

12 (C) in subparagraph (C) by inserting 

13 ‘‘and’’ after the semicolon; and 

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

15 ‘‘(D) laboratory protocols and cut-off levels 

16 for hair testing to detect the use of a controlled 

17 substance;’’. 

18 (b) GUIDELINES.—Not later than 1 year after the date 

19 of enactment of this Act, the Secretary of Health and 

20 Human Services shall issue scientific and technical guide21 lines for hair testing as a method of detecting the use of 

22 a controlled substance for purposes of section 31306 of title 

23 49, United States Code. 
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1 SEC. 5403. CERTIFIED MEDICAL EXAMINERS. 

2 (a) IN GENERAL.—Section 31315(b)(1) of title 49, 

3 United States Code, is amended by striking ‘‘or section 

4 31136’’ and inserting ‘‘, section 31136, or section 

5 31149(d)(3)’’. 

6 (b) CONFORMING AMENDMENT.—Section 31149(d)(3) 

7 of title 49, United States Code, is amended by inserting 

8 ‘‘, unless the person issuing the certificate is the subject of 

9 an exemption issued under section 31315(b)(1)’’ before the 

10 semicolon. 

11 SEC. 5404. GRADUATED COMMERCIAL DRIVER’S LICENSE 

12 PILOT PROGRAM. 

13 (a) TASK FORCE.— 

14 (1) IN GENERAL.—The Secretary shall convene a 

15 task force to evaluate and make recommendations to 

16 the Secretary on elements for inclusion in a grad17 uated commercial driver’s license pilot program that 

18 would allow a novice licensed driver between the ages 

19 of 19 years and 6 months and 21 years to safely oper20 ate a commercial motor vehicle in a limited capacity 

21 in interstate commerce between States that enter into 

22 a bi-State agreement. 

23 (2) MEMBERSHIP.—The task force convened 

24 under paragraph (1) shall include representatives of 

25 State motor vehicle administrators, motor carriers, 
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1 labor organizations, safety advocates, and other stake2 holders determined appropriate by the Secretary. 

3 (3) CONSIDERATIONS.—The task force convened 

4 under paragraph (1) shall evaluate and make rec5 ommendations on the following elements for inclusion 

6 in a graduated commercial driver’s license pilot pro7 gram: 

8 (A) A specified length of time for a learner’s 

9 permit stage. 

10 (B) A requirement that drivers under the 

11 age of 21 years be accompanied by experienced 

12 drivers over the age of 21 years. 

13 (C) A restriction on travel distances. 

14 (D) A restriction on maximum allowable 

15 driving hours. 

16 (E) Mandatory driver training that exceeds 

17 the requirements for drivers over the age of 21 

18 years issued by the Secretary under section 

19 31305(c) of title 49, United States Code. 

20 (F) Use of certain safety technologies in the 

21 vehicles of drivers under the age of 21 years. 

22 (G) Any other element the task force con23 siders appropriate. 

24 (4) RECOMMENDATIONS.—Not later than 1 year 

25 after the date of enactment of this Act, the task force 
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1 convened under paragraph (1) shall recommend to the 

2 Secretary the elements the task force has determined 

3 appropriate for inclusion in a graduated commercial 

4 driver’s license pilot program. 

5 (b) PILOT PROGRAM.— 

6 (1) IN GENERAL.—Not later than 1 year after re7 ceiving the recommendations of the task force under 

8 subsection (a), the Secretary shall establish a grad9 uated commercial driver’s license pilot program in 

10 accordance with such recommendations and section 

11 31315(c) of title 49, United States Code. 

12 (2) PRE-ESTABLISHMENT REQUIREMENTS.— 

13 Prior to the establishment of the pilot program under 

14 paragraph (1), the Secretary shall— 

15 (A) submit to Congress a report outlining 

16 the recommendations of the task force received 

17 under subsection (a); and 

18 (B) publish in the Federal Register, and 

19 provide sufficient notice of and an opportunity 

20 for public comment on, the— 

21 (i) proposed requirements for State 

22 and driver participation in the pilot pro23 gram, based on the recommendations of the 

24 task force and consistent with paragraph 

25 (3); 
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1 (ii) measures the Secretary will utilize 

2 under the pilot program to ensure safety; 

3 and 

4 (iii) standards the Secretary will use 

5 to evaluate the pilot program, including to 

6 determine any changes in the level of motor 

7 carrier safety as a result of the pilot pro8 gram. 

9 (3) PROGRAM ELEMENTS.—The pilot program 

10 established under paragraph (1)— 

11 (A) may not allow an individual under the 

12 age of 19 years and 6 months to participate; 

13 (B) may not allow a driver between the ages 

14 of 19 years and 6 months and 21 years to— 

15 (i) operate a commercial motor vehicle 

16 in special configuration; or 

17 (ii) transport hazardous cargo; 

18 (C) shall be carried out in a State (includ19 ing the District of Columbia) only if the Gov20 ernor of the State (or the Mayor of the District 

21 of Columbia, if applicable) approves an agree22 ment with a contiguous State to allow a licensed 

23 driver under the age of 21 years to operate a 

24 commercial motor vehicle across both States in 

25 accordance with the pilot program; 
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1 (D) may not recognize more than 6 agree2 ments described in subparagraph (C); 

3 (E) may not allow more than 10 motor car4 riers to participate in the pilot program under 

5 each agreement described in subparagraph (C); 

6 (F) shall require each motor carrier partici7 pating in the pilot program under an agreement 

8 described in subparagraph (C) to— 

9 (i) have in effect a satisfactory safety 

10 fitness determination that was issued by the 

11 Federal Motor Carrier Safety Administra12 tion during the 2-year period preceding the 

13 date of the Federal Register publication re14 quired under paragraph (2)(B); and 

15 (ii) agree to have its safety perform16 ance monitored by the Secretary during 

17 participation in the pilot program; 

18 (G) shall allow for the revocation of a motor 

19 carrier’s participation in the pilot program if a 

20 State or the Secretary determines that the motor 

21 carrier violated the requirements, including safe22 ty requirements, of the pilot program; and 

23 (H) shall ensure that a valid graduated 

24 commercial driver’s license issued by a State 

25 that has entered into an agreement described in 
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1 subparagraph (C) and is approved by the Sec2 retary to participate in the pilot program is rec3 ognized as valid in both States that are partici4 pating in the agreement. 

5 (c) INSPECTOR GENERAL REPORT.— 

6 (1) MONITORING.—The Inspector General of the 

7 Department of Transportation shall monitor and re8 view the implementation of the pilot program estab9 lished under subsection (b). 

10 (2) REPORT.—The Inspector General shall sub11 mit to Congress and the Secretary— 

12 (A) not later than 1 year after the establish13 ment of the pilot program under subsection (b), 

14 an interim report on the results of the review 

15 conducted under paragraph (1); and 

16 (B) not later than 60 days after the conclu17 sion of the pilot program, a final report on the 

18 results of the review conducted under paragraph 

19 (1). 

20 (3) ADDITIONAL CONTENTS.— 

21 (A) INTERIM REPORT.—The interim report 

22 required under paragraph (2)(A) shall address 

23 whether the Secretary has established sufficient 

24 mechanisms and generated sufficient data to de-
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1 termine if the pilot program is having any ad2 verse effects on motor carrier safety. 

3 (B) FINAL REPORT.—The final report re4 quired under paragraph (2)(B) shall address the 

5 impact of the pilot program on— 

6 (i) safety; and 

7 (ii) the number of commercial motor 

8 vehicle drivers available for employment. 

9 SEC. 5405. VETERANS EXPANDED TRUCKING OPPORTUNI10 TIES. 

11 (a) IN GENERAL.—In the case of a physician-approved 

12 veteran operator, the qualified physician of such operator 

13 may, subject to the requirements of subsection (b), perform 

14 a medical examination and provide a medical certificate 

15 for purposes of compliance with the requirements of section 

16 31149 of title 49, United States Code. 

17 (b) CERTIFICATION.—The certification described under 

18 subsection (a) shall include— 

19 (1) assurances that the physician performing the 

20 medical examination meets the requirements of a 

21 qualified physician under this section; and 

22 (2) certification that the physical condition of 

23 the operator is adequate to enable such operator to op24 erate a commercial motor vehicle safely. 
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1 (c) DEFINITIONS.—In this section, the following defi2 nitions apply: 

3 (1) PHYSICIAN-APPROVED VETERAN OPER4 ATOR.—The term ‘‘physician-approved veteran oper5 ator’’ means an operator of a commercial motor vehi6 cle who— 

7 (A) is a veteran who is enrolled in the 

8 health care system established under section 

9 1705(a) of title 38, United States Code; and 

10 (B) is required to have a current valid med11 ical certificate pursuant to section 31149 of title 

12 49, United States Code. 

13 (2) QUALIFIED PHYSICIAN.—The term ‘‘qualified 

14 physician’’ means a physician who— 

15 (A) is employed in the Department of Vet16 erans Affairs; 

17 (B) is familiar with the standards for, and 

18 physical requirements of, an operator certified 

19 pursuant to section 31149 of title 49, United 

20 States Code; and 

21 (C) has never, with respect such section, 

22 been found to have acted fraudulently, including 

23 by fraudulently awarding a medical certificate. 
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1 (3) VETERAN.—The term ‘‘veteran’’ has the 

2 meaning given the term in section 101 of title 38, 

3 United States Code. 

4 (d) STATUTORY CONSTRUCTION.—Nothing in this sec5 tion shall be construed to change any statutory penalty as6 sociated with fraud or abuse. 

7 Subtitle E—General Provisions 

8 SEC. 5501. MINIMUM FINANCIAL RESPONSIBILITY. 

9 (a) TRANSPORTING PROPERTY.—If the Secretary pro10 ceeds with a rulemaking to determine whether to increase 

11 the minimum levels of financial responsibility required 

12 under section 31139 of title 49, United States Code, the Sec13 retary shall consider, prior to issuing a final rule— 

14 (1) the rulemaking’s potential impact on— 

15 (A) the safety of motor vehicle transpor16 tation; and 

17 (B) the motor carrier industry, including 

18 small and minority motor carriers and inde19 pendent owner-operators; 

20 (2) the ability of the insurance industry to pro21 vide the required amount of insurance; 

22 (3) the extent to which current minimum levels 

23 of financial responsibility adequately cover— 

24 (A) medical care; 

25 (B) compensation; 
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1 (C) attorney fees; and 

2 (D) other identifiable costs; 

3 (4) the frequency with which insurance claims 

4 exceed current minimum levels of financial responsi5 bility in fatal accidents; and 

6 (5) the impact of increased levels on motor car7 rier safety and accident reduction. 

8 (b) TRANSPORTING PASSENGERS.— 

9 (1) IN GENERAL.—Prior to initiating a rule10 making to change the minimum levels of financial re11 sponsibility under section 31138 of title 49, United 

12 States Code, the Secretary shall complete a study spe13 cific to the minimum financial responsibility require14 ments for motor carriers of passengers. 

15 (2) STUDY CONTENTS.—A study under para16 graph (1) shall include— 

17 (A) a review of accidents, injuries, and fa18 talities in the over-the-road bus and school bus 

19 industries; 

20 (B) a review of insurance held by over-the21 road bus and public and private school bus com22 panies, including companies of various sizes, 

23 and an analysis of whether such insurance is 

24 adequate to cover claims; 
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1 (C) an analysis of whether and how insur2 ance affects the behavior and safety record of 

3 motor carriers of passengers, including with re4 spect to crash reduction; and 

5 (D) an analysis of the anticipated impacts 

6 of an increase in financial responsibility on in7 surance premiums for passenger carriers and 

8 service availability. 

9 (3) CONSULTATION.—In conducting a study 

10 under paragraph (1), the Secretary shall consult 

11 with— 

12 (A) representatives of the over-the-road bus 

13 and private school bus transportation industries, 

14 including representatives of bus drivers; and 

15 (B) insurers of motor carriers of passengers. 

16 (4) REPORT.—If the Secretary undertakes a 

17 study under paragraph (1), the Secretary shall sub18 mit to the Committee on Transportation and Infra19 structure of the House of Representatives and the 

20 Committee on Commerce, Science, and Transpor21 tation of the Senate a report on the results of the 

22 study. 

23 SEC. 5502. DELAYS IN GOODS MOVEMENT. 

24 (a) REPORT.— 
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1 (1) IN GENERAL.—Not later than 1 year after 

2 the date of enactment of this Act, the Inspector Gen3 eral of the Department shall submit to the Committee 

4 on Transportation and Infrastructure of the House of 

5 Representatives and the Committee on Commerce, 

6 Science, and Transportation of the Senate a report on 

7 the average length of time that operators of commer8 cial motor vehicles are delayed before the loading and 

9 unloading of such vehicles and at other points in the 

10 pick-up and delivery process. 

11 (2) CONTENTS.—The report under paragraph (1) 

12 shall include— 

13 (A) an assessment of how delays impact— 

14 (i) the economy; 

15 (ii) the efficiency of the transportation 

16 system; 

17 (iii) motor carrier safety, including the 

18 extent to which delays result in violations of 

19 motor carrier safety regulations; and 

20 (iv) the livelihood of motor carrier 

21 drivers; and 

22 (B) recommendations on how delays could 

23 be mitigated. 

24 (b) COLLECTION OF DATA.—Not later than 2 years 

25 after the date of enactment of this Act, the Secretary shall 
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1 establish by regulation a process to collect data on delays 

2 experienced by operators of commercial motor vehicles be3 fore the loading and unloading of such vehicles and at other 

4 points in the pick-up and delivery process. 

5 SEC. 5503. REPORT ON MOTOR CARRIER FINANCIAL RE6 SPONSIBILITY. 

7 (a) IN GENERAL.—Not later than April 1, 2016, the 

8 Secretary shall publish on a publicly accessible Internet 

9 Web site of the Department a report on the minimum levels 

10 of financial responsibility required under section 31139 of 

11 title 49, United States Code. 

12 (b) CONTENTS.—The report required under subsection 

13 (a) shall include an analysis of— 

14 (1) the differences between State insurance re15 quirements and Federal requirements; 

16 (2) the extent to which current minimum levels 

17 of financial responsibility adequately cover— 

18 (A) medical care; 

19 (B) compensation; 

20 (C) attorney fees; and 

21 (D) other identifiable costs; and 

22 (3) the frequency with which insurance claims 

23 exceed the current minimum levels of financial re24 sponsibility. 
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1 SEC. 5504. EMERGENCY ROUTE WORKING GROUP. 

2 (a) IN GENERAL.— 

3 (1) ESTABLISHMENT.—Not later than 1 year 

4 after the date of enactment of this Act, the Secretary 

5 shall establish a working group to determine best 

6 practices for expeditious State approval of special 

7 permits for vehicles involved in emergency response 

8 and recovery. 

9 (2) MEMBERS.—The working group shall include 

10 representatives from— 

11 (A) State highway transportation depart12 ments or agencies; 

13 (B) relevant modal agencies within the De14 partment; 

15 (C) emergency response or recovery experts; 

16 (D) relevant safety groups; and 

17 (E) entities affected by special permit re18 strictions during emergency response and recov19 ery efforts. 

20 (b) CONSIDERATIONS.—In determining best practices 

21 under subsection (a), the working group shall consider 

22 whether— 

23 (1) impediments currently exist that prevent ex24 peditious State approval of special permits for vehi25 cles involved in emergency response and recovery; 
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1 (2) it is possible to pre-identify and establish 

2 emergency routes between States through which infra3 structure repair materials could be delivered following 

4 a natural disaster or emergency; 

5 (3) a State could pre-designate an emergency 

6 route identified under paragraph (2) as a certified 

7 emergency route if a motor vehicle that exceeds the 

8 otherwise applicable Federal and State truck length 

9 or width limits may safely operate along such route 

10 during periods of declared emergency and recovery 

11 from such periods; and 

12 (4) an online map could be created to identify 

13 each pre-designated emergency route under paragraph 

14 (3), including information on specific limitations, ob15 ligations, and notification requirements along that 

16 route. 

17 (c) REPORT.— 

18 (1) SUBMISSION.—Not later than 1 year after 

19 the date of enactment of this Act, the working group 

20 shall submit to the Secretary a report on its findings 

21 under this section and any recommendations for the 

22 implementation of best practices for expeditious State 

23 approval of special permits for vehicles involved in 

24 emergency response and recovery. 
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1 (2) PUBLICATION.—Not later than 30 days after 

2 the date the Secretary receives the report under para3 graph (1), the Secretary shall publish the report on 

4 a publicly accessible Internet Web site of the Depart5 ment. 

6 (d) NOTIFICATION.—Not later than 6 months after the 

7 date the Secretary receives the report under subsection 

8 (c)(1), the Secretary shall notify the Committee on Trans9 portation and Infrastructure of the House of Representa10 tives and the Committee on Commerce, Science, and Trans11 portation of the Senate on the actions the Secretary and 

12 the States have taken to implement the recommendations 

13 included in the report. 

14 (e) EXEMPTION.—The Federal Advisory Committee 

15 Act (5 U.S.C. App.) shall not apply to the working group. 

16 (f) TERMINATION.—The working group shall terminate 

17 1 year after the date the Secretary receives the report under 

18 subsection (c)(1). 

19 SEC. 5505. HOUSEHOLD GOODS CONSUMER PROTECTION 

20 WORKING GROUP. 

21 (a) WORKING GROUP.—The Secretary shall establish 

22 a working group for the purpose of developing recommenda23 tions on how to best convey to inexperienced consumers the 

24 information such consumers need to know with respect to 
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1 the Federal laws concerning the interstate transportation 

2 of household goods by motor carrier. 

3 (b) MEMBERSHIP.—The Secretary shall ensure that 

4 the working group is comprised of individuals with exper5 tise in consumer affairs, educators with expertise in how 

6 people learn most effectively, and representatives of the 

7 household goods moving industry. 

8 (c) RECOMMENDATIONS.— 

9 (1) CONTENTS.—The recommendations developed 

10 by the working group shall include recommendations 

11 on— 

12 (A) condensing publication ESA 03005 of 

13 the Federal Motor Carrier Safety Administration 

14 into a format that is more easily used by con15 sumers; 

16 (B) using state-of-the-art education tech17 niques and technologies, including optimizing 

18 the use of the Internet as an educational tool; 

19 and 

20 (C) reducing and simplifying the paperwork 

21 required of motor carriers and shippers in inter22 state transportation. 

23 (2) DEADLINE.—Not later than 1 year after the 

24 date of enactment of this Act— 
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1 (A) the working group shall make the rec2 ommendations described in paragraph (1); and 

3 (B) the Secretary shall publish the rec4 ommendations on a publicly accessible Internet 

5 Web site of the Department. 

6 (d) REPORT.—Not later than 1 year after the date on 

7 which the working group makes its recommendations under 

8 subsection (c)(2), the Secretary shall issue a report to Con9 gress on the implementation of such recommendations. 

10 (e) EXEMPTION.—The Federal Advisory Committee 

11 Act (5 U.S.C. App.) shall not apply to the working group. 

12 (f) TERMINATION.—The working group shall terminate 

13 1 year after the date the working group makes its rec14 ommendations under subsection (c)(2). 

15 SEC. 5506. TECHNOLOGY IMPROVEMENTS. 

16 (a) IN GENERAL.—Not later than 1 year after the date 

17 of enactment of this Act, the Comptroller General of the 

18 United States shall conduct a comprehensive analysis of the 

19 information technology and data collection and manage20 ment systems of the Federal Motor Carrier Safety Adminis21 tration. 

22 (b) REQUIREMENTS.—The study conducted under sub23 section (a) shall— 

24 (1) evaluate the efficacy of the existing informa25 tion technology, data collection, processing systems, 
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1 data correction procedures, and data management 

2 systems and programs, including their interaction 

3 with each other and their efficacy in meeting user 

4 needs; 

5 (2) identify any redundancies among the sys6 tems, procedures, and programs described in para7 graph (1); 

8 (3) explore the feasibility of consolidating data 

9 collection and processing systems; 

10 (4) evaluate the ability of the systems, proce11 dures, and programs described in paragraph (1) to 

12 meet the needs of— 

13 (A) the Federal Motor Carrier Safety Ad14 ministration, at both the headquarters and State 

15 levels; 

16 (B) the State agencies that implement the 

17 motor carrier safety assistance program under 

18 section 31102 of title 49, United States Code; 

19 and 

20 (C) other users; 

21 (5) evaluate the adaptability of the systems, pro22 cedures, and programs described in paragraph (1), in 

23 order to make necessary future changes to ensure user 

24 needs are met in an easier, timely, and more cost-effi25 cient manner; 
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1 (6) investigate and make recommendations re2 garding— 

3 (A) deficiencies in existing data sets im4 pacting program effectiveness; and 

5 (B) methods to improve user interfaces; and 

6 (7) identify the appropriate role the Federal 

7 Motor Carrier Safety Administration should take 

8 with respect to software and information systems de9 sign, development, and maintenance for the purpose 

10 of improving the efficacy of the systems, procedures, 

11 and programs described in paragraph (1). 

12 SEC. 5507. NOTIFICATION REGARDING MOTOR CARRIER 

13 REGISTRATION. 

14 Not later than 30 days after the date of enactment of 

15 this Act, the Secretary shall submit to the Committee on 

16 Transportation and Infrastructure of the House of Rep17 resentatives and the Committee on Commerce, Science, and 

18 Transportation of the Senate written notification of the ac19 tions the Secretary is taking to ensure, to the greatest extent 

20 practicable, that each application for registration under 

21 section 13902 of title 49, United States Code, is processed 

22 not later than 30 days after the date on which the applica23 tion is received by the Secretary. 
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1 SEC. 5508. REPORT ON COMMERCIAL DRIVER’S LICENSE 

2 SKILLS TEST DELAYS. 

3 Not later than 1 year after the date of enactment of 

4 this Act, and each year thereafter, the Administrator of the 

5 Federal Motor Carrier Safety Administration shall submit 

6 to the Committee on Commerce, Science, and Transpor7 tation of the Senate and the Committee on Transportation 

8 and Infrastructure of the House of Representatives a report 

9 that— 

10 (1) describes, for each State, the status of skills 

11 testing for applicants for a commercial driver’s li12 cense, including— 

13 (A) the average wait time, by month and lo14 cation, from the date an applicant requests to 

15 take a skills test to the date the applicant com16 pletes such test; 

17 (B) the average wait time, by month and lo18 cation, from the date an applicant, upon failure 

19 of a skills test, requests a retest to the date the 

20 applicant completes such retest; 

21 (C) the actual number of qualified commer22 cial driver’s license examiners, by month and lo23 cation, available to test applicants; and 

24 (D) the number of testing sites available 

25 through the State department of motor vehicles 
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1 and whether this number has increased or de2 creased from the previous year; and 

3 (2) describes specific steps that the Adminis4 trator is taking to address skills testing delays in 

5 States that have average skills test or retest wait 

6 times of more than 7 days from the date an applicant 

7 requests to test or retest to the date the applicant com8 pletes such test or retest. 

9 SEC. 5509. COVERED FARM VEHICLES. 

10 Section 32934(b)(1) of MAP–21 (49 U.S.C. 31136 

11 note) is amended by striking ‘‘from’’ and all that follows 

12 through the period at end and inserting the following: 

13 ‘‘from— 

14 ‘‘(A) a requirement described in subsection 

15 (a) or a compatible State requirement; or 

16 ‘‘(B) any other minimum standard pro17 vided by a State relating to the operation of that 

18 vehicle.’’. 

19 SEC. 5510. OPERATORS OF HI-RAIL VEHICLES. 

20 (a) IN GENERAL.—In the case of a commercial motor 

21 vehicle driver subject to the hours of service requirements 

22 in part 395 of title 49, Code of Federal Regulations, who 

23 is driving a hi-rail vehicle, the maximum on duty time 

24 under section 395.3 of such title for such driver shall not 
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1 include time in transportation to or from a duty assign2 ment if such time in transportation— 

3 (1) does not exceed 2 hours per calendar day or 

4 a total of 30 hours per calendar month; and 

5 (2) is fully and accurately accounted for in 

6 records to be maintained by the motor carrier and 

7 such records are made available upon request of the 

8 Federal Motor Carrier Safety Administration or the 

9 Federal Railroad Administration. 

10 (b) EMERGENCY.—In the case of a train accident, an 

11 act of God, a train derailment, or a major equipment fail12 ure or track condition that prevents a train from advanc13 ing, a driver described in subsection (a) may complete a 

14 run without being in violation of the provisions of part 395 

15 of title 49, Code of Federal Regulations. 

16 (c) HI-RAIL VEHICLE DEFINED.—In this section, the 

17 term ‘‘hi-rail vehicle’’ has the meaning given the term in 

18 section 214.7 of title 49, Code of Federal Regulations, as 

19 in effect on the date of enactment of this Act. 

20 SEC. 5511. ELECTRONIC LOGGING DEVICE REQUIREMENTS. 

21 Section 31137(b) of title 49, United States Code, is 

22 amended— 

23 (1) in paragraph (1)(C) by striking ‘‘apply to’’ 

24 and inserting ‘‘except as provided in paragraph (3), 

25 apply to’’; and 
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1 (2) by adding at the end the following: 

2 ‘‘(3) EXCEPTION.—A motor carrier, when trans3 porting a motor home or recreation vehicle trailer 

4 within the definition of the term ‘driveaway-towaway 

5 operation’ (as defined in section 390.5 of title 49, 

6 Code of Federal Regulations), may comply with the 

7 hours of service requirements by requiring each driver 

8 to use— 

9 ‘‘(A) a paper record of duty status form; or 

10 ‘‘(B) an electronic logging device.’’. 

11 SEC. 5512. TECHNICAL CORRECTIONS. 

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

13 amended as follows: 

14 (1) Section 13902(i)(2) is amended by inserting 

15 ‘‘except as’’ before ‘‘described’’. 

16 (2) Section 13903(d) is amended by striking ‘‘(d) 

17 REGISTRATION AS MOTOR CARRIER REQUIRED.—’’ 

18 and all that follows through ‘‘(1) IN GENERAL.—A 

19 freight forwarder’’ and inserting ‘‘(d) REGISTRATION

20 AS MOTOR CARRIER REQUIRED.—A freight for21 warder’’. 

22 (3) Section 13905(d)(2)(D) is amended— 

23 (A) by striking ‘‘the Secretary finds 

24 that—’’ and all that follows through ‘‘(i) the 
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1 motor carrier,’’ and inserting ‘‘the Secretary 

2 finds that the motor carrier,’’; and 

3 (B) by adding a period at the end. 

4 (4) Section 14901(h) is amended by striking 

5 ‘‘HOUSEHOLD GOODS’’ in the heading. 

6 (5) Section 14916 is amended by striking the 

7 section designation and heading and inserting the fol8 lowing: 

9 ‘‘§ 14916. Unlawful brokerage activities’’. 

10 (b) MAP–21.—Effective as of July 6, 2012, and as if 

11 included therein as enacted, MAP–21 (Public Law 112– 

12 141) is amended as follows: 

13 (1) Section 32108(a)(4) (126 Stat. 782) is 

14 amended by inserting ‘‘for’’ before ‘‘each additional 

15 day’’ in the matter proposed to be struck. 

16 (2) Section 32301(b)(3) (126 Stat. 786) is 

17 amended by striking ‘‘by amending (a) to read as fol18 lows:’’ and inserting ‘‘by striking subsection (a) and 

19 inserting the following:’’. 

20 (3) Section 32302(c)(2)(B) (126 Stat. 789) is 

21 amended by striking ‘‘section 32303(c)(1)’’ and in22 serting ‘‘section 32302(c)(1)’’. 

23 (4) Section 32921(b) (126 Stat. 828) is amended, 

24 in the matter to be inserted, by striking ‘‘(A) In addi25 tion’’ and inserting the following: 
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1 ‘‘(A) IN GENERAL.—In addition’’. 

2 (5) Section 32931(c) (126 Stat. 829) is amend3 ed— 

4 (A) by striking ‘‘Secretary’’ and inserting 

5 ‘‘Secretary of Transportation’’ in the matter to 

6 be struck; and 

7 (B) by striking ‘‘Secretary’’ and inserting 

8 ‘‘Secretary of Transportation’’ in the matter to 

9 be inserted. 

10 (c) MOTOR CARRIER SAFETY IMPROVEMENT ACT OF

11 1999.—Section 229(a)(1) of the Motor Carrier Safety Im12 provement Act of 1999 (49 U.S.C. 31136 note) is amended 

13 by inserting ‘‘of title 49, United States Code,’’ after ‘‘sec14 tions 31136 and 31502’’. 

15 SEC. 5513. AUTOMOBILE TRANSPORTER. 

16 (a) AUTOMOBILE TRANSPORTER DEFINED.—Section 

17 31111(a)(1) of title 49, United States Code, is amended— 

18 (1) by striking ‘‘specifically’’; and 

19 (2) by adding at the end the following: ‘‘An 

20 automobile transporter shall not be prohibited from 

21 the transport of cargo or general freight on a 

22 backhaul, so long as it complies with weight limita23 tions for a truck tractor and semitrailer combina24 tion.’’. 
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1 (b) TRUCK TRACTOR DEFINED.—Section 

2 31111(a)(3)(B) of title 49, United States Code, is amend3 ed— 

4 (1) by striking ‘‘only’’; and 

5 (2) by inserting before the period at the end the 

6 following: ‘‘or any other commodity, including cargo 

7 or general freight on a backhaul’’. 

8 (c) BACKHAUL DEFINED.—Section 31111(a) of title 

9 49, United States Code, is amended by adding at the end 

10 the following: 

11 ‘‘(5) BACKHAUL.—The term ‘backhaul’ means the 

12 return trip of a vehicle transporting cargo or general 

13 freight, especially when carrying goods back over all 

14 or part of the same route.’’. 

15 (d) STINGER-STEERED AUTOMOBILE TRANS16 PORTERS.—Section 31111(b)(1) of title 49, United States 

17 Code, is amended— 

18 (1) in subparagraph (E) by striking ‘‘or’’ at the 

19 end; 

20 (2) in subparagraph (F) by striking the period 

21 at the end and inserting ‘‘; or’’; and 

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

23 ‘‘(G) imposes a vehicle length limitation of less 

24 than 80 feet on a stinger-steered automobile trans-
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1 porter with a front overhang of less than 4 feet and 

2 a rear overhang of less than 6 feet.’’. 

3 SEC. 5514. READY MIX CONCRETE DELIVERY VEHICLES. 

4 Section 31502 of title 49, United States Code, is 

5 amended by adding at the end the following: 

6 ‘‘(f) READY MIXED CONCRETE DELIVERY VEHI7 CLES.— 

8 ‘‘(1) IN GENERAL.—Notwithstanding any other 

9 provision of law, regulations issued under this section 

10 or section 31136 (including section 1(e)(1)(ii) of part 

11 395 of title 49, Code of Federal Regulations) regard12 ing reporting, recordkeeping, or documentation of 

13 duty status, shall not apply to any driver of a ready 

14 mixed concrete delivery vehicle if— 

15 ‘‘(A) the driver operates within a 100 air16 mile radius of the normal work reporting loca17 tion; 

18 ‘‘(B) the driver returns to the work report19 ing location and is released from work within 14 

20 consecutive hours; 

21 ‘‘(C) the driver has at least 10 consecutive 

22 hours off duty following each 14 hours on duty; 

23 ‘‘(D) the driver does not exceed 11 hours 

24 maximum driving time following 10 consecutive 

25 hours off duty; and 
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1 ‘‘(E) the motor carrier that employs the 

2 driver maintains and retains for a period of 6 

3 months accurate and true time records that 

4 show— 

5 ‘‘(i) the time the driver reports for 

6 duty each day; 

7 ‘‘(ii) the total number of hours the 

8 driver is on duty each day; 

9 ‘‘(iii) the time the driver is released 

10 from duty each day; and 

11 ‘‘(iv) the total time for the preceding 

12 driving week the driver is used for the first 

13 time or intermittently. 

14 ‘‘(2) DEFINITION.—In this section, the term 

15 ‘driver of ready mixed concrete delivery vehicle’ 

16 means a driver of a vehicle designed to deliver ready 

17 mixed concrete on a daily basis and is equipped with 

18 a mechanism under which the vehicle’s propulsion en19 gine provides the power to operate a mixer drum to 

20 agitate and mix the product en route to the delivery 

21 site.’’. 

22 SEC. 5515. SAFETY STUDY REGARDING DOUBLE-DECKER 

23 MOTORCOACHES. 

24 (a) STUDY.—The Secretary of Transportation, in con25 sultation with State transportation safety officials, shall 
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1 conduct a study regarding the safety operations, fire sup2 pression capability, tire loads, and pavement impacts of op3 erating a double-decker motorcoach equipped with a device 

4 designed by the motorcoach manufacturer to attach to the 

5 rear of the motorcoach for use in transporting passenger 

6 baggage. 

7 (b) REPORT.—Not later than 6 months after the date 

8 of enactment of this Act, the Secretary shall submit a report 

9 containing the results of the study to— 

10 (1) the Committee on Transportation and Infra11 structure of the House of Representatives; and 

12 (2) the Committee on Commerce, Science, and 

13 Transportation of the Senate. 

14 SEC. 5516. TRANSPORTATION OF CONSTRUCTION MATE15 RIALS AND EQUIPMENT. 

16 Section 229(e)(4) of the Motor Carrier Safety Improve17 ment Act of 1999 (49 U.S.C. 31136 note) is amended— 

18 (1) by striking ‘‘50 air mile radius’’ and insert19 ing ‘‘75 air mile radius’’; and 

20 (2) by striking ‘‘the driver.’’ and inserting ‘‘the 

21 driver, except that a State, upon notice to the Sec22 retary, may establish a different air mile radius limi23 tation for purposes of this paragraph if such limita24 tion is between 50 and 75 air miles and applies only 
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1 to movements that take place entirely within the 

2 State.’’. 

3 SEC. 5517. COMMERCIAL DELIVERY OF LIGHT- AND ME4 DIUM-DUTY TRAILERS. 

5 (a) DEFINITIONS.—Section 31111(a) of title 49, 

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

7 following: 

8 ‘‘(5) TRAILER TRANSPORTER TOWING UNIT.—The 

9 term ‘trailer transporter towing unit’ means a power 

10 unit that is not used to carry property when oper11 ating in a towaway trailer transporter combination. 

12 ‘‘(6) TOWAWAY TRAILER TRANSPORTER COMBINA13 TION.—The term ‘towaway trailer transporter com14 bination’ means a combination of vehicles consisting 

15 of a trailer transporter towing unit and two trailers 

16 or semitrailers— 

17 ‘‘(A) with a total weight that does not ex18 ceed 26,000 pounds; and 

19 ‘‘(B) in which the trailers or semitrailers 

20 carry no property and constitute inventory prop21 erty of a manufacturer, distributor or dealer of 

22 such trailers or semitrailers.’’. 

23 (b) GENERAL LIMITATIONS.—Section 31111(b)(1) of 

24 such title is amended— 
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1 (1) in subparagraph (E) by striking ‘‘or’’ at the 

2 end; 

3 (2) in subparagraph (F) by striking the period 

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

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

6 ‘‘(G) has the effect of imposing an overall 

7 length limitation of less than 82 feet on a 

8 towaway trailer transporter combination.’’. 

9 (c) CONFORMING AMENDMENTS.— 

10 (1) PROPERTY-CARRYING UNIT LIMITATION.— 

11 Section 31112(a)(1) of such title is amended by in12 serting before the period at the end the following: ‘‘, 

13 but not including a trailer or a semitrailer trans14 ported as part of a towaway trailer transporter com15 bination, as defined in section 31111(a)’’. 

16 (2) ACCESS TO INTERSTATE SYSTEM.—Section 

17 31114(a)(2) of such title is amended by inserting 

18 ‘‘any towaway trailer transporter combination, as de19 fined in section 31111(a),’’ after ‘‘passengers,’’. 

20 SEC. 5518. GAO REVIEW OF SCHOOL BUS SAFETY. 

21 Not later than 1 year after the date of enactment of 

22 this Act, the Comptroller General of the United States shall 

23 submit to the Committee on Commerce, Science, and Trans24 portation of the Senate and the Committee on Transpor-
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1 tation and Infrastructure of the House of Representatives 

2 a review of the following: 

3 (1) Existing Federal and State rules and guid4 ance, as of the date of the review, concerning school 

5 bus transportation of elementary school and sec6 ondary school students engaging in home-to-school 

7 transport or other transport determined by the Comp8 troller General to be a routine part of kindergarten 

9 through grade 12 education, including regulations 

10 and guidance regarding driver training programs, ca11 pacity requirements, programs for special needs stu12 dents, inspection standards, vehicle age requirements, 

13 best practices, and public access to inspection results 

14 and crash records. 

15 (2) Any correlation between public or private 

16 school bus fleet operators whose vehicles are involved 

17 in an accident as defined by section 390.5 of title 49, 

18 Code of Federal Regulations, and each of the fol19 lowing: 

20 (A) A failure by those same operators of 

21 State or local safety inspections. 

22 (B) The average age or odometer readings of 

23 the school buses in the fleets of such operators. 
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1 (C) Violations of Federal laws administered 

2 by the Department of Transportation, or of State 

3 law equivalents of such laws. 

4 (D) Violations of State or local law relating 

5 to illegal passing of a school bus. 

6 (3) A regulatory framework comparison of public 

7 and private school bus operations. 

8 (4) Expert recommendations on best practices for 

9 safe and reliable school bus transportation, including 

10 driver training programs, inspection standards, 

11 school bus age and odometer reading maximums for 

12 retirement, the percentage of buses in a local bus fleet 

13 needed as spare buses, and capacity levels per school 

14 bus for different age groups. 

15 TITLE VI—INNOVATION 

16 SEC. 6001. SHORT TITLE. 

17 This title may be cited as the ‘‘Transportation for To18 morrow Act of 2015’’. 

19 SEC. 6002. AUTHORIZATION OF APPROPRIATIONS. 

20 (a) IN GENERAL.—The following amounts are author21 ized to be appropriated out of the Highway Trust Fund 

22 (other than the Mass Transit Account): 

23 (1) HIGHWAY RESEARCH AND DEVELOPMENT

24 PROGRAM.—To carry out section 503(b) of title 23, 
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1 United States Code, $125,000,000 for each of fiscal 

2 years 2016 through 2021. 

3 (2) TECHNOLOGY AND INNOVATION DEPLOYMENT

4 PROGRAM.—To carry out section 503(c) of title 23, 

5 United States Code— 

6 (A) $67,000,000 for fiscal year 2016; 

7 (B) $67,500,000 for fiscal year 2017; 

8 (C) $67,500,000 for fiscal year 2018; 

9 (D) $67,500,000 for fiscal year 2019; 

10 (E) $67,500,000 for fiscal year 2020; and 

11 (F) $67,500,000 for fiscal year 2021. 

12 (3) TRAINING AND EDUCATION.—To carry out 

13 section 504 of title 23, United States Code 

14 $24,000,000 for each of fiscal years 2016 through 

15 2021. 

16 (4) INTELLIGENT TRANSPORTATION SYSTEMS

17 PROGRAM.—To carry out sections 512 through 518 of 

18 title 23, United States Code $100,000,000 for each of 

19 fiscal years 2016 through 2021. 

20 (5) UNIVERSITY TRANSPORTATION CENTERS PRO21 GRAM.—To carry out section 5505 of title 49, United 

22 States Code— 

23 (A) $72,500,000 for fiscal year 2016; 

24 (B) $75,000,000 for fiscal year 2017; 

25 (C) $75,000,000 for fiscal year 2018; 
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1 (D) $77,500,000 for fiscal year 2019; 

2 (E) $77,500,000 for fiscal year 2020; and 

3 (F) $77,500,000 for fiscal year 2021. 

4 (6) BUREAU OF TRANSPORTATION STATISTICS.— 

5 To carry out chapter 63 of title 49, United States 

6 Code, $26,000,000 for each of fiscal years 2016 

7 through 2021. 

8 (b) APPLICABILITY OF TITLE 23, UNITED STATES

9 CODE.—Funds authorized to be appropriated by subsection 

10 (a) shall— 

11 (1) be available for obligation in the same man12 ner as if those funds were apportioned under chapter 

13 1 of title 23, United States Code, except that the Fed14 eral share of the cost of a project or activity carried 

15 out using those funds shall be 80 percent, unless oth16 erwise expressly provided by this Act (including the 

17 amendments by this Act) or otherwise determined by 

18 the Secretary; and 

19 (2) remain available until expended and not be 

20 transferable, except as otherwise provided in this Act. 

21 SEC. 6003. ADVANCED TRANSPORTATION AND CONGESTION 

22 MANAGEMENT TECHNOLOGIES DEPLOYMENT. 

23 Section 503(c) of title 23, United States Code, is 

24 amended by adding at the end the following: 
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1 ‘‘(4) ADVANCED TRANSPORTATION TECH2 NOLOGIES DEPLOYMENT.— 

3 ‘‘(A) IN GENERAL.—Not later than 6 

4 months after the date of enactment of this para5 graph, the Secretary shall establish an advanced 

6 transportation and congestion management tech7 nologies deployment initiative to provide grants 

8 to eligible entities to develop model deployment 

9 sites for large scale installation and operation of 

10 advanced transportation technologies to improve 

11 safety, efficiency, system performance, and infra12 structure return on investment. 

13 ‘‘(B) CRITERIA.—The Secretary shall de14 velop criteria for selection of an eligible entity to 

15 receive a grant under this paragraph, including 

16 how the deployment of technology will— 

17 ‘‘(i) reduce costs and improve return 

18 on investments, including through the en19 hanced use of existing transportation capac20 ity; 

21 ‘‘(ii) deliver environmental benefits 

22 that alleviate congestion and streamline 

23 traffic flow; 
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1 ‘‘(iii) measure and improve the oper2 ational performance of the applicable trans3 portation network; 

4 ‘‘(iv) reduce the number and severity of 

5 traffic crashes and increase driver, pas6 senger, and pedestrian safety; 

7 ‘‘(v) collect, disseminate, and use real8 time traffic, transit, parking, and other 

9 transportation-related information to im10 prove mobility, reduce congestion, and pro11 vide for more efficient and accessible trans12 portation; 

13 ‘‘(vi) monitor transportation assets to 

14 improve infrastructure management, reduce 

15 maintenance costs, prioritize investment de16 cisions, and ensure a state of good repair; 

17 ‘‘(vii) deliver economic benefits by re18 ducing delays, improving system perform19 ance, and providing for the efficient and re20 liable movement of goods and services; or 

21 ‘‘(viii) accelerate the deployment of ve22 hicle-to-vehicle, vehicle-to-infrastructure, au23 tonomous vehicles, and other technologies. 

24 ‘‘(C) APPLICATIONS.— 
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1 ‘‘(i) REQUEST.—Not later than 6 

2 months after the date of enactment of this 

3 paragraph, and for every fiscal year there4 after, the Secretary shall request applica5 tions in accordance with clause (ii). 

6 ‘‘(ii) CONTENTS.—An application sub7 mitted under this subparagraph shall in8 clude the following: 

9 ‘‘(I) PLAN.—A plan to deploy and 

10 provide for the long-term operation 

11 and maintenance of advanced trans12 portation and congestion management 

13 technologies to improve safety, effi14 ciency, system performance, and return 

15 on investment. 

16 ‘‘(II) OBJECTIVES.—Quantifiable 

17 system performance improvements, 

18 such as— 

19 ‘‘(aa) reducing traffic-related 

20 crashes, congestion, and costs; 

21 ‘‘(bb) optimizing system effi22 ciency; and 

23 ‘‘(cc) improving access to 

24 transportation services. 
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1 ‘‘(III) RESULTS.—Quantifiable 

2 safety, mobility, and environmental 

3 benefit projections such as data-driven 

4 estimates of how the project will im5 prove the region’s transportation sys6 tem efficiency and reduce traffic con7 gestion. 

8 ‘‘(IV) PARTNERSHIPS.—A plan 

9 for partnering with the private sector 

10 or public agencies, including 

11 multimodal and multijurisdictional 

12 entities, research institutions, organi13 zations representing transportation 

14 and technology leaders, or other trans15 portation stakeholders. 

16 ‘‘(V) LEVERAGING.—A plan to le17 verage and optimize existing local and 

18 regional advanced transportation tech19 nology investments. 

20 ‘‘(D) GRANT SELECTION.— 

21 ‘‘(i) GRANT AWARDS.—Not later than 1 

22 year after the date of enactment of this 

23 paragraph, and for every fiscal year there24 after, the Secretary shall award grants to 
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1 not less than 5 and not more than 8 eligible 

2 entities. 

3 ‘‘(ii) GEOGRAPHIC DIVERSITY.—In 

4 awarding a grant under this paragraph, the 

5 Secretary shall ensure, to the extent prac6 ticable, that grant recipients represent di7 verse geographic areas of the United States. 

8 ‘‘(E) USE OF GRANT FUNDS.—A grant re9 cipient may use funds awarded under this para10 graph to deploy advanced transportation and 

11 congestion management technologies, including— 

12 ‘‘(i) advanced traveler information sys13 tems; 

14 ‘‘(ii) advanced transportation manage15 ment technologies; 

16 ‘‘(iii) infrastructure maintenance, 

17 monitoring, and condition assessment; 

18 ‘‘(iv) advanced public transportation 

19 systems; 

20 ‘‘(v) transportation system perform21 ance data collection, analysis, and dissemi22 nation systems; 

23 ‘‘(vi) advanced safety systems, includ24 ing vehicle-to-vehicle and vehicle-to-infra25 structure communications, technologies asso-
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1 ciated with autonomous vehicles, and other 

2 collision avoidance technologies, including 

3 systems using cellular technology; 

4 ‘‘(vii) integration of intelligent trans5 portation systems with the Smart Grid and 

6 other energy distribution and charging sys7 tems; 

8 ‘‘(viii) electronic pricing and payment 

9 systems; or 

10 ‘‘(ix) advanced mobility and access 

11 technologies, such as dynamic ridesharing 

12 and information systems to support human 

13 services for elderly and disabled individuals. 

14 ‘‘(F) REPORT TO SECRETARY.—Not later 

15 than 1 year after an eligible entity receives a 

16 grant under this paragraph, and each year 

17 thereafter, the entity shall submit a report to the 

18 Secretary that describes— 

19 ‘‘(i) deployment and operational costs 

20 of the project compared to the benefits and 

21 savings the project provides; and 

22 ‘‘(ii) how the project has met the origi23 nal expectations projected in the deployment 

24 plan submitted with the application, such 

25 as— 
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1 ‘‘(I) data on how the project has 

2 helped reduce traffic crashes, conges3 tion, costs, and other benefits of the de4 ployed systems; 

5 ‘‘(II) data on the effect of meas6 uring and improving transportation 

7 system performance through the de8 ployment of advanced technologies; 

9 ‘‘(III) the effectiveness of pro10 viding real-time integrated traffic, 

11 transit, and multimodal transpor12 tation information to the public to 

13 make informed travel decisions; and 

14 ‘‘(IV) lessons learned and rec15 ommendations for future deployment 

16 strategies to optimize transportation 

17 efficiency and multimodal system per18 formance. 

19 ‘‘(G) REPORT.—Not later than 3 years after 

20 the date that the first grant is awarded under 

21 this paragraph, and each year thereafter, the 

22 Secretary shall make available to the public on 

23 an Internet Web site a report that describes the 

24 effectiveness of grant recipients in meeting their 

25 projected deployment plans, including data pro-
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1 vided under subparagraph (F) on how the pro2 gram has— 

3 ‘‘(i) reduced traffic-related fatalities 

4 and injuries; 

5 ‘‘(ii) reduced traffic congestion and 

6 improved travel time reliability; 

7 ‘‘(iii) reduced transportation-related 

8 emissions; 

9 ‘‘(iv) optimized multimodal system 

10 performance; 

11 ‘‘(v) improved access to transportation 

12 alternatives; 

13 ‘‘(vi) provided the public with access to 

14 real-time integrated traffic, transit, and 

15 multimodal transportation information to 

16 make informed travel decisions; 

17 ‘‘(vii) provided cost savings to trans18 portation agencies, businesses, and the trav19 eling public; or 

20 ‘‘(viii) provided other benefits to trans21 portation users and the general public. 

22 ‘‘(H) ADDITIONAL GRANTS.—The Secretary 

23 may cease to provide additional grant funds to 

24 a recipient of a grant under this paragraph if— 
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1 ‘‘(i) the Secretary determines from 

2 such recipient’s report that the recipient is 

3 not carrying out the requirements of the 

4 grant; and 

5 ‘‘(ii) the Secretary provides written no6 tice 60 days prior to withholding funds to 

7 the Committee on Transportation and In8 frastructure of the House of Representatives 

9 and the Committee on Environment and 

10 Public Works of the Senate. 

11 ‘‘(I) FUNDING.— 

12 ‘‘(i) IN GENERAL.—From funds made 

13 available to carry out section 503(b), this 

14 subsection, and sections 512 through 518, 

15 the Secretary shall set aside for grants 

16 awarded under subparagraph (D) 

17 $75,000,000 for each of fiscal years 2016 

18 through 2021. 

19 ‘‘(ii) EXPENSES FOR THE SEC20 RETARY.—Of the amounts set aside under 

21 clause (i), the Secretary may set aside 

22 $2,000,000 each fiscal year for program re23 porting, evaluation, and administrative 

24 costs related to this paragraph. 
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1 ‘‘(J) FEDERAL SHARE.—The Federal share 

2 of the cost of a project for which a grant is 

3 awarded under this subsection shall not exceed 

4 50 percent of the cost of the project. 

5 ‘‘(K) GRANT LIMITATION.—The Secretary 

6 may not award more than 20 percent of the 

7 amount described under subparagraph (I) in a 

8 fiscal year to a single grant recipient. 

9 ‘‘(L) EXPENSES FOR GRANT RECIPIENTS.— 

10 A grant recipient under this paragraph may use 

11 not more than 5 percent of the funds awarded 

12 each fiscal year to carry out planning and re13 porting requirements. 

14 ‘‘(M) GRANT FLEXIBILITY.— 

15 ‘‘(i) IN GENERAL.—If, by August 1 of 

16 each fiscal year, the Secretary determines 

17 that there are not enough grant applications 

18 that meet the requirements described in sub19 paragraph (C) to carry out this section for 

20 a fiscal year, the Secretary shall transfer to 

21 the programs specified in clause (ii)— 

22 ‘‘(I) any of the funds reserved for 

23 the fiscal year under subparagraph (I) 

24 that the Secretary has not yet awarded 

25 under this paragraph; and 
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1 ‘‘(II) an amount of obligation 

2 limitation equal to the amount of 

3 funds that the Secretary transfers 

4 under subclause (I). 

5 ‘‘(ii) PROGRAMS.—The programs re6 ferred to in clause (i) are— 

7 ‘‘(I) the program under section 

8 503(b); 

9 ‘‘(II) the program under section 

10 503(c); and 

11 ‘‘(III) the programs under sec12 tions 512 through 518. 

13 ‘‘(iii) DISTRIBUTION.—Any transfer of 

14 funds and obligation limitation under 

15 clause (i) shall be divided among the pro16 grams referred to in that clause in the same 

17 proportions as the Secretary originally re18 served funding from the programs for the 

19 fiscal year under subparagraph (I). 

20 ‘‘(N) DEFINITIONS.—In this paragraph, the 

21 following definitions apply: 

22 ‘‘(i) ELIGIBLE ENTITY.—The term ‘eli23 gible entity’ means a State or local govern24 ment, a transit agency, metropolitan plan25 ning organization representing a popu-
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1 lation of over 200,000, or other political 

2 subdivision of a State or local government 

3 or a multijurisdictional group or a con4 sortia of research institutions or academic 

5 institutions. 

6 ‘‘(ii) ADVANCED AND CONGESTION

7 MANAGEMENT TRANSPORTATION TECH8 NOLOGIES.—The term ‘advanced transpor9 tation and congestion management tech10 nologies’ means technologies that improve 

11 the efficiency, safety, or state of good repair 

12 of surface transportation systems, including 

13 intelligent transportation systems. 

14 ‘‘(iii) MULTIJURISDICTIONAL

15 GROUP.—The term ‘multijurisdictional 

16 group’ means a any combination of State 

17 governments, locals governments, metropoli18 tan planning agencies, transit agencies, or 

19 other political subdivisions of a State for 

20 which each member of the group— 

21 ‘‘(I) has signed a written agree22 ment to implement the advanced trans23 portation technologies deployment ini24 tiative across jurisdictional bound25 aries; and 
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1 ‘‘(II) is an eligible entity under 

2 this paragraph.’’. 

3 SEC. 6004. TECHNOLOGY AND INNOVATION DEPLOYMENT 

4 PROGRAM. 

5 Section 503(c)(3) of title 23, United States Code, is 

6 amended— 

7 (1) in subparagraph (C) by striking ‘‘2013 

8 through 2014’’ and inserting ‘‘2016 through 2021’’; 

9 and 

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

11 ‘‘(D) PUBLICATION.—The Secretary shall 

12 make available to the public on an Internet Web 

13 site on an annual basis a report on the cost and 

14 benefits from deployment of new technology and 

15 innovations that substantially and directly re16 sulted from the program established under this 

17 paragraph. The report may include an analysis 

18 of— 

19 ‘‘(i) Federal, State, and local cost sav20 ings; 

21 ‘‘(ii) project delivery time improve22 ments; 

23 ‘‘(iii) reduced fatalities; and 

24 ‘‘(iv) congestion impacts.’’. 
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1 SEC. 6005. INTELLIGENT TRANSPORTATION SYSTEM GOALS. 

2 Section 514(a) of title 23, United States Code, is 

3 amended— 

4 (1) in paragraph (4) by striking ‘‘and’’ at the 

5 end; 

6 (2) in paragraph (5) by striking the period at 

7 the end and inserting ‘‘; and’’; and 

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

9 ‘‘(6) enhancement of the national freight system 

10 and support to national freight policy goals by con11 ducting heavy duty vehicle demonstration activities 

12 and accelerating adoption of intelligent transpor13 tation system applications in freight operations.’’. 

14 SEC. 6006. INTELLIGENT TRANSPORTATION SYSTEM PRO15 GRAM REPORT. 

16 Section 515(h)(4) of title 23, United States Code, is 

17 amended— 

18 (1) by striking ‘‘February 1 of each year after 

19 the date of enactment of the Transportation Research 

20 and Innovative Technology Act of 2012’’ and insert21 ing ‘‘May 1 of each year’’; and 

22 (2) by striking ‘‘submit to Congress’’ and insert23 ing ‘‘make available to the public on a Department 

24 of Transportation Web site’’. 
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1 SEC. 6007. INTELLIGENT TRANSPORTATION SYSTEM NA2 TIONAL ARCHITECTURE AND STANDARDS. 

3 Section 517(a)(3) of title 23, United States Code, is 

4 amended by striking ‘‘memberships are comprised of, and 

5 represent,’’ and inserting ‘‘memberships include representa6 tives of’’. 

7 SEC. 6008. COMMUNICATION SYSTEMS DEPLOYMENT RE8 PORT. 

9 Section 518(a) of title 23, United States Code, is 

10 amended by striking ‘‘Not later than 3’’ and all that follows 

11 through ‘‘House of Representatives’’ and inserting ‘‘Not 

12 later than July 6, 2016, the Secretary shall make available 

13 to the public on a Department of Transportation Web site 

14 a report’’. 

15 SEC. 6009. INFRASTRUCTURE DEVELOPMENT. 

16 (a) IN GENERAL.—Chapter 5 of title 23, United States 

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

18 ‘‘§ 519. Infrastructure development 

19 ‘‘Funds made available to carry out this chapter for 

20 operational tests— 

21 ‘‘(1) shall be used primarily for the development 

22 of intelligent transportation system infrastructure, 

23 equipment, and systems; and 

24 ‘‘(2) to the maximum extent practicable, shall 

25 not be used for the construction of physical surface 

26 transportation infrastructure unless the construction 
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1 is incidental and critically necessary to the imple2 mentation of an intelligent transportation system 

3 project.’’. 

4 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

5 (1) CLERICAL AMENDMENT.—The analysis for 

6 chapter 5 of title 23, United States Code, is amended 

7 by adding at the end the following new item: 

‘‘519. Infrastructure development.’’. 

8 (2) TECHNICAL AMENDMENT.—The item relating 

9 to section 512 in the analysis for chapter 5 of title 

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

‘‘512. National ITS program plan.’’. 

11 SEC. 6010. DEPARTMENTAL RESEARCH PROGRAMS. 

12 (a) ASSISTANT SECRETARY FOR RESEARCH AND

13 TECHNOLOGY.—Section 102(e) of title 49, United States 

14 Code, is amended— 

15 (1) in paragraph (1) by striking ‘‘5’’ and insert16 ing ‘‘6’’; and 

17 (2) in paragraph (1)(A) by inserting ‘‘an Assist18 ant Secretary for Research and Technology,’’ after 

19 ‘‘Governmental Affairs,’’. 

20 (b) RESEARCH ACTIVITIES.—Section 330 of title 49, 

21 United States Code, is amended— 

22 (1) in the section heading by striking ‘‘con23 tracts’’ and inserting ‘‘activities’’; 
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1 (2) in subsection (a) by striking ‘‘The Secretary 

2 of’’ and inserting ‘‘IN GENERAL.—The Secretary of’’; 

3 (3) in subsection (b) by striking ‘‘In carrying’’ 

4 and inserting ‘‘RESPONSIBILITIES.—In carrying’’; 

5 (4) in subsection (c) by striking ‘‘The Secretary’’ 

6 and inserting ‘‘PUBLICATIONS.—The Secretary’’; and 

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

8 ‘‘(d) DUTIES.—The Secretary shall provide for the fol9 lowing: 

10 ‘‘(1) Coordination, facilitation, and review of 

11 Department of Transportation research and develop12 ment programs and activities. 

13 ‘‘(2) Advancement, and research and develop14 ment, of innovative technologies, including intelligent 

15 transportation systems. 

16 ‘‘(3) Comprehensive transportation statistics re17 search, analysis, and reporting. 

18 ‘‘(4) Education and training in transportation 

19 and transportation-related fields. 

20 ‘‘(5) Activities of the Volpe National Transpor21 tation Systems Center. 

22 ‘‘(6) Coordination in support of multimodal and 

23 multidisciplinary research activities. 

24 ‘‘(e) ADDITIONAL AUTHORITIES.—The Secretary 

25 may— 
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1 ‘‘(1) enter into grants and cooperative agree2 ments with Federal agencies, State and local govern3 ment agencies, other public entities, private organiza4 tions, and other persons to conduct research into 

5 transportation service and infrastructure assurance 

6 and to carry out other research activities of the De7 partment of Transportation; 

8 ‘‘(2) carry out, on a cost-shared basis, collabo9 rative research and development to encourage innova10 tive solutions to multimodal transportation problems 

11 and stimulate the deployment of new technology 

12 with— 

13 ‘‘(A) non-Federal entities, including State 

14 and local governments, foreign governments, in15 stitutions of higher education, corporations, in16 stitutions, partnerships, sole proprietorships, and 

17 trade associations that are incorporated or estab18 lished under the laws of any State; 

19 ‘‘(B) Federal laboratories; and 

20 ‘‘(C) other Federal agencies; and 

21 ‘‘(3) directly initiate contracts, grants, coopera22 tive research and development agreements (as defined 

23 in section 12 of the Stevenson-Wydler Technology In24 novation Act of 1980 (15 U.S.C. 3710a)), and other 

25 agreements to fund, and accept funds from, the 
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1 Transportation Research Board of the National Acad2 emies, State departments of transportation, cities, 

3 counties, institutions of higher education, associa4 tions, and the agents of those entities to carry out 

5 joint transportation research and technology efforts. 

6 ‘‘(f) FEDERAL SHARE.— 

7 ‘‘(1) IN GENERAL.—Subject to paragraph (2), the 

8 Federal share of the cost of an activity carried out 

9 under subsection (e)(3) shall not exceed 50 percent. 

10 ‘‘(2) EXCEPTION.—If the Secretary determines 

11 that the activity is of substantial public interest or 

12 benefit, the Secretary may approve a greater Federal 

13 share. 

14 ‘‘(3) NON-FEDERAL SHARE.—All costs directly 

15 incurred by the non-Federal partners, including per16 sonnel, travel, facility, and hardware development 

17 costs, shall be credited toward the non-Federal share 

18 of the cost of an activity described in subsection 

19 (e)(3). 

20 ‘‘(g) PROGRAM EVALUATION AND OVERSIGHT.—For 

21 each of fiscal years 2016 through 2021, the Secretary is au22 thorized to expend not more than 1 and a half percent of 

23 the amounts authorized to be appropriated for the coordina24 tion, evaluation, and oversight of the programs adminis-
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1 tered by the Office of the Assistant Secretary for Research 

2 and Technology. 

3 ‘‘(h) USE OF TECHNOLOGY.—The research, develop4 ment, or use of a technology under a contract, grant, cooper5 ative research and development agreement, or other agree6 ment entered into under this section, including the terms 

7 under which the technology may be licensed and the result8 ing royalties may be distributed, shall be subject to the Ste9 venson-Wydler Technology Innovation Act of 1980 (15 

10 U.S.C. 3701 et seq.). 

11 ‘‘(i) WAIVER OF ADVERTISING REQUIREMENTS.—Sec12 tion 6101 of title 41 shall not apply to a contract, grant, 

13 or other agreement entered into under this section.’’. 

14 (c) CLERICAL AMENDMENT.—The item relating to sec15 tion 330 in the analysis of chapter 3 of title 49, United 

16 States Code, is amended to read as follows: 

‘‘330. Research activities.’’. 

17 (d) TECHNICAL AND CONFORMING AMENDMENTS.— 

18 (1) TITLE 5 AMENDMENTS.— 

19 (A) POSITIONS AT LEVEL II.—Section 5313 

20 of title 5, United States Code, is amended by 

21 striking ‘‘The Under Secretary of Transportation 

22 for Security.’’. 

23 (B) POSITIONS AT LEVEL IV.—Section 5315 

24 of title 5, United States Code, is amended in the 

25 undesignated item relating to Assistant Secre-
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1 taries of Transportation by striking ‘‘(4)’’ and 

2 inserting ‘‘(5)’’. 

3 (C) POSITIONS AT LEVEL V.—Section 5316 

4 of title 5, United States Code, is amended by 

5 striking ‘‘Associate Deputy Secretary, Depart6 ment of Transportation.’’. 

7 (2) BUREAU OF TRANSPORTATION STATISTICS.— 

8 Section 6302(a) of title 49, United States Code, is 

9 amended to read as follows: 

10 ‘‘(a) IN GENERAL.—There shall be within the Depart11 ment of Transportation the Bureau of Transportation Sta12 tistics.’’. 

13 SEC. 6011. RESEARCH AND INNOVATIVE TECHNOLOGY AD14 MINISTRATION. 

15 (a) REPEAL.—Section 112 of title 49, United States 

16 Code, is repealed. 

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

18 1 of title 49, United States Code, is amended by striking 

19 the item relating to section 112. 

20 SEC. 6012. OFFICE OF INTERMODALISM. 

21 (a) REPEAL.—Section 5503 of title 49, United States 

22 Code, is repealed. 

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

24 55 of title 49, United States Code, is amended by striking 

25 the item relating to section 5503. 
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1 SEC. 6013. UNIVERSITY TRANSPORTATION CENTERS. 

2 Section 5505 of title 49, United States Code, is amend3 ed to read as follows: 

4 ‘‘§ 5505. University transportation centers program 

5 ‘‘(a) UNIVERSITY TRANSPORTATION CENTERS PRO6 GRAM.— 

7 ‘‘(1) ESTABLISHMENT AND OPERATION.—The 

8 Secretary shall make grants under this section to eli9 gible nonprofit institutions of higher education to es10 tablish and operate university transportation centers. 

11 ‘‘(2) ROLE OF CENTERS.—The role of each uni12 versity transportation center referred to in paragraph 

13 (1) shall be— 

14 ‘‘(A) to advance transportation expertise 

15 and technology in the varied disciplines that 

16 comprise the field of transportation through edu17 cation, research, and technology transfer activi18 ties; 

19 ‘‘(B) to provide for a critical transportation 

20 knowledge base outside of the Department of 

21 Transportation; and 

22 ‘‘(C) to address critical workforce needs and 

23 educate the next generation of transportation 

24 leaders. 

25 ‘‘(b) COMPETITIVE SELECTION PROCESS.— 
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1 ‘‘(1) APPLICATIONS.—To receive a grant under 

2 this section, a consortium of nonprofit institutions of 

3 higher education shall submit to the Secretary an ap4 plication that is in such form and contains such in5 formation as the Secretary may require. 

6 ‘‘(2) RESTRICTION.— 

7 ‘‘(A) LIMITATION.—A lead institution of a 

8 consortium of nonprofit institutions of higher 

9 education, as applicable, may only submit 1 

10 grant application per fiscal year for each of the 

11 transportation centers described under para12 graphs (2), (3), and (4) of subsection (c). 

13 ‘‘(B) EXCEPTION FOR CONSORTIUM MEM14 BERS THAT ARE NOT LEAD INSTITUTIONS.—Sub15 paragraph (A) shall not apply to a nonprofit in16 stitution of higher education that is a member of 

17 a consortium of nonprofit institutions of higher 

18 education but not the lead institution of such 

19 consortium. 

20 ‘‘(3) COORDINATION.—The Secretary shall solicit 

21 grant applications for national transportation cen22 ters, regional transportation centers, and Tier 1 uni23 versity transportation centers with identical adver24 tisement schedules and deadlines. 

25 ‘‘(4) GENERAL SELECTION CRITERIA.— 
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1 ‘‘(A) IN GENERAL.—Except as otherwise 

2 provided by this section, the Secretary shall 

3 award grants under this section in nonexclusive 

4 candidate topic areas established by the Sec5 retary that address the research priorities identi6 fied in section 503 of title 23. 

7 ‘‘(B) CRITERIA.—The Secretary, in con8 sultation with the Assistant Secretary for Re9 search and Technology and the Administrator of 

10 the Federal Highway Administration, shall select 

11 each recipient of a grant under this section 

12 through a competitive process based on the as13 sessment of the Secretary relating to— 

14 ‘‘(i) the demonstrated ability of the re15 cipient to address each specific topic area 

16 described in the research and strategic plans 

17 of the recipient; 

18 ‘‘(ii) the demonstrated research, tech19 nology transfer, and education resources 

20 available to the recipient to carry out this 

21 section; 

22 ‘‘(iii) the ability of the recipient to 

23 provide leadership in solving immediate 

24 and long-range national and regional trans25 portation problems; 
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•HR 22 EAH 

1 ‘‘(iv) the ability of the recipient to 

2 carry out research, education, and tech3 nology transfer activities that are 

4 multimodal and multidisciplinary in scope; 

5 ‘‘(v) the demonstrated commitment of 

6 the recipient to carry out transportation 

7 workforce development programs through— 

8 ‘‘(I) degree-granting programs or 

9 programs that provide other industry10 recognized credentials; and 

11 ‘‘(II) outreach activities to attract 

12 new entrants into the transportation 

13 field, including women and underrep14 resented populations; 

15 ‘‘(vi) the demonstrated ability of the 

16 recipient to disseminate results and spur 

17 the implementation of transportation re18 search and education programs through na19 tional or statewide continuing education 

20 programs; 

21 ‘‘(vii) the demonstrated commitment of 

22 the recipient to the use of peer review prin23 ciples and other research best practices in 

24 the selection, management, and dissemina25 tion of research projects; 
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1 ‘‘(viii) the strategic plan submitted by 

2 the recipient describing the proposed re3 search to be carried out by the recipient and 

4 the performance metrics to be used in as5 sessing the performance of the recipient in 

6 meeting the stated research, technology 

7 transfer, education, and outreach goals; and 

8 ‘‘(ix) the ability of the recipient to im9 plement the proposed program in a cost-effi10 cient manner, such as through cost sharing 

11 and overall reduced overhead, facilities, and 

12 administrative costs. 

13 ‘‘(5) TRANSPARENCY.— 

14 ‘‘(A) IN GENERAL.—The Secretary shall 

15 provide to each applicant, upon request, any 

16 materials, including copies of reviews (with any 

17 information that would identify a reviewer re18 dacted), used in the evaluation process of the 

19 proposal of the applicant. 

20 ‘‘(B) REPORTS.—The Secretary shall sub21 mit to the Committees on Transportation and 

22 Infrastructure and Science, Space, and Tech23 nology of the House of Representatives and the 

24 Committee on Environment and Public Works of 
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•HR 22 EAH 

1 the Senate a report describing the overall review 

2 process under paragraph (3) that includes— 

3 ‘‘(i) specific criteria of evaluation used 

4 in the review; 

5 ‘‘(ii) descriptions of the review process; 

6 and 

7 ‘‘(iii) explanations of the selected 

8 awards. 

9 ‘‘(6) OUTSIDE STAKEHOLDERS.—The Secretary 

10 shall, to the maximum extent practicable, consult ex11 ternal stakeholders such as the Transportation Re12 search Board of the National Research Council of the 

13 National Academies to evaluate and competitively re14 view all proposals. 

15 ‘‘(c) GRANTS.— 

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

17 the date of enactment of this section, the Secretary, 

18 Assistant Secretary for Research and Technology, and 

19 the Administrator of the Federal Highway Adminis20 tration shall select grant recipients under subsection 

21 (b) and make grant amounts available to the selected 

22 recipients. 

23 ‘‘(2) 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) RESTRICTIONS.— 

4 ‘‘(i) IN GENERAL.—For each fiscal 

5 year, a grant made available under this 

6 paragraph shall be not greater than 

7 $4,000,000 and not less than $2,000,000 per 

8 recipient. 

9 ‘‘(ii) FOCUSED RESEARCH.—A consor10 tium receiving a grant under this para11 graph shall focus research on 1 of the trans12 portation issue areas specified in section 

13 508(a)(2) of title 23. 

14 ‘‘(C) 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 amounts made available to the recipi23 ent under— 

24 ‘‘(I) section 504(b) of title 23; or 

25 ‘‘(II) section 505 of title 23. 
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1 ‘‘(3) REGIONAL UNIVERSITY TRANSPORTATION

2 CENTERS.— 

3 ‘‘(A) LOCATION OF REGIONAL CENTERS.— 

4 One regional university transportation center 

5 shall be located in each of the 10 Federal regions 

6 that comprise the Standard Federal Regions es7 tablished by the Office of Management and 

8 Budget in the document entitled ‘Standard Fed9 eral Regions’ and dated April 1974 (circular A– 

10 105). 

11 ‘‘(B) SELECTION CRITERIA.—In conducting 

12 a competition under subsection (b), the Secretary 

13 shall provide grants to 10 consortia on the basis 

14 of— 

15 ‘‘(i) the criteria described in subsection 

16 (b)(4); 

17 ‘‘(ii) the location of the lead center 

18 within the Federal region to be served; and 

19 ‘‘(iii) whether the consortium of insti20 tutions demonstrates that the consortium 

21 has a well-established, nationally recognized 

22 program in transportation research and 

23 education, as evidenced by— 
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•HR 22 EAH 

1 ‘‘(I) recent expenditures by the in2 stitution in highway or public trans3 portation research; 

4 ‘‘(II) a historical track record of 

5 awarding graduate degrees in profes6 sional fields closely related to highways 

7 and public transportation; and 

8 ‘‘(III) an experienced faculty who 

9 specialize in professional fields closely 

10 related to highways and public trans11 portation. 

12 ‘‘(C) RESTRICTIONS.—For each fiscal year, 

13 a grant made available under this paragraph 

14 shall be not greater than $3,000,000 and not less 

15 than $1,500,000 per recipient. 

16 ‘‘(D) MATCHING REQUIREMENTS.— 

17 ‘‘(i) IN GENERAL.—As a condition of 

18 receiving a grant under this paragraph, a 

19 grant recipient shall match 100 percent of 

20 the amounts made available under the 

21 grant. 

22 ‘‘(ii) SOURCES.—The matching 

23 amounts referred to in clause (i) may in24 clude amounts made available to the recipi25 ent under— 
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1 ‘‘(I) section 504(b) of title 23; or 

2 ‘‘(II) section 505 of title 23. 

3 ‘‘(E) FOCUSED RESEARCH.—The Secretary 

4 shall make a grant to 1 of the 10 regional uni5 versity transportation centers established under 

6 this paragraph for the purpose of furthering the 

7 objectives described in subsection (a)(2) in the 

8 field of comprehensive transportation safety, con9 gestion, connected vehicles, connected infrastruc10 ture, and autonomous vehicles. 

11 ‘‘(4) TIER 1 UNIVERSITY TRANSPORTATION CEN12 TERS.— 

13 ‘‘(A) IN GENERAL.—The Secretary shall 

14 provide grants of not greater than $2,000,000 

15 and not less than $1,000,000 to not more than 

16 20 recipients to carry out this paragraph. 

17 ‘‘(B) MATCHING REQUIREMENT.— 

18 ‘‘(i) IN GENERAL.—As a condition of 

19 receiving a grant under this paragraph, a 

20 grant recipient shall match 50 percent of 

21 the amounts made available under the 

22 grant. 

23 ‘‘(ii) SOURCES.—The matching 

24 amounts referred to in clause (i) may in-
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•HR 22 EAH 

1 clude amounts made available to the recipi2 ent under— 

3 ‘‘(I) section 504(b) of title 23; or 

4 ‘‘(II) section 505 of title 23. 

5 ‘‘(C) FOCUSED RESEARCH.—In awarding 

6 grants under this section, consideration shall be 

7 given to minority institutions, as defined by sec8 tion 365 of the Higher Education Act of 1965 

9 (20 U.S.C. 1067k), or consortia that include such 

10 institutions that have demonstrated an ability in 

11 transportation-related research. 

12 ‘‘(d) PROGRAM COORDINATION.— 

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

14 ‘‘(A) coordinate the research, education, and 

15 technology transfer activities carried out by 

16 grant recipients under this section; and 

17 ‘‘(B) disseminate the results of that research 

18 through the establishment and operation of a 

19 publicly accessible online information clearing20 house. 

21 ‘‘(2) ANNUAL REVIEW AND EVALUATION.—Not 

22 less frequently than annually, and consistent with the 

23 plan developed under section 508 of title 23, the Sec24 retary shall— 
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•HR 22 EAH 

1 ‘‘(A) review and evaluate the programs car2 ried out under this section by grant recipients; 

3 and 

4 ‘‘(B) submit to the Committees on Trans5 portation and Infrastructure and Science, Space, 

6 and Technology of the House of Representatives 

7 and the Committee on Environment and Public 

8 Works of the Senate a report describing that re9 view and evaluation. 

10 ‘‘(3) PROGRAM EVALUATION AND OVERSIGHT.— 

11 For each of fiscal years 2016 through 2021, the Sec12 retary shall expend not more than 1 and a half per13 cent of the amounts made available to the Secretary 

14 to carry out this section for any coordination, evalua15 tion, and oversight activities of the Secretary under 

16 this section. 

17 ‘‘(e) LIMITATION ON AVAILABILITY OF AMOUNTS.— 

18 Amounts made available to the Secretary to carry out this 

19 section shall remain available for obligation by the Sec20 retary for a period of 3 years after the last day of the fiscal 

21 year for which the amounts are authorized. 

22 ‘‘(f) INFORMATION COLLECTION.—Any survey, ques23 tionnaire, or interview that the Secretary determines to be 

24 necessary to carry out reporting requirements relating to 

25 any program assessment or evaluation activity under this 
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1 section, including customer satisfaction assessments, shall 

2 not be subject to chapter 35 of title 44.’’. 

3 SEC. 6014. BUREAU OF TRANSPORTATION STATISTICS. 

4 (a) BUREAU OF TRANSPORTATION STATISTICS.—Sec5 tion 6302(b)(3)(B) of title 49, United States Code, is 

6 amended— 

7 (1) in clause (vi)(III) by striking ‘‘section 6310’’ 

8 and inserting ‘‘section 6309’’; 

9 (2) by redesignating clauses (vii), (viii), (ix), 

10 and (x) as clauses (x), (xi), (xii), and (xiii), respec11 tively; and 

12 (3) by inserting after clause (vi) the following: 

13 ‘‘(vii) develop and improve transpor14 tation economic accounts to meet demand 

15 for methods for estimating the economic 

16 value of transportation infrastructure, in17 vestment, and services; 

18 ‘‘(viii) not be required to obtain the 

19 approval of any other officer or employee of 

20 the Department in connection with the col21 lection or analysis of any information; 

22 ‘‘(ix) not be required, prior to publica23 tion, to obtain the approval of any other of24 ficer or employee of the Federal Government 

25 with respect to the substance of any statis-
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1 tical technical reports or press releases that 

2 the Director has prepared in accordance 

3 with the law;’’. 

4 (b) TECHNICAL AMENDMENT.—Section 6311(5) of title 

5 49, United States Code, is amended by striking ‘‘section 

6 6310’’ and inserting ‘‘section 6309’’. 

7 SEC. 6015. SURFACE TRANSPORTATION SYSTEM FUNDING 

8 ALTERNATIVES. 

9 (a) IN GENERAL.—The Secretary shall establish a pro10 gram to provide grants to States to demonstrate user-based 

11 alternative revenue mechanisms that utilize a user fee struc12 ture to maintain the long-term solvency of the Highway 

13 Trust Fund. 

14 (b) APPLICATION.—To be eligible for a grant under 

15 this section, a State or group of States shall submit to the 

16 Secretary an application in such form and containing such 

17 information as the Secretary may require. 

18 (c) OBJECTIVES.—The Secretary shall ensure that the 

19 activities carried out using funds provided under this sec20 tion meet the following objectives: 

21 (1) To test the design, acceptance, and imple22 mentation of 2 or more future user-based alternative 

23 revenue mechanisms. 

24 (2) To improve the functionality of such user25 based alternative revenue mechanisms. 
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1 (3) To conduct outreach to increase public 

2 awareness regarding the need for alternative funding 

3 sources for surface transportation programs and to 

4 provide information on possible approaches. 

5 (4) To provide recommendations regarding adop6 tion and implementation of user-based alternative 

7 revenue mechanisms. 

8 (5) To minimize the administrative cost of any 

9 potential user-based alternative revenue mechanisms. 

10 (d) USE OF FUNDS.—A State or group of States re11 ceiving funds under this section to test the design, accept12 ance, and implementation of a user-based alternative rev13 enue mechanism— 

14 (1) shall address— 

15 (A) the implementation, interoperability, 

16 public acceptance, and other potential hurdles to 

17 the adoption of the user-based alternative revenue 

18 mechanism; 

19 (B) the protection of personal privacy; 

20 (C) the use of independent and private 

21 third-party vendors to collect fees and operate the 

22 user-based alternative revenue mechanism; 

23 (D) market-based congestion mitigation, if 

24 appropriate; 
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1 (E) equity concerns, including the impacts 

2 of the user-based alternative revenue mechanism 

3 on differing income groups, various geographic 

4 areas, and the relative burdens on rural and 

5 urban drivers; 

6 (F) ease of compliance for different users of 

7 the transportation system; and 

8 (G) the reliability and security of tech9 nology used to implement the user-based alter10 native revenue mechanism; and 

11 (2) may address— 

12 (A) the flexibility and choices of user-based 

13 alternative revenue mechanisms, including the 

14 ability of users to select from various technology 

15 and payment options; 

16 (B) the cost of administering the user-based 

17 alternative revenue mechanism; and 

18 (C) the ability of the administering entity 

19 to audit and enforce user compliance. 

20 (e) CONSIDERATION.—The Secretary shall consider ge21 ographic diversity in awarding grants under this section. 

22 (f) LIMITATIONS ON REVENUE COLLECTED.—Any rev23 enue collected through a user-based alternative revenue 

24 mechanism established using funds provided under this sec-
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1 tion shall not be considered a toll under section 301 of title 

2 23, United States Code. 

3 (g) FEDERAL SHARE.—The Federal share of the cost 

4 of an activity carried out under this section may not exceed 

5 50 percent of the total cost of the activity. 

6 (h) REPORT TO SECRETARY.—Not later than 1 year 

7 after the date on which the first eligible entity receives a 

8 grant under this section, and each year thereafter, each re9 cipient of a grant under this section shall submit to the 

10 Secretary a report that describes— 

11 (1) how the demonstration activities carried out 

12 with grant funds meet the objectives described in sub13 section (c); and 

14 (2) lessons learned for future deployment of al15 ternative revenue mechanisms that utilize a user fee 

16 structure. 

17 (i) BIENNIAL REPORTS.—Not later than 2 years after 

18 the date of enactment of this Act, and every 2 years there19 after until the completion of the demonstration activities 

20 under this section, the Secretary shall make available to the 

21 public on an Internet Web site a report describing the 

22 progress of the demonstration activities. 

23 (j) FUNDING.—Of the funds authorized to carry out 

24 section 503(b) of title 23, United States Code— 
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1 (1) $15,000,000 shall be used to carry out this 

2 section for fiscal year 2016; and 

3 (2) $20,000,000 shall be used to carry out this 

4 section for each of fiscal years 2017 through 2021. 

5 (k) GRANT FLEXIBILITY.—If, by August 1 of each fis6 cal year, the Secretary determines that there are not enough 

7 grant applications that meet the requirements of this section 

8 for a fiscal year, Secretary shall transfer to the program 

9 under section 503(b) of title 23, United States Code— 

10 (1) any of the funds reserved for the fiscal year 

11 under subsection (j) that the Secretary has not yet 

12 awarded under this section; and 

13 (2) an amount of obligation limitation equal to 

14 the amount of funds that the Secretary transfers 

15 under paragraph (1). 

16 SEC. 6016. FUTURE INTERSTATE STUDY. 

17 (a) FUTURE INTERSTATE SYSTEM STUDY.—Not later 

18 than 180 days after the date of enactment of this Act, the 

19 Secretary shall enter into an agreement with the Transpor20 tation Research Board of the National Academies to conduct 

21 a study on the actions needed to upgrade and restore the 

22 Dwight D. Eisenhower National System of Interstate and 

23 Defense Highways to its role as a premier system that meets 

24 the growing and shifting demands of the 21st century. 
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1 (b) METHODOLOGIES.—In conducting the study, the 

2 Transportation Research Board shall build on the meth3 odologies examined and recommended in the report pre4 pared for the American Association of State Highway and 

5 Transportation Officials titled ‘‘National Cooperative 

6 Highway Research Program Project 20–24(79): Specifica7 tions for a National Study of the Future 3R, 4R, and Ca8 pacity Needs of the Interstate System’’, dated December 

9 2013. 

10 (c) CONTENTS OF STUDY.—The study— 

11 (1) shall include specific recommendations re12 garding the features, standards, capacity needs, ap13 plication of technologies, and intergovernmental roles 

14 to upgrade the Interstate System, including any revi15 sions to law (including regulations) that the Trans16 portation Research Board determines appropriate; 

17 and 

18 (2) is encouraged to build on the institutional 

19 knowledge in the highway industry in applying the 

20 techniques involved in implementing the study. 

21 (d) CONSIDERATIONS.—In carrying out the study, the 

22 Transportation Research Board shall determine the need for 

23 reconstruction and improvement of the Interstate System 

24 by considering— 
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1 (1) future demands on transportation infrastruc2 ture determined for national planning purposes, in3 cluding commercial and private traffic flows to serve 

4 future economic activity and growth; 

5 (2) the expected condition of the current Inter6 state System over the period of 50 years beginning on 

7 the date of enactment of this Act, including long-term 

8 deterioration and reconstruction needs; 

9 (3) features that would take advantage of techno10 logical capabilities to address modern standards of 

11 construction, maintenance, and operations, for pur12 poses of safety, and system management, taking into 

13 further consideration system performance and cost; 

14 and 

15 (4) the resources necessary to maintain and im16 prove the Interstate System. 

17 (e) CONSULTATION.—In carrying out the study, the 

18 Transportation Research Board— 

19 (1) shall convene and consult with a panel of na20 tional experts, including operators and users of the 

21 Interstate System and private sector stakeholders; and 

22 (2) is encouraged to consult with— 

23 (A) the Federal Highway Administration; 

24 (B) States; 
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1 (C) planning agencies at the metropolitan, 

2 State, and regional levels; 

3 (D) the motor carrier industry; 

4 (E) freight shippers; 

5 (F) highway safety groups; and 

6 (G) other appropriate entities. 

7 (f) REPORT.—Not later than 3 years after the date of 

8 enactment of this Act, the Transportation Research Board 

9 shall make available to the public on an Internet Web site 

10 the results of the study conducted under this section. 

11 (g) FUNDING.—From funds made available to carry 

12 out section 503(b) of title 23, United States Code, the Sec13 retary may use to carry out this section up to $5,000,000 

14 for fiscal year 2016. 

15 SEC. 6017. HIGHWAY EFFICIENCY. 

16 (a) STUDY.— 

17 (1) IN GENERAL.—The Assistant Secretary of 

18 Transportation for Research and Technology may ex19 amine the impact of pavement durability and sus20 tainability on vehicle fuel consumption, vehicle wear 

21 and tear, road conditions, and road repairs. 

22 (2) METHODOLOGY.—In carrying out the study, 

23 the Assistant Secretary shall— 
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•HR 22 EAH 

1 (A) conduct a thorough review of relevant 

2 peer-reviewed research published during at least 

3 the past 5 years; 

4 (B) analyze impacts of different types of 

5 pavement on all motor vehicle types, including 

6 commercial vehicles; 

7 (C) specifically examine the impact of pave8 ment deformation and deflection; and 

9 (D) analyze impacts of different types of 

10 pavement on road conditions and road repairs. 

11 (3) CONSULTATION.—In carrying out the study, 

12 the Assistant Secretary shall consult with— 

13 (A) experts from the different modal admin14 istrations of the Department and from other Fed15 eral agencies, including the National Institute of 

16 Standards and Technology; 

17 (B) State departments of transportation; 

18 (C) local government engineers and public 

19 works professionals; 

20 (D) industry stakeholders; and 

21 (E) appropriate academic experts active in 

22 the field. 

23 (b) REPORT.— 

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

25 the date of enactment of this Act, the Assistant Sec-
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•HR 22 EAH 

1 retary shall publish on a public Web site the results 

2 of the study. 

3 (2) CONTENTS.—The report shall include— 

4 (A) a summary of the different types of 

5 pavements analyzed in the study and the im6 pacts of pavement durability and sustainability 

7 on vehicle fuel consumption, vehicle wear and 

8 tear, road conditions, and road repairs; and 

9 (B) recommendations for State and local 

10 governments on best practice methods for im11 proving pavement durability and sustainability 

12 to maximize vehicle fuel economy, ride quality, 

13 and road conditions and to minimize the need 

14 for road and vehicle repairs. 

15 SEC. 6018. MOTORCYCLE SAFETY. 

16 (a) STUDY.—The Assistant Secretary for Research and 

17 Technology of the Department of Transportation may enter 

18 into an agreement, within 45 days after the date of enact19 ment of this Act, with the National Academy of Sciences 

20 to conduct a study on the most effective means of preventing 

21 motorcycle crashes. 

22 (b) PUBLICATION.—The Assistant Secretary may make 

23 available the findings on a public Web site within 30 days 

24 after receiving the results of the study from the National 

25 Academy of Sciences. 
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1 SEC. 6019. HAZARDOUS MATERIALS RESEARCH AND DEVEL2 OPMENT. 

3 Section 5118 of title 49, United States Code, is amend4 ed— 

5 (1) in subsection (a)(2)— 

6 (A) in subparagraph (A) by striking ‘‘and’’ 

7 at the end; 

8 (B) in subparagraph (B) by striking the pe9 riod at the end and inserting ‘‘; and’’; and 

10 (C) by adding at the end the following: 

11 ‘‘(C) coordinate, as appropriate, with other 

12 Federal agencies.’’; and 

13 (2) by adding at the end the following new sub14 section: 

15 ‘‘(c) COOPERATIVE RESEARCH.— 

16 ‘‘(1) IN GENERAL.—As part of the program es17 tablished in subsection (a), the Secretary may carry 

18 out cooperative research on hazardous materials 

19 transport. 

20 ‘‘(2) NATIONAL ACADEMIES.—The Secretary may 

21 enter into an agreement with the National Academies 

22 to support such research. 

23 ‘‘(3) RESEARCH.—Research conducted under this 

24 subsection may include activities related to— 

25 ‘‘(A) emergency planning and response, in26 cluding information and programs that can be 
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•HR 22 EAH 

1 readily assessed and implemented in local juris2 dictions; 

3 ‘‘(B) risk analysis and perception and data 

4 assessment; 

5 ‘‘(C) commodity flow data, including vol6 untary collaboration between shippers and first 

7 responders for secure data exchange of critical 

8 information; 

9 ‘‘(D) integration of safety and security; 

10 ‘‘(E) cargo packaging and handling; 

11 ‘‘(F) hazmat release consequences; and 

12 ‘‘(G) materials and equipment testing.’’. 

13 SEC. 6020. WEB-BASED TRAINING FOR EMERGENCY RE14 SPONDERS. 

15 Section 5115(a) of title 49, United States Code, is 

16 amended by inserting ‘‘, including online curriculum as ap17 propriate,’’ after ‘‘a current curriculum of courses’’. 

18 SEC. 6021. TRANSPORTATION TECHNOLOGY POLICY WORK19 ING GROUP. 

20 To improve the scientific pursuit and research proce21 dures concerning transportation, the Assistant Secretary for 

22 Research and Technology may convene an interagency 

23 working group to— 
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1 (1) develop within 1 year after the date of enact2 ment of this Act a national transportation research 

3 framework; 

4 (2) identify opportunities for coordination be5 tween the Department and universities and the pri6 vate sector, and prioritize these opportunities; 

7 (3) identify and develop a plan to implement 

8 best practices for moving transportation research re9 sults out of the laboratory and into application; and 

10 (4) identify and develop a plan to address re11 lated workforce development needs. 

12 SEC. 6022. COLLABORATION AND SUPPORT. 

13 The Secretary may solicit the support of, and identify 

14 opportunities to collaborate with, other Federal research 

15 agencies and national laboratories to assist in the effective 

16 and efficient pursuit and resolution of research challenges 

17 identified by the Secretary. 

18 SEC. 6023. PRIZE COMPETITIONS. 

19 Section 502(b)(7) of title 23, United States Code, is 

20 amended— 

21 (1) in subparagraph (D)— 

22 (A) by inserting ‘‘(such as 

23 www.challenge.gov)’’ after ‘‘public website’’; 

24 (B) by redesignating clauses (iii) and (iv) 

25 as clauses (iv) and (v), respectively; 
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1 (C) by inserting after clause (ii) the fol2 lowing: 

3 ‘‘(iii) the process for participants to 

4 register for the competition;’’; and 

5 (D) in clause (iv) (as redesignated by sub6 paragraph (B)) by striking ‘‘prize’’ and insert7 ing ‘‘cash prize purse’’; 

8 (2) in subparagraph (E) by striking ‘‘prize’’ both 

9 places it appears and inserting ‘‘cash prize purse’’; 

10 (3) by redesignating subparagraphs (F) through 

11 (K) as subparagraphs (G) through (L), respectively; 

12 (4) by inserting after subparagraph (E) the fol13 lowing: 

14 ‘‘(F) USE OF FEDERAL FACILITIES; CON15 SULTATION WITH FEDERAL EMPLOYEES.—An in16 dividual or entity is not ineligible to receive a 

17 cash prize purse under this paragraph as a re18 sult of the individual or entity using a Federal 

19 facility or consulting with a Federal employee 

20 related to the individual or entity’s participa21 tion in a prize competition under this para22 graph unless the same facility or employee is 

23 made available to all individuals and entities 

24 participating in the prize competition on an eq25 uitable basis.’’; 
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1 (5) in subparagraph (G) (as redesignated by 

2 paragraph (3) of this section)— 

3 (A) in clause (i)(I) by striking ‘‘competi4 tion’’ and inserting ‘‘prize competition under 

5 this paragraph’’; 

6 (B) in clause (ii)(I)— 

7 (i) by striking ‘‘participation in a 

8 competition’’ and inserting ‘‘participation 

9 in a prize competition under this para10 graph’’; and 

11 (ii) by striking ‘‘competition activi12 ties’’ and inserting ‘‘prize competition ac13 tivities’’; and 

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

15 ‘‘(iii) INTELLECTUAL PROPERTY.— 

16 ‘‘(I) PROHIBITION ON REQUIRING

17 WAIVER.—The Secretary may not re18 quire a participant to waive claims 

19 against the Department arising out of 

20 the unauthorized use or disclosure by 

21 the Department of the intellectual 

22 property, trade secrets, or confidential 

23 business information of the partici24 pant. 
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1 ‘‘(II) PROHIBITION ON GOVERN2 MENT ACQUISITION OF INTELLECTUAL

3 PROPERTY RIGHTS.—The Federal Gov4 ernment may not gain an interest in 

5 intellectual property developed by a 

6 participant for a prize competition 

7 under this paragraph without the writ8 ten consent of the participant. 

9 ‘‘(III) LICENSES.—The Federal 

10 Government may negotiate a license 

11 for the use of intellectual property de12 veloped by a participant for a prize 

13 competition under this paragraph.’’; 

14 (6) in subparagraph (H)(i) (as redesignated by 

15 paragraph (3) of this section) by striking ‘‘subpara16 graph (H)’’ and inserting ‘‘subparagraph (I)’’; 

17 (7) in subparagraph (I) (as redesignated by 

18 paragraph (3) of this section) by striking ‘‘an agree19 ment with a private, nonprofit entity’’ and inserting 

20 ‘‘a grant, contract, cooperative agreement, or other 

21 agreement with a private sector for-profit or non22 profit entity’’; 

23 (8) in subparagraph (J) (as redesignated by 

24 paragraph (3) of this section)— 

25 (A) in clause (i)— 
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1 (i) in subclause (I) by striking ‘‘the 

2 private sector’’ and inserting ‘‘private sector 

3 for-profit and nonprofit entities, to be avail4 able to the extent provided by appropria5 tions Acts’’; 

6 (ii) in subclause (II) by striking ‘‘and 

7 metropolitan planning organizations’’ and 

8 inserting ‘‘metropolitan planning organiza9 tions, and private sector for-profit and non10 profit entities’’; and 

11 (iii) in subclause (III) by inserting 

12 ‘‘for-profit or nonprofit’’ after ‘‘private sec13 tor’’; 

14 (B) in clause (ii) by striking ‘‘prize 

15 awards’’ and inserting ‘‘cash prize purses’’; 

16 (C) in clause (iv)— 

17 (i) by inserting ‘‘competition’’ after ‘‘A 

18 prize’’; and 

19 (ii) by striking ‘‘the prize’’ and insert20 ing ‘‘the cash prize purse’’; 

21 (D) in clause (v)— 

22 (i) by striking ‘‘amount of a prize’’ 

23 and inserting ‘‘amount of a cash prize 

24 purse’’; 
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1 (ii) by inserting ‘‘competition’’ after 

2 ‘‘announcement of the prize’’; and 

3 (iii) in subclause (I) by inserting 

4 ‘‘competition’’ after ‘‘prize’’; 

5 (E) in clause (vi) by striking ‘‘offer a prize’’ 

6 and inserting ‘‘offer a cash prize purse’’; and 

7 (F) in clause (vii) by striking ‘‘cash prizes’’ 

8 and inserting ‘‘cash prize purses’’; 

9 (9) in subparagraph (K) (as redesignated by 

10 paragraph (3) of this section) by striking ‘‘or pro11 viding a prize’’ and inserting ‘‘a prize competition or 

12 providing a cash prize purse’’; and 

13 (10) in subparagraph (L)(ii) (as redesignated by 

14 paragraph (3) of this section)— 

15 (A) in subclause (I) by striking ‘‘The Sec16 retary’’ and inserting ‘‘Not later than March 1 

17 of each year, the Secretary’’; and 

18 (B) in subclause (II)— 

19 (i) in item (cc) by striking ‘‘cash 

20 prizes’’ both places it appears and inserting 

21 ‘‘cash prize purses’’; and 

22 (ii) in item (ee) by striking ‘‘agency’’ 

23 and inserting ‘‘Department’’. 
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1 SEC. 6024. GAO REPORT. 

2 Not later than 2 years after the date of enactment of 

3 this Act, the Comptroller General of the United States shall 

4 make available to the public a report that— 

5 (1) assesses the status of autonomous transpor6 tation technology policy developed by public entities 

7 in the United States; 

8 (2) assesses the organizational readiness of the 

9 Department to address autonomous vehicle technology 

10 challenges, including consumer privacy protections; 

11 and 

12 (3) recommends implementation paths for auton13 omous transportation technology, applications, and 

14 policies that are based on the assessment described in 

15 paragraph (2). 

16 SEC. 6025. INTELLIGENT TRANSPORTATION SYSTEM PUR17 POSES. 

18 Section 514(b) of title 23, United States Code, is 

19 amended— 

20 (1) in paragraph (8) by striking ‘‘and’’ at the 

21 end; 

22 (2) in paragraph (9) by striking the period at 

23 the end and inserting ‘‘; and’’; and 

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

25 ‘‘(10) to assist in the development of cybersecu26 rity standards in cooperation with relevant modal 
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•HR 22 EAH 

1 administrations of the Department of Transportation 

2 and other Federal agencies to help prevent hacking, 

3 spoofing, and disruption of connected and automated 

4 transportation vehicles.’’. 

5 SEC. 6026. INFRASTRUCTURE INTEGRITY. 

6 Section 503(b)(3)(C) of title 23, United States Code, 

7 is amended— 

8 (1) in clause (xviii) by striking ‘‘and’’ at the 

9 end; 

10 (2) in clause (xix) by striking the period at the 

11 end and inserting ‘‘; and’’; and 

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

13 ‘‘(xx) corrosion prevention measures 

14 for the structural integrity of bridges.’’. 

15 SEC. 6027. TRANSPORTATION RESEARCH AND DEVELOP16 MENT 5-YEAR STRATEGIC PLAN. 

17 (a) IN GENERAL.—The Secretary shall develop a 5- 

18 year transportation research and development strategic 

19 plan for fiscal years 2018 through 2022 to guide future Fed20 eral transportation research and development activities. 

21 (b) CONSISTENCY.—The strategic plan developed under 

22 subsection (a) shall be consistent with— 

23 (1) section 306 of title 5, United States Code; 

24 (2) sections 1115 and 1116 of title 31, United 

25 States Code; 
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1 (3) section 508 of title 23, United States Code; 

2 and 

3 (4) any other research and development plan 

4 within the Department. 

5 (c) CONTENTS.—The strategic plan developed under 

6 subsection (a) shall— 

7 (1) describe the primary purposes of the trans8 portation research and development program; 

9 (2) list the proposed research and development 

10 activities that the Department intends to pursue to 

11 accomplish under the strategic plan, which may in12 clude— 

13 (A) fundamental research pertaining to the 

14 applied physical and natural sciences; 

15 (B) applied science and research; 

16 (C) technology development research; and 

17 (D) social science research; and 

18 (3) for each research and development activity— 

19 (A) identify the anticipated annual funding 

20 levels for the period covered by the strategic plan; 

21 and 

22 (B) describe the research findings the De23 partment expects to discover at the end of the pe24 riod covered by the strategic plan. 
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1 (d) CONSIDERATIONS.—The Secretary shall ensure 

2 that the strategic plan developed under this section— 

3 (1) reflects input from external stakeholders; 

4 (2) includes and integrates the research and de5 velopment programs of all of the Department’s modal 

6 administrations and joint programs; 

7 (3) takes into account research and development 

8 by other Federal, State, local, private sector, and non9 profit institutions; and 

10 (4) is published on a public website by December 

11 31, 2016. 

12 (e) REPORT.— 

13 (1) NATIONAL RESEARCH COUNCIL REVIEW.— 

14 The Secretary shall enter into an agreement with the 

15 National Research Council for a review and analysis 

16 of the Department’s 5-year research and development 

17 strategic plan described in this section. By March 31, 

18 2017, the Secretary shall publish on a public website 

19 the National Research Council’s analysis of the De20 partment’s plan. 

21 (2) INTERIM REPORT.—By June 30, 2019, the 

22 Secretary shall publish on a public website an in23 terim report that— 

24 (A) provides an assessment of the Depart25 ment’s 5-year research and development strategic 
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•HR 22 EAH 

1 plan described in this section that includes a de2 scription of the extent to which the research and 

3 development is or is not successfully meeting the 

4 purposes described under subsection (c)(1); and 

5 (B) addresses any concerns and identifies 

6 any gaps that may have been raised by the Na7 tional Research Council analysis under para8 graph (1), including how the plan is or is not 

9 responsive to the National Research Council re10 view. 

11 SEC. 6028. TRAFFIC CONGESTION. 

12 (a) CONGESTION RESEARCH.—The Assistant Sec13 retary may conduct research on the reduction of traffic con14 gestion. 

15 (b) CONSIDERATION.—The Assistant Secretary shall— 

16 (1) recommend research to accelerate the adop17 tion of transportation management systems that allow 

18 traffic to flow in the safest and most efficient manner 

19 possible while alleviating current and future traffic 

20 congestion challenges; 

21 (2) assess and analyze traffic, transit, and 

22 freight data from various sources relevant to efforts to 

23 reduce traffic congestion so as to maximize mobility, 

24 efficiency, and capacity while decreasing congestion 

25 and travel times; 
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•HR 22 EAH 

1 (3) examine the use and integration of multiple 

2 data types from multiple sources and technologies, in3 cluding road weather data, private vehicle (including 

4 Global Positioning System) data, arterial and high5 way traffic conditions, transit vehicle arrival and de6 parture times, real time navigation routing, construc7 tion zone information, and reports of incidents, to 

8 suggest improvements in effective communication of 

9 such data and information in real time; 

10 (4) develop and disseminate suggested strategies 

11 and solutions to reduce congestion for high-density 

12 traffic regions and to provide mobility in the event of 

13 an emergency or natural disaster; and 

14 (5) collaborate with other relevant Federal agen15 cies, State and local agencies, industry and industry 

16 associations, and university research centers to fulfill 

17 goals and objectives under this section. 

18 (c) IDENTIFYING INFORMATION.—The Assistant Sec19 retary shall ensure that information used pursuant to this 

20 section does not contain identifying information of any in21 dividual. 

22 (d) REPORT.—Not later than 1 year after the date of 

23 enactment of this Act, the Assistant Secretary shall make 

24 available on a public website a report on its activities under 

25 this section. 
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1 SEC. 6029. RAIL SAFETY. 

2 Not later than 1 year after the date of enactment of 

3 this Act, the Assistant Secretary of Transportation for Re4 search and Technology may transmit to Congress a report 

5 containing— 

6 (1) the results of a study to examine the state of 

7 rail safety technologies and an analysis of whether the 

8 passenger, commuter, and transit rail transportation 

9 industries are keeping up with innovations in tech10 nologies to make rail cars safer for passengers and 

11 transport of commerce; and 

12 (2) a determination of how much additional 

13 time and public and private resources will be re14 quired for railroad carriers to meet the positive train 

15 control system implementation requirements under 

16 section 20157 of title 49, United States Code. 

17 SEC. 6030. STUDY AND REPORT ON REDUCING THE AMOUNT 

18 OF VEHICLES OWNED BY CERTAIN FEDERAL 

19 DEPARTMENTS AND INCREASING THE USE OF 

20 COMMERCIAL RIDE-SHARING BY THOSE DE21 PARTMENTS. 

22 (a) STUDY.—The Comptroller General of the United 

23 States shall conduct a study on the feasibility of— 

24 (1) reducing the amount of vehicles owned by a 

25 covered department; and 
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•HR 22 EAH 

1 (2) increasing the use of commercial ride-sharing 

2 companies by a covered department. 

3 (b) REPORT.—Not later than 1 year after the date of 

4 the enactment of this Act, the Comptroller General of the 

5 United States shall submit to Congress a report that con6 tains the results and conclusions of the study conducted 

7 under subsection (a). 

8 (c) COVERED DEPARTMENT DEFINED.—In this sec9 tion, the term ‘‘covered department’’ means each of the fol10 lowing: 

11 (1) The Department of Agriculture. 

12 (2) The Department of the Interior. 

13 (3) The Department of Energy. 

14 TITLE VII—HAZARDOUS 

15 MATERIALS TRANSPORTATION 

16 SEC. 7001. SHORT TITLE. 

17 This title may be cited as the ‘‘Hazardous Materials 

18 Transportation Safety Improvement Act of 2015’’. 

19 SEC. 7002. AUTHORIZATION OF APPROPRIATIONS. 

20 Section 5128 of title 49, United States Code, is amend21 ed to read as follows: 

22 ‘‘§ 5128. Authorization of appropriations 

23 ‘‘(a) IN GENERAL.—There are authorized to be appro24 priated to the Secretary to carry out this chapter (except 

25 sections 5107(e), 5108(g)(2), 5113, 5115, 5116, and 5119)— 
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1 ‘‘(1) $53,000,000 for fiscal year 2016; 

2 ‘‘(2) $55,000,000 for fiscal year 2017; 

3 ‘‘(3) $57,000,000 for fiscal year 2018; 

4 ‘‘(4) $58,000,000 for fiscal year 2019; 

5 ‘‘(5) $60,000,000 for fiscal year 2020; and 

6 ‘‘(6) $62,000,000 for fiscal year 2021. 

7 ‘‘(b) HAZARDOUS MATERIALS EMERGENCY PRE8 PAREDNESS FUND.—From the Hazardous Materials Emer9 gency Preparedness Fund established under section 5116(h), 

10 the Secretary may expend, for each of fiscal years 2016 

11 through 2021— 

12 ‘‘(1) $21,988,000 to carry out section 5116(a); 

13 ‘‘(2) $150,000 to carry out section 5116(e); 

14 ‘‘(3) $625,000 to publish and distribute the 

15 Emergency Response Guidebook under section 

16 5116(h)(3); and 

17 ‘‘(4) $1,000,000 to carry out section 5116(i). 

18 ‘‘(c) HAZARDOUS MATERIALS TRAINING GRANTS.— 

19 From the Hazardous Materials Emergency Preparedness 

20 Fund established pursuant to section 5116(h), the Secretary 

21 may expend $5,000,000 for each of fiscal years 2016 

22 through 2021 to carry out section 5107(e). 

23 ‘‘(d) CREDITS TO APPROPRIATIONS.— 

24 ‘‘(1) EXPENSES.—In addition to amounts other25 wise made available to carry out this chapter, the 
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1 Secretary may credit amounts received from a State, 

2 Indian tribe, or other public authority or private en3 tity for expenses the Secretary incurs in providing 

4 training to the State, Indian tribe, authority, or enti5 ty. 

6 ‘‘(2) AVAILABILITY OF AMOUNTS.—Amounts 

7 made available under this section shall remain avail8 able until expended.’’. 

9 SEC. 7003. NATIONAL EMERGENCY AND DISASTER RE10 SPONSE. 

11 Section 5103 of title 49, United States Code, is amend12 ed— 

13 (1) by redesignating subsections (c) and (d) as 

14 subsections (d) and (e), respectively; and 

15 (2) by inserting after subsection (b) the fol16 lowing: 

17 ‘‘(c) FEDERALLY DECLARED DISASTERS AND EMER18 GENCIES.— 

19 ‘‘(1) IN GENERAL.—The Secretary may by order 

20 waive compliance with any part of an applicable 

21 standard prescribed under this chapter without prior 

22 notice and comment and on terms the Secretary con23 siders appropriate if the Secretary determines that— 

24 ‘‘(A) it is in the public interest to grant the 

25 waiver; 
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1 ‘‘(B) the waiver is not inconsistent with the 

2 safety of transporting hazardous materials; and 

3 ‘‘(C) the waiver is necessary to facilitate the 

4 safe movement of hazardous materials into, from, 

5 and within an area of a major disaster or emer6 gency that has been declared under the Robert T. 

7 Stafford Disaster Relief and Emergency Assist8 ance Act (42 U.S.C. 5121 et seq.). 

9 ‘‘(2) PERIOD OF WAIVER.—A waiver under this 

10 subsection may be issued for a period of not more 

11 than 60 days and may be renewed upon application 

12 to the Secretary only after notice and an opportunity 

13 for a hearing on the waiver. The Secretary shall im14 mediately revoke the waiver if continuation of the 

15 waiver would not be consistent with the goals and ob16 jectives of this chapter. 

17 ‘‘(3) STATEMENT OF REASONS.—The Secretary 

18 shall include in any order issued under this section 

19 the reason for granting the waiver.’’. 

20 SEC. 7004. ENHANCED REPORTING. 

21 Section 5121(h) of title 49, United States Code, is 

22 amended by striking ‘‘transmit to the Committee on Trans23 portation and Infrastructure of the House of Representa24 tives and the Committee on Commerce, Science, and Trans25 portation of the Senate’’ and inserting ‘‘make available to 
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1 the public on the Department of Transportation’s Internet 

2 Web site’’. 

3 SEC. 7005. WETLINES. 

4 (a) WITHDRAWAL.—Not later than 30 days after the 

5 date of enactment of this Act, the Secretary shall withdraw 

6 the proposed rule described in the notice of proposed rule7 making issued on January 27, 2011, entitled ‘‘Safety Re8 quirements for External Product Piping on Cargo Tanks 

9 Transporting Flammable Liquids’’ (76 Fed. Reg. 4847). 

10 (b) SAVINGS CLAUSE.—Nothing in this section shall 

11 prohibit the Secretary from issuing standards or regula12 tions regarding the safety of external product piping on 

13 cargo tanks transporting flammable liquids after the with14 drawal is carried out pursuant to subsection (a). 

15 SEC. 7006. IMPROVING PUBLICATION OF SPECIAL PERMITS 

16 AND APPROVALS. 

17 Section 5117 of title 49, United States Code, is amend18 ed— 

19 (1) in subsection (b)— 

20 (A) by striking ‘‘an application for a spe21 cial permit’’ and inserting ‘‘an application for a 

22 new special permit or a modification to an exist23 ing special permit’’; and 

24 (B) by inserting after the first sentence the 

25 following: ‘‘The Secretary shall make available to 
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1 the public on the Department of Transportation’s 

2 Internet Web site any special permit other than 

3 a new special permit or a modification to an ex4 isting special permit and shall give the public an 

5 opportunity to inspect the safety analysis and 

6 comment on the application for a period of not 

7 more than 15 days.’’; and 

8 (2) in subsection (c)— 

9 (A) by striking ‘‘publish’’ and inserting 

10 ‘‘make available to the public’’; 

11 (B) by striking ‘‘in the Federal Register’’; 

12 (C) by striking ‘‘180’’ and inserting ‘‘120’’; 

13 and 

14 (D) by striking ‘‘the special permit’’ each 

15 place it appears and inserting ‘‘a special permit 

16 or approval’’; and 

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

18 ‘‘(g) DISCLOSURE OF FINAL ACTION.—The Secretary 

19 shall periodically, but at least every 120 days— 

20 ‘‘(1) publish in the Federal Register notice of the 

21 final disposition of each application for a new special 

22 permit, modification to an existing special permit, or 

23 approval during the preceding quarter; and 

24 ‘‘(2) make available to the public on the Depart25 ment of Transportation’s Internet Web site notice of 
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1 the final disposition of any other special permit dur2 ing the preceding quarter.’’. 

3 SEC. 7007. GAO STUDY ON ACCEPTANCE OF CLASSIFICA4 TION EXAMINATIONS. 

5 (a) IN GENERAL.—Not later than 120 days after the 

6 date of enactment of this Act, the Comptroller General of 

7 the United States shall evaluate and transmit to the Sec8 retary, the Committee on Transportation and Infrastruc9 ture of the House of Representatives, and the Committee 

10 on Commerce, Science, and Transportation of the Senate, 

11 a report on the standards, metrics, and protocols that the 

12 Secretary uses to regulate the performance of persons ap13 proved to recommend hazard classifications pursuant to sec14 tion 173.56(b) of title, 49, Code of Federal Regulations 

15 (commonly referred to as ‘‘third-party labs’’). 

16 (b) EVALUATION.—The evaluation required under sub17 section (a) shall— 

18 (1) identify what standards and protocols are 

19 used to approve such persons, assess the adequacy of 

20 such standards and protocols to ensure that persons 

21 seeking approval are qualified and capable of per22 forming classifications, and make recommendations to 

23 address any deficiencies identified; 

24 (2) assess the adequacy of the Secretary’s over25 sight of persons approved to perform the classifica-
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1 tions, including the qualification of individuals en2 gaged in the oversight of approved persons, and make 

3 recommendations to enhance oversight sufficiently to 

4 ensure that classifications are issued as required; 

5 (3) identify what standards and protocols exist 

6 to rescind, suspend, or deny approval of persons who 

7 perform such classifications, assess the adequacy of 

8 such standards and protocols, and make recommenda9 tions to enhance such standards and protocols if nec10 essary; and 

11 (4) include annual data for fiscal years 2005 

12 through 2015 on the number of applications received 

13 for new classifications pursuant to section 173.56(b) 

14 of title 49, Code of Federal Regulations, of those ap15 plications how many classifications recommended by 

16 persons approved by the Secretary were changed to 

17 another classification and the reasons for the change, 

18 and how many hazardous materials incidents have 

19 been attributed to a classification recommended by 

20 such approved persons in the United States. 

21 (c) ACTION PLAN.—Not later than 120 days after re22 ceiving the report required under subsection (a), the Sec23 retary shall make available to the public a plan describing 

24 any actions the Secretary will take to establish standards, 

25 metrics, and protocols based on the findings and rec-
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1 ommendations in the report to ensure that persons approved 

2 to perform classification examinations required under sec3 tion 173.56(b) of title 49, Code of Federal Regulations, can 

4 sufficiently perform such examinations in a manner that 

5 meets the hazardous materials regulations. 

6 (d) REGULATIONS.—If the report required under sub7 section (a) recommends new regulations in order for the 

8 Secretary to have confidence in the accuracy of classifica9 tion recommendations rendered by persons approved to per10 form classification examinations required under section 

11 173.56(b) of title 49, Code of Federal Regulations, the Sec12 retary shall issue such regulations not later than 24 months 

13 after the date of enactment of this Act. 

14 SEC. 7008. IMPROVING THE EFFECTIVENESS OF PLANNING 

15 AND TRAINING GRANTS. 

16 (a) PLANNING AND TRAINING GRANTS.—Section 5116 

17 of title 49, United States Code, is amended— 

18 (1) by redesignating subsections (c) through (k) 

19 as subsections (b) through (j), respectively, 

20 (2) by striking subsection (b); and 

21 (3) by striking subsection (a) and inserting the 

22 following: 

23 ‘‘(a) PLANNING AND TRAINING GRANTS.—(1) The Sec24 retary shall make grants to States and Indian tribes— 
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1 ‘‘(A) to develop, improve, and carry out emer2 gency plans under the Emergency Planning and 

3 Community Right-To-Know Act of 1986 (42 U.S.C. 

4 11001 et seq.), including ascertaining flow patterns of 

5 hazardous material on lands under the jurisdiction of 

6 a State or Indian tribe, and between lands under the 

7 jurisdiction of a State or Indian tribe and lands of 

8 another State or Indian tribe; 

9 ‘‘(B) to decide on the need for regional hazardous 

10 material emergency response teams; and 

11 ‘‘(C) to train public sector employees to respond 

12 to accidents and incidents involving hazardous mate13 rial. 

14 ‘‘(2) To the extent that a grant is used to train emer15 gency responders under paragraph (1)(C), the State or In16 dian tribe shall provide written certification to the Sec17 retary that the emergency responders who receive training 

18 under the grant will have the ability to protect nearby per19 sons, property, and the environment from the effects of acci20 dents or incidents involving the transportation of hazardous 

21 material in accordance with existing regulations or Na22 tional Fire Protection Association standards for competence 

23 of responders to accidents and incidents involving haz24 ardous materials. 
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1 ‘‘(3) The Secretary may make a grant to a State or 

2 Indian tribe under paragraph (1) of this subsection only 

3 if— 

4 ‘‘(A) the State or Indian tribe certifies that the 

5 total amount the State or Indian tribe expends (ex6 cept amounts of the Federal Government) for the pur7 pose of the grant will at least equal the average level 

8 of expenditure for the last 5 years; and 

9 ‘‘(B) any emergency response training provided 

10 under the grant shall consist of— 

11 ‘‘(i) a course developed or identified under 

12 section 5115 of this title; or 

13 ‘‘(ii) any other course the Secretary deter14 mines is consistent with the objectives of this sec15 tion. 

16 ‘‘(4) A State or Indian tribe receiving a grant under 

17 this subsection shall ensure that planning and emergency 

18 response training under the grant is coordinated with adja19 cent States and Indian tribes. 

20 ‘‘(5) A training grant under paragraph (1)(C) may 

21 be used— 

22 ‘‘(A) to pay— 

23 ‘‘(i) the tuition costs of public sector em24 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 provide 

13 the training— 

14 ‘‘(i) if the agreement allows the Secretary 

15 and the State or Indian tribe to conduct random 

16 examinations, inspections, and audits of the 

17 training without prior notice; 

18 ‘‘(ii) the person agrees to have an auditable 

19 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 ‘‘(6) The Secretary shall allocate amounts made avail24 able for grants under this subsection among eligible States 

25 and Indian tribes based on the needs of the States and In-
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1 dian tribes for emergency response training and planning. 

2 In making a decision about those needs, the Secretary shall 

3 consider— 

4 ‘‘(A) the number of hazardous material facilities 

5 in the State or on land under the jurisdiction of the 

6 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 material; 

11 ‘‘(D) whether such fee is used only to carry out 

12 a purpose related to transporting hazardous material; 

13 ‘‘(E) the past record of the State or Indian tribe 

14 in effectively managing planning and training 

15 grants; and 

16 ‘‘(F) any other factors the Secretary determines 

17 are appropriate to carry out this subsection.’’. 

18 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

19 (1) Section 5108(g) of title 49, United States 

20 Code, is amended by striking ‘‘5116(i)’’ each place it 

21 appears and inserting ‘‘5116(h)’’. 

22 (2) Section 5116 of such title is amended— 

23 (A) in subsection (d), as redesignated by 

24 this section, by striking ‘‘subsections (a)(2)(A) 
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1 and (b)(2)(A)’’ and inserting ‘‘subsection 

2 (a)(3)(A)’’; 

3 (B) in subsection (h), as redesignated by 

4 this section— 

5 (i) in paragraph (1) by inserting ‘‘and 

6 section 5107(e)’’ after ‘‘section’’; 

7 (ii) in paragraph (2) by striking ‘‘(f)’’ 

8 and inserting ‘‘(e)’’; and 

9 (iii) in paragraph (4) by striking 

10 ‘‘5108(g)(2) and 5115’’ and inserting 

11 ‘‘5107(e) and 5108(g)(2)’’; 

12 (C) in subsection (i), as redesignated by this 

13 section, by striking ‘‘subsection (b)’’ and insert14 ing ‘‘subsection (a)’’; and 

15 (D) in subsection (j), as redesignated by 

16 this section— 

17 (i) by striking ‘‘planning grants allo18 cated under subsection (a), training grants 

19 under subsection (b), and grants under sub20 section (j)’’ and inserting ‘‘planning and 

21 training grants under subsection (a) and 

22 grants under subsection (i)’’; and 

23 (ii) by redesignating subparagraphs 

24 (A) through (D) as paragraphs (1) through 

25 (4), respectively. 
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1 (c) ENFORCEMENT PERSONNEL.—Section 5107(e) of 

2 title 49, United States Code, is amended by inserting ‘‘, 

3 State and local personnel responsible for enforcing the safe 

4 transportation of hazardous materials, or both’’ after 

5 ‘‘hazmat employees’’ each place it appears. 

6 SEC. 7009. MOTOR CARRIER SAFETY PERMITS. 

7 Section 5109(h) of title 49, United States Code, is 

8 amended to read as follows: 

9 ‘‘(h) LIMITATION ON DENIAL.—The Secretary may not 

10 deny a non-temporary permit held by a motor carrier pur11 suant to this section based on a comprehensive review of 

12 that carrier triggered by safety management system scores 

13 or out-of-service disqualification standards, unless— 

14 ‘‘(1) the carrier has the opportunity, prior to the 

15 denial of such permit, to submit a written description 

16 of corrective actions taken and other documentation 

17 the carrier wishes the Secretary to consider, including 

18 a corrective action plan; and 

19 ‘‘(2) the Secretary determines the actions or plan 

20 is insufficient to address the safety concerns identified 

21 during the course of the comprehensive review.’’. 

22 SEC. 7010. THERMAL BLANKETS. 

23 (a) REQUIREMENTS.—Not later than 180 days after 

24 the date of enactment of this Act, the Secretary shall issue 

25 such regulations as are necessary to require that each tank 
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1 car built to meet the DOT–117 specification and each non2 jacketed tank car modified to meet the DOT–117R specifica3 tion be equipped with an insulating blanket with at least 

1 4 ⁄2-inch-thick material that has been approved by the Sec5 retary pursuant to section 179.18(c) of title 49, Code of Fed6 eral Regulations. 

7 (b) SAVINGS CLAUSE.—Nothing in this section shall 

8 prohibit the Secretary from approving new or alternative 

9 technologies or materials as they become available that pro10 vide a level of safety at least equivalent to the level of safety 

11 provided for under subsection (a). 

12 SEC. 7011. COMPREHENSIVE OIL SPILL RESPONSE PLANS. 

13 (a) IN GENERAL.—Chapter 51 of title 49, United 

14 States Code, is amended by inserting after section 5110 the 

15 following: 

16 ‘‘§ 5111. Comprehensive oil spill response plans 

17 ‘‘(a) REQUIREMENTS.—Not later than 120 days after 

18 the date of enactment of this section, the Secretary shall 

19 issue such regulations as are necessary to require any rail20 road carrier transporting a Class 3 flammable liquid to 

21 maintain a comprehensive oil spill response plan. In devel22 oping such regulations, the Secretary shall consult with 

23 States to determine whether there are safety hazards or con24 cerns specific to a State that should be taken into account 
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1 in developing the requirements for a comprehensive oil spill 

2 response plan. 

3 ‘‘(b) CONTENTS.—The regulations under subsection (a) 

4 shall require each railroad carrier described in that sub5 section to— 

6 ‘‘(1) include in the comprehensive oil spill re7 sponse plan procedures and resources, including 

8 equipment, for responding, to the maximum extent 

9 practicable, to a worst-case discharge; 

10 ‘‘(2) ensure that the comprehensive oil spill re11 sponse plan is consistent with the National Contin12 gency Plan and each applicable Area Contingency 

13 Plan; 

14 ‘‘(3) include in the comprehensive oil spill re15 sponse plan appropriate notification and training 

16 procedures and procedures for coordinating with Fed17 eral, State, and local emergency responders; 

18 ‘‘(4) review and update its comprehensive oil 

19 spill response plan as appropriate; and 

20 ‘‘(5) provide the comprehensive oil spill response 

21 plan for acceptance by the Secretary. 

22 ‘‘(c) SAVINGS CLAUSE.—Nothing in the section may 

23 be construed to prohibit the Secretary from promulgating 

24 differing comprehensive oil response plan standards for 
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1 Class I railroads, Class II railroads, and Class III rail2 roads. 

3 ‘‘(d) RESPONSE PLANS.—The Secretary shall— 

4 ‘‘(1) maintain on file a copy of the most recent 

5 comprehensive oil spill response plans prepared by a 

6 railroad carrier transporting a Class 3 flammable liq7 uid; and 

8 ‘‘(2) provide to a person, upon written request, 

9 a copy of the plan, which may exclude, as the Sec10 retary determines appropriate— 

11 ‘‘(A) proprietary information; 

12 ‘‘(B) security-sensitive information, includ13 ing information described in section 1520.5(a) of 

14 title 49, Code of Federal Regulations; 

15 ‘‘(C) specific response resources and tactical 

16 resource deployment plans; and 

17 ‘‘(D) the specific amount and location of 

18 worst-case discharges, including the process by 

19 which a railroad carrier determines the worst20 case discharge. 

21 ‘‘(e) RELATIONSHIP TO FOIA.—Nothing in this sec22 tion may be construed to require disclosure of information 

23 or records that are exempt from disclosure under section 

24 552 of title 5. 

25 ‘‘(f) DEFINITIONS.— 
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1 ‘‘(1) AREA CONTINGENCY PLAN.—The term ‘Area 

2 Contingency Plan’ has the meaning given the term in 

3 section 311(a) of the Federal Water Pollution Control 

4 Act (33 U.S.C. 1321(a)). 

5 ‘‘(2) CLASS 3 FLAMMABLE LIQUID.—The term 

6 ‘Class 3 flammable liquid’ has the meaning given the 

7 term flammable liquid in section 173.120 of title 49, 

8 Code of Federal Regulations. 

9 ‘‘(3) CLASS I RAILROAD; CLASS II RAILROAD; 

10 AND CLASS III RAILROAD.—The terms ‘Class I rail11 road’, ‘Class II railroad’, and ‘Class III railroad’ 

12 have the meaning given those terms in section 20102. 

13 ‘‘(4) NATIONAL CONTINGENCY PLAN.—The term 

14 ‘National Contingency Plan’ has the meaning given 

15 the term in section 1001 of the Oil Pollution Act of 

16 1990 (33 U.S.C. 2701). 

17 ‘‘(5) RAILROAD CARRIER.—The term ‘railroad 

18 carrier’ has the meaning given the term in section 

19 20102. 

20 ‘‘(6) WORST-CASE DISCHARGE.—The term 

21 ‘worst-case discharge’ means the largest foreseeable 

22 discharge of oil in the event of an accident or inci23 dent, as determined by each railroad carrier in ac24 cordance with regulations issued under this section.’’. 
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1 (b) CLERICAL AMENDMENT.—The analysis for chapter 

2 51 of title 49, United States Code, is amended by inserting 

3 after the item relating to section 5110 the following: 

‘‘5111. Comprehensive oil spill response plans.’’. 

4 SEC. 7012. INFORMATION ON HIGH-HAZARD FLAMMABLE 

5 TRAINS. 

6 (a) INFORMATION ON HIGH-HAZARD FLAMMABLE

7 TRAINS.—Not later than 90 days after the date of enact8 ment of this Act, the Secretary shall issue regulations to 

9 require each applicable railroad carrier to provide informa10 tion on high-hazard flammable trains to State emergency 

11 response commissions consistent with Emergency Order 

12 Docket No. DOT–OST–2014–0067, and include appro13 priate protections from public release of proprietary infor14 mation and security-sensitive information, including infor15 mation described in section 1520.5(a) of title 49, Code of 

16 Federal Regulations. 

17 (b) HIGH-HAZARD FLAMMABLE TRAIN.—The term 

18 ‘‘high-hazard flammable train’’ means a single train trans19 porting 20 or more tank cars loaded with a Class 3 flam20 mable liquid, as such term is defined in section 173.120 

21 of title 49, Code of Federal Regulations, in a continuous 

22 block or a single train transporting 35 or more tank cars 

23 loaded with a Class 3 flammable liquid throughout the train 

24 consist. 
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1 SEC. 7013. STUDY AND TESTING OF ELECTRONICALLY CON2 TROLLED PNEUMATIC BRAKES. 

3 (a) GOVERNMENT ACCOUNTABILITY OFFICE STUDY.— 

4 (1) IN GENERAL.—The Comptroller General of 

5 the United States shall conduct an independent eval6 uation of ECP brake systems, pilot program data, 

7 and the Department’s research and analysis on the 

8 costs, benefits, and effects of ECP brake systems. 

9 (2) STUDY ELEMENTS.—In completing the inde10 pendent evaluation under paragraph (1), the Comp11 troller General of the United States shall examine the 

12 following issues related to ECP brake systems: 

13 (A) Data and modeling results on safety 

14 benefits relative to conventional brakes and to 

15 other braking technologies or systems, such as 

16 distributed power and 2-way end-of-train de17 vices. 

18 (B) Data and modeling results on business 

19 benefits, including the effects of dynamic brak20 ing. 

21 (C) Data on costs, including up-front cap22 ital costs and on-going maintenance costs. 

23 (D) Analysis of potential operational bene24 fits and challenges, including the effects of poten25 tial locomotive and car segregation, technical re26 liability issues, and network disruptions. 
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1 (E) Analysis of potential implementation 

2 challenges, including installation time, positive 

3 train control integration complexities, compo4 nent availability issues, and tank car shop capa5 bilities. 

6 (F) Analysis of international experiences 

7 with the use of advanced braking technologies. 

8 (3) REPORT.—Not later than 18 months after the 

9 date of enactment of this Act, the Comptroller General 

10 of the United States shall transmit to the Committee 

11 on Transportation and Infrastructure of the House of 

12 Representatives and the Committee on Commerce, 

13 Science, and Transportation of the Senate a report on 

14 the results of the independent evaluation under para15 graph (1). 

16 (b) EMERGENCY BRAKING APPLICATION TESTING.— 

17 (1) IN GENERAL.—The Secretary shall enter into 

18 an agreement with the National Academy of Sciences 

19 to— 

20 (A) complete testing of ECP brake systems 

21 during emergency braking application, including 

22 more than 1 scenario involving the uncoupling of 

23 a train with 70 or more DOT–117-specification 

24 or DOT–117R-specification tank cars; and 
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1 (B) transmit, not later than 18 months 

2 after the date of enactment of this Act, to the 

3 Committee on Transportation and Infrastructure 

4 of the House of Representatives and the Com5 mittee on Commerce, Science, and Transpor6 tation of the Senate a report on the results of the 

7 testing. 

8 (2) INDEPENDENT EXPERTS.—In completing the 

9 testing under paragraph (1)(A), the National Acad10 emy of Sciences may contract with 1 or more engi11 neering or rail experts, as appropriate, that— 

12 (A) are not railroad carriers, entities fund13 ed by such carriers, or entities directly impacted 

14 by the final rule issued on May 8, 2015, entitled 

15 ‘‘Enhanced Tank Car Standards and Oper16 ational Controls for High-Hazard Flammable 

17 Trains’’ (80 Fed. Reg. 26643); and 

18 (B) have relevant experience in conducting 

19 railroad safety technology tests or similar crash 

20 tests. 

21 (3) TESTING FRAMEWORK.—In completing the 

22 testing under paragraph (1), the National Academy of 

23 Sciences and each contractor described in paragraph 

24 (2) shall ensure that the testing objectively, accu25 rately, and reliably measures the performance of ECP 
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1 brake systems relative to other braking technologies or 

2 systems, such as distributed power and 2-way end-of3 train devices, including differences in— 

4 (A) the number of cars derailed; 

5 (B) the number of cars punctured; 

6 (C) the measures of in-train forces; and 

7 (D) the stopping distance. 

8 (4) FUNDING.—The Secretary shall provide 

9 funding, as part of the agreement under paragraph 

10 (1), to the National Academy of Sciences for the test11 ing required under this section— 

12 (A) using sums made available to carry out 

13 sections 20108 and 5118 of title 49, United 

14 States Code; and 

15 (B) to the extent funding under subpara16 graph (A) is insufficient or unavailable to fund 

17 the testing required under this section, using 

18 such sums as are necessary from the amounts 

19 appropriated to the Secretary, the Federal Rail20 road Administration, or the Pipeline and Haz21 ardous Materials Safety Administration, or a 

22 combination thereof. 

23 (5) EQUIPMENT.—The National Academy of 

24 Sciences and each contractor described in paragraph 

25 (2) may receive or use rolling stock, track, and other 
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•HR 22 EAH 

1 equipment or infrastructure from a private entity for 

2 the purposes of conducting the testing required under 

3 this section. 

4 (c) EVIDENCE-BASED APPROACH.— 

5 (1) ANALYSIS.—The Secretary shall— 

6 (A) not later than 90 days after the report 

7 date, fully incorporate and update the regulatory 

8 impact analysis of the final rule described in 

9 subsection (b)(2)(A) of the costs, benefits, and ef10 fects of the applicable ECP brake system require11 ments; 

12 (B) as soon as practicable after completion 

13 of the updated analysis under subparagraph (A), 

14 solicit public comment on the analysis for a pe15 riod of not more than 30 days; and 

16 (C) not later than 60 days after the end of 

17 the public comment period under subparagraph 

18 (B), post the final updated regulatory impact 

19 analysis on the Department of Transportation’s 

20 Internet Web site. 

21 (2) DETERMINATION.—Not later than 180 days 

22 after the report date, the Secretary shall— 

23 (A) determine, based on whether the final 

24 regulatory impact analysis described in para25 graph (1)(C) demonstrates that the benefits, in-
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1 cluding safety benefits, of the applicable ECP 

2 brake system requirements exceed the costs of 

3 such requirements, whether the applicable ECP 

4 brake system requirements are justified; 

5 (B) if the applicable ECP brake system re6 quirements are justified, publish in the Federal 

7 Register the determination and reasons for such 

8 determination; and 

9 (C) if the Secretary does not publish the de10 termination under subparagraph (B), repeal the 

11 applicable ECP brake system requirements. 

12 (3) SAVINGS CLAUSE.—Nothing in this section 

13 shall be construed to prohibit the Secretary from im14 plementing the final rule described under subsection 

15 (b)(2)(A) prior to the determination required under 

16 subsection (c)(2) of this section, or require the Sec17 retary to promulgate a new rulemaking on the provi18 sions of such final rule, other than the applicable 

19 ECP brake system requirements, if the Secretary de20 termines that the applicable ECP brake system re21 quirements are not justified pursuant to this sub22 section. 

23 (d) DEFINITIONS.—In this section, the following defi24 nitions apply: 
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1 (1) APPLICABLE ECP BRAKE SYSTEM REQUIRE2 MENTS.—The term ‘‘applicable ECP brake system re3 quirements’’ means sections 174.310(a)(3)(ii), 

4 174.310(a)(3)(iii), 174.310(a)(5)(v), 179.202–12(g), 

5 and 179.202–13(i) of title 49, Code of Federal Regula6 tions, and any other regulation in effect on the date 

7 of enactment of this Act requiring the installation of 

8 ECP brakes or operation in ECP brake mode. 

9 (2) CLASS 3 FLAMMABLE LIQUID.—The term 

10 ‘‘Class 3 flammable liquid’’ has the meaning given the 

11 term flammable liquid in section 173.120(a) of title 

12 49, Code of Federal Regulations. 

13 (3) ECP.—The term ‘‘ECP’’ means electroni14 cally controlled pneumatic when applied to a brake or 

15 brakes. 

16 (4) ECP BRAKE MODE.—The term ‘‘ECP brake 

17 mode’’ includes any operation of a rail car or an en18 tire train using an ECP brake system. 

19 (5) ECP BRAKE SYSTEM.— 

20 (A) IN GENERAL.—The term ‘‘ECP brake 

21 system’’ means a train power braking system ac22 tuated by compressed air and controlled by elec23 tronic signals from the locomotive or an ECP– 

24 EOT to the cars in the consist for service and 

25 emergency applications in which the brake pipe 
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1 is used to provide a constant supply of com2 pressed air to the reservoirs on each car but does 

3 not convey braking signals to the car. 

4 (B) INCLUSIONS.—The term ‘‘ECP brake 

5 system’’ includes dual mode and stand-alone 

6 ECP brake systems. 

7 (6) RAILROAD CARRIER.—The term ‘‘railroad 

8 carrier’’ has the meaning given the term in section 

9 20102 of title 49, United States Code. 

10 (7) REPORT DATE.—The term ‘‘report date’’ 

11 means the date that the reports under subsections 

12 (a)(3) and (b)(1)(B) are required to be transmitted 

13 pursuant to those subsections. 

14 SEC. 7014. STUDY ON THE EFFICACY AND IMPLEMENTATION 

15 OF THE EUROPEAN TRAIN CONTROL SYSTEM. 

16 (a) IN GENERAL.—The Comptroller General of the 

17 United States shall, in consultation with other heads of 

18 Federal agencies as appropriate, conduct a study on the 

19 European Train Control System. 

20 (b) ISSUES.—In conducting the study described in sub21 section (a), the Comptroller General shall examine, at a 

22 minimum, the following issues: 

23 (1) The process by which the European Train 

24 Control System came to replace the more than 20 sep-
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1 arate national train control systems throughout the 

2 European continent. 

3 (2) The costs associated with implementing the 

4 European Train Control System across all affected 

5 railroads in Europe. 

6 (3) The impact of the European Train Control 

7 System on operating capacity and rail passenger 

8 safety. 

9 (4) The efficacy of the European Train Control 

10 System and the feasibility of implementing such a 

11 system throughout the national rail network of the 

12 United States. 

13 (5) A comparison of the costs associated with 

14 adopting European Train Control System technology 

15 with the costs associated with developing and imple16 menting Positive Train Control in the United States. 

17 (c) REPORT.—Not later than 180 days after the date 

18 of the enactment of this section, the Comptroller General 

19 shall submit to the Committee on Transportation and In20 frastructure of the House of Representatives and the Com21 mittee on Commerce, Science, and Transportation of the 

22 Senate a report on the results of the study described in sub23 section (a). 
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1 SEC. 7015. PHASE-OUT OF ALL TANK CARS USED TO TRANS2 PORT CLASS 3 FLAMMABLE LIQUIDS. 

3 (a) IN GENERAL.—Except as provided for in sub4 section (b), beginning on the date of enactment of this Act, 

5 all railroad tank cars used to transport Class 3 flammable 

6 liquids shall meet the DOT–117 or DOT–117R specifica7 tions in part 179 of title 49, Code of Federal Regulations, 

8 regardless of train composition. 

9 (b) PHASE-OUT SCHEDULE.—Certain tank cars not 

10 meeting DOT–117 or DOT–117R specifications on the date 

11 of enactment of this Act may be used, regardless of train 

12 composition, until the following end-dates: 

13 (1) For transport of unrefined petroleum prod14 ucts in Class 3 flammable service, including crude 

15 oil— 

16 (A) January 1, 2018, for non-jacketed 

17 DOT–111 tank cars; 

18 (B) March 1, 2018, for jacketed DOT–111 

19 tank cars; 

20 (C) April 1, 2020, for non-jacketed CPC– 

21 1232 tank cars; and 

22 (D) May 1, 2025, for jacketed CPC–1232 

23 tank cars. 

24 (2) For transport of ethanol— 

25 (A) May 1, 2023, for non-jacketed and jack26 eted DOT–111 tank cars; 
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1 (B) July 1, 2023, for non-jacketed CPC– 

2 1232 tank cars; and 

3 (C) May 1, 2025, for jacketed CPC–1232 

4 tank cars. 

5 (3) For transport of Class 3 flammable liquids 

6 in Packing Group I, other than Class 3 flammable 

7 liquids specified in paragraphs (1) and (2), May 1, 

8 2025. 

9 (4) For transport of Class 3 flammable liquids 

10 in Packing Groups II and III, other than Class 3 

11 flammable liquids specified in paragraphs (1) and 

12 (2), May 1, 2029. 

13 (c) RETROFITTING SHOP CAPACITY.—The Secretary 

14 may extend the deadlines established under paragraphs (3) 

15 and (4) of subsection (b) for a period not to exceed 2 years 

16 if the Secretary determines that insufficient retrofitting 

17 shop capacity will prevent the phase-out of tank cars not 

18 meeting the DOT–117 or DOT–117R specifications by the 

19 deadlines set forth in such paragraphs. 

20 (d) IMPLEMENTATION.—Nothing in this section shall 

21 be construed to require the Secretary to issue regulations 

22 to implement this section. 

23 (e) SAVINGS CLAUSE.—Nothing in this section shall be 

24 construed to prohibit the Secretary from implementing the 

25 final rule issued on May 08, 2015, entitled ‘‘Enhanced 
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1 Tank Car Standards and Operational Controls for High2 Hazard Flammable Trains’’ (80 Fed. Reg. 26643), other 

3 than the provisions of the final rule that are inconsistent 

4 with this section. 

5 (f) CLASS 3 FLAMMABLE LIQUID DEFINED.—In this 

6 section, the term ‘‘Class 3 flammable liquid’’ has the mean7 ing given the term flammable liquid in section 173.120(a) 

8 of title 49, Code of Federal Regulations. 

9 SEC. 7016. TRACK SAFETY: VERTICAL TRACK DEFLECTION. 

10 (a) REPORT.—Not later than March 31, 2016, the Sec11 retary shall transmit a report to the Committee on Trans12 portation and Infrastructure of the House of Representa13 tives and the Committee on Commerce, Science, and Trans14 portation of the Senate detailing research conducted or pro15 cured by the Federal Railroad Administration on devel16 oping a system that measures Vertical Track Deflection (in 

17 this section referred to as ‘‘VTD’’) from a moving railroad 

18 car, including the ability of such a system to identify poor 

19 track support from fouled ballast, deteriorated cross ties, or 

20 other conditions. 

21 (b) INCLUSIONS.—This report shall include— 

22 (1) the findings and results of testing of VTD in23 strumentation during field trials on revenue service 

24 track; 
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1 (2) the findings and results of subsequent testing 

2 of VTD instrumentation on a Federal Railroad Ad3 ministration Automated Track Inspection Program 

4 geometry car; 

5 (3) if considered appropriate by the Secretary 

6 based on the report and related research, a plan for 

7 developing quantitative inspection criteria for poor 

8 track support using existing VTD instrumentation on 

9 Federal Railroad Administration Automated Track 

10 Inspection Program geometry cars; and 

11 (4) if considered appropriate by the Secretary 

12 based on the report and related research, a plan for 

13 installing VTD instrumentation on all remaining 

14 Federal Railroad Administration Automated Track 

15 Inspection Program geometry cars within 3 years 

16 after the date of enactment of this Act. 

17 SEC. 7017. MINIMUM REQUIREMENTS FOR TOP FITTINGS 

18 PROTECTION FOR CLASS DOT–117R TANK 

19 CARS. 

20 (a) PROTECTIVE HOUSING.—Except as provided in 

21 subsections (b) and (c), top fittings on DOT specification 

22 117R tank cars shall be located inside a protective housing 

not less than 1 23 ⁄2-inch in thickness and constructed of a ma24 terial having a tensile strength not less than 65 kilopound 

25 per square inch and conform to the following specifications: 
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1 (1) The protective housing shall be as tall as the 

2 tallest valve or fitting involved and the height of a 

3 valve or fitting within the protective housing must be 

4 kept to the minimum compatible with their proper 

5 operation. 

6 (2) The protective housing or cover may not re7 duce the flow capacity of the pressure relief device 

8 below the minimum required. 

9 (3) The protective housing shall provide a means 

10 of drainage with a minimum flow area equivalent to 

11 six 1-inch diameter holes. 

12 (4) When connected to the nozzle or fittings cover 

13 plate and subject to a horizontal force applied perpen14 dicular to and uniformly over the projected plane of 

15 the protective housing, the tensile connection strength 

16 of the protective housing shall be designed to be— 

17 (A) no greater than 70 percent of the nozzle 

18 to tank tensile connection strength; 

19 (B) no greater than 70 percent of the cover 

20 plate to nozzle connection strength; and 

21 (C) no less than either 40 percent of the 

22 nozzle to tank tensile connection strength or the 

shear strength of twenty 1 23 ⁄2-inch bolts. 

24 (b) PRESSURE RELIEF DEVICES.— 
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1 (1) The pressure relief device shall be located in2 side the protective housing, unless space does not per3 mit. If multiple pressure relief devices are equipped, 

4 no more than 1 may be located outside of a protective 

5 housing. 

6 (2) The highest point on any pressure relief de7 vice located outside of a protective housing may not 

8 be more than 12 inches above the tank jacket. 

9 (3) The highest point on the closure of any un10 used pressure relief device nozzle may not be more 

11 than 6 inches above the tank jacket. 

12 (c) ALTERNATIVE PROTECTION.—As an alternative to 

13 the protective housing requirements in subsection (a) of this 

14 section, the tank car may be equipped with a system that 

15 prevents the release of product from any top fitting in the 

16 case of an incident where any top fitting would be sheared 

17 off. 

18 (d) IMPLEMENTATION.—Nothing in this section shall 

19 be construed to require the Secretary to issue regulations 

20 to implement this section. 

21 (e) SAVINGS CLAUSE.—Nothing in this section shall 

22 prohibit the Secretary from approving new technologies, 

23 methods or requirements that provide a level of safety equiv24 alent to or greater than the level of safety provided for in 

25 this section. 
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1 SEC. 7018. HAZARDOUS MATERIALS ENDORSEMENT EXEMP2 TION. 

3 The Secretary shall allow a State, at the discretion of 

4 the State, to waive the requirement for a holder of a Class 

5 A commercial driver’s license to obtain a hazardous mate6 rials endorsement under part 383 of title 49, Code of Fed7 eral Regulations, if the license holder— 

8 (1) is acting within the scope of the license hold9 er’s employment as an employee of a custom harvester 

10 operation, agrichemical business, farm retail outlet 

11 and supplier, or livestock feeder; and 

12 (2) is operating a service vehicle that is— 

13 (A) transporting diesel in a quantity of 

14 3,785 liters (1,000 gallons) or less; and 

15 (B) clearly marked with a ‘‘flammable’’ or 

16 ‘‘combustible’’ placard, as appropriate. 

17 SEC. 7019. HAZARDOUS MATERIALS BY RAIL LIABILITY 

18 STUDY. 

19 (a) IN GENERAL.—Not later than 30 days after the 

20 date of enactment of this Act, the Secretary shall initiate 

21 a study on the levels and structure of insurance for a rail22 road carrier transporting hazardous materials. 

23 (b) CONTENTS.—ln conducting the study under sub24 section (a), the Secretary shall evaluate— 

25 (1) the level and structure of insurance, includ26 ing self-insurance, available in the private market 
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1 against the full liability potential for damages arising 

2 from an accident or incident involving a train trans3 porting hazardous materials; and 

4 (2) the level and structure of insurance that 

5 would be necessary and appropriate— 

6 (A) to efficiently allocate risk and financial 

7 responsibility for claims; and 

8 (B) to ensure that a railroad carrier trans9 porting hazardous materials can continue to op10 erate despite the risk of an accident or incident. 

11 (c) REPORT.—Not later than 1 year after the date the 

12 study under subsection (a) is initiated, the Secretary shall 

13 submit a report containing the results of the study and rec14 ommendations for addressing liability issues with rail 

15 transportation of hazardous materials to— 

16 (1) the Committee on Commerce, Science, and 

17 Transportation of the Senate; and 

18 (2) the Committee on Transportation and Infra19 structure of the House of Representatives. 

20 (d) DEFINITIONS.—ln this section: 

21 (1) HAZARDOUS MATERIAL.—The term ‘‘haz22 ardous material’’ means a substance or material the 

23 Secretary designates under section 5103(a) of title 49, 

24 United States Code. 
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1 (2) RAILROAD CARRIER.—The term ‘‘railroad 

2 carrier’’ has the meaning given the term in section 

3 20102 of title 49, United States Code. 

4 TITLE VIII—MULTIMODAL 

5 FREIGHT TRANSPORTATION 

6 SEC. 8001. MULTIMODAL FREIGHT TRANSPORTATION. 

7 (a) IN GENERAL.—Subtitle IX of title 49, United 

8 States Code, is amended to read as follows: 

9 ‘‘Subtitle IX—Multimodal Freight 

10 Transportation 

‘‘Chapter Sec. 

‘‘701. Multimodal freight policy ..................................................................... 70101 

‘‘702. Multimodal freight transportation planning and information ......... 70201 

11 ‘‘CHAPTER 701—MULTIMODAL FREIGHT 

12 POLICY 

‘‘Sec. 

‘‘70101. National multimodal freight policy. 

‘‘70102. National freight strategic plan. 

‘‘70103. National Multimodal Freight Network. 

13 ‘‘§ 70101. National multimodal freight policy 

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

15 States to maintain and improve the condition and perform16 ance of the National Multimodal Freight Network estab17 lished under section 70103 to ensure that the Network pro18 vides a foundation for the United States to compete in the 

19 global economy and achieve the goals described in subsection 

20 (b). 
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1 ‘‘(b) GOALS.—The goals of the national multimodal 

2 freight policy are— 

3 ‘‘(1) to identify infrastructure improvements, 

4 policies, and operational innovations that— 

5 ‘‘(A) strengthen the contribution of the Na6 tional Multimodal Freight Network to the eco7 nomic competitiveness of the United States; 

8 ‘‘(B) reduce congestion and eliminate bottle9 necks on the National Multimodal Freight Net10 work; and 

11 ‘‘(C) increase productivity, particularly for 

12 domestic industries and businesses that create 

13 high-value jobs; 

14 ‘‘(2) to improve the safety, security, efficiency, 

15 and resiliency of multimodal freight transportation; 

16 ‘‘(3) to achieve and maintain a state of good re17 pair on the National Multimodal Freight Network; 

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

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

20 National Multimodal Freight Network; 

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

22 National Multimodal Freight Network; 

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

24 movement of goods that— 
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1 ‘‘(A) travel across rural areas between pop2 ulation centers; 

3 ‘‘(B) travel between rural areas and popu4 lation centers; and 

5 ‘‘(C) travel from the Nation’s ports, air6 ports, and gateways to the National Multimodal 

7 Freight Network; 

8 ‘‘(7) to improve the flexibility of States to sup9 port multi-State corridor planning and the creation 

10 of multi-State organizations to increase the ability of 

11 States to address multimodal freight connectivity; 

12 and 

13 ‘‘(8) to reduce the adverse environmental impacts 

14 of freight movement on the National Multimodal 

15 Freight Network. 

16 ‘‘§ 70102. National freight strategic plan 

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

18 date of enactment of this section, the Secretary of Transpor19 tation shall— 

20 ‘‘(1) develop a national freight strategic plan in 

21 accordance with this section; and 

22 ‘‘(2) publish the plan on the public Internet Web 

23 site of the Department of Transportation. 

24 ‘‘(b) CONTENTS.—The national freight strategic plan 

25 shall include— 
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1 ‘‘(1) an assessment of the condition and perform2 ance of the National Multimodal Freight Network; 

3 ‘‘(2) forecasts of freight volumes for the suc4 ceeding 5-, 10-, and 20-year periods; 

5 ‘‘(3) an identification of major trade gateways 

6 and national freight corridors that connect major 

7 population centers, trade gateways, and other major 

8 freight generators; 

9 ‘‘(4) an identification of bottlenecks on the Na10 tional Multimodal Freight Network that create sig11 nificant freight congestion, based on a quantitative 

12 methodology developed by the Secretary, which shall, 

13 at a minimum, include— 

14 ‘‘(A) information from the Freight Analysis 

15 Framework of the Federal Highway Administra16 tion; and 

17 ‘‘(B) to the maximum extent practicable, an 

18 estimate of the cost of addressing each bottleneck 

19 and any operational improvements that could be 

20 implemented; 

21 ‘‘(5) an assessment of statutory, regulatory, tech22 nological, institutional, financial, and other barriers 

23 to improved freight transportation performance, and 

24 a description of opportunities for overcoming the bar25 riers; 
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1 ‘‘(6) an identification of best practices for im2 proving the performance of the National Multimodal 

3 Freight Network; 

4 ‘‘(7) a process for addressing multistate projects 

5 and encouraging jurisdictions to collaborate; and 

6 ‘‘(8) strategies to improve freight intermodal 

7 connectivity. 

8 ‘‘(c) UPDATES.—Not later than 5 years after the date 

9 of completion of the national freight strategic plan under 

10 subsection (a), and every 5 years thereafter, the Secretary 

11 shall update the plan and publish the updated plan on the 

12 public Internet Web site of the Department of Transpor13 tation. 

14 ‘‘(d) CONSULTATION.—The Secretary shall develop and 

15 update the national freight strategic plan in consultation 

16 with State departments of transportation, metropolitan 

17 planning organizations, and other appropriate public and 

18 private transportation stakeholders. 

19 ‘‘§ 70103. National Multimodal Freight Network 

20 ‘‘(a) IN GENERAL.—Not later than 180 days after the 

21 date of enactment of this section, the Secretary of Transpor22 tation shall establish the National Multimodal Freight Net23 work in accordance with this section— 

24 ‘‘(1) to focus Federal policy on the most strategic 

25 freight assets; and 
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1 ‘‘(2) to assist in strategically directing resources 

2 and policies toward improved performance of the Na3 tional Multimodal Freight Network. 

4 ‘‘(b) NETWORK COMPONENTS.—The National 

5 Multimodal Freight Network shall include— 

6 ‘‘(1) the National Highway Freight Network, as 

7 established under section 167 of title 23; 

8 ‘‘(2) the freight rail systems of Class I railroads, 

9 as designated by the Surface Transportation Board; 

10 ‘‘(3) the public ports of the United States that 

11 have total annual foreign and domestic trade of at 

12 least 2,000,000 short tons, as identified by the Water13 borne Commerce Statistics Center of the Army Corps 

14 of Engineers, using the data from the latest year for 

15 which such data is available; 

16 ‘‘(4) the inland and intracoastal waterways of 

17 the United States, as described in section 206 of the 

18 Inland Waterways Revenue Act of 1978 (33 U.S.C. 

19 1804); 

20 ‘‘(5) the Great Lakes, the St. Lawrence Seaway, 

21 and coastal routes along which domestic freight is 

22 transported; 

23 ‘‘(6) the 50 airports located in the United States 

24 with the highest annual landed weight, as identified 

25 by the Federal Aviation Administration; and 
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1 ‘‘(7) other strategic freight assets, including stra2 tegic intermodal facilities and freight rail lines of 

3 Class II and Class III railroads, designated by the 

4 Secretary as critical to interstate commerce. 

5 ‘‘(c) OTHER STRATEGIC FREIGHT ASSETS.—In deter6 mining network components in subsection (b), the Secretary 

7 may consider strategic freight assets identified by States, 

8 including public ports if such ports do not meet the annual 

9 tonnage threshold, for inclusion on the National Multimodal 

10 Freight Network. 

11 ‘‘(d) REDESIGNATION.—Not later than 5 years after 

12 the date of establishment of the National Multimodal 

13 Freight Network under subsection (a), and every 5 years 

14 thereafter, the Secretary shall update the National 

15 Multimodal Freight Network. 

16 ‘‘(e) CONSULTATION.—The Secretary shall establish 

17 and update the National Multimodal Freight Network in 

18 consultation with State departments of transportation and 

19 other appropriate public and private transportation stake20 holders. 

21 ‘‘(f) LANDED WEIGHT DEFINED.—In this section, the 

22 term ‘landed weight’ means the weight of an aircraft trans23 porting only cargo in intrastate, interstate, or foreign air 

24 transportation, as such terms are defined in section 

25 40102(a). 
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1 ‘‘CHAPTER 702—MULTIMODAL FREIGHT 

2 TRANSPORTATION PLANNING AND IN3 FORMATION 

‘‘Sec. 

‘‘70201. State freight advisory committees. 

‘‘70202. State freight plans. 

‘‘70203. Data and tools. 

4 ‘‘§ 70201. State freight advisory committees 

5 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

6 shall encourage each State to establish a freight advisory 

7 committee consisting of a representative cross-section of 

8 public and private sector freight stakeholders, including 

9 representatives of ports, freight railroads, shippers, carriers, 

10 freight-related associations, third-party logistics providers, 

11 the freight industry workforce, the transportation depart12 ment of the State, and local governments. 

13 ‘‘(b) ROLE OF COMMITTEE.—A freight advisory com14 mittee of a State described in subsection (a) shall— 

15 ‘‘(1) advise the State on freight-related priorities, 

16 issues, projects, and funding needs; 

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

18 transportation decisions affecting freight mobility; 

19 ‘‘(3) communicate and coordinate regional prior20 ities with other organizations; 

21 ‘‘(4) promote the sharing of information between 

22 the private and public sectors on freight issues; and 
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1 ‘‘(5) participate in the development of the freight 

2 plan of the State described in section 70202. 

3 ‘‘§ 70202. State freight plans 

4 ‘‘(a) IN GENERAL.—Each State shall develop a freight 

5 plan that provides a comprehensive plan for the immediate 

6 and long-range planning activities and investments of the 

7 State with respect to freight. 

8 ‘‘(b) PLAN CONTENTS.—A freight plan described in 

9 subsection (a) shall include, at a minimum— 

10 ‘‘(1) an identification of significant freight sys11 tem trends, needs, and issues with respect to the 

12 State; 

13 ‘‘(2) a description of the freight policies, strate14 gies, and performance measures that will guide the 

15 freight-related transportation investment decisions of 

16 the State; 

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

18 the ability of the State to meet the national freight 

19 goals described in section 70101; 

20 ‘‘(4) evidence of consideration of innovative tech21 nologies and operational strategies, including intel22 ligent transportation systems, that improve the safety 

23 and efficiency of freight movement; 

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

25 heavy vehicles (including mining, agricultural, energy 
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1 cargo or equipment, and timber vehicles) is projected 

2 to substantially deteriorate the condition of roadways, 

3 a description of improvements that may be required 

4 to reduce or impede the deterioration; and 

5 ‘‘(6) an inventory of facilities with freight mobil6 ity issues, such as truck bottlenecks, within the State, 

7 and a description of the strategies the State is em8 ploying to address those freight mobility issues. 

9 ‘‘(c) RELATIONSHIP TO STATE PLANS.— 

10 ‘‘(1) IN GENERAL.—A freight plan described in 

11 subsection (a) may be developed separately from or 

12 incorporated into the statewide transportation plans 

13 required by section 135 of title 23. 

14 ‘‘(2) UPDATES.—If the freight plan described in 

15 subsection (a) is developed separately from the State 

16 transportation improvement program, the freight 

17 plan shall be updated at least every 5 years. 

18 ‘‘§ 70203. Data and tools 

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

20 date of enactment of this section, the Secretary shall— 

21 ‘‘(1) begin development of new tools or improve 

22 existing tools to support an outcome-oriented, per23 formance-based approach to evaluate proposed freight24 related and other transportation projects, including— 
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1 ‘‘(A) methodologies for systematic analysis 

2 of benefits and costs; 

3 ‘‘(B) tools for ensuring that the evaluation 

4 of freight-related and other transportation 

5 projects may consider safety, economic competi6 tiveness, environmental sustainability, and sys7 tem condition in the project selection process; 

8 and 

9 ‘‘(C) other elements to assist in effective 

10 transportation planning; 

11 ‘‘(2) identify transportation-related freight travel 

12 models and model data elements to support a broad 

13 range of evaluation methods and techniques to assist 

14 in making transportation investment decisions; and 

15 ‘‘(3) at a minimum, in consultation with other 

16 relevant Federal agencies, consider any improvements 

17 to existing freight flow data collection efforts, includ18 ing improved methods to standardize and manage the 

19 data, that could reduce identified freight data gaps 

20 and deficiencies and help improve forecasts of freight 

21 transportation demand. 

22 ‘‘(b) CONSULTATION.—The Secretary shall consult 

23 with Federal, State, and other stakeholders to develop, im24 prove, and implement the tools and collect the data de25 scribed in subsection (a).’’. 
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1 (b) CLERICAL AMENDMENT.—The analysis of subtitles 

2 for title 49, United States Code, is amended by striking the 

3 item relating to subtitle IX and inserting the following: 

‘‘IX. Multimodal Freight Transportation ...................................70101’’. 

4 (c) REPEALS.—Sections 1117 and 1118 of MAP–21 

5 (Public Law 112–141), and the items relating to such sec6 tions in the table of contents in section 1(c) of such Act, 

7 are repealed. 

8 TITLE IX—NATIONAL SURFACE 

9 TRANSPORTATION AND INNO10 VATIVE FINANCE BUREAU 

11 SEC. 9001. NATIONAL SURFACE TRANSPORTATION AND IN12 NOVATIVE FINANCE BUREAU. 

13 (a) IN GENERAL.—Chapter 1 of title 49, United States 

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

15 ‘‘§ 116. National Surface Transportation and Innova16 tive Finance Bureau 

17 ‘‘(a) ESTABLISHMENT.—The Secretary of Transpor18 tation shall establish a National Surface Transportation 

19 and Innovative Finance Bureau in the Department. 

20 ‘‘(b) PURPOSES.—The purposes of the Bureau shall 

21 be— 

22 ‘‘(1) to administer the application processes for 

23 programs within the Department in accordance with 

24 subsection (d); 
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1 ‘‘(2) to promote innovative financing best prac2 tices in accordance with subsection (e); 

3 ‘‘(3) to reduce uncertainty and delays with re4 spect to environmental reviews and permitting in ac5 cordance with subsection (f); 

6 ‘‘(4) to reduce costs and risks to taxpayers in 

7 project delivery and procurement in accordance with 

8 subsection (g); and 

9 ‘‘(5) to carry out subtitle IX of this title. 

10 ‘‘(c) EXECUTIVE DIRECTOR.— 

11 ‘‘(1) APPOINTMENT.—The Bureau shall be head12 ed by an Executive Director, who shall be appointed 

13 in the competitive service by the Secretary, with the 

14 approval of the President. 

15 ‘‘(2) DUTIES.—The Executive Director shall— 

16 ‘‘(A) report to the Under Secretary of 

17 Transportation for Policy; 

18 ‘‘(B) be responsible for the management and 

19 oversight of the daily activities, decisions, oper20 ations, and personnel of the Bureau; 

21 ‘‘(C) support the Council on Credit and Fi22 nance established under section 117 in accord23 ance with this section; and 

24 ‘‘(D) carry out such additional duties as the 

25 Secretary may prescribe. 
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1 ‘‘(d) ADMINISTRATION OF CERTAIN APPLICATION

2 PROCESSES.— 

3 ‘‘(1) IN GENERAL.—The Bureau shall administer 

4 the application processes for the following programs: 

5 ‘‘(A) The infrastructure finance programs 

6 authorized under chapter 6 of title 23. 

7 ‘‘(B) The railroad rehabilitation and im8 provement financing program authorized under 

9 sections 501 through 503 of the Railroad Revital10 ization and Regulatory Reform Act of 1976 (45 

11 U.S.C. 821–823). 

12 ‘‘(C) Amount allocations authorized under 

13 section 142(m) of the Internal Revenue Code of 

14 1986. 

15 ‘‘(D) The nationally significant freight and 

16 highway projects program under section 117 of 

17 title 23. 

18 ‘‘(2) CONGRESSIONAL NOTIFICATION.—The Sec19 retary shall ensure that the congressional notification 

20 requirements for each program referred to in para21 graph (1) are followed in accordance with the statu22 tory provisions applicable to the program. 

23 ‘‘(3) REPORTS.—The Secretary shall ensure that 

24 the reporting requirements for each program referred 
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1 to in paragraph (1) are followed in accordance with 

2 the statutory provisions applicable to the program. 

3 ‘‘(4) COORDINATION.—In administering the ap4 plication processes for the programs referred to in 

5 paragraph (1), the Executive Director of the Bureau 

6 shall coordinate with appropriate officials in the De7 partment and its modal administrations responsible 

8 for administering such programs. 

9 ‘‘(5) STREAMLINING APPROVAL PROCESSES.—Not 

10 later than 1 year after the date of enactment of this 

11 section, the Secretary shall submit to the Committee 

12 on Transportation and Infrastructure of the House of 

13 Representatives and the Committee on Commerce, 

14 Science, and Transportation, the Committee on Bank15 ing, Housing, and Urban Affairs, and the Committee 

16 on Environment and Public Works of the Senate a re17 port that— 

18 ‘‘(A) evaluates the application processes for 

19 the programs referred to in paragraph (1); 

20 ‘‘(B) identifies administrative and legisla21 tive actions that would improve the efficiency of 

22 the application processes without diminishing 

23 Federal oversight; and 

24 ‘‘(C) describes how the Secretary will imple25 ment administrative actions identified under 
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1 subparagraph (B) that do not require an Act of 

2 Congress. 

3 ‘‘(6) PROCEDURES AND TRANSPARENCY.— 

4 ‘‘(A) PROCEDURES.—The Secretary shall, 

5 with respect to the programs referred to in para6 graph (1)— 

7 ‘‘(i) establish procedures for analyzing 

8 and evaluating applications and for uti9 lizing the recommendations of the Council 

10 on Credit and Finance; 

11 ‘‘(ii) establish procedures for address12 ing late-arriving applications, as applica13 ble, and communicating the Bureau’s deci14 sions for accepting or rejecting late applica15 tions to the applicant and the public; and 

16 ‘‘(iii) document major decisions in the 

17 application evaluation process through a 

18 decision memorandum or similar mecha19 nism that provides a clear rationale for 

20 such decisions. 

21 ‘‘(B) REVIEW.— 

22 ‘‘(i) IN GENERAL.—The Comptroller 

23 General of the United States shall review 

24 the compliance of the Secretary with the re25 quirements of this paragraph. 
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1 ‘‘(ii) RECOMMENDATIONS.—The Comp2 troller General may make recommendations 

3 to the Secretary in order to improve compli4 ance with the requirements of this para5 graph. 

6 ‘‘(iii) REPORT.—Not later than 3 

7 years after the date of enactment of this sec8 tion, the Comptroller General shall submit 

9 to the Committee on Transportation and 

10 Infrastructure of the House of Representa11 tives and the Committee on Environment 

12 and Public Works and the Committee on 

13 Commerce, Science, and Transportation of 

14 the Senate a report on the results of the re15 view conducted under clause (i), including 

16 findings and recommendations for improve17 ment. 

18 ‘‘(e) INNOVATIVE FINANCING BEST PRACTICES.— 

19 ‘‘(1) IN GENERAL.—The Bureau shall work with 

20 the modal administrations within the Department, 

21 the States, and other public and private interests to 

22 develop and promote best practices for innovative fi23 nancing and public-private partnerships. 

24 ‘‘(2) ACTIVITIES.—The Bureau shall carry out 

25 paragraph (1)— 
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1 ‘‘(A) by making Federal credit assistance 

2 programs more accessible to eligible recipients; 

3 ‘‘(B) by providing advice and expertise to 

4 State and local governments that seek to leverage 

5 public and private funding; 

6 ‘‘(C) by sharing innovative financing best 

7 practices and case studies from State and local 

8 governments with other State and local govern9 ments that are interested in utilizing innovative 

10 financing methods; and 

11 ‘‘(D) by developing and monitoring— 

12 ‘‘(i) best practices with respect to 

13 standardized State public-private partner14 ship authorities and practices, including 

15 best practices related to— 

16 ‘‘(I) accurate and reliable as17 sumptions for analyzing public-private 

18 partnership procurements; 

19 ‘‘(II) procedures for the handling 

20 of unsolicited bids; 

21 ‘‘(III) policies with respect to 

22 noncompete clauses; and 

23 ‘‘(IV) other significant terms of 

24 public-private partnership procure-
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1 ments, as determined appropriate by 

2 the Bureau; 

3 ‘‘(ii) standard contracts for the most 

4 common types of public-private partner5 ships for transportation facilities; and 

6 ‘‘(iii) analytical tools and other tech7 niques to aid State and local governments 

8 in determining the appropriate project de9 livery model, including a value for money 

10 analysis. 

11 ‘‘(3) TRANSPARENCY.—The Bureau shall— 

12 ‘‘(A) ensure transparency of a project re13 ceiving credit assistance under a program identi14 fied in subsection (d)(1) and procured as a pub15 lic-private partnership by— 

16 ‘‘(i) requiring the project sponsor of 

17 such project to undergo a value for money 

18 analysis or a comparable analysis prior to 

19 deciding to advance the project as a public20 private partnership; 

21 ‘‘(ii) requiring the analysis required 

22 under subparagraph (A) and other key 

23 terms of the relevant public-private partner24 ship agreement, to be made publicly avail-
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1 able by the project sponsor at an appro2 priate time; 

3 ‘‘(iii) not later than 3 years after the 

4 completion of the project, requiring the 

5 project sponsor of such project to conduct a 

6 review regarding whether the private part7 ner is meeting the terms of the relevant pub8 lic private partnership agreement for the 

9 project; and 

10 ‘‘(iv) providing a publicly available 

11 summary of the total level of Federal assist12 ance in such project; and 

13 ‘‘(B) develop guidance to implement this 

14 paragraph that takes into consideration vari15 ations in State and local laws and requirements 

16 related to public-private partnerships. 

17 ‘‘(4) SUPPORT TO PROJECTS SPONSORS.—At the 

18 request of a State or local government, the Bureau 

19 shall provide technical assistance to the State or local 

20 government regarding proposed public-private part21 nership agreements for transportation facilities, in22 cluding assistance in performing a value for money 

23 analysis or comparable analysis. 

24 ‘‘(5) FIXED GUIDEWAY TRANSIT PROCEDURES

25 REPORT.—Not later than 1 year after the date of en-
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1 actment of this section, the Secretary shall submit to 

2 the Committee on Transportation and Infrastructure 

3 of the House of Representatives and the Committee on 

4 Banking, Housing, and Urban Affairs of the Senate 

5 a report that— 

6 ‘‘(A) evaluates the differences between tradi7 tional design-bid-build, design-build, and public8 private partnership procurements for projects 

9 carried out under the fixed guideway capital in10 vestment program authorized under section 5309; 

11 ‘‘(B) identifies, for project procured as pub12 lic-private partnerships whether the review and 

13 approval process under the program requires 

14 modification to better suit the unique nature of 

15 such procurements; and 

16 ‘‘(C) describes how the Secretary will imple17 ment any administrative actions identified 

18 under subparagraph (B) that do not require an 

19 Act of Congress. 

20 ‘‘(f) ENVIRONMENTAL REVIEW AND PERMITTING.— 

21 ‘‘(1) IN GENERAL.—The Bureau shall take such 

22 actions as are appropriate and consistent with the 

23 goals and policies set forth in this title and title 23, 

24 including with the concurrence of other Federal agen-
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1 cies as required under this title and title 23, to im2 prove delivery timelines for projects. 

3 ‘‘(2) ACTIVITIES.—The Bureau shall carry out 

4 paragraph (1)— 

5 ‘‘(A) by serving as the Department’s liaison 

6 to the Council on Environmental Quality; 

7 ‘‘(B) by coordinating Department-wide ef8 forts to improve the efficiency and effectiveness of 

9 the environmental review and permitting proc10 ess; 

11 ‘‘(C) by coordinating Department efforts 

12 under section 139 of title 23; 

13 ‘‘(D) by supporting modernization efforts at 

14 Federal agencies to achieve innovative ap15 proaches to the permitting and review of 

16 projects; 

17 ‘‘(E) by providing technical assistance and 

18 training to field and headquarters staff of Fed19 eral agencies on policy changes and innovative 

20 approaches to the delivery of projects; 

21 ‘‘(F) by identifying, developing, and track22 ing metrics for permit reviews and decisions by 

23 Federal agencies for projects under the National 

24 Environmental Policy Act of 1969; and 
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1 ‘‘(G) by administering and expanding the 

2 use of Internet-based tools providing for— 

3 ‘‘(i) the development and posting of 

4 schedules for permit reviews and permit de5 cisions for projects; and 

6 ‘‘(ii) the sharing of best practices re7 lated to efficient permitting and reviews for 

8 projects. 

9 ‘‘(3) SUPPORT TO PROJECT SPONSORS.—At the 

10 request of a State or local government, the Bureau, in 

11 coordination with the other appropriate modal agen12 cies within the Department, shall provide technical 

13 assistance with regard to the compliance of a project 

14 sponsored by the State or local government with the 

15 requirements of the National Environmental Policy 

16 Act 1969 and relevant Federal environmental per17 mits. 

18 ‘‘(g) PROJECT PROCUREMENT.— 

19 ‘‘(1) IN GENERAL.—The Bureau shall promote 

20 best practices in procurement for a project receiving 

21 assistance under a program identified in subsection 

22 (d)(1) by developing, in coordination with the Federal 

23 Highway Administration and other modal agencies as 

24 appropriate, procurement benchmarks in order to en-
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1 sure accountable expenditure of Federal assistance 

2 over the life cycle of such project. 

3 ‘‘(2) PROCUREMENT BENCHMARKS.—The pro4 curement benchmarks developed under paragraph (1) 

5 shall, to the maximum extent practicable— 

6 ‘‘(A) establish maximum thresholds for ac7 ceptable project cost increases and delays in 

8 project delivery; 

9 ‘‘(B) establish uniform methods for States to 

10 measure cost and delivery changes over the life 

11 cycle of a project; and 

12 ‘‘(C) be tailored, as necessary, to various 

13 types of project procurements, including design14 bid-build, design-build, and public private part15 nerships. 

16 ‘‘(h) ELIMINATION AND CONSOLIDATION OF DUPLICA17 TIVE OFFICES.— 

18 ‘‘(1) ELIMINATION OF OFFICES.—The Secretary 

19 may eliminate any office within the Department if 

20 the Secretary determines that the purposes of the of21 fice are duplicative of the purposes of the Bureau, and 

22 the elimination of such office shall not adversely affect 

23 the obligations of the Secretary under any Federal 

24 law. 
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1 ‘‘(2) CONSOLIDATION OF OFFICES.—The Sec2 retary may consolidate any office within the Depart3 ment into the Bureau that the Secretary determines 

4 has duties, responsibilities, resources, or expertise that 

5 support the purposes of the Bureau. 

6 ‘‘(3) STAFFING AND BUDGETARY RESOURCES.— 

7 ‘‘(A) IN GENERAL.—The Secretary shall en8 sure that the Bureau is adequately staffed and 

9 funded. 

10 ‘‘(B) STAFFING.—The Secretary may trans11 fer to the Bureau a position within the Depart12 ment from any office that is eliminated or con13 solidated under this subsection if the Secretary 

14 determines that the position is necessary to carry 

15 out the purposes of the Bureau. 

16 ‘‘(C) BUDGETARY RESOURCES.— 

17 ‘‘(i) TRANSFER OF FUNDS FROM ELIMI18 NATED OR CONSOLIDATED OFFICES.—The 

19 Secretary may transfer to the Bureau funds 

20 allocated to any office that is eliminated or 

21 consolidated under this subsection to carry 

22 out the purposes of the Bureau. 

23 ‘‘(ii) TRANSFER OF FUNDS ALLOCATED

24 TO ADMINISTRATIVE COSTS.—The Secretary 

25 shall transfer to the Bureau funds allocated 
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1 to the administrative costs of processing ap2 plications for the programs referred to in 

3 subsection (d)(1). 

4 ‘‘(4) REPORT.—Not later than 180 days after the 

5 date of enactment of this section, the Secretary shall 

6 submit to the Committee on Transportation and In7 frastructure of the House of Representatives and the 

8 Committee on Environment and Public Works and 

9 the Committee on Commerce, Science, and Transpor10 tation of the Senate a report that— 

11 ‘‘(A) lists the offices eliminated under para12 graph (1) and provides the rationale for elimi13 nation of the offices; 

14 ‘‘(B) lists the offices consolidated under 

15 paragraph (2) and provides the rationale for 

16 consolidation of the offices; and 

17 ‘‘(C) describes the actions taken under para18 graph (3) and provides the rationale for taking 

19 such actions. 

20 ‘‘(i) SAVINGS PROVISIONS.— 

21 ‘‘(1) LAWS AND REGULATIONS.—Nothing in this 

22 section may be construed to change a law or regula23 tion with respect to a program referred to in sub24 section (d)(1). 
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1 ‘‘(2) RESPONSIBILITIES.—Nothing in this section 

2 may be construed to abrogate the responsibilities of 

3 an agency, operating administration, or office within 

4 the Department otherwise charged by a law or regula5 tion with other aspects of program administration, 

6 oversight, and project approval or implementation for 

7 the programs and projects subject to this section. 

8 ‘‘(j) DEFINITIONS.—In this section, the following defi9 nitions apply: 

10 ‘‘(1) BUREAU.—The term ‘Bureau’ means the 

11 National Surface Transportation and Innovative Fi12 nance Bureau of the Department. 

13 ‘‘(2) DEPARTMENT.—The term ‘Department’ 

14 means the Department of Transportation. 

15 ‘‘(3) MULTIMODAL PROJECT.—The term 

16 ‘multimodal project’ means a project involving the 

17 participation of more than one modal administration 

18 or secretarial office within the Department. 

19 ‘‘(4) PROJECT.—The term ‘project’ means a 

20 highway project, public transportation capital 

21 project, freight or passenger rail project, or 

22 multimodal project.’’. 

23 (b) CLERICAL AMENDMENT.—The analysis for such 

24 chapter is amended by adding at the end the following: 

‘‘116. National Surface Transportation and Innovative Finance Bureau.’’. 
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1 SEC. 9002. COUNCIL ON CREDIT AND FINANCE. 

2 (a) IN GENERAL.—Chapter 1 of title 49, United States 

3 Code, as amended by this Act, is further amended by adding 

4 at the end the following: 

5 ‘‘§ 117. Council on Credit and Finance 

6 ‘‘(a) ESTABLISHMENT.—The Secretary of Transpor7 tation shall establish a Council on Credit and Finance in 

8 accordance with this section. 

9 ‘‘(b) MEMBERSHIP.— 

10 ‘‘(1) IN GENERAL.—The Council shall be com11 posed of the following members: 

12 ‘‘(A) The Under Secretary of Transpor13 tation for Policy. 

14 ‘‘(B) The Chief Financial Officer and As15 sistant Secretary for Budget and Programs. 

16 ‘‘(C) The General Counsel of the Depart17 ment of Transportation. 

18 ‘‘(D) The Assistant Secretary for Transpor19 tation Policy. 

20 ‘‘(E) The Administrator of the Federal 

21 Highway Administration. 

22 ‘‘(F) The Administrator of the Federal 

23 Transit Administration. 

24 ‘‘(G) The Administrator of the Federal 

25 Railroad Administration. 
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1 ‘‘(2) ADDITIONAL MEMBERS.—The Secretary 

2 may designate up to 3 additional officials of the De3 partment to serve as at-large members of the Council. 

4 ‘‘(3) CHAIRPERSON AND VICE CHAIRPERSON.— 

5 ‘‘(A) CHAIRPERSON.—The Under Secretary 

6 of Transportation for Policy shall serve as the 

7 chairperson of the Council. 

8 ‘‘(B) VICE CHAIRPERSON.—The Chief Fi9 nancial Officer and Assistant Secretary for 

10 Budget and Programs shall serve as the vice 

11 chairperson of the Council. 

12 ‘‘(4) EXECUTIVE DIRECTOR.—The Executive Di13 rector of the National Surface Transportation and In14 novative Finance Bureau shall serve as a nonvoting 

15 member of the Council. 

16 ‘‘(c) DUTIES.—The Council shall— 

17 ‘‘(1) review applications for assistance submitted 

18 under the programs referred to in section 116(d)(1); 

19 ‘‘(2) make recommendations to the Secretary re20 garding the selection of projects to receive assistance 

21 under the programs referred to in section 116(d)(1); 

22 ‘‘(3) review, on a regular basis, projects that re23 ceived assistance under the programs referred to in 

24 section 116(d)(1); and 
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1 ‘‘(4) carry out such additional duties as the Sec2 retary may prescribe.’’. 

3 (b) CLERICAL AMENDMENT.—The analysis for such 

4 chapter is further amended by adding at the end the fol5 lowing: 

‘‘117. Council on Credit and Finance.’’. 

6 TITLE X—SPORT FISH RESTORA7 TION AND RECREATIONAL 

8 BOATING SAFETY 

9 SEC. 10001. ALLOCATIONS. 

10 (a) AUTHORIZATION.—Section 3 of the Dingell-John11 son Sport Fish Restoration Act (16 U.S.C. 777b) is amend12 ed by striking ‘‘57 percent’’ and inserting ‘‘58.012 percent’’. 

13 (b) IN GENERAL.—Section 4 of the Dingell-Johnson 

14 Sport Fish Restoration Act (16 U.S.C. 777c) is amended— 

15 (1) in subsection (a)— 

16 (A) in the matter preceding paragraph 

17 (1)— 

18 (i) by striking ‘‘For each’’ and all that 

19 follows through ‘‘the balance’’ and inserting 

20 ‘‘For each fiscal year through fiscal year 

21 2021, the balance’’; and 

22 (ii) by striking ‘‘multistate conserva23 tion grants under section 14’’ and inserting 

24 ‘‘activities under section 14(e)’’; 
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1 (B) in paragraph (1), by striking ‘‘18.5 

2 percent’’ and inserting ‘‘18.673 percent’’; 

3 (C) in paragraph (2) by striking ‘‘18.5 per4 cent’’ and inserting ‘‘17.315 percent’’; 

5 (D) by striking paragraphs (3) and (4); 

6 (E) by redesignating paragraph (5) as 

7 paragraph (4); and 

8 (F) by inserting after paragraph (2) the fol9 lowing: 

10 ‘‘(3) BOATING INFRASTRUCTURE IMPROVE11 MENT.— 

12 ‘‘(A) IN GENERAL.—An amount equal to 4 

13 percent to the Secretary of the Interior for quali14 fied projects under section 5604(c) of the Clean 

15 Vessel Act of 1992 (33 U.S.C. 1322 note) and 

16 section 7404(d) of the Sportfishing and Boating 

17 Safety Act of 1998 (16 U.S.C. 777g–1(d)). 

18 ‘‘(B) LIMITATION.—Not more than 75 per19 cent of the amount under subparagraph (A) shall 

20 be available for projects under either of the sec21 tions referred to in subparagraph (A).’’; 

22 (2) in subsection (b)— 

23 (A) in paragraph (1)(A) by striking ‘‘for 

24 each’’ and all that follows through ‘‘the Sec-
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1 retary’’ and inserting ‘‘for each fiscal year 

2 through fiscal year 2021, the Secretary’’; 

3 (B) by redesignating paragraph (2) as 

4 paragraph (3); 

5 (C) by inserting after paragraph (1) the fol6 lowing: 

7 ‘‘(2) SET-ASIDE FOR COAST GUARD ADMINISTRA8 TION.— 

9 ‘‘(A) IN GENERAL.—From the annual ap10 propriation made in accordance with section 3, 

11 for each of fiscal years 2016 through 2021, the 

12 Secretary of the department in which the Coast 

13 Guard is operating may use no more than the 

14 amount specified in subparagraph (B) for the 

15 fiscal year for the purposes set forth in section 

16 13107(c) of title 46, United States Code. The 

17 amount specified in subparagraph (B) for a fis18 cal year may not be included in the amount of 

19 the annual appropriation distributed under sub20 section (a) for the fiscal year. 

21 ‘‘(B) AVAILABLE AMOUNTS.—The available 

22 amount referred to in subparagraph (A) is— 

23 ‘‘(i) for fiscal year 2016, $7,300,000; 

24 ‘‘(ii) for fiscal year 2017, $7,400,000; 

25 ‘‘(iii) for fiscal year 2018, $7,500,000; 
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1 ‘‘(iv) for fiscal year 2019, $7,600,000; 

2 ‘‘(v) for fiscal year 2020, $7,700,000; 

3 and 

4 ‘‘(vi) for fiscal year 2021, 

5 $7,800,000.’’; and 

6 (D) in paragraph (3), as so redesignated— 

7 (i) in subparagraph (A), by striking 

8 ‘‘until the end of the fiscal year.’’ and in9 serting ‘‘until the end of the subsequent fis10 cal year.’’; and 

11 (ii) in subparagraph (B) by striking 

12 ‘‘under subsection (e)’’ and inserting ‘‘under 

13 subsection (c)’’; 

14 (3) in subsection (c)— 

15 (A) by striking ‘‘(c) The Secretary’’ and in16 serting ‘‘(c)(1) The Secretary,’’; 

17 (B) by striking ‘‘grants under section 14 of 

18 this title’’ and inserting ‘‘activities under section 

19 14(e)’’; 

20 (C) by striking ‘‘57 percent’’ and inserting 

21 ‘‘58.012 percent’’; and 

22 (D) by adding at the end the following: 

23 ‘‘(2) The Secretary shall deduct from the amount to 

24 be apportioned under paragraph (1) the amounts used for 

25 grants under section 14(a).’’; and 
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1 (4) in subsection (e)(1), by striking ‘‘those sub2 sections,’’ and inserting ‘‘those paragraphs,’’. 

3 (c) SUBMISSION AND APPROVAL OF PLANS AND

4 PROJECTS.—Section 6(d) of the Dingell-Johnson Sport 

5 Fish Restoration Act (16 U.S.C. 777e(d)) is amended by 

6 striking ‘‘for appropriations’’ and inserting ‘‘from appro7 priations’’. 

8 (d) UNEXPENDED OR UNOBLIGATED FUNDS.—Section 

9 8(b)(2) of the Dingell-Johnson Sport Fish Restoration Act 

10 (16 U.S.C. 777g(b)(2)) is amended by striking ‘‘57 percent’’ 

11 and inserting ‘‘58.012 percent’’. 

12 (e) COOPERATION.—Section 12 of the Dingell-Johnson 

13 Sport Fish Restoration Act (16 U.S.C. 777k) is amended— 

14 (1) by striking ‘‘57 percent’’ and inserting 

15 ‘‘58.012 percent’’; and 

16 (2) by striking ‘‘under section 4(b)’’ and insert17 ing ‘‘under section 4(c)’’. 

18 (f) OTHER ACTIVITIES.—Section 14 of the Dingell19 Johnson Sport Fish Restoration Act (16 U.S.C. 777m) is 

20 amended— 

21 (1) in subsection (a)(1), by striking ‘‘of each an22 nual appropriation made in accordance with the pro23 visions of section 3’’; and 

24 (2) in subsection (e)— 
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1 (A) in the matter preceding paragraph (1) 

2 by striking ‘‘Of amounts made available under 

3 section 4(b) for each fiscal year—’’ and inserting 

4 ‘‘Not more than $1,200,000 of each annual ap5 propriation made in accordance with the provi6 sions of section 3 shall be distributed to the Sec7 retary of the Interior for use as follows:’’; and 

8 (B) in paragraph (1)(D) by striking ‘‘; 

9 and’’ and inserting a period. 

10 (g) REPEAL.—The Dingell-Johnson Sport Fish Res11 toration Act (16 U.S.C. 777 et seq.) is amended— 

12 (1) by striking section 15; and 

13 (2) by redesignating section 16 as section 15. 

14 SEC. 10002. RECREATIONAL BOATING SAFETY. 

15 Section 13107 of title 46, United States Code, is 

16 amended— 

17 (1) in subsection (a)— 

18 (A) by striking ‘‘(1) Subject to paragraph 

19 (2) and subsection (c),’’ and inserting ‘‘Subject 

20 to subsection (c),’’; 

21 (B) by striking ‘‘the sum of (A) the amount 

22 made available from the Boat Safety Account for 

23 that fiscal year under section 15 of the Dingell24 Johnson Sport Fish Restoration Act and (B)’’; 

25 and 
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1 (C) by striking paragraph (2); and 

2 (2) in subsection (c)— 

3 (A) by striking the subsection designation 

4 and paragraph (1) and inserting the following: 

5 ‘‘(c)(1)(A) The Secretary may use amounts made 

6 available each fiscal year under section 4(b)(2) of the Din7 gell-Johnson Sport Fish Restoration Act (16 U.S.C. 

8 777c(b)(2)) for payment of expenses of the Coast Guard for 

9 investigations, personnel, and activities directly related 

10 to— 

11 ‘‘(i) administering State recreational boating 

12 safety programs under this chapter; or 

13 ‘‘(ii) coordinating or carrying out the national 

14 recreational boating safety program under this title. 

15 ‘‘(B) Of the amounts used by the Secretary each fiscal 

16 year under subparagraph (A)— 

17 ‘‘(i) not less than $2,000,000 is available to en18 sure compliance with chapter 43 of this title; and 

19 ‘‘(ii) not more than $1,500,000 is available to 

20 conduct a survey of levels of recreational boating par21 ticipation and related matters in the United States.’’; 

22 and 

23 (B) in paragraph (2)— 
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1 (i) by striking ‘‘No funds’’ and insert2 ing ‘‘On and after October 1, 2016, no 

3 funds’’; and 

4 (ii) by striking ‘‘traditionally’’. 

5 DIVISION B—COMPREHENSIVE 

6 TRANSPORTATION AND CON7 SUMER PROTECTION ACT OF 

8 2015 

9 TITLE XXIV—HIGHWAY AND 

10 MOTOR VEHICLE SAFETY 

11 Subtitle A—Vehicle Safety 

12 SEC. 24101. AUTHORIZATION OF APPROPRIATIONS. 

13 (a) IN GENERAL.—Subject to subsection (b), there is 

14 authorized to be appropriated to the Secretary to carry out 

15 chapter 301 of title 49, and part C of subtitle VI of title 

16 49, United States Code, amounts as follows: 

17 (1) $132,730,000 for fiscal year 2016. 

18 (2) $135,517,330 for fiscal year 2017. 

19 (3) $138,363,194 for fiscal year 2018. 

20 (4) $141,268,821 for fiscal year 2019. 

21 (5) $144,235,466 for fiscal year 2020. 

22 (6) $147,264,411 for fiscal year 2021. 

23 (b) ADDITIONAL AUTHORIZATION OF APPROPRIATIONS

24 IF A CERTIFICATION IS MADE.— 
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1 (1) IN GENERAL.—In addition to the amounts 

2 authorized to be appropriated under subsection (a) to 

3 carry out chapter 301 of title 49, and part C of sub4 title VI of title 49, United States Code, if the certifi5 cation described in paragraph (2) is made during a 

6 fiscal year there is authorized to be appropriated to 

7 the Secretary for that purpose for that fiscal year and 

8 subsequent fiscal years an additional amount as fol9 lows: 

10 (A) $31,270,000 for fiscal year 2016. 

11 (B) $36,537,670 for fiscal year 2017. 

12 (C) $42,296,336 for fiscal year 2018. 

13 (D) $47,999,728 for fiscal year 2019. 

14 (E) $54,837,974 for fiscal year 2020. 

15 (F) $61,656,407 for fiscal year 2021. 

16 (2) CERTIFICATION DESCRIBED.—The certifi17 cation described in this paragraph is a certification 

18 made by the Secretary and submitted to Congress that 

19 the National Highway Traffic Safety Administration 

20 has implemented all of the recommendations in the 

21 Office of Inspector General Audit Report issued June 

22 18, 2015 (ST–2015–063). As part of the certification, 

23 the Secretary shall review the actions the National 

24 Highway Traffic Safety Administration has taken to 

25 implement the recommendations and issue a report to 
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1 Congress detailing how the recommendations were im2 plemented. The Secretary shall not delegate or assign 

3 the responsibility under this paragraph. 

4 SEC. 24102. INSPECTOR GENERAL RECOMMENDATIONS. 

5 (a) IN GENERAL.—Not later than 90 days after the 

6 date of enactment of this Act, and periodically thereafter 

7 until the completion date, the Department of Transpor8 tation Inspector General shall report to the appropriate 

9 committees of Congress on whether and what progress has 

10 been made to implement the recommendations in the Office 

11 of Inspector General Audit Report issued June 18, 2015 

12 (ST–2015–063). 

13 (b) IMPLEMENTATION PROGRESS.—The Administrator 

14 of the National Highway Traffic Safety Administration 

15 shall— 

16 (1) not later than 90 days after the date of en17 actment of this Act, and periodically thereafter until 

18 the completion date, provide a briefing to the appro19 priate committees of Congress on the actions the Ad20 ministrator has taken to implement the recommenda21 tions in the audit report described in subsection (a), 

22 including a plan for implementing any remaining 

23 recommendations; and 

24 (2) not later than 1 year after the date of enact25 ment of this Act, issue a final report to the appro-
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1 priate committees of Congress on the implementation 

2 of all of the recommendations in the audit report de3 scribed in subsection (a). 

4 (c) DEFINITIONS.—In this section: 

5 (1) APPROPRIATE COMMITTEES OF CONGRESS.— 

6 The term ‘‘appropriate committees of Congress’’ 

7 means the Committee on Commerce, Science, and 

8 Transportation of the Senate and the Committee on 

9 Energy and Commerce of the House of Representa10 tives. 

11 (2) COMPLETION DATE.—The term ‘‘completion 

12 date’’ means the date that the National Highway 

13 Traffic Safety Administration has implemented all of 

14 the recommendations in the Office of Inspector Gen15 eral Audit Report issued June 18, 2015 (ST–2015– 

16 063). 

17 SEC. 24103. IMPROVEMENTS IN AVAILABILITY OF RECALL 

18 INFORMATION. 

19 (a) VEHICLE RECALL INFORMATION.—Not later than 

20 2 years after the date of enactment of this Act, the Secretary 

21 shall implement current information technology, web design 

22 trends, and best practices that will help ensure that motor 

23 vehicle safety recall information available to the public on 

24 the Federal website is readily accessible and easy to use, 

25 including— 
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1 (1) by improving the organization, availability, 

2 readability, and functionality of the website; 

3 (2) by accommodating high-traffic volume; and 

4 (3) by establishing best practices for scheduling 

5 routine website maintenance. 

6 (b) GOVERNMENT ACCOUNTABILITY OFFICE PUBLIC

7 AWARENESS REPORT.— 

8 (1) IN GENERAL.—The Comptroller General shall 

9 study the current use by consumers, dealers, and 

10 manufacturers of the safety recall information made 

11 available to the public, including the usability and 

12 content of the Federal and manufacturers’ websites 

13 and the National Highway Traffic Safety Adminis14 tration’s efforts to publicize and educate consumers 

15 about safety recall information. 

16 (2) REPORT.—Not later than 2 years after the 

17 date of enactment of this Act, the Comptroller General 

18 shall issue a report with the findings of the study 

19 under paragraph (1), including recommending any 

20 actions the Secretary can take to improve public 

21 awareness and use of the websites for safety recall in22 formation. 

23 (c) PROMOTION OF PUBLIC AWARENESS.—Section 

24 31301(c) of the Moving Ahead for Progress in the 21st Cen-
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1 tury Act (49 U.S.C. 30166 note) is amended to read as fol2 lows: 

3 ‘‘(c) PROMOTION OF PUBLIC AWARENESS.—The Sec4 retary shall improve public awareness of safety recall infor5 mation made publicly available by periodically updating 

6 the method of conveying that information to consumers, 

7 dealers, and manufacturers, such as through public service 

8 announcements.’’. 

9 (d) CONSUMER GUIDANCE.—Not later than 1 year 

10 after the date of enactment of this Act, the Secretary shall 

11 make available to the public on the Internet detailed guid12 ance for consumers submitting safety complaints, includ13 ing— 

14 (1) a detailed explanation of what information 

15 a consumer should include in a complaint; and 

16 (2) a detailed explanation of the possible actions 

17 the National Highway Traffic Safety Administration 

18 can take to address a complaint and respond to the 

19 consumer, including information on— 

20 (A) the consumer records, such as photo21 graphs and police reports, that could assist with 

22 an investigation; and 

23 (B) the length of time a consumer should re24 tain the records described in subparagraph (A). 

25 (e) VIN SEARCH.— 
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1 (1) IN GENERAL.—The Secretary, in coordina2 tion with industry, including manufacturers and 

3 dealers, shall study— 

4 (A) the feasibility of searching multiple ve5 hicle identification numbers at a time to retrieve 

6 motor vehicle safety recall information; and 

7 (B) the feasibility of making the search 

8 mechanism described under subparagraph (A) 

9 publicly available. 

10 (2) CONSIDERATIONS.—In conducting the study 

11 under paragraph (1), the Secretary shall consider the 

12 potential costs, and potential risks to privacy and se13 curity in implementing such a search mechanism. 

14 SEC. 24104. RECALL PROCESS. 

15 (a) NOTIFICATION IMPROVEMENT.— 

16 (1) IN GENERAL.—Not later than 270 days after 

17 the date of enactment of this Act, the Secretary shall 

18 prescribe a final rule revising the regulations under 

19 section 577.7 of title 49, Code of Federal Regulations, 

20 to include notification by electronic means in addi21 tion to notification by first class mail. 

22 (2) DEFINITION OF ELECTRONIC MEANS.—In this 

23 subsection, the term ‘‘electronic means’’ includes elec24 tronic mail and may include such other means of 

25 electronic notification, such as social media or tar-
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1 geted online campaigns, as determined by the Sec2 retary. 

3 (b) NOTIFICATION BY MANUFACTURER.—Section 

4 30118(c) is amended by inserting ‘‘or electronic mail’’ after 

5 ‘‘certified mail’’. 

6 (c) RECALL COMPLETION RATES REPORT.— 

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

8 the date of enactment of this Act, and biennially 

9 thereafter for 4 years, the Secretary shall— 

10 (A) conduct an analysis of vehicle safety re11 call completion rates to assess potential actions 

12 by the National Highway Traffic Safety Admin13 istration to improve vehicle safety recall comple14 tion rates; and 

15 (B) submit to the Committee on Commerce, 

16 Science, and Transportation of the Senate and 

17 the Committee on Energy and Commerce of the 

18 House of Representatives a report on the results 

19 of the analysis. 

20 (2) CONTENTS.—Each report shall include— 

21 (A) the annual recall completion rate by 

22 manufacturer, model year, component (such as 

23 brakes, fuel systems, and air bags), and vehicle 

24 type (passenger car, sport utility vehicle, pas-
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1 senger van, and pick-up truck) for each of the 5 

2 years before the year the report is submitted; 

3 (B) the methods by which the Secretary has 

4 conducted analyses of these recall completion 

5 rates to determine trends and identify risk fac6 tors associated with lower recall rates; and 

7 (C) the actions the Secretary has planned to 

8 improve recall completion rates based on the re9 sults of this data analysis. 

10 (d) INSPECTOR GENERAL AUDIT OF VEHICLE RE11 CALLS.— 

12 (1) IN GENERAL.—The Department of Transpor13 tation Inspector General shall conduct an audit of the 

14 National Highway Traffic Safety Administration’s 

15 management of vehicle safety recalls. 

16 (2) CONTENTS.—The audit shall include a deter17 mination of whether the National Highway Traffic 

18 Safety Administration— 

19 (A) appropriately monitors recalls to ensure 

20 the appropriateness of scope and adequacy of re21 call completion rates and remedies; 

22 (B) ensures manufacturers provide safe 

23 remedies, at no cost to consumers; 

24 (C) is capable of coordinating recall rem25 edies and processes; and 
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1 (D) can improve its policy on consumer no2 tice to combat effects of recall fatigue. 

3 SEC. 24105. PILOT GRANT PROGRAM FOR STATE NOTIFICA4 TION TO CONSUMERS OF MOTOR VEHICLE 

5 RECALL STATUS. 

6 (a) IN GENERAL.—Not later than October 1, 2016, the 

7 Secretary shall implement a 2-year pilot program to evalu8 ate the feasibility and effectiveness of a State process for 

9 informing consumers of open motor vehicle recalls at the 

10 time of motor vehicle registration in the State. 

11 (b) GRANTS.—To carry out this program, the Sec12 retary may make a grant to each eligible State, but not 

13 more than 6 eligible States in total, that agrees to comply 

14 with the requirements under subsection (c). Funds made 

15 available to a State under this section shall be used by the 

16 State for the pilot program described in subsection (a). 

17 (c) ELIGIBILITY.—To be eligible for a grant, a State 

18 shall— 

19 (1) submit an application in such form and 

20 manner as the Secretary prescribes; 

21 (2) agree to notify, at the time of registration, 

22 each owner or lessee of a motor vehicle presented for 

23 registration in the State of any open recall on that 

24 vehicle; 
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1 (3) provide the open motor vehicle recall infor2 mation at no cost to each owner or lessee of a motor 

3 vehicle presented for registration in the State; and 

4 (4) provide such other information as the Sec5 retary may require. 

6 (d) AWARDS.—In selecting an applicant for an award 

7 under this section, the Secretary shall consider the State’s 

8 methodology for determining open recalls on a motor vehi9 cle, for informing consumers of the open recalls, and for 

10 determining performance. 

11 (e) PERFORMANCE PERIOD.—Each grant awarded 

12 under this section shall require a 2-year performance pe13 riod. 

14 (f) REPORT.—Not later than 90 days after the comple15 tion of the performance period under subsection (e), a 

16 grantee shall provide to the Secretary a report of perform17 ance containing such information as the Secretary con18 siders necessary to evaluate the extent to which open recalls 

19 have been remedied. 

20 (g) EVALUATION.—Not later than 180 days after the 

21 completion of the pilot program, the Secretary shall evalu22 ate the extent to which open recalls identified have been 

23 remedied. 

24 (h) DEFINITIONS.—In this section: 
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1 (1) CONSUMER.—The term ‘‘consumer’’ includes 

2 owner and lessee. 

3 (2) MOTOR VEHICLE.—The term ‘‘motor vehicle’’ 

4 has the meaning given the term under section 

5 30102(a) of title 49, United States Code. 

6 (3) OPEN RECALL.—The term ‘‘open recall’’ 

7 means a recall for which a notification by a manufac8 turer has been provided under section 30119 of title 

9 49, United States Code, and that has not been rem10 edied under section 30120 of that title. 

11 (4) REGISTRATION.—The term ‘‘registration’’ 

12 means the process for registering motor vehicles in the 

13 State. 

14 (5) STATE.—The term ‘‘State’’ has the meaning 

15 given the term under section 101(a) of title 23, 

16 United States Code. 

17 SEC. 24106. RECALL OBLIGATIONS UNDER BANKRUPTCY. 

18 Section 30120A is amended by striking ‘‘chapter 11 

19 of title 11,’’ and inserting ‘‘chapter 7 or chapter 11 of title 

20 11’’. 

21 SEC. 24107. DEALER REQUIREMENT TO CHECK FOR OPEN 

22 RECALL. 

23 Section 30120(f) is amended— 

24 (1) by inserting ‘‘(1) IN GENERAL.—’’ before ‘‘A 

25 manufacturer’’ and indenting appropriately; 
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1 (2) in paragraph (1), as redesignated, by strik2 ing the period at the end and inserting the following: 

3 ‘‘if— 

4 ‘‘(A) at the time of providing service for 

5 each of the manufacturer’s motor vehicles it serv6 ices, the dealer notifies the owner or the indi7 vidual requesting the service of any open recall; 

8 and 

9 ‘‘(B) the notification requirement under 

10 subparagraph (A) is specified in a franchise, op11 erating, or other agreement between the dealer 

12 and the manufacturer.’’; and 

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

14 ‘‘(2) DEFINITION OF OPEN RECALL.—In this sub15 section, the term ‘open recall’ means a recall for 

16 which a notification by a manufacturer has been pro17 vided under section 30119 and that has not been rem18 edied under this section.’’. 

19 SEC. 24108. EXTENSION OF TIME PERIOD FOR REMEDY OF 

20 TIRE DEFECTS. 

21 Section 30120(b) of title 49, United States Code, is 

22 amended— 

23 (1) in paragraph (1), by striking ‘‘60 days’’ and 

24 inserting ‘‘180 days’’; and 
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1 (2) in paragraph (2), by striking ‘‘60-day’’ each 

2 place it appears and inserting ‘‘180-day’’. 

3 SEC. 24109. RENTAL CAR SAFETY. 

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

5 ‘‘Raechel and Jacqueline Houck Safe Rental Car Act of 

6 2015’’. 

7 (b) DEFINITIONS.—Section 30102(a) is amended— 

8 (1) by redesignating paragraphs (10) and (11) 

9 as paragraphs (12) and (13), respectively; 

10 (2) by redesignating paragraphs (1) through (9) 

11 as paragraphs (2) through (10), respectively; 

12 (3) by inserting before paragraph (2), as redesig13 nated, the following: 

14 ‘‘(1) ‘covered rental vehicle’ means a motor vehi15 cle that— 

16 ‘‘(A) has a gross vehicle weight rating of 

17 10,000 pounds or less; 

18 ‘‘(B) is rented without a driver for an ini19 tial term of less than 4 months; and 

20 ‘‘(C) is part of a motor vehicle fleet of 5 or 

21 more motor vehicles that are used for rental pur22 poses by a rental company.’’; and 

23 (4) by inserting after paragraph (10), as redesig24 nated, the following: 

25 ‘‘(11) ‘rental company’ means a person who— 
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1 ‘‘(A) is primarily engaged in the business of 

2 renting covered rental vehicles; and 

3 ‘‘(B) uses for rental purposes a motor vehi4 cle fleet of 5 or more covered rental vehicles.’’. 

5 (c) REMEDIES FOR DEFECTS AND NONCOMPLIANCE.— 

6 Section 30120(i) is amended— 

7 (1) in the subsection heading, by adding ‘‘, OR

8 RENTAL’’ at the end; 

9 (2) in paragraph (1)— 

10 (A) by striking ‘‘(1) If notification’’ and in11 serting the following: 

12 ‘‘(1) IN GENERAL.—If notification’’; 

13 (B) by indenting subparagraphs (A) and 

14 (B) four ems from the left margin; 

15 (C) by inserting ‘‘or the manufacturer has 

16 provided to a rental company notification about 

17 a covered rental vehicle in the company’s posses18 sion at the time of notification’’ after ‘‘time of 

19 notification’’; 

20 (D) by striking ‘‘the dealer may sell or 

21 lease,’’ and inserting ‘‘the dealer or rental com22 pany may sell, lease, or rent’’; and 

23 (E) in subparagraph (A), by striking ‘‘sale 

24 or lease’’ and inserting ‘‘sale, lease, or rental 

25 agreement’’; 
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1 (3) by amending paragraph (2) to read as fol2 lows: 

3 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in this 

4 subsection may be construed to prohibit a dealer or 

5 rental company from offering the vehicle or equip6 ment for sale, lease, or rent.’’; and 

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

8 ‘‘(3) SPECIFIC RULES FOR RENTAL COMPA9 NIES.— 

10 ‘‘(A) IN GENERAL.—Except as otherwise 

11 provided under this paragraph, a rental com12 pany shall comply with the limitations on sale, 

13 lease, or rental set forth in subparagraph (C) 

14 and paragraph (1) as soon as practicable, but 

15 not later than 24 hours after the earliest receipt 

16 of the notice to owner under subsection (b) or (c) 

17 of section 30118 (including the vehicle identifica18 tion number for the covered vehicle) by the rental 

19 company, whether by electronic means or first 

20 class mail. 

21 ‘‘(B) SPECIAL RULE FOR LARGE VEHICLE

22 FLEETS.—Notwithstanding subparagraph (A), if 

23 a rental company receives a notice to owner cov24 ering more than 5,000 motor vehicles in its fleet, 

25 the rental company shall comply with the limi-
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1 tations on sale, lease, or rental set forth in sub2 paragraph (C) and paragraph (1) as soon as 

3 practicable, but not later than 48 hours after the 

4 earliest receipt of the notice to owner under sub5 section (b) or (c) of section 30118 (including the 

6 vehicle identification number for the covered ve7 hicle) by the rental company, whether by elec8 tronic means or first class mail. 

9 ‘‘(C) SPECIAL RULE FOR WHEN REMEDIES

10 NOT IMMEDIATELY AVAILABLE.—If a notification 

11 required under subsection (b) or (c) of section 

12 30118 indicates that the remedy for the defect or 

13 noncompliance is not immediately available and 

14 specifies actions to temporarily alter the vehicle 

15 that eliminate the safety risk posed by the defect 

16 or noncompliance, the rental company, after 

17 causing the specified actions to be performed, 

18 may rent (but may not sell or lease) the motor 

19 vehicle. Once the remedy for the rental vehicle be20 comes available to the rental company, the rental 

21 company may not rent the vehicle until the vehi22 cle has been remedied, as provided in subsection 

23 (a). 

24 ‘‘(D) INAPPLICABILITY TO JUNK AUTO25 MOBILES.—Notwithstanding paragraph (1), this 
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1 subsection does not prohibit a rental company 

2 from selling a covered rental vehicle if such vehi3 cle— 

4 ‘‘(i) meets the definition of a junk 

5 automobile under section 201 of the Anti6 Car Theft Act of 1992 (49 U.S.C. 30501); 

7 ‘‘(ii) is retitled as a junk automobile 

8 pursuant to applicable State law; and 

9 ‘‘(iii) is reported to the National Motor 

10 Vehicle Information System, if required 

11 under section 204 of such Act (49 U.S.C. 

12 30504).’’. 

13 (d) MAKING SAFETY DEVICES AND ELEMENTS INOP14 ERATIVE.—Section 30122(b) is amended by inserting ‘‘rent15 al company,’’ after ‘‘dealer,’’ each place such term appears. 

16 (e) INSPECTIONS, INVESTIGATIONS, AND RECORDS.— 

17 Section 30166 is amended— 

18 (1) in subsection (c)(2), by striking ‘‘or dealer’’ 

19 each place such term appears and inserting ‘‘dealer, 

20 or rental company’’; 

21 (2) in subsection (e), by striking ‘‘or dealer’’ each 

22 place such term appears and inserting ‘‘dealer, or 

23 rental company’’; and 

24 (3) in subsection (f), by striking ‘‘or to owners’’ 

25 and inserting ‘‘, rental companies, or other owners’’. 
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1 (f) RESEARCH AUTHORITY.—The Secretary of Trans2 portation may conduct a study of— 

3 (1) the effectiveness of the amendments made by 

4 this section; and 

5 (2) other activities of rental companies (as de6 fined in section 30102(a)(11) of title 49, United 

7 States Code) related to their use and disposition of 

8 motor vehicles that are the subject of a notification re9 quired under section 30118 of title 49, United States 

10 Code. 

11 (g) STUDY.— 

12 (1) ADDITIONAL REQUIREMENT.—Section 

13 32206(b)(2) of the Moving Ahead for Progress in the 

14 21st Century Act (Public Law 112–141; 126 Stat. 

15 785) is amended— 

16 (A) in subparagraph (E), by striking ‘‘and’’ 

17 at the end; 

18 (B) by redesignating subparagraph (F) as 

19 subparagraph (G); and 

20 (C) by inserting after subparagraph (E) the 

21 following: 

22 ‘‘(F) evaluate the completion of safety recall 

23 remedies on rental trucks; and’’. 

24 (2) REPORT.—Section 32206(c) of such Act is 

25 amended— 
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1 (A) by redesignating paragraphs (1) and 

2 (2) as subparagraphs (A) and (B), respectively; 

3 (B) by striking ‘‘REPORT.—Not later’’ and 

4 inserting the following: 

5 ‘‘(c) REPORTS.— 

6 ‘‘(1) INITIAL REPORT.—Not later’’; 

7 (C) in paragraph (1), by striking ‘‘sub8 section (b)’’ and inserting ‘‘subparagraphs (A) 

9 through (E) and (G) of subsection (b)(2)’’; and 

10 (D) by adding at the end the following: 

11 ‘‘(2) SAFETY RECALL REMEDY REPORT.—Not 

12 later than 1 year after the date of the enactment of 

13 the ‘Raechel and Jacqueline Houck Safe Rental Car 

14 Act of 2015’, the Secretary shall submit a report to 

15 the congressional committees set forth in paragraph 

16 (1) that contains— 

17 ‘‘(A) the findings of the study conducted 

18 pursuant to subsection (b)(2)(F); and 

19 ‘‘(B) any recommendations for legislation 

20 that the Secretary determines to be appro21 priate.’’. 

22 (h) PUBLIC COMMENTS.—The Secretary shall solicit 

23 comments regarding the implementation of this section from 

24 members of the public, including rental companies, con-
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1 sumer organizations, automobile manufacturers, and auto2 mobile dealers. 

3 (i) RULE OF CONSTRUCTION.—Nothing in this section 

4 or the amendments made by this section— 

5 (1) may be construed to create or increase any 

6 liability, including for loss of use, for a manufacturer 

7 as a result of having manufactured or imported a 

8 motor vehicle subject to a notification of defect or 

9 noncompliance under subsection (b) or (c) of section 

10 30118 of title 49, United States Code; or 

11 (2) shall supersede or otherwise affect the con12 tractual obligations, if any, between such a manufac13 turer and a rental company (as defined in section 

14 30102(a) of title 49, United States Code). 

15 (j) RULEMAKING.—The Secretary may promulgate 

16 rules, as appropriate, to implement this section and the 

17 amendments made by this section. 

18 (k) EFFECTIVE DATE.—The amendments made by this 

19 section shall take effect on the date that is 180 days after 

20 the date of enactment of this Act. 

21 SEC. 24110. INCREASE IN CIVIL PENALTIES FOR VIOLA22 TIONS OF MOTOR VEHICLE SAFETY. 

23 (a) INCREASE IN CIVIL PENALTIES.—Section 30165(a) 

24 is amended— 

25 (1) in paragraph (1)— 
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1 (A) by striking ‘‘$5,000’’ and inserting 

2 ‘‘$21,000’’; and 

3 (B) by striking ‘‘$35,000,000’’ and inserting 

4 ‘‘$105,000,000’’; and 

5 (2) in paragraph (3)— 

6 (A) by striking ‘‘$5,000’’ and inserting 

7 ‘‘$21,000’’; and 

8 (B) by striking ‘‘$35,000,000’’ and inserting 

9 ‘‘$105,000,000’’. 

10 (b) EFFECTIVE DATE.—The amendments made by sub11 section (a) of this section take effect on the date that the 

12 Secretary certifies to Congress that the National Highway 

13 Traffic Safety Administration has issued the final rule re14 quired by section 31203(b) of the Moving Ahead for Progress 

15 In the 21st Century Act (Public Law 112–141; 126 Stat. 

16 758; 49 U.S.C. 30165 note). 

17 (c) PUBLICATION OF EFFECTIVE DATE.—The Sec18 retary shall publish notice of the effective date under sub19 section (b) of this section in the Federal Register. 

20 SEC. 24111. ELECTRONIC ODOMETER DISCLOSURES. 

21 Section 32705(g) is amended— 

22 (1) by inserting ‘‘(1)’’ before ‘‘Not later than’’ 

23 and indenting appropriately; and 

24 (2) by adding at the end the following: 
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1 ‘‘(2) Notwithstanding paragraph (1) and subject 

2 to paragraph (3), a State, without approval from the 

3 Secretary under subsection (d), may allow for written 

4 disclosures or notices and related matters to be pro5 vided electronically if— 

6 ‘‘(A) in compliance with— 

7 ‘‘(i) the requirements of subchapter 1 of 

8 chapter 96 of title 15; or 

9 ‘‘(ii) the requirements of a State law 

10 under section 7002(a) of title 15; and 

11 ‘‘(B) the disclosures or notices otherwise 

12 meet the requirements under this section, includ13 ing appropriate authentication and security 

14 measures. 

15 ‘‘(3) Paragraph (2) ceases to be effective on the 

16 date the regulations under paragraph (1) become ef17 fective.’’. 

18 SEC. 24112. CORPORATE RESPONSIBILITY FOR NHTSA RE19 PORTS. 

20 Section 30166(o) is amended— 

21 (1) in paragraph (1), by striking ‘‘may’’ and in22 serting ‘‘shall’’; and 

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

24 ‘‘(3) DEADLINE.—Not later than 1 year after the 

25 date of enactment of the Comprehensive Transpor-
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1 tation and Consumer Protection Act of 2015, the Sec2 retary shall issue a final rule under paragraph (1).’’. 

3 SEC. 24113. DIRECT VEHICLE NOTIFICATION OF RECALLS. 

4 (a) RECALL NOTIFICATION REPORT.—Not later than 

5 1 year after the date of enactment of this Act, the Secretary 

6 shall issue a report on the feasibility of a technical system 

7 that would operate in each new motor vehicle to indicate 

8 when the vehicle is subject to an open recall. 

9 (b) DEFINITION OF OPEN RECALL.—In this section the 

10 term ‘‘open recall’’ means a recall for which a notification 

11 by a manufacturer has been provided under section 30119 

12 of title 49, United States Code, and that has not been rem13 edied under section 30120 of that title. 

14 SEC. 24114. UNATTENDED CHILDREN WARNING. 

15 Section 31504(a) of the Moving Ahead for Progress in 

16 the 21st Century Act (49 U.S.C. 30111 note) is amended 

17 by striking ‘‘may’’ and inserting ‘‘shall’’. 

18 SEC. 24115. TIRE PRESSURE MONITORING SYSTEM. 

19 (a) PROPOSED RULE.—Not later than 1 year after the 

20 date of enactment of this Act, the Secretary shall publish 

21 a proposed rule that updates the standards pertaining to 

22 tire pressure monitoring systems to ensure that a tire pres23 sure monitoring system that is installed in a new motor 

24 vehicle after the effective date of the revised standards can25 not, to a level other than a safe pressure level, be— 
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1 (1) overridden; 

2 (2) reset; or 

3 (3) recalibrated. 

4 (b) SAFE PRESSURE LEVEL.—For the purposes of sub5 section (a), the term ‘‘safe pressure level’’ shall mean a pres6 sure level consistent with the TPMS detection requirements 

7 contained in S4.2(a) of section 571.138 of title 49, Code 

8 of Federal Regulations, or any corresponding similar regu9 lation or ruling. 

10 (c) FINAL RULE.—Not later than 2 years after the date 

11 of enactment of this Act, after providing the public with 

12 sufficient opportunity for notice and comment on the pro13 posed rule published under subsection (a), the Secretary 

14 shall issue a final rule on the subject described in subsection 

15 (a). 

16 SEC. 24116. AVAILABILITY OF CERTAIN INFORMATION ON 

17 MOTOR VEHICLE EQUIPMENT. 

18 Section 30118 of title 49, United States Code, is 

19 amended by adding at the end the following: 

20 ‘‘(f) INFORMATION ON DEFECTIVE OR NONCOMPLIANT

21 PARTS.— 

22 ‘‘(1) PROVISION OF INFORMATION BY SUP23 PLIERS.—A supplier of parts that are determined to 

24 be defective or noncompliant by the Secretary under 

25 subsection (a) or (b) shall identify all parts that are 
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1 subject to the recall and provide to the Secretary and 

2 each affected manufacturer, not later than 3 business 

3 days after receiving notification of the determination, 

4 for each affected part— 

5 ‘‘(A) all part names; 

6 ‘‘(B) all part numbers; and 

7 ‘‘(C) a description of the part. 

8 ‘‘(2) PROVISION OF INFORMATION BY MANUFAC9 TURERS.—Upon receipt of notification of a deter10 mination by the Secretary under subsection (a) or (b) 

11 or notification from a supplier of parts under para12 graph (1), a manufacturer of motor vehicles shall— 

13 ‘‘(A) identify the vehicle identification num14 ber for each affected vehicle; and 

15 ‘‘(B) not later than 5 business days after re16 ceiving such notification, provide to the Sec17 retary, in a searchable format determined by the 

18 Secretary— 

19 ‘‘(i) the vehicle identification numbers 

20 identified under subparagraph (A); and 

21 ‘‘(ii) the specific part names, numbers, 

22 and descriptions used by the manufacturer 

23 for all affected parts the sale or lease of 

24 which is prohibited by section 30120(j). 
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1 ‘‘(3) AVAILABILITY OF INFORMATION ON THE

2 INTERNET.—In the case of information provided by a 

3 manufacturer under paragraph (2)(B), the Secretary 

4 shall make such information available, or require the 

5 manufacturer to make such information available, on 

6 an Internet website that may be accessed by any per7 son who sells or leases motor vehicle equipment for 

8 purposes of assisting such person in complying with 

9 section 30120(j). Such information shall be made 

10 available in real-time or near-real-time as provided 

11 under paragraph (2)(B) and at no cost to the person 

12 obtaining access. 

13 ‘‘(g) INFORMATION ON ORIGINAL EQUIPMENT.—Not 

14 later than July 31, 2016, a manufacturer of motor vehicles 

15 shall make available on an Internet website information 

16 about the original equipment contained in such vehicles, 

17 which shall include— 

18 ‘‘(1) all parts or component numbers for such 

19 equipment; and 

20 ‘‘(2) specific part names and descriptions associ21 ated with each manufacturer vehicle identification 

22 number.’’. 
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1 Subtitle B—Research and Develop2 ment and Vehicle Electronics 

3 SEC. 24201. REPORT ON OPERATIONS OF THE COUNCIL FOR 

4 VEHICLE ELECTRONICS, VEHICLE SOFTWARE, 

5 AND EMERGING TECHNOLOGIES. 

6 Not later than 1 year after the date of enactment of 

7 this Act, the Secretary shall submit to the Committee on 

8 Commerce, Science, and Transportation of the Senate and 

9 the Committee on Energy and Commerce of the House of 

10 Representatives a report regarding the operations of the 

11 Council for Vehicle Electronics, Vehicle Software, and 

12 Emerging Technologies established under section 31401 of 

13 the Moving Ahead for Progress in the 21st Century Act (49 

14 U.S.C. 105 note). The report shall include information 

15 about the accomplishments of the Council, the role of the 

16 Council in integrating and aggregating electronic and 

17 emerging technologies expertise across the National High18 way Traffic Safety Administration, the role of the Council 

19 in coordinating with other Federal agencies, and the prior20 ities of the Council over the next 5 years. 

21 SEC. 24202. COOPERATION WITH FOREIGN GOVERNMENTS. 

22 (a) TITLE 49 AMENDMENT.—Section 30182(b) is 

23 amended— 

24 (1) in paragraph (4), by striking ‘‘; and’’ and 

25 inserting a semicolon; 
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1 (2) in paragraph (5), by striking the period at 

2 the end and inserting ‘‘; and’’; and 

3 (3) by inserting after paragraph (5) the fol4 lowing: 

5 ‘‘(6) in coordination with Department of State, 

6 enter into cooperative agreements and collaborative 

7 research and development agreements with foreign 

8 governments.’’. 

9 (b) TITLE 23 AMENDMENT.—Section 403 of title 23, 

10 United States Code, is amended— 

11 (1) in subsection (b)(2)(C), by inserting ‘‘foreign 

12 government (in coordination with the Department of 

13 State)’’ after ‘‘institution,’’; and 

14 (2) in subsection (c)(1)(A), by inserting ‘‘foreign 

15 governments,’’ after ‘‘local governments,’’. 

16 (c) AUDIT.—The Department of Transportation In17 spector General shall conduct an audit of the Secretary of 

18 Transportation’s management and oversight of cooperative 

19 agreements and collaborative research and development 

20 agreements, including any cooperative agreements between 

21 the Secretary of Transportation and foreign governments 

22 under section 30182(b)(6) of title 49, United States Code, 

23 and subsections (b)(2)(C) and (c)(1)(A) of title 23, United 

24 States Code. 
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1 Subtitle C—Miscellaneous 

2 Provisions 

3 PART I—DRIVER PRIVACY ACT OF 2015 

4 SEC. 24301. SHORT TITLE. 

5 This part may be cited as the ‘‘Driver Privacy Act 

6 of 2015’’. 

7 SEC. 24302. LIMITATIONS ON DATA RETRIEVAL FROM VEHI8 CLE EVENT DATA RECORDERS. 

9 (a) OWNERSHIP OF DATA.—Any data retained by an 

10 event data recorder (as defined in section 563.5 of title 49, 

11 Code of Federal Regulations), regardless of when the motor 

12 vehicle in which it is installed was manufactured, is the 

13 property of the owner, or, in the case of a leased vehicle, 

14 the lessee of the motor vehicle in which the event data re15 corder is installed. 

16 (b) PRIVACY.—Data recorded or transmitted by an 

17 event data recorder described in subsection (a) may not be 

18 accessed by a person other than an owner or a lessee of the 

19 motor vehicle in which the event data recorder is installed 

20 unless— 

21 (1) a court or other judicial or administrative 

22 authority having jurisdiction— 

23 (A) authorizes the retrieval of the data; and 

24 (B) to the extent that there is retrieved 

25 data, the data is subject to the standards for ad-
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1 mission into evidence required by that court or 

2 other administrative authority; 

3 (2) an owner or a lessee of the motor vehicle pro4 vides written, electronic, or recorded audio consent to 

5 the retrieval of the data for any purpose, including 

6 the purpose of diagnosing, servicing, or repairing the 

7 motor vehicle, or by agreeing to a subscription that 

8 describes how data will be retrieved and used; 

9 (3) the data is retrieved pursuant to an inves10 tigation or inspection authorized under section 

11 1131(a) or 30166 of title 49, United States Code, and 

12 the personally identifiable information of an owner or 

13 a lessee of the vehicle and the vehicle identification 

14 number is not disclosed in connection with the re15 trieved data, except that the vehicle identification 

16 number may be disclosed to the certifying manufac17 turer; 

18 (4) the data is retrieved for the purpose of deter19 mining the need for, or facilitating, emergency med20 ical response in response to a motor vehicle crash; or 

21 (5) the data is retrieved for traffic safety re22 search, and the personally identifiable information of 

23 an owner or a lessee of the vehicle and the vehicle 

24 identification number is not disclosed in connection 

25 with the retrieved data. 
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1 SEC. 24303. VEHICLE EVENT DATA RECORDER STUDY. 

2 (a) IN GENERAL.—Not later than 1 year after the date 

3 of enactment of this Act, the Administrator of the National 

4 Highway Traffic Safety Administration shall submit to 

5 Congress a report that contains the results of a study con6 ducted by the Administrator to determine the amount of 

7 time event data recorders installed in passenger motor vehi8 cles should capture and record for retrieval vehicle-related 

9 data in conjunction with an event in order to provide suffi10 cient information to investigate the cause of motor vehicle 

11 crashes. 

12 (b) RULEMAKING.—Not later than 2 years after sub13 mitting the report required under subsection (a), the Ad14 ministrator of the National Highway Traffic Safety Ad15 ministration shall promulgate regulations to establish the 

16 appropriate period during which event data recorders in17 stalled in passenger motor vehicles may capture and record 

18 for retrieval vehicle-related data to the time necessary to 

19 provide accident investigators with vehicle-related informa20 tion pertinent to crashes involving such motor vehicles. 

21 PART II—SAFETY THROUGH INFORMED 

22 CONSUMERS ACT OF 2015 

23 SEC. 24321. SHORT TITLE. 

24 This part may be cited as the ‘‘Safety Through In25 formed Consumers Act of 2015’’. 
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1 SEC. 24322. PASSENGER MOTOR VEHICLE INFORMATION. 

2 Section 32302 is amended by inserting after subsection 

3 (b) the following: 

4 ‘‘(c) CRASH AVOIDANCE.—Not later than 1 year after 

5 the date of enactment of the Safety Through Informed Con6 sumers Act of 2015, the Secretary shall promulgate a rule 

7 to ensure that crash avoidance information is indicated 

8 next to crashworthiness information on stickers placed on 

9 motor vehicles by their manufacturers.’’. 

10 PART III—TIRE EFFICIENCY, SAFETY, AND 

11 REGISTRATION ACT OF 2015 

12 SEC. 24331. SHORT TITLE. 

13 This part may be cited as the ‘‘Tire Efficiency, Safety, 

14 and Registration Act of 2015’’ or the ‘‘TESR Act’’. 

15 SEC. 24332. TIRE FUEL EFFICIENCY MINIMUM PERFORM16 ANCE STANDARDS. 

17 Section 32304A is amended— 

18 (1) in the section heading, by inserting ‘‘AND

19 STANDARDS’’ after ‘‘CONSUMER TIRE INFORMA20 TION’’; 

21 (2) in subsection (a)— 

22 (A) in the heading, by striking ‘‘RULE23 MAKING’’ and inserting ‘‘CONSUMER TIRE IN24 FORMATION’’; and 
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1 (B) in paragraph (1), by inserting ‘‘(re2 ferred to in this section as the ‘Secretary’)’’ after 

3 ‘‘Secretary of Transportation’’; 

4 (3) by redesignating subsections (b) through (e) 

5 as subsections (e) though (h), respectively; and 

6 (4) by inserting after subsection (a) the fol7 lowing: 

8 ‘‘(b) PROMULGATION OF REGULATIONS FOR TIRE

9 FUEL EFFICIENCY MINIMUM PERFORMANCE STANDARDS.— 

10 ‘‘(1) IN GENERAL.—The Secretary, after con11 sultation with the Secretary of Energy and the Ad12 ministrator of the Environmental Protection Agency, 

13 shall promulgate regulations for tire fuel efficiency 

14 minimum performance standards for— 

15 ‘‘(A) passenger car tires with a maximum 

16 speed capability equal to or less than 149 miles 

17 per hour or 240 kilometers per hour; and 

18 ‘‘(B) passenger car tires with a maximum 

19 speed capability greater than 149 miles per hour 

20 or 240 kilometers per hour. 

21 ‘‘(2) TIRE FUEL EFFICIENCY MINIMUM PERFORM22 ANCE STANDARDS.— 

23 ‘‘(A) STANDARD BASIS AND TEST PROCE24 DURES.—The minimum performance standards 

25 promulgated under paragraph (1) shall be ex-
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1 pressed in terms of the rolling resistance coeffi2 cient measured using the test procedure specified 

3 in section 575.106 of title 49, Code of Federal 

4 Regulations (as in effect on the date of enact5 ment of this Act). 

6 ‘‘(B) NO DISPARATE EFFECT ON HIGH PER7 FORMANCE TIRES.—The Secretary shall ensure 

8 that the minimum performance standards pro9 mulgated under paragraph (1) will not have a 

10 disproportionate effect on passenger car high 

11 performance tires with a maximum speed capa12 bility greater than 149 miles per hour or 240 

13 kilometers per hour. 

14 ‘‘(C) APPLICABILITY.— 

15 ‘‘(i) IN GENERAL.—This subsection ap16 plies to new pneumatic tires for use on pas17 senger cars. 

18 ‘‘(ii) EXCEPTIONS.—This subsection 

19 does not apply to light truck tires, deep 

20 tread tires, winter-type snow tires, space21 saver or temporary use spare tires, or tires 

22 with nominal rim diameters of 12 inches or 

23 less. 

24 ‘‘(c) PROMULGATION OF REGULATIONS FOR TIRE WET

25 TRACTION MINIMUM PERFORMANCE STANDARDS.— 
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1 ‘‘(1) IN GENERAL.—The Secretary shall promul2 gate regulations for tire wet traction minimum per3 formance standards to ensure that passenger tire wet 

4 traction capability is not reduced to achieve improved 

5 tire fuel efficiency. 

6 ‘‘(2) TIRE WET TRACTION MINIMUM PERFORM7 ANCE STANDARDS.— 

8 ‘‘(A) BASIS OF STANDARD.—The minimum 

9 performance standards promulgated under para10 graph (1) shall be expressed in terms of peak co11 efficient of friction. 

12 ‘‘(B) TEST PROCEDURES.—Any test proce13 dure promulgated under this subsection shall be 

14 consistent with any test procedure promulgated 

15 under subsection (a). 

16 ‘‘(C) BENCHMARKING.—The Secretary shall 

17 conduct testing to benchmark the wet traction 

18 performance of tire models available for sale in 

19 the United States as of the date of enactment of 

20 this Act to ensure that the minimum perform21 ance standards promulgated under paragraph 

22 (1) are tailored to— 

23 ‘‘(i) tires sold in the United States; 

24 and 
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1 ‘‘(ii) the needs of consumers in the 

2 United States. 

3 ‘‘(D) APPLICABILITY.— 

4 ‘‘(i) IN GENERAL.—This subsection ap5 plies to new pneumatic tires for use on pas6 senger cars. 

7 ‘‘(ii) EXCEPTIONS.—This subsection 

8 does not apply to light truck tires, deep 

9 tread tires, winter-type snow tires, space10 saver or temporary use spare tires, or tires 

11 with nominal rim diameters of 12 inches or 

12 less. 

13 ‘‘(d) COORDINATION AMONG REGULATIONS.— 

14 ‘‘(1) COMPATIBILITY.—The Secretary shall en15 sure that the test procedures and requirements pro16 mulgated under subsections (a), (b), and (c) are com17 patible and consistent. 

18 ‘‘(2) COMBINED EFFECT OF RULES.—The Sec19 retary shall evaluate the regulations promulgated 

20 under subsections (b) and (c) to ensure that compli21 ance with the minimum performance standards pro22 mulgated under subsection (b) will not diminish wet 

23 traction performance of affected tires. 

24 ‘‘(3) RULEMAKING DEADLINES.—The Secretary 

25 shall promulgate— 
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1 ‘‘(A) the regulations under subsections (b) 

2 and (c) not later than 24 months after the date 

3 of enactment of this Act; and 

4 ‘‘(B) the regulations under subsection (c) 

5 not later than the date of promulgation of the 

6 regulations under subsection (b).’’. 

7 SEC. 24333. TIRE REGISTRATION BY INDEPENDENT SELL8 ERS. 

9 Section 30117(b) is amended by striking paragraph 

10 (3) and inserting the following: 

11 ‘‘(3) RULEMAKING.— 

12 ‘‘(A) IN GENERAL.—The Secretary shall ini13 tiate a rulemaking to require a distributor or 

14 dealer of tires that is not owned or controlled by 

15 a manufacturer of tires to maintain records of— 

16 ‘‘(i) the name and address of tire pur17 chasers and lessors and information identi18 fying the tire that was purchased or leased; 

19 and 

20 ‘‘(ii) any additional records the Sec21 retary considers appropriate. 

22 ‘‘(B) ELECTRONIC TRANSMISSION.—The 

23 rulemaking carried out under subparagraph (A) 

24 shall require a distributor or dealer of tires that 

25 is not owned or controlled by a manufacturer of 
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1 tires to electronically transmit the records de2 scribed in clauses (i) and (ii) of subparagraph 

3 (A) to the manufacturer of the tires or the des4 ignee of the manufacturer by secure means at no 

5 cost to tire purchasers or lessors. 

6 ‘‘(C) SATISFACTION OF REQUIREMENTS.—A 

7 regulation promulgated under subparagraph (A) 

8 may be considered to satisfy the requirements of 

9 paragraph (2)(B).’’. 

10 SEC. 24334. TIRE RECALL DATABASE. 

11 (a) IN GENERAL.—The Secretary shall establish a pub12 licly available and searchable electronic database of tire re13 call information that is reported to the Administrator of 

14 the National Highway Traffic Safety Administration. 

15 (b) TIRE IDENTIFICATION NUMBER.—The database es16 tablished under subsection (a) shall be searchable by Tire 

17 Identification Number (TIN) and any other criteria that 

18 assists consumers in determining whether a tire is subject 

19 to a recall. 

20 PART IV—ALTERNATIVE FUEL VEHICLES 

21 SEC. 24341. REGULATION PARITY FOR ELECTRIC AND NAT22 URAL GAS VEHICLES. 

23 (a) IN GENERAL.—In promulgating regulations, the 

24 Administrator of the Environmental Protection Adminis25 tration shall ensure that any preference or incentive pro-
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1 vided to an electric vehicle is also provided to a natural 

2 gas vehicle. 

3 (b) REVISION OF EXISTING REGULATIONS.—Not later 

4 than 180 days after the date of enactment of this Act, the 

5 Administrator shall revise any regulations of the Adminis6 trator in existence as of that date concerning electric vehi7 cles as necessary to ensure that the regulations conform to 

8 subsection (a). 

9 Subtitle D—Additional Motor 

10 Vehicle Provisions 

11 SEC. 24401. REQUIRED REPORTING OF NHTSA AGENDA. 

12 Not later than December 1 of the year beginning after 

13 the date of enactment of this Act, and each year thereafter, 

14 the Administrator of the National Highway Traffic Safety 

15 Administration shall publish on the public website of the 

16 Administration, and file with the Committee on Energy 

17 and Commerce of the House of Representatives and the 

18 Committee on Commerce, Science, and Transportation of 

19 the Senate an annual plan for the following calendar year 

20 detailing the Administration’s projected activities, includ21 ing— 

22 (1) the Administrator’s policy priorities; 

23 (2) any rulemakings projected to be commenced; 

24 (3) any plans to develop guidelines; 
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1 (4) any plans to restructure the Administration 

2 or to establish or alter working groups; 

3 (5) any planned projects or initiatives of the Ad4 ministration, including the working groups and advi5 sory committees of the Administration; and 

6 (6) any projected dates or timetables associated 

7 with any of the items described in paragraphs (1) 

8 through (5). 

9 SEC. 24402. APPLICATION OF REMEDIES FOR DEFECTS AND 

10 NONCOMPLIANCE. 

11 Section 30120(g)(1) of title 49, United States Code, is 

12 amended by striking ‘‘10 calendar years’’ and inserting ‘‘15 

13 calendar years’’. 

14 SEC. 24403. RETENTION OF SAFETY RECORDS BY MANUFAC15 TURERS. 

16 (a) RULE.—Not later than 18 months after the date 

17 of enactment of this Act, the Secretary of Transportation 

18 shall issue a final rule pursuant to section 30117 of title 

19 49, United States Code, requiring each manufacturer of 

20 motor vehicles or motor vehicle equipment to retain all 

21 motor vehicle safety records required to be maintained by 

22 manufacturers under section 576.6 of title 49, Code of Fed23 eral Regulations, for a period of not less than 10 calendar 

24 years from the date on which they were generated or ac25 quired by the manufacturer. 
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1 (b) APPLICATION.—The rule required by subsection (a) 

2 shall apply with respect to any record described in such 

3 subsection that is in the possession of a manufacturer on 

4 the effective date of such rule. 

5 SEC. 24404. NONAPPLICATION OF PROHIBITIONS RELATING 

6 TO NONCOMPLYING MOTOR VEHICLES TO VE7 HICLES USED FOR TESTING OR EVALUATION. 

8 Section 30112(b) of title 49, United States Code, is 

9 amended— 

10 (1) in paragraph (8), by striking ‘‘; or’’ and in11 serting a semicolon; 

12 (2) in paragraph (9), by striking the period at 

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

14 (3) by adding at the end the following new para15 graph: 

16 ‘‘(10) the introduction of a motor vehicle in 

17 interstate commerce solely for purposes of testing or 

18 evaluation by a manufacturer that prior to the date 

19 of enactment of this paragraph— 

20 ‘‘(A) has manufactured and distributed 

21 motor vehicles into the United States that are 

22 certified to comply with all applicable Federal 

23 motor vehicle safety standards; 

24 ‘‘(B) has submitted to the Secretary appro25 priate manufacturer identification information 
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•HR 22 EAH 

1 under part 566 of title 49, Code of Federal Regu2 lations; 

3 ‘‘(C) if applicable, has identified an agent 

4 for service of process in accordance with part 

5 551 of such title; and 

6 ‘‘(D) agrees not to sell or offer for sale the 

7 motor vehicle at the conclusion of the testing or 

8 evaluation.’’. 

9 SEC. 24405. TREATMENT OF LOW-VOLUME MANUFACTUR10 ERS. 

11 (a) EXEMPTION FROM VEHICLE SAFETY STANDARDS

12 FOR LOW-VOLUME MANUFACTURERS.—Section 30114 of 

13 title 49, United States Code, is amended— 

14 (1) by striking ‘‘The’’ and inserting ‘‘(a) VEHI15 CLES USED FOR PARTICULAR PURPOSES.—The’’; and 

16 (2) by adding at the end the following new sub17 section: 

18 ‘‘(b) EXEMPTION FOR LOW-VOLUME MANUFACTUR19 ERS.— 

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

21 ‘‘(A) exempt from section 30112(a) of this 

22 title not more than 500 replica motor vehicles 

23 per year that are manufactured or imported by 

24 a low-volume manufacturer; and 
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1 ‘‘(B) except as provided in paragraph (4) of 

2 this subsection, limit any such exemption to the 

3 Federal Motor Vehicle Safety Standards applica4 ble to motor vehicles and not motor vehicle 

5 equipment. 

6 ‘‘(2) REGISTRATION REQUIREMENT.—To qualify 

7 for an exemption under paragraph (1), a low-volume 

8 manufacturer shall register with the Secretary at such 

9 time, in such manner, and under such terms that the 

10 Secretary determines appropriate. The Secretary shall 

11 establish terms that ensure that no person may reg12 ister as a low-volume manufacturer if the person is 

13 registered as an importer under section 30141 of this 

14 title. 

15 ‘‘(3) PERMANENT LABEL REQUIREMENT.— 

16 ‘‘(A) IN GENERAL.—The Secretary shall re17 quire a low-volume manufacturer to affix a per18 manent label to a motor vehicle exempted under 

19 paragraph (1) that identifies the specified stand20 ards and regulations for which such vehicle is ex21 empt from section 30112(a) and designates the 

22 model year such vehicle replicates. 

23 ‘‘(B) WRITTEN NOTICE.—The Secretary 

24 may require a low-volume manufacturer of a 
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1 motor vehicle exempted under paragraph (1) to 

2 deliver written notice of the exemption to— 

3 ‘‘(i) the dealer; and 

4 ‘‘(ii) the first purchaser of the motor 

5 vehicle, if the first purchaser is not an indi6 vidual that purchases the motor vehicle for 

7 resale. 

8 ‘‘(C) REPORTING REQUIREMENT.—A low9 volume manufacturer shall annually submit a 

10 report to the Secretary including the number 

11 and description of the motor vehicles exempted 

12 under paragraph (1) and a list of the exemptions 

13 described on the label affixed under subpara14 graph (A). 

15 ‘‘(4) EFFECT ON OTHER PROVISIONS.—Any 

16 motor vehicle exempted under this subsection shall 

17 also be exempted from sections 32304, 32502, and 

18 32902 of this title and from section 3 of the Auto19 mobile Information Disclosure Act (15 U.S.C. 1232). 

20 ‘‘(5) LIMITATION AND PUBLIC NOTICE.—The Sec21 retary shall have 60 days to review and approve a 

22 registration submitted under paragraph (2). Any reg23 istration not approved or denied within 60 days after 

24 submission shall be deemed approved. The Secretary 

25 shall have the authority to revoke an existing registra-
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1 tion based on a failure to comply with requirements 

2 set forth in this subsection. The registrant shall be 

3 provided a reasonable opportunity to correct all defi4 ciencies, if such are correctable based on the sole dis5 cretion of the Secretary. An exemption granted by the 

6 Secretary to a low-volume manufacturer under this 

7 subsection may not be transferred to any other per8 son, and shall expire at the end of the calendar year 

9 for which it was granted with respect to any volume 

10 authorized by the exemption that was not applied by 

11 the low-volume manufacturer to vehicles built during 

12 that calendar year. The Secretary shall maintain an 

13 up-to-date list of registrants on an annual basis and 

14 publish such list in the Federal Register or on a 

15 website operated by the Secretary. 

16 ‘‘(6) LIMITATION OF LIABILITY FOR ORIGINAL

17 MANUFACTURERS, LICENSORS OR OWNERS OF PROD18 UCT CONFIGURATION, TRADE DRESS, OR DESIGN PAT19 ENTS.—The original manufacturer, its successor or 

20 assignee, or current owner, who grants a license or 

21 otherwise transfers rights to a low-volume manufac22 turer shall incur no liability to any person or entity 

23 under Federal or State statute, regulation, local ordi24 nance, or under any Federal or State common law for 
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1 such license or assignment to a low-volume manufac2 turer. 

3 ‘‘(7) DEFINITIONS.—In this subsection: 

4 ‘‘(A) LOW-VOLUME MANUFACTURER.—The 

5 term ‘low-volume manufacturer’ means a motor 

6 vehicle manufacturer, other than a person who is 

7 registered as an importer under section 30141 of 

8 this title, whose annual worldwide production is 

9 not more than 5,000 motor vehicles. 

10 ‘‘(B) REPLICA MOTOR VEHICLE.—The term 

11 ‘replica motor vehicle’ means a motor vehicle 

12 produced by a low-volume manufacturer and 

13 that— 

14 ‘‘(i) is intended to resemble the body of 

15 another motor vehicle that was manufac16 tured not less than 25 years before the man17 ufacture of the replica motor vehicle; and 

18 ‘‘(ii) is manufactured under a license 

19 for the product configuration, trade dress, 

20 trademark, or patent, for the motor vehicle 

21 that is intended to be replicated from the 

22 original manufacturer, its successors or as23 signees, or current owner of such product 

24 configuration, trade dress, trademark, or 

25 patent rights.’’. 
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1 (b) VEHICLE EMISSION COMPLIANCE STANDARDS FOR

2 LOW-VOLUME MOTOR VEHICLE MANUFACTURERS.—Part A 

3 of title II of the Clean Air Act (42 U.S.C. 7521 et seq.) 

4 is amended— 

5 (1) in section 206(a) by adding at the end the 

6 following new paragraph: 

7 ‘‘(5)(A) A motor vehicle engine (including all engine 

8 emission controls) from a motor vehicle that has been grant9 ed a certificate of conformity by the Administrator for the 

10 model year in which the motor vehicle is assembled, or a 

11 motor vehicle engine that has been granted an Executive 

12 order subject to regulations promulgated by the California 

13 Air Resources Board for the model year in which the motor 

14 vehicle is assembled, may be installed in an exempted spe15 cially produced motor vehicle, if— 

16 ‘‘(i) the manufacturer of the engine supplies 

17 written instructions explaining how to install the en18 gine and maintain functionality of the engine’s emis19 sion control system and the on-board diagnostic sys20 tem (commonly known as ‘OBD II’), except with re21 spect to evaporative emissions diagnostics; 

22 ‘‘(ii) the manufacturer of the exempted specially 

23 produced motor vehicle installs the engine in accord24 ance with such instructions; and 
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1 ‘‘(iii) the installation instructions include emis2 sion control warranty information from the engine 

3 manufacturer in compliance with section 207, includ4 ing where warranty repairs can be made, emission 

5 control labels to be affixed to the vehicle, and the cer6 tificate of conformity number for the applicable vehi7 cle in which the engine was originally intended or the 

8 applicable Executive order number for the engine. 

9 ‘‘(B) A motor vehicle containing an engine compliant 

10 with the requirements of subparagraph (A) shall be treated 

11 as meeting the requirements of section 202 applicable to 

12 new vehicles manufactured or imported in the model year 

13 in which the exempted specially produced motor vehicle is 

14 assembled. 

15 ‘‘(C) Engine installations that are not performed in 

16 accordance with installation instructions provided by the 

17 manufacturer and alterations to the engine not in accord18 ance with the installation instructions shall— 

19 ‘‘(i) be treated as prohibited acts by the installer 

20 under section 203; and 

21 ‘‘(ii) subject to civil penalties under the first and 

22 third sentences of section 205(a), civil actions under 

23 section 205(b), and administrative assessment of pen24 alties under section 205(c). 
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1 ‘‘(D) The manufacturer of an exempted specially pro2 duced motor vehicle that has an engine compliant with the 

3 requirements of subparagraph (A) shall provide to the pur4 chaser of such vehicle all information received by the manu5 facturer from the engine manufacturer, including informa6 tion regarding emissions warranties from the engine manu7 facturer and all emissions-related recalls by the engine 

8 manufacturer. 

9 ‘‘(E) To qualify to install an engine under this para10 graph, a manufacturer of exempted specially produced 

11 motor vehicles shall register with the Administrator at such 

12 time and in such manner as the Administrator determines 

13 appropriate. The manufacturer shall submit an annual re14 port to the Administrator that includes— 

15 ‘‘(i) a description of the exempted specially pro16 duced motor vehicles and engines installed in such ve17 hicles; and 

18 ‘‘(ii) the certificate of conformity number issued 

19 to the motor vehicle in which the engine was origi20 nally intended or the applicable Executive order num21 ber for the engine. 

22 ‘‘(F) Exempted specially produced motor vehicles com23 pliant with this paragraph shall be exempted from— 

24 ‘‘(i) motor vehicle certification testing under this 

25 section; and 
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1 ‘‘(ii) vehicle emission control inspection and 

2 maintenance programs required under section 110. 

3 ‘‘(G) A person engaged in the manufacturing or assem4 bling of exempted specially produced motor vehicles shall 

5 not be treated as a manufacturer for purposes of this Act 

6 by virtue of such manufacturing or assembling, so long as 

7 such person complies with subparagraphs (A) through 

8 (E).’’; and 

9 (2) in section 216 by adding at the end the fol10 lowing new paragraph: 

11 ‘‘(12) EXEMPTED SPECIALLY PRODUCED MOTOR

12 VEHICLE.—The term ‘exempted specially produced 

13 motor vehicle’ means a replica motor vehicle that is 

14 exempt from specified standards pursuant to section 

15 30114(b) of title 49, United States Code.’’. 

16 (c) IMPLEMENTATION.—Not later than 12 months after 

17 the date of enactment of this Act, the Secretary of Transpor18 tation and the Administrator of the Environmental Protec19 tion Agency shall issue such regulations as may be nec20 essary to implement the amendments made by subsections 

21 (a) and (b), respectively. 

22 SEC. 24406. NO LIABILITY ON THE BASIS OF NHTSA MOTOR 

23 VEHICLE SAFETY GUIDELINES. 

24 Section 30111 of title 49, United States Code, is 

25 amended by adding at the end the following new subsection: 
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1 ‘‘(f) NO LIABILITY ON THE BASIS OF MOTOR VEHICLE

2 SAFETY GUIDELINES ISSUED BY THE SECRETARY.—(1) No 

3 guidelines issued by the Secretary with respect to motor ve4 hicle safety shall provide a basis for or evidence of liability 

5 in any action against a defendant whose practices are al6 leged to be inconsistent with such guidelines. A person who 

7 is subject to any such guidelines may use an alternative 

8 approach to that set forth in such guidelines that complies 

9 with any requirement in a provision of this subtitle, a 

10 motor vehicle safety standard issued under this subtitle, or 

11 another relevant statute or regulation. 

12 ‘‘(2) No such guidelines shall confer any rights on any 

13 person nor shall operate to bind the Secretary or any person 

14 who is subject to such guidelines to the approach rec15 ommended in such guidelines. In any enforcement action 

16 with respect to motor vehicle safety, the Secretary must 

17 prove a violation of a provision of this subtitle, a motor 

18 vehicle safety standard issued under this subtitle, or another 

19 relevant statute or regulation. The Secretary may not build 

20 a case against or negotiate a consent order with any person 

21 based in whole or in part on practices of the person that 

22 are alleged to be inconsistent with any such guidelines. 

23 ‘‘(3) A defendant may use compliance with any such 

24 guidelines as evidence of compliance with the provision of 

25 this subtitle, motor vehicle safety standard issued under this 
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1 subtitle, or other statute or regulation under which such 

2 guidelines were developed.’’. 

3 DIVISION C—FINANCE 

4 SEC. 30001. SHORT TITLE. 

5 This division may be cited as the ‘‘Transportation 

6 Funding Act of 2015’’. 

7 TITLE XXXI—HIGHWAY TRUST 

8 FUND AND RELATED TAXES 

9 Subtitle A—Extension of Trust 

10 Fund Expenditure Authority and 

11 Related Taxes 

12 SEC. 31101. EXTENSION OF TRUST FUND EXPENDITURE AU13 THORITY. 

14 (a) HIGHWAY TRUST FUND.—Section 9503 of the In15 ternal Revenue Code of 1986 is amended— 

16 (1) by striking ‘‘November 21, 2015’’ in sub17 sections (b)(6)(B), (c)(1), and (e)(3) and inserting 

18 ‘‘October 1, 2021’’, and 

19 (2) by striking ‘‘Surface Transportation Exten20 sion Act of 2015’’ in subsections (c)(1) and (e)(3) and 

21 inserting ‘‘Surface Transportation Reauthorization 

22 and Reform Act of 2015’’. 

23 (b) SPORT FISH RESTORATION AND BOATING TRUST

24 FUND.—Section 9504 of the Internal Revenue Code of 1986 

25 is amended— 
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1 (1) by striking ‘‘Surface Transportation Exten2 sion Act of 2015’’ each place it appears in subsection 

3 (b)(2) and inserting ‘‘Surface Transportation Reau4 thorization and Reform Act of 2015’’, and 

5 (2) by striking ‘‘November 21, 2015’’ in sub6 section (d)(2) and inserting ‘‘October 1, 2021’’. 

7 (c) LEAKING UNDERGROUND STORAGE TANK TRUST

8 FUND.—Section 9508(e)(2) of the Internal Revenue Code of 

9 1986 is amended by striking ‘‘November 21, 2015’’ and in10 serting ‘‘October 1, 2021’’. 

11 (d) EFFECTIVE DATE.—The amendments made by this 

12 section shall take effect on November 21, 2015. 

13 SEC. 31102. EXTENSION OF HIGHWAY-RELATED TAXES. 

14 (a) IN GENERAL.— 

15 (1) Each of the following provisions of the Inter16 nal Revenue Code of 1986 is amended by striking 

17 ‘‘September 30, 2016’’ and inserting ‘‘September 30, 

18 2023’’: 

19 (A) Section 4041(a)(1)(C)(iii)(I). 

20 (B) Section 4041(m)(1)(B). 

21 (C) Section 4081(d)(1). 

22 (2) Each of the following provisions of such Code 

23 is amended by striking ‘‘October 1, 2016’’ and insert24 ing ‘‘October 1, 2023’’: 

25 (A) Section 4041(m)(1)(A). 
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1 (B) Section 4051(c). 

2 (C) Section 4071(d). 

3 (D) Section 4081(d)(3). 

4 (b) EXTENSION OF TAX, ETC., ON USE OF CERTAIN

5 HEAVY VEHICLES.—Each of the following provisions of the 

6 Internal Revenue Code of 1986 is amended by striking 

7 ‘‘2017’’ each place it appears and inserting ‘‘2024’’: 

8 (1) Section 4481(f). 

9 (2) Subsections (c)(4) and (d) of section 4482. 

10 (c) FLOOR STOCKS REFUNDS.—Section 6412(a)(1) of 

11 the Internal Revenue Code of 1986 is amended— 

12 (1) by striking ‘‘October 1, 2016’’ each place it 

13 appears and inserting ‘‘October 1, 2023’’; 

14 (2) by striking ‘‘March 31, 2017’’ each place it 

15 appears and inserting ‘‘March 31, 2024’’; and 

16 (3) by striking ‘‘January 1, 2017’’ and inserting 

17 ‘‘January 1, 2024’’. 

18 (d) EXTENSION OF CERTAIN EXEMPTIONS.— 

19 (1) Section 4221(a) of the Internal Revenue Code 

20 of 1986 is amended by striking ‘‘October 1, 2016’’ and 

21 inserting ‘‘October 1, 2023’’. 

22 (2) Section 4483(i) of such Code is amended by 

23 striking ‘‘October 1, 2017’’ and inserting ‘‘October 1, 

24 2024’’. 

25 (e) EXTENSION OF TRANSFERS OF CERTAIN TAXES.— 
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1 (1) IN GENERAL.—Section 9503 of the Internal 

2 Revenue Code of 1986 is amended— 

3 (A) in subsection (b)— 

4 (i) by striking ‘‘October 1, 2016’’ each 

5 place it appears in paragraphs (1) and (2) 

6 and inserting ‘‘October 1, 2023’’; 

7 (ii) by striking ‘‘OCTOBER 1, 2016’’ in 

8 the heading of paragraph (2) and inserting 

9 ‘‘OCTOBER 1, 2023’’; 

10 (iii) by striking ‘‘September 30, 2016’’ 

11 in paragraph (2) and inserting ‘‘September 

12 30, 2023’’; and 

13 (iv) by striking ‘‘July 1, 2017’’ in 

14 paragraph (2) and inserting ‘‘July 1, 

15 2024’’; and 

16 (B) in subsection (c)(2), by striking ‘‘July 

17 1, 2017’’ and inserting ‘‘July 1, 2024’’. 

18 (2) MOTORBOAT AND SMALL-ENGINE FUEL TAX

19 TRANSFERS.— 

20 (A) IN GENERAL.—Paragraphs (3)(A)(i) 

21 and (4)(A) of section 9503(c) of such Code are 

22 each amended by striking ‘‘October 1, 2016’’ and 

23 inserting ‘‘October 1, 2023’’. 

24 (B) CONFORMING AMENDMENTS TO LAND

25 AND WATER CONSERVATION FUND.—Section 
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1 200310 of title 54, United States Code, is 

2 amended— 

3 (i) by striking ‘‘October 1, 2017’’ each 

4 place it appears and inserting ‘‘October 1, 

5 2024’’; and 

6 (ii) by striking ‘‘October 1, 2016’’ and 

7 inserting ‘‘October 1, 2023’’. 

8 (f) EFFECTIVE DATE.—The amendments made by this 

9 section shall take effect on October 1, 2016. 

10 Subtitle B—Additional Transfers to 

11 Highway Trust Fund 

12 SEC. 31201. FURTHER ADDITIONAL TRANSFERS TO TRUST 

13 FUND. 

14 Subsection (f) of section 9503 of the Internal Revenue 

15 Code of 1986 is amended by redesignating paragraph (8) 

16 as paragraph (10) and inserting after paragraph (7) the 

17 following new paragraphs: 

18 ‘‘(8) FURTHER TRANSFERS TO TRUST FUND.— 

19 Out of money in the Treasury not otherwise appro20 priated, there is hereby appropriated— 

21 ‘‘(A) $25,976,000,000 to the Highway Ac22 count (as defined in subsection (e)(5)(B)) in the 

23 Highway Trust Fund; and 

24 ‘‘(B) $9,000,000,000 to the Mass Transit 

25 Account in the Highway Trust Fund. 
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1 ‘‘(9) ADDITIONAL INCREASE IN FUND BAL2 ANCE.—There is hereby transferred to the Highway 

3 Account (as defined in subsection (e)(5)(B)) in the 

4 Highway Trust Fund amounts appropriated from the 

5 Leaking Underground Storage Tank Trust Fund 

6 under section 9508(c)(4).’’. 

7 SEC. 31202. TRANSFER TO HIGHWAY TRUST FUND OF CER8 TAIN MOTOR VEHICLE SAFETY PENALTIES. 

9 (a) IN GENERAL.—Paragraph (5) of section 9503(b) 

10 of the Internal Revenue Code of 1986 is amended— 

11 (1) by striking ‘‘There are hereby’’ and inserting 

12 the following: 

13 ‘‘(A) IN GENERAL.—There are hereby’’, and 

14 (2) by adding at the end the following new para15 graph: 

16 ‘‘(B) PENALTIES RELATED TO MOTOR VEHI17 CLE SAFETY.— 

18 ‘‘(i) IN GENERAL.—There are hereby 

19 appropriated to the Highway Trust Fund 

20 amounts equivalent to covered motor vehicle 

21 safety penalty collections. 

22 ‘‘(ii) COVERED MOTOR VEHICLE SAFE23 TY PENALTY COLLECTIONS.—For purposes 

24 of this subparagraph, the term ‘covered 

25 motor vehicle safety penalty collections’ 
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1 means any amount collected in connection 

2 with a civil penalty under section 30165 of 

3 title 49, United States Code, reduced by any 

4 award authorized by the Secretary of 

5 Transportation to be paid to any person in 

6 connection with information provided by 

7 such person related to a violation of chapter 

8 301 of such title which is a predicate to 

9 such civil penalty.’’. 

10 (b) EFFECTIVE DATE.—The amendments made by this 

11 section shall apply to amounts collected after the date of 

12 the enactment of this Act. 

13 SEC. 31203. APPROPRIATION FROM LEAKING UNDER14 GROUND STORAGE TANK TRUST FUND. 

15 (a) IN GENERAL.—Subsection (c) of section 9508 of 

16 the Internal Revenue Code of 1986 is amended by adding 

17 at the end the following new paragraph: 

18 ‘‘(4) ADDITIONAL TRANSFER TO HIGHWAY TRUST

19 FUND.—Out of amounts in the Leaking Underground 

20 Storage Tank Trust Fund there is hereby appro21 priated— 

22 ‘‘(A) on the date of the enactment of the 

23 DRIVE Act, $100,000,000, 

24 ‘‘(B) on October 1, 2016, $100,000,000, and 

25 ‘‘(C) on October 1, 2017, $100,000,000, 
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1 to be transferred under section 9503(f)(9) to the High2 way Account (as defined in section 9503(e)(5)(B)) in 

3 the Highway Trust Fund.’’. 

4 (b) CONFORMING AMENDMENT.—Section 9508(c)(1) of 

5 the Internal Revenue Code of 1986 is amended by striking 

6 ‘‘paragraphs (2) and (3)’’ and inserting ‘‘paragraphs (2), 

7 (3), and (4)’’. 

8 TITLE XXXII—OFFSETS 

9 Subtitle A—Tax Provisions 

10 SEC. 32101. REVOCATION OR DENIAL OF PASSPORT IN CASE 

11 OF CERTAIN UNPAID TAXES. 

12 (a) IN GENERAL.—Subchapter D of chapter 75 of the 

13 Internal Revenue Code of 1986 is amended by adding at 

14 the end the following new section: 

15 ‘‘SEC. 7345. REVOCATION OR DENIAL OF PASSPORT IN CASE 

16 OF CERTAIN TAX DELINQUENCIES. 

17 ‘‘(a) IN GENERAL.—If the Secretary receives certifi18 cation by the Commissioner of Internal Revenue that any 

19 individual has a seriously delinquent tax debt in an 

20 amount in excess of $50,000, the Secretary shall transmit 

21 such certification to the Secretary of State for action with 

22 respect to denial, revocation, or limitation of a passport 

23 pursuant to section 52102(d) of the Transportation Fund24 ing Act of 2015. 
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1 ‘‘(b) SERIOUSLY DELINQUENT TAX DEBT.—For pur2 poses of this section, the term ‘seriously delinquent tax debt’ 

3 means an outstanding debt under this title for which a no4 tice of lien has been filed in public records pursuant to sec5 tion 6323 or a notice of levy has been filed pursuant to 

6 section 6331, except that such term does not include— 

7 ‘‘(1) a debt that is being paid in a timely man8 ner pursuant to an agreement under section 6159 or 

9 7122, and 

10 ‘‘(2) a debt with respect to which collection is 

11 suspended because a collection due process hearing 

12 under section 6330, or relief under subsection (b), (c), 

13 or (f) of section 6015, is requested or pending. 

14 ‘‘(c) ADJUSTMENT FOR INFLATION.—In the case of a 

15 calendar year beginning after 2016, the dollar amount in 

16 subsection (a) shall be increased by an amount equal to— 

17 ‘‘(1) such dollar amount, multiplied by 

18 ‘‘(2) the cost-of-living adjustment determined 

19 under section 1(f)(3) for the calendar year, deter20 mined by substituting ‘calendar year 2015’ for ‘cal21 endar year 1992’ in subparagraph (B) thereof. 

22 If any amount as adjusted under the preceding sentence is 

23 not a multiple of $1,000, such amount shall be rounded to 

24 the next highest multiple of $1,000.’’. 
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1 (b) CLERICAL AMENDMENT.—The table of sections for 

2 subchapter D of chapter 75 of the Internal Revenue Code 

3 of 1986 is amended by adding at the end the following new 

4 item: 

‘‘Sec. 7345. Revocation or denial of passport in case of certain tax delinquencies.’’. 

5 (c) AUTHORITY FOR INFORMATION SHARING.— 

6 (1) IN GENERAL.—Subsection (l) of section 6103 

7 of the Internal Revenue Code of 1986 is amended by 

8 adding at the end the following new paragraph: 

9 ‘‘(23) DISCLOSURE OF RETURN INFORMATION TO

10 DEPARTMENT OF STATE FOR PURPOSES OF PASSPORT

11 REVOCATION UNDER SECTION 7345.— 

12 ‘‘(A) IN GENERAL.—The Secretary shall, 

13 upon receiving a certification described in sec14 tion 7345, disclose to the Secretary of State re15 turn information with respect to a taxpayer who 

16 has a seriously delinquent tax debt described in 

17 such section. Such return information shall be 

18 limited to— 

19 ‘‘(i) the taxpayer identity information 

20 with respect to such taxpayer, and 

21 ‘‘(ii) the amount of such seriously de22 linquent tax debt. 

23 ‘‘(B) RESTRICTION ON DISCLOSURE.—Re24 turn information disclosed under subparagraph 
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1 (A) may be used by officers and employees of the 

2 Department of State for the purposes of, and to 

3 the extent necessary in, carrying out the require4 ments of section 52102(d) of the Transportation 

5 Funding Act of 2015.’’. 

6 (2) CONFORMING AMENDMENT.—Paragraph (4) 

7 of section 6103(p) of such Code is amended by strik8 ing ‘‘or (22)’’ each place it appears in subparagraph 

9 (F)(ii) and in the matter preceding subparagraph (A) 

10 and inserting ‘‘(22), or (23)’’. 

11 (d) AUTHORITY TO DENY OR REVOKE PASSPORT.— 

12 (1) DENIAL.— 

13 (A) IN GENERAL.—Except as provided 

14 under subparagraph (B), upon receiving a cer15 tification described in section 7345 of the Inter16 nal Revenue Code of 1986 from the Secretary of 

17 the Treasury, the Secretary of State shall not 

18 issue a passport to any individual who has a se19 riously delinquent tax debt described in such sec20 tion. 

21 (B) EMERGENCY AND HUMANITARIAN SITU22 ATIONS.—Notwithstanding subparagraph (A), 

23 the Secretary of State may issue a passport, in 

24 emergency circumstances or for humanitarian 
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1 reasons, to an individual described in such sub2 paragraph. 

3 (2) REVOCATION.— 

4 (A) IN GENERAL.—The Secretary of State 

5 may revoke a passport previously issued to any 

6 individual described in paragraph (1)(A). 

7 (B) LIMITATION FOR RETURN TO UNITED

8 STATES.—If the Secretary of State decides to re9 voke a passport under subparagraph (A), the 

10 Secretary of State, before revocation, may— 

11 (i) limit a previously issued passport 

12 only for return travel to the United States; 

13 or 

14 (ii) issue a limited passport that only 

15 permits return travel to the United States. 

16 (3) HOLD HARMLESS.—The Secretary of the 

17 Treasury and the Secretary of State shall not be lia18 ble to an individual for any action with respect to a 

19 certification by the Commissioner of Internal Revenue 

20 under section 7345 of the Internal Revenue Code of 

21 1986. 

22 (e) REVOCATION OR DENIAL OF PASSPORT IN CASE OF

23 INDIVIDUAL WITHOUT SOCIAL SECURITY ACCOUNT NUM24 BER.— 

25 (1) DENIAL.— 
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1 (A) IN GENERAL.—Except as provided 

2 under subparagraph (B), upon receiving an ap3 plication for a passport from an individual that 

4 either— 

5 (i) does not include the social security 

6 account number issued to that individual, 

7 or 

8 (ii) includes an incorrect or invalid so9 cial security number willfully, inten10 tionally, negligently, or recklessly provided 

11 by such individual, 

12 the Secretary of State is authorized to deny such 

13 application and is authorized to not issue a 

14 passport to the individual. 

15 (B) EMERGENCY AND HUMANITARIAN SITU16 ATIONS.—Notwithstanding subparagraph (A), 

17 the Secretary of State may issue a passport, in 

18 emergency circumstances or for humanitarian 

19 reasons, to an individual described in subpara20 graph (A). 

21 (2) REVOCATION.— 

22 (A) IN GENERAL.—The Secretary of State 

23 may revoke a passport previously issued to any 

24 individual described in paragraph (1)(A). 
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1 (B) LIMITATION FOR RETURN TO UNITED

2 STATES.—If the Secretary of State decides to re3 voke a passport under subparagraph (A), the 

4 Secretary of State, before revocation, may— 

5 (i) limit a previously issued passport 

6 only for return travel to the United States; 

7 or 

8 (ii) issue a limited passport that only 

9 permits return travel to the United States. 

10 (f) EFFECTIVE DATE.—The provisions of, and amend11 ments made by, this section shall take effect on January 

12 1, 2016. 

13 SEC. 32102. REFORM OF RULES RELATING TO QUALIFIED 

14 TAX COLLECTION CONTRACTS. 

15 (a) REQUIREMENT TO COLLECT CERTAIN INACTIVE

16 TAX RECEIVABLES UNDER QUALIFIED TAX COLLECTION

17 CONTRACTS.—Section 6306 of the Internal Revenue Code 

18 of 1986 is amended by redesignating subsections (c) through 

19 (f) as subsections (d) through (g), respectively, and by in20 serting after subsection (b) the following new subsection: 

21 ‘‘(c) COLLECTION OF INACTIVE TAX RECEIVABLES.— 

22 ‘‘(1) IN GENERAL.—Notwithstanding any other 

23 provision of law, the Secretary shall enter into one or 

24 more qualified tax collection contracts for the collec25 tion of all outstanding inactive tax receivables. 
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1 ‘‘(2) INACTIVE TAX RECEIVABLES.—For purposes 

2 of this section— 

3 ‘‘(A) IN GENERAL.—The term ‘inactive tax 

4 receivable’ means any tax receivable if— 

5 ‘‘(i) at any time after assessment, the 

6 Internal Revenue Service removes such re7 ceivable from the active inventory for lack of 

8 resources or inability to locate the taxpayer, 

‘‘(ii) more than 1 9 ⁄3 of the period of the 

10 applicable statute of limitation has lapsed 

11 and such receivable has not been assigned 

12 for collection to any employee of the Inter13 nal Revenue Service, or 

14 ‘‘(iii) in the case of a receivable which 

15 has been assigned for collection, more than 

16 365 days have passed without interaction 

17 with the taxpayer or a third party for pur18 poses of furthering the collection of such re19 ceivable. 

20 ‘‘(B) TAX RECEIVABLE.—The term ‘tax re21 ceivable’ means any outstanding assessment 

22 which the Internal Revenue Service includes in 

23 potentially collectible inventory.’’. 

24 (b) CERTAIN TAX RECEIVABLES NOT ELIGIBLE FOR

25 COLLECTION UNDER QUALIFIED TAX COLLECTION CON-
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1 TRACTS.—Section 6306 of the Internal Revenue Code of 

2 1986, as amended by subsection (a), is amended by redesig3 nating subsections (d) through (g) as subsections (e) through 

4 (h), respectively, and by inserting after subsection (c) the 

5 following new subsection: 

6 ‘‘(d) CERTAIN TAX RECEIVABLES NOT ELIGIBLE FOR

7 COLLECTION UNDER QUALIFIED TAX COLLECTIONS CON8 TRACTS.—A tax receivable shall not be eligible for collection 

9 pursuant to a qualified tax collection contract if such re10 ceivable— 

11 ‘‘(1) is subject to a pending or active offer-in12 compromise or installment agreement, 

13 ‘‘(2) is classified as an innocent spouse case, 

14 ‘‘(3) involves a taxpayer identified by the Sec15 retary as being— 

16 ‘‘(A) deceased, 

17 ‘‘(B) under the age of 18, 

18 ‘‘(C) in a designated combat zone, or 

19 ‘‘(D) a victim of tax-related identity theft, 

20 ‘‘(4) is currently under examination, litigation, 

21 criminal investigation, or levy, or 

22 ‘‘(5) is currently subject to a proper exercise of 

23 a right of appeal under this title.’’. 

24 (c) CONTRACTING PRIORITY.—Section 6306 of the In25 ternal Revenue Code of 1986, as amended by the preceding 
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1 provisions of this section, is amended by redesignating sub2 section (h) as subsection (i) and by inserting after sub3 section (g) the following new subsection: 

4 ‘‘(h) CONTRACTING PRIORITY.—In contracting for the 

5 services of any person under this section, the Secretary shall 

6 utilize private collection contractors and debt collection cen7 ters on the schedule required under section 3711(g) of title 

8 31, United States Code, including the technology and com9 munications infrastructure established therein, to the extent 

10 such private collection contractors and debt collection cen11 ters are appropriate to carry out the purposes of this sec12 tion.’’. 

13 (d) DISCLOSURE OF RETURN INFORMATION.—Section 

14 6103(k) of the Internal Revenue Code of 1986 is amended 

15 by adding at the end the following new paragraph: 

16 ‘‘(11) QUALIFIED TAX COLLECTION CONTRAC17 TORS.—Persons providing services pursuant to a 

18 qualified tax collection contract under section 6306 

19 may, if speaking to a person who has identified him20 self or herself as having the name of the taxpayer to 

21 which a tax receivable (within the meaning of such 

22 section) relates, identify themselves as contractors of 

23 the Internal Revenue Service and disclose the business 

24 name of the contractor, and the nature, subject, and 

25 reason for the contact. Disclosures under this para-
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1 graph shall be made only in such situations and 

2 under such conditions as have been approved by the 

3 Secretary.’’. 

4 (e) TAXPAYERS AFFECTED BY FEDERALLY DECLARED

5 DISASTERS.—Section 6306 of the Internal Revenue Code of 

6 1986, as amended by the preceding provisions of this sec7 tion, is amended by redesignating subsection (i) as sub8 section (j) and by inserting after subsection (h) the fol9 lowing new subsection: 

10 ‘‘(i) TAXPAYERS IN PRESIDENTIALLY DECLARED DIS11 ASTER AREAS.—The Secretary may prescribe procedures 

12 under which a taxpayer determined to be affected by a Fed13 erally declared disaster (as defined by section 165(i)(5)) 

14 may request— 

15 ‘‘(1) relief from immediate collection measures by 

16 contractors under this section, and 

17 ‘‘(2) a return of the inactive tax receivable to the 

18 inventory of the Internal Revenue Service to be col19 lected by an employee thereof.’’. 

20 (f) REPORT TO CONGRESS.— 

21 (1) IN GENERAL.—Section 6306 of the Internal 

22 Revenue Code of 1986, as amended by the preceding 

23 provisions of this section, is amended by redesig24 nating subsection (j) as subsection (k) and by insert25 ing after subsection (i) the following new subsection: 
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1 ‘‘(j) REPORT TO CONGRESS.—Not later than 90 days 

2 after the last day of each fiscal year (beginning with the 

3 first such fiscal year ending after the date of the enactment 

4 of this subsection), the Secretary shall submit to the Com5 mittee on Ways and Means of the House of Representatives 

6 and the Committee on Finance of the Senate a report with 

7 respect to qualified tax collection contracts under this sec8 tion which shall include— 

9 ‘‘(1) annually, with respect to such fiscal year— 

10 ‘‘(A) the total number and amount of tax 

11 receivables provided to each contractor for collec12 tion under this section, 

13 ‘‘(B) the total amounts collected (and 

14 amounts of installment agreements entered into 

15 under subsection (b)(1)(B)) with respect to each 

16 contractor and the collection costs incurred (di17 rectly and indirectly) by the Internal Revenue 

18 Service with respect to such amounts, 

19 ‘‘(C) the impact of such contracts on the 

20 total number and amount of unpaid assessments, 

21 and on the number and amount of assessments 

22 collected by Internal Revenue Service personnel 

23 after initial contact by a contractor, 
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1 ‘‘(D) the amount of fees retained by the Sec2 retary under subsection (e) and a description of 

3 the use of such funds, and 

4 ‘‘(E) a disclosure safeguard report in a 

5 form similar to that required under section 

6 6103(p)(5), and 

7 ‘‘(2) biannually (beginning with the second re8 port submitted under this subsection)— 

9 ‘‘(A) an independent evaluation of con10 tractor performance, and 

11 ‘‘(B) a measurement plan that includes a 

12 comparison of the best practices used by the pri13 vate collectors to the collection techniques used by 

14 the Internal Revenue Service and mechanisms to 

15 identify and capture information on successful 

16 collection techniques used by the contractors that 

17 could be adopted by the Internal Revenue Serv18 ice.’’. 

19 (2) REPEAL OF EXISTING REPORTING REQUIRE20 MENTS WITH RESPECT TO QUALIFIED TAX COLLEC21 TION CONTRACTS.—Section 881 of the American Jobs 

22 Creation Act of 2004 is amended by striking sub23 section (e). 

24 (g) EFFECTIVE DATES.— 
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1 (1) IN GENERAL.—The amendments made by 

2 subsections (a) and (b) shall apply to tax receivables 

3 identified by the Secretary after the date of the enact4 ment of this Act. 

5 (2) CONTRACTING PRIORITY.—The Secretary 

6 shall begin entering into contracts and agreements as 

7 described in the amendment made by subsection (c) 

8 within 3 months after the date of the enactment of 

9 this Act. 

10 (3) DISCLOSURES.—The amendment made by 

11 subsection (d) shall apply to disclosures made after 

12 the date of the enactment of this Act. 

13 (4) PROCEDURES; REPORT TO CONGRESS.—The 

14 amendments made by subsections (e) and (f) shall 

15 take effect on the date of the enactment of this Act. 

16 SEC. 32103. SPECIAL COMPLIANCE PERSONNEL PROGRAM. 

17 (a) IN GENERAL.—Subsection (e) of section 6306 of 

18 the Internal Revenue Code of 1986, as redesignated by sec19 tion 52106, is amended by striking ‘‘for collection enforce20 ment activities of the Internal Revenue Service’’ in para21 graph (2) and inserting ‘‘to fund the special compliance 

22 personnel program account under section 6307’’. 

23 (b) SPECIAL COMPLIANCE PERSONNEL PROGRAM AC24 COUNT.—Subchapter A of chapter 64 of the Internal Rev-
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1 enue Code of 1986 is amended by adding at the end the 

2 following new section: 

3 ‘‘SEC. 6307. SPECIAL COMPLIANCE PERSONNEL PROGRAM 

4 ACCOUNT. 

5 ‘‘(a) ESTABLISHMENT OF A SPECIAL COMPLIANCE

6 PERSONNEL PROGRAM ACCOUNT.—The Secretary shall es7 tablish an account within the Department for carrying out 

8 a program consisting of the hiring, training, and employ9 ment of special compliance personnel, and shall transfer to 

10 such account from time to time amounts retained by the 

11 Secretary under section 6306(e)(2). 

12 ‘‘(b) RESTRICTIONS.—The program described in sub13 section (a) shall be subject to the following restrictions: 

14 ‘‘(1) No funds shall be transferred to such ac15 count except as described in subsection (a). 

16 ‘‘(2) No other funds from any other source shall 

17 be expended for special compliance personnel em18 ployed under such program, and no funds from such 

19 account shall be expended for the hiring of any per20 sonnel other than special compliance personnel. 

21 ‘‘(3) Notwithstanding any other authority, the 

22 Secretary is prohibited from spending funds out of 

23 such account for any purpose other than for costs 

24 under such program associated with the employment 

25 of special compliance personnel and the retraining 
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1 and reassignment of current noncollections personnel 

2 as special compliance personnel, and to reimburse the 

3 Internal Revenue Service or other government agen4 cies for the cost of administering qualified tax collec5 tion contracts under section 6306. 

6 ‘‘(c) REPORTING.—Not later than March of each year, 

7 the Commissioner of Internal Revenue shall submit a report 

8 to the Committees on Finance and Appropriations of the 

9 Senate and the Committees on Ways and Means and Appro10 priations of the House of Representatives consisting of the 

11 following: 

12 ‘‘(1) For the preceding fiscal year, all funds re13 ceived in the account established under subsection (a), 

14 administrative and program costs for the program de15 scribed in such subsection, the number of special com16 pliance personnel hired and employed under the pro17 gram, and the amount of revenue actually collected by 

18 such personnel. 

19 ‘‘(2) For the current fiscal year, all actual and 

20 estimated funds received or to be received in the ac21 count, all actual and estimated administrative and 

22 program costs, the number of all actual and estimated 

23 special compliance personnel hired and employed 

24 under the program, and the actual and estimated rev-
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1 enue actually collected or to be collected by such per2 sonnel. 

3 ‘‘(3) For the following fiscal year, an estimate of 

4 all funds to be received in the account, all estimated 

5 administrative and program costs, the estimated 

6 number of special compliance personnel hired and 

7 employed under the program, and the estimated rev8 enue to be collected by such personnel. 

9 ‘‘(d) DEFINITIONS.—For purposes of this section— 

10 ‘‘(1) SPECIAL COMPLIANCE PERSONNEL.—The 

11 term ‘special compliance personnel’ means individ12 uals employed by the Internal Revenue Service as 

13 field function collection officers or in a similar posi14 tion, or employed to collect taxes using the automated 

15 collection system or an equivalent replacement system. 

16 ‘‘(2) PROGRAM COSTS.—The term ‘program 

17 costs’ means— 

18 ‘‘(A) total salaries (including locality pay 

19 and bonuses), benefits, and employment taxes for 

20 special compliance personnel employed or 

21 trained under the program described in sub22 section (a), and 

23 ‘‘(B) direct overhead costs, salaries, benefits, 

24 and employment taxes relating to support staff, 

25 rental payments, office equipment and furniture, 
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1 travel, data processing services, vehicle costs, 

2 utilities, telecommunications, postage, printing 

3 and reproduction, supplies and materials, lands 

4 and structures, insurance claims, and indem5 nities for special compliance personnel hired and 

6 employed under this section. 

7 For purposes of subparagraph (B), the cost of man8 agement and supervision of special compliance per9 sonnel shall be taken into account as direct overhead 

10 costs to the extent such costs, when included in total 

11 program costs under this paragraph, do not represent 

12 more than 10 percent of such total costs.’’. 

13 (c) CLERICAL AMENDMENT.—The table of sections for 

14 subchapter A of chapter 64 of the Internal Revenue Code 

15 of 1986 is amended by inserting after the item relating to 

16 section 6306 the following new item: 

‘‘Sec. 6307. Special compliance personnel program account.’’. 

17 (d) EFFECTIVE DATE.—The amendment made by sub18 section (a) shall apply to amounts collected and retained 

19 by the Secretary after the date of the enactment of this Act. 

20 Subtitle B—Fees and Receipts 

21 SEC. 32201. ADJUSTMENT FOR INFLATION OF FEES FOR 

22 CERTAIN CUSTOMS SERVICES. 

23 (a) IN GENERAL.—Section 13031 of the Consolidated 

24 Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 

25 58c) is amended by adding at the end the following: 
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1 ‘‘(l) ADJUSTMENT OF FEES FOR INFLATION.— 

2 ‘‘(1) IN GENERAL.—The Secretary of the Treas3 ury shall adjust the fees established under subsection 

4 (a), and the limitations on such fees under para5 graphs (2), (3), (5), (6), (8), and (9) of subsection (b), 

6 on October 1, 2015, and annually thereafter, to reflect 

7 the percentage (if any) of the increase in the average 

8 of the Consumer Price Index for the preceding 12- 

9 month period compared to the Consumer Price Index 

10 for fiscal year 2014. 

11 ‘‘(2) SPECIAL RULES FOR CALCULATION OF AD12 JUSTMENT.—In adjusting under paragraph (1) the 

13 amount of the fees established under subsection (a), 

14 and the limitations on such fees under paragraphs 

15 (2), (3), (5), (6), (8), and (9) of subsection (b), the 

16 Secretary— 

17 ‘‘(A) shall round the amount of any in18 crease in the Consumer Price Index to the near19 est dollar; and 

20 ‘‘(B) may ignore any such increase of less 

21 than 1 percent. 

22 ‘‘(3) CONSUMER PRICE INDEX DEFINED.—For 

23 purposes of this subsection, the term ‘Consumer Price 

24 Index’ means the Consumer Price Index for All Urban 
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1 Consumers published by the Bureau of Labor Statis2 tics of the Department of Labor.’’. 

3 (b) DEPOSITS INTO CUSTOMS USER FEE ACCOUNT.— 

4 Section 13031(f) of the Consolidated Omnibus Budget Rec5 onciliation Act of 1985 (19 U.S.C. 58c(f)) is amended— 

6 (1) in paragraph (1), in the matter preceding 

7 subparagraph (A), by striking ‘‘all fees collected under 

8 subsection (a)’’ and inserting ‘‘the amount of fees col9 lected under subsection (a) (determined without re10 gard to any adjustment made under subsection (l))’’; 

11 and 

12 (2) in paragraph (3)(A), in the matter preceding 

13 clause (i)— 

14 (A) by striking ‘‘fees collected’’ and insert15 ing ‘‘amount of fees collected’’; and 

16 (B) by striking ‘‘), each appropriation’’ and 

17 inserting ‘‘, and determined without regard to 

18 any adjustment made under subsection (l)), each 

19 appropriation’’. 

20 (c) CONFORMING AMENDMENTS.—Section 13031 of the 

21 Consolidated Omnibus Budget Reconciliation Act of 1985 

22 (19 U.S.C. 58c), as amended by subsections (a) and (b), 

23 is further amended— 
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1 (1) in subsection (a), in the matter preceding 

2 paragraph (1), by inserting ‘‘(subject to adjustment 

3 under subsection (l))’’ after ‘‘following fees’’; and 

4 (2) in subsection (b)— 

5 (A) in paragraph (2), by inserting ‘‘(subject 

6 to adjustment under subsection (l))’’ after ‘‘in 

7 fees’’; 

8 (B) in paragraph (3), by inserting ‘‘(subject 

9 to adjustment under subsection (l))’’ after ‘‘in 

10 fees’’; 

11 (C) in paragraph (5)(A), by inserting 

12 ‘‘(subject to adjustment under subsection (l))’’ 

13 after ‘‘in fees’’; 

14 (D) in paragraph (6), by inserting ‘‘(subject 

15 to adjustment under subsection (l))’’ after ‘‘in 

16 fees’’; 

17 (E) in paragraph (8)(A)— 

18 (i) in clause (i), by inserting ‘‘or (l)’’ 

19 after ‘‘subsection (a)(9)(B)’’; and 

20 (ii) in clause (ii), by inserting ‘‘(sub21 ject to adjustment under subsection (l))’’ 

22 after ‘‘$3’’; and 

23 (F) in paragraph (9)— 

24 (i) in subparagraph (A)— 
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1 (I) in the matter preceding clause 

2 (i), by inserting ‘‘and subject to adjust3 ment under subsection (l)’’ after ‘‘Tar4 iff Act of 1930’’; and 

5 (II) in clause (ii)(I), by inserting 

6 ‘‘(subject to adjustment under sub7 section (l))’’ after ‘‘bill of lading’’; and 

8 (ii) in subparagraph (B)(i), by insert9 ing ‘‘(subject to adjustment under subsection 

10 (l))’’ after ‘‘bill of lading’’. 

11 SEC. 32202. ELIMINATION OF SURPLUS FUNDS OF FEDERAL 

12 RESERVE BANKS. 

13 (a) ELIMINATION OF SURPLUS FUNDS.—Section 7 of 

14 the Federal Reserve Act (12 U.S.C. 289 et seq.) is amend15 ed— 

16 (1) in subsection (a)— 

17 (A) in the heading of such subsection, by 

18 striking ‘‘AND SURPLUS FUNDS’’; and 

19 (B) in paragraph (2), by striking ‘‘depos20 ited in the surplus fund of the bank’’ and insert21 ing ‘‘transferred to the Board of Governors of the 

22 Federal Reserve System for transfer to the Sec23 retary of the Treasury for deposit in the general 

24 fund of the Treasury’’; and 
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1 (2) by striking the first subsection (b) (relating 

2 to a transfer for fiscal year 2000). 

3 (b) TRANSFER TO THE TREASURY.—The Federal re4 serve banks shall transfer all of the funds of the surplus 

5 funds of such banks to the Board of Governors of the Federal 

6 Reserve System for transfer to the Secretary of the Treasury 

7 for deposit in the general fund of the Treasury. 

8 SEC. 32203. STRATEGIC PETROLEUM RESERVE DRAWDOWN 

9 AND SALE. 

10 (a) DRAWDOWN AND SALE.— 

11 (1) IN GENERAL.—Notwithstanding section 161 

12 of the Energy Policy and Conservation Act (42 U.S.C. 

13 6241), except as provided in subsections (b) and (c), 

14 the Secretary of Energy shall drawdown and sell from 

15 the Strategic Petroleum Reserve— 

16 (A) the quantity of barrels of crude oil that 

17 the Secretary of Energy determines to be appro18 priate to maximize the financial return to 

19 United States taxpayers for each of fiscal years 

20 2016 and 2017; 

21 (B) 4,000,000 barrels of crude oil during 

22 fiscal year 2018; 

23 (C) 5,000,000 barrels of crude oil during 

24 fiscal year 2019; 
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1 (D) 8,000,000 barrels of crude oil during 

2 fiscal year 2020; 

3 (E) 8,000,000 barrels of crude oil during 

4 fiscal year 2021; 

5 (F) 10,000,000 barrels of crude oil during 

6 fiscal year 2022; 

7 (G) 16,000,000 barrels of crude oil during 

8 fiscal year 2023; 

9 (H) 25,000,000 barrels of crude oil during 

10 fiscal year 2024; and 

11 (I) 25,000,000 barrels of crude oil during 

12 fiscal year 2025. 

13 (2) DEPOSIT OF AMOUNTS RECEIVED FROM

14 SALE.—Amounts received from a sale under para15 graph (1) shall be deposited in the general fund of the 

16 Treasury during the fiscal year in which the sale oc17 curs. 

18 (b) EMERGENCY PROTECTION.—In any 1 fiscal year 

19 described in subsection (a)(1), the Secretary of Energy shall 

20 not drawdown and sell crude oil under this section in quan21 tities that would result in a Strategic Petroleum Reserve 

22 that contains an inventory of petroleum products rep23 resenting fewer than 90 days of emergency reserves, based 

24 on the average daily level of net imports of crude oil and 
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1 petroleum products in the calendar year preceding that fis2 cal year. 

3 (c) INCREASE; LIMITATION.— 

4 (1) INCREASE.—The Secretary of Energy may 

5 increase the drawdown and sales under subpara6 graphs (A) through (I) of subsection (a)(1) as the Sec7 retary of Energy determines to be appropriate to 

8 maximize the financial return to United States tax9 payers. 

10 (2) LIMITATION.—The Secretary of Energy shall 

11 not drawdown or conduct sales of crude oil under this 

12 section after the date on which a total of 

13 $9,050,000,000 has been deposited in the general fund 

14 of the Treasury from sales authorized under this sec15 tion. 

16 Subtitle C—Outlays 

17 SEC. 32301. INTEREST ON OVERPAYMENT. 

18 Section 111 of the Federal Oil and Gas Royalty Man19 agement Act of 1982 (30 U.S.C. 1721) is amended— 

20 (1) by striking subsections (h) and (i); 

21 (2) by redesignating subsections (j) through (l) 

22 as subsections (h) through (j), respectively; and 

23 (3) in subsection (h) (as so redesignated), by 

24 striking the fourth sentence. 
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1 DIVISION D—MISCELLANEOUS 

2 TITLE XLI—FEDERAL 

3 PERMITTING IMPROVEMENT 

4 SEC. 41001. DEFINITIONS. 

5 In this title: 

6 (1) AGENCY.—The term ‘‘agency’’ has the mean7 ing given the term in section 551 of title 5, United 

8 States Code. 

9 (2) AGENCY CERPO.—The term ‘‘agency 

10 CERPO’’ means the chief environmental review and 

11 permitting officer of an agency, as designated by the 

12 head of the agency under section 

13 41002(b)(2)(A)(iii)(I). 

14 (3) AUTHORIZATION.—The term ‘‘authorization’’ 

15 means any license, permit, approval, finding, deter16 mination, or other administrative decision issued by 

17 an agency that is required or authorized under Fed18 eral law in order to site, construct, reconstruct, or 

19 commence operations of a covered project, whether ad20 ministered by a Federal or State agency. 

21 (4) COOPERATING AGENCY.—The term ‘‘cooper22 ating agency’’ means any agency with— 

23 (A) jurisdiction under Federal law; or 

24 (B) special expertise as described in section 

25 1501.6 of title 40, Code of Federal Regulations 
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1 (as in effect on the date of enactment of this 

2 Act). 

3 (5) COUNCIL.—The term ‘‘Council’’ means the 

4 Federal Infrastructure Permitting Improvement 

5 Steering Council established under section 41002(a). 

6 (6) COVERED PROJECT.— 

7 (A) IN GENERAL.—The term ‘‘covered 

8 project’’ means any activity in the United States 

9 that requires authorization or environmental re10 view by a Federal agency involving construction 

11 of infrastructure for renewable or conventional 

12 energy production, electricity transmission, sur13 face transportation, aviation, ports and water14 ways, water resource projects, broadband, pipe15 lines, manufacturing, or any other sector as de16 termined by a majority vote of the Council 

17 that— 

18 (i)(I) is subject to NEPA; 

19 (II) is likely to require a total invest20 ment of more than $200,000,000; and 

21 (III) does not qualify for abbreviated 

22 authorization or environmental review proc23 esses under any applicable law; or 

24 (ii) is subject to NEPA and the size 

25 and complexity of which, in the opinion of 
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1 the Council, make the project likely to ben2 efit from enhanced oversight and coordina3 tion, including a project likely to require— 

4 (I) authorization from or environ5 mental review involving more than 2 

6 Federal agencies; or 

7 (II) the preparation of an envi8 ronmental impact statement under 

9 NEPA. 

10 (B) EXCLUSION.—The term ‘‘covered 

11 project’’ does not include— 

12 (i) any project subject to section 139 of 

13 title 23, United States Code; or 

14 (ii) any project subject to section 2045 

15 of the Water Resources Development Act of 

16 2007 (33 U.S.C. 2348). 

17 (7) DASHBOARD.—The term ‘‘Dashboard’’ means 

18 the Permitting Dashboard required under section 

19 41003(b). 

20 (8) ENVIRONMENTAL ASSESSMENT.—The term 

21 ‘‘environmental assessment’’ means a concise public 

22 document for which a Federal agency is responsible 

23 under section 1508.9 of title 40, Code of Federal Reg24 ulations (or successor regulations). 

25 (9) ENVIRONMENTAL DOCUMENT.— 
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1 (A) IN GENERAL.—The term ‘‘environ2 mental document’’ means an environmental as3 sessment, finding of no significant impact, notice 

4 of intent, environmental impact statement, or 

5 record of decision. 

6 (B) INCLUSIONS.—The term ‘‘environmental 

7 document’’ includes— 

8 (i) any document that is a supplement 

9 to a document described in subparagraph 

10 (A); and 

11 (ii) a document prepared pursuant to 

12 a court order. 

13 (10) ENVIRONMENTAL IMPACT STATEMENT.—The 

14 term ‘‘environmental impact statement’’ means the 

15 detailed written statement required under section 

16 102(2)(C) of NEPA. 

17 (11) ENVIRONMENTAL REVIEW.—The term ‘‘envi18 ronmental review’’ means the agency procedures and 

19 processes for applying a categorical exclusion or for 

20 preparing an environmental assessment, an environ21 mental impact statement, or other document required 

22 under NEPA. 

23 (12) EXECUTIVE DIRECTOR.—The term ‘‘Execu24 tive Director’’ means the Executive Director ap-
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1 pointed by the President under section 

2 41002(b)(1)(A). 

3 (13) FACILITATING AGENCY.—The term ‘‘facili4 tating agency’’ means the agency that receives the ini5 tial notification from the project sponsor required 

6 under section 41003(a). 

7 (14) INVENTORY.—The term ‘‘inventory’’ means 

8 the inventory of covered projects established by the 

9 Executive Director under section 41002(c)(1)(A). 

10 (15) LEAD AGENCY.—The term ‘‘lead agency’’ 

11 means the agency with principal responsibility for an 

12 environmental review of a covered project under 

13 NEPA and parts 1500 through 1508 of title 40, Code 

14 of Federal Regulations (or successor regulations). 

15 (16) NEPA.—The term ‘‘NEPA’’ means the Na16 tional Environmental Policy Act of 1969 (42 U.S.C. 

17 4321 et seq.). 

18 (17) PARTICIPATING AGENCY.—The term ‘‘par19 ticipating agency’’ means an agency participating in 

20 an environmental review or authorization for a cov21 ered project in accordance with section 41003. 

22 (18) PROJECT SPONSOR.—The term ‘‘project 

23 sponsor’’ means an entity, including any private, 

24 public, or public-private entity, seeking an authoriza25 tion for a covered project. 
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1 SEC. 41002. FEDERAL PERMITTING IMPROVEMENT COUN2 CIL. 

3 (a) ESTABLISHMENT.—There is established the Federal 

4 Permitting Improvement Steering Council. 

5 (b) COMPOSITION.— 

6 (1) CHAIR.—The Executive Director shall— 

7 (A) be appointed by the President; and 

8 (B) serve as Chair of the Council. 

9 (2) COUNCIL MEMBERS.— 

10 (A) IN GENERAL.— 

11 (i) DESIGNATION BY HEAD OF AGEN12 CY.—Each individual listed in subpara13 graph (B) shall designate a member of the 

14 agency in which the individual serves to 

15 serve on the Council. 

16 (ii) QUALIFICATIONS.—A councilmem17 ber described in clause (i) shall hold a posi18 tion in the agency of deputy secretary (or 

19 the equivalent) or higher. 

20 (iii) SUPPORT.— 

21 (I) IN GENERAL.—Consistent with 

22 guidance provided by the Director of 

23 the Office of Management and Budget, 

24 each individual listed in subparagraph 

25 (B) shall designate 1 or more appro26 priate members of the agency in which 
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•HR 22 EAH 

1 the individual serves to serve as an 

2 agency CERPO. 

3 (II) REPORTING.—In carrying 

4 out the duties of the agency CERPO 

5 under this title, an agency CERPO 

6 shall report directly to a deputy sec7 retary (or the equivalent) or higher. 

8 (B) HEADS OF AGENCIES.—The individuals 

9 that shall each designate a councilmember under 

10 this subparagraph are as follows: 

11 (i) The Secretary of Agriculture. 

12 (ii) The Secretary of the Army. 

13 (iii) The Secretary of Commerce. 

14 (iv) The Secretary of the Interior. 

15 (v) The Secretary of Energy. 

16 (vi) The Secretary of Transportation. 

17 (vii) The Secretary of Defense. 

18 (viii) The Chairman of the Federal 

19 Energy Regulatory Commission. 

20 (ix) The Chairman of the Nuclear Reg21 ulatory Commission. 

22 (x) The Secretary of Homeland Secu23 rity. 

24 (xi) The Secretary of Housing and 

25 Urban Development. 
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1 (xii) The Chairman of the Advisory 

2 Council on Historic Preservation. 

3 (xiii) Any other head of a Federal 

4 agency that the Executive Director may in5 vite to participate as a member of the 

6 Council. 

7 (3) ADDITIONAL MEMBERS.—In addition to the 

8 members listed in paragraphs (1) and (2), the Chair9 man of the Council on Environmental Quality and 

10 the Director of the Office of Management and Budget 

11 shall also be members of the Council. 

12 (c) DUTIES.— 

13 (1) EXECUTIVE DIRECTOR.— 

14 (A) INVENTORY DEVELOPMENT.—The Exec15 utive Director, in consultation with the Council, 

16 shall— 

17 (i) not later than 180 days after the 

18 date of enactment of this Act, establish an 

19 inventory of covered projects that are pend20 ing the environmental review or authoriza21 tion of the head of any Federal agency; 

22 (ii)(I) categorize the projects in the in23 ventory as appropriate, based on sector and 

24 project type; and 
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•HR 22 EAH 

1 (II) for each category, identify the 

2 types of environmental reviews and author3 izations most commonly involved; and 

4 (iii) add a covered project to the inven5 tory after receiving a notice described in 

6 section 41003(a)(1). 

7 (B) FACILITATING AGENCY DESIGNATION.— 

8 The Executive Director, in consultation with the 

9 Council, shall— 

10 (i) designate a facilitating agency for 

11 each category of covered projects described 

12 in subparagraph (A)(ii); and 

13 (ii) publish the list of designated facili14 tating agencies for each category of projects 

15 in the inventory on the Dashboard in an 

16 easily accessible format. 

17 (C) PERFORMANCE SCHEDULES.— 

18 (i) IN GENERAL.—Not later than 1 

19 year after the date of enactment of this Act, 

20 the Executive Director, in consultation with 

21 the Council, shall develop recommended per22 formance schedules, including intermediate 

23 and final completion dates, for environ24 mental reviews and authorizations most 

25 commonly required for each category of cov-
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•HR 22 EAH 

1 ered projects described in subparagraph 

2 (A)(ii). 

3 (ii) REQUIREMENTS.— 

4 (I) IN GENERAL.—The perform5 ance schedules shall reflect employment 

6 of the use of the most efficient applica7 ble processes. 

8 (II) LIMIT.— 

9 (aa) IN GENERAL.—The final 

10 completion dates in any perform11 ance schedule for the completion of 

12 an environmental review or au13 thorization under clause (i) shall 

14 not exceed the average time to 

15 complete an environmental review 

16 or authorization for a project 

17 within that category. 

18 (bb) CALCULATION OF AVER19 AGE TIME.—The average time re20 ferred to in item (aa) shall be cal21 culated on the basis of data from 

22 the preceding 2 calendar years 

23 and shall run from the period be24 ginning on the date on which the 

25 Executive Director must make a 
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•HR 22 EAH 

1 specific entry for the project on 

2 the Dashboard under section 

3 41003(b)(2) (except that, for 

4 projects initiated before that duty 

5 takes effect, the period beginning 

6 on the date of filing of a com7 pleted application), and ending 

8 on the date of the issuance of a 

9 record of decision or other final 

10 agency action on the review or 

11 authorization. 

12 (cc) COMPLETION DATE.— 

13 Each performance schedule shall 

14 specify that any decision by an 

15 agency on an environmental re16 view or authorization must be 

17 issued not later than 180 days 

18 after the date on which all infor19 mation needed to complete the re20 view or authorization (including 

21 any hearing that an agency holds 

22 on the matter) is in the possession 

23 of the agency. 

24 (iii) REVIEW AND REVISION.—Not 

25 later than 2 years after the date on which 
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•HR 22 EAH 

1 the performance schedules are established 

2 under this subparagraph, and not less fre3 quently than once every 2 years thereafter, 

4 the Executive Director, in consultation with 

5 the Council, shall review and revise the per6 formance schedules. 

7 (D) GUIDANCE.—The Executive Director, in 

8 consultation with the Council, may recommend 

9 to the Director of the Office of Management and 

10 Budget or to the Council on Environmental 

11 Quality, as appropriate, that guidance be issued 

12 as necessary for agencies— 

13 (i) to carry out responsibilities under 

14 this title; and 

15 (ii) to effectuate the adoption by agen16 cies of the best practices and recommenda17 tions of the Council described in paragraph 

18 (2). 

19 (2) COUNCIL.— 

20 (A) RECOMMENDATIONS.— 

21 (i) IN GENERAL.—The Council shall 

22 make recommendations to the Executive Di23 rector with respect to the designations under 

24 paragraph (1)(B) and the performance 

25 schedules under paragraph (1)(C). 
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1 (ii) UPDATE.—The Council may up2 date the recommendations described in 

3 clause (i). 

4 (B) BEST PRACTICES.—Not later than 1 

5 year after the date of enactment of this Act, and 

6 not less frequently than annually thereafter, the 

7 Council shall issue recommendations on the best 

8 practices for— 

9 (i) enhancing early stakeholder engage10 ment, including fully considering and, as 

11 appropriate, incorporating recommenda12 tions provided in public comments on any 

13 proposed covered project; 

14 (ii) ensuring timely decisions regard15 ing environmental reviews and authoriza16 tions, including through the development of 

17 performance metrics; 

18 (iii) improving coordination between 

19 Federal and non-Federal governmental enti20 ties, including through the development of 

21 common data standards and terminology 

22 across agencies; 

23 (iv) increasing transparency; 

24 (v) reducing information collection re25 quirements and other administrative bur-
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•HR 22 EAH 

1 dens on agencies, project sponsors, and other 

2 interested parties; 

3 (vi) developing and making available 

4 to applicants appropriate geographic infor5 mation systems and other tools; 

6 (vii) creating and distributing train7 ing materials useful to Federal, State, trib8 al, and local permitting officials; and 

9 (viii) addressing other aspects of infra10 structure permitting, as determined by the 

11 Council. 

12 (3) AGENCY CERPOS.—An agency CERPO 

13 shall— 

14 (A) advise the respective agency 

15 councilmember on matters related to environ16 mental reviews and authorizations; 

17 (B) provide technical support, when re18 quested to facilitate efficient and timely processes 

19 for environmental reviews and authorizations for 

20 covered projects under the jurisdictional respon21 sibility of the agency, including supporting time22 ly identification and resolution of potential dis23 putes within the agency or between the agency 

24 and other Federal agencies; 
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1 (C) analyze agency environmental review 

2 and authorization processes, policies, and au3 thorities and make recommendations to the re4 spective agency councilmember for ways to 

5 standardize, simplify, and improve the efficiency 

6 of the processes, policies, and authorities, includ7 ing by implementing guidance issued under 

8 paragraph (1)(D) and other best practices, in9 cluding the use of information technology and 

10 geographic information system tools within the 

11 agency and across agencies, to the extent con12 sistent with existing law; and 

13 (D) review and develop training programs 

14 for agency staff that support and conduct envi15 ronmental reviews or authorizations. 

16 (d) ADMINISTRATIVE SUPPORT.—The Director of the 

17 Office of Management and Budget shall designate a Federal 

18 agency, other than an agency that carries out or provides 

19 support for projects that are not covered projects, to provide 

20 administrative support for the Executive Director, and the 

21 designated agency shall, as reasonably necessary, provide 

22 support and staff to enable the Executive Director to fulfill 

23 the duties of the Executive Director under this title. 
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1 SEC. 41003. PERMITTING PROCESS IMPROVEMENT. 

2 (a) PROJECT INITIATION AND DESIGNATION OF PAR3 TICIPATING AGENCIES.— 

4 (1) NOTICE.— 

5 (A) IN GENERAL.—A project sponsor of a 

6 covered project shall submit to the Executive Di7 rector and the facilitating agency notice of the 

8 initiation of a proposed covered project. 

9 (B) DEFAULT DESIGNATION.—If, at the 

10 time of submission of the notice under subpara11 graph (A), the Executive Director has not des12 ignated a facilitating agency under section 

13 41002(c)(1)(B) for the categories of projects no14 ticed, the agency that receives the notice under 

15 subparagraph (A) shall be designated as the fa16 cilitating agency. 

17 (C) CONTENTS.—Each notice described in 

18 subparagraph (A) shall include— 

19 (i) a statement of the purposes and ob20 jectives of the proposed project; 

21 (ii) a concise description, including the 

22 general location of the proposed project and 

23 a summary of geospatial information, if 

24 available, illustrating the project area and 

25 the locations, if any, of environmental, cul26 tural, and historic resources; 
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•HR 22 EAH 

1 (iii) a statement regarding the tech2 nical and financial ability of the project 

3 sponsor to construct the proposed project; 

4 (iv) a statement of any Federal financ5 ing, environmental reviews, and authoriza6 tions anticipated to be required to complete 

7 the proposed project; and 

8 (v) an assessment that the proposed 

9 project meets the definition of a covered 

10 project under section 41001 and a statement 

11 of reasons supporting the assessment. 

12 (2) INVITATION.— 

13 (A) IN GENERAL.—Not later than 45 days 

14 after the date on which the Executive Director 

15 must make a specific entry for the project on the 

16 Dashboard under subsection (b)(2)(A), the facili17 tating agency or lead agency, as applicable, 

18 shall— 

19 (i) identify all Federal and non-Fed20 eral agencies and governmental entities like21 ly to have financing, environmental review, 

22 authorization, or other responsibilities with 

23 respect to the proposed project; and 

24 (ii) invite all Federal agencies identi25 fied under clause (i) to become a partici-
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•HR 22 EAH 

1 pating agency or a cooperating agency, as 

2 appropriate, in the environmental review 

3 and authorization management process de4 scribed in section 41005. 

5 (B) DEADLINES.—Each invitation made 

6 under subparagraph (A) shall include a deadline 

7 for a response to be submitted to the facilitating 

8 or lead agency, as applicable. 

9 (3) PARTICIPATING AND COOPERATING AGEN10 CIES.— 

11 (A) IN GENERAL.—An agency invited under 

12 paragraph (2) shall be designated as a partici13 pating or cooperating agency for a covered 

14 project, unless the agency informs the facilitating 

15 or lead agency, as applicable, in writing before 

16 the deadline under paragraph (2)(B) that the 

17 agency— 

18 (i) has no jurisdiction or authority 

19 with respect to the proposed project; or 

20 (ii) does not intend to exercise author21 ity related to, or submit comments on, the 

22 proposed project. 

23 (B) CHANGED CIRCUMSTANCES.—On re24 quest and a showing of changed circumstances, 

25 the Executive Director may designate an agency 
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•HR 22 EAH 

1 that has opted out under subparagraph (A)(ii) to 

2 be a participating or cooperating agency, as ap3 propriate. 

4 (4) EFFECT OF DESIGNATION.—The designation 

5 described in paragraph (3) shall not— 

6 (A) give the participating agency authority 

7 or jurisdiction over the covered project; or 

8 (B) expand any jurisdiction or authority a 

9 cooperating agency may have over the proposed 

10 project. 

11 (5) LEAD AGENCY DESIGNATION.— 

12 (A) IN GENERAL.—On establishment of the 

13 lead agency, the lead agency shall assume the re14 sponsibilities of the facilitating agency under 

15 this title. 

16 (B) REDESIGNATION OF FACILITATING

17 AGENCY.—If the lead agency assumes the respon18 sibilities of the facilitating agency under sub19 paragraph (A), the facilitating agency may be 

20 designated as a cooperative or participating 

21 agency. 

22 (6) CHANGE OF FACILITATING OR LEAD AGEN23 CY.— 

24 (A) IN GENERAL.—On the request of a par25 ticipating agency or project sponsor, the Execu-
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•HR 22 EAH 

1 tive Director may designate a different agency as 

2 the facilitating or lead agency, as applicable, for 

3 a covered project, if the facilitating or lead agen4 cy or the Executive Director receives new infor5 mation regarding the scope or nature of a cov6 ered project that indicates that the project should 

7 be placed in a different category under section 

8 41002(c)(1)(B). 

9 (B) RESOLUTION OF DISPUTE.—The Execu10 tive Director shall resolve any dispute over des11 ignation of a facilitating or lead agency for a 

12 particular covered project. 

13 (b) PERMITTING DASHBOARD.— 

14 (1) REQUIREMENT TO MAINTAIN.— 

15 (A) IN GENERAL.—The Executive Director, 

16 in coordination with the Administrator of Gen17 eral Services, shall maintain an online database 

18 to be known as the ‘‘Permitting Dashboard’’ to 

19 track the status of Federal environmental reviews 

20 and authorizations for any covered project in the 

21 inventory described in section 41002(c)(1)(A). 

22 (B) SPECIFIC AND SEARCHABLE ENTRY.— 

23 The Dashboard shall include a specific and 

24 searchable entry for each covered project. 

25 (2) ADDITIONS.— 
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1 (A) IN GENERAL.— 

2 (i) EXISTING PROJECTS.—Not later 

3 than 14 days after the date on which the 

4 Executive Director adds a project to the in5 ventory under section 41002(c)(1)(A), the 

6 Executive Director shall create a specific 

7 entry on the Dashboard for the covered 

8 project. 

9 (ii) NEW PROJECTS.—Not later than 

10 14 days after the date on which the Execu11 tive Director receives a notice under sub12 section (a)(1), the Executive Director shall 

13 create a specific entry on the Dashboard for 

14 the covered project, unless the Executive Di15 rector, facilitating agency, or lead agency, 

16 as applicable, determines that the project is 

17 not a covered project. 

18 (B) EXPLANATION.—If the facilitating 

19 agency or lead agency, as applicable, determines 

20 that the project is not a covered project, the 

21 project sponsor may submit a further expla22 nation as to why the project is a covered project 

23 not later than 14 days after the date of the deter24 mination under subparagraph (A). 
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•HR 22 EAH 

1 (C) FINAL DETERMINATION.—Not later than 

2 14 days after receiving an explanation described 

3 in subparagraph (B), the Executive Director 

4 shall— 

5 (i) make a final and conclusive deter6 mination as to whether the project is a cov7 ered project; and 

8 (ii) if the Executive Director deter9 mines that the project is a covered project, 

10 create a specific entry on the Dashboard for 

11 the covered project. 

12 (3) POSTINGS BY AGENCIES.— 

13 (A) IN GENERAL.—For each covered project 

14 added to the Dashboard under paragraph (2), 

15 the facilitating or lead agency, as applicable, 

16 and each cooperating and participating agency 

17 shall post to the Dashboard— 

18 (i) a hyperlink that directs to a website 

19 that contains, to the extent consistent with 

20 applicable law— 

21 (I) the notification submitted 

22 under subsection (a)(1); 

23 (II)(aa) where practicable, the ap24 plication and supporting documents, if 

25 applicable, that have been submitted by 
741 

•HR 22 EAH 

1 a project sponsor for any required en2 vironmental review or authorization; 

3 or 

4 (bb) a notice explaining how the 

5 public may obtain access to such docu6 ments; 

7 (III) a description of any Federal 

8 agency action taken or decision made 

9 that materially affects the status of a 

10 covered project; 

11 (IV) any significant document 

12 that supports the action or decision de13 scribed in subclause (III); and 

14 (V) a description of the status of 

15 any litigation to which the agency is a 

16 party that is directly related to the 

17 project, including, if practicable, any 

18 judicial document made available on 

19 an electronic docket maintained by a 

20 Federal, State, or local court; and 

21 (ii) any document described in clause 

22 (i) that is not available by hyperlink on an23 other website. 

24 (B) DEADLINE.—The information described 

25 in subparagraph (A) shall be posted to the 
742 

•HR 22 EAH 

1 website made available by hyperlink on the 

2 Dashboard not later than 5 business days after 

3 the date on which the Federal agency receives the 

4 information. 

5 (4) POSTINGS BY THE EXECUTIVE DIRECTOR.— 

6 The Executive Director shall publish to the Dash7 board— 

8 (A) the permitting timetable established 

9 under subparagraph (A) or (C) of subsection 

10 (c)(2); 

11 (B) the status of the compliance of each 

12 agency with the permitting timetable; 

13 (C) any modifications of the permitting 

14 timetable; 

15 (D) an explanation of each modification de16 scribed in subparagraph (C); and 

17 (E) any memorandum of understanding es18 tablished under subsection (c)(3)(B). 

19 (c) COORDINATION AND TIMETABLES.— 

20 (1) COORDINATED PROJECT PLAN.— 

21 (A) IN GENERAL.—Not later than 60 days 

22 after the date on which the Executive Director 

23 must make a specific entry for the project on the 

24 Dashboard under subsection (b)(2)(A), the facili25 tating or lead agency, as applicable, in consulta-
743 

•HR 22 EAH 

1 tion with each coordinating and participating 

2 agency, shall establish a concise plan for coordi3 nating public and agency participation in, and 

4 completion of, any required Federal environ5 mental review and authorization for the project. 

6 (B) REQUIRED INFORMATION.—The Coordi7 nated Project Plan shall include the following in8 formation and be updated by the facilitating or 

9 lead agency, as applicable, at least once per 

10 quarter: 

11 (i) A list of, and roles and responsibil12 ities for, all entities with environmental re13 view or authorization responsibility for the 

14 project. 

15 (ii) A permitting timetable, as de16 scribed in paragraph (2), setting forth a 

17 comprehensive schedule of dates by which all 

18 environmental reviews and authorizations, 

19 and to the maximum extent practicable, 

20 State permits, reviews and approvals must 

21 be made. 

22 (iii) A discussion of potential avoid23 ance, minimization, and mitigation strate24 gies, if required by applicable law and 

25 known. 
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•HR 22 EAH 

1 (iv) Plans and a schedule for public 

2 and tribal outreach and coordination, to the 

3 extent required by applicable law. 

4 (C) MEMORANDUM OF UNDERSTANDING.— 

5 The coordinated project plan described in sub6 paragraph (A) may be incorporated into a 

7 memorandum of understanding. 

8 (2) PERMITTING TIMETABLE.— 

9 (A) ESTABLISHMENT.— 

10 (i) IN GENERAL.—As part of the co11 ordination project plan under paragraph 

12 (1), the facilitating or lead agency, as ap13 plicable, in consultation with each cooper14 ating and participating agency, the project 

15 sponsor, and any State in which the project 

16 is located, shall establish a permitting time17 table that includes intermediate and final 

18 completion dates for action by each partici19 pating agency on any Federal environ20 mental review or authorization required for 

21 the project. 

22 (ii) CONSENSUS.—In establishing a 

23 permitting timetable under clause (i), each 

24 agency shall, to the maximum extent prac25 ticable, make efforts to reach a consensus. 
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•HR 22 EAH 

1 (B) FACTORS FOR CONSIDERATION.—In es2 tablishing the permitting timetable under sub3 paragraph (A), the facilitating or lead agency 

4 shall follow the performance schedules established 

5 under section 41002(c)(1)(C), but may vary the 

6 timetable based on relevant factors, including— 

7 (i) the size and complexity of the cov8 ered project; 

9 (ii) the resources available to each par10 ticipating agency; 

11 (iii) the regional or national economic 

12 significance of the project; 

13 (iv) the sensitivity of the natural or 

14 historic resources that may be affected by 

15 the project; 

16 (v) the financing plan for the project; 

17 and 

18 (vi) the extent to which similar 

19 projects in geographic proximity to the 

20 project were recently subject to environ21 mental review or similar procedures under 

22 State law. 

23 (C) DISPUTE RESOLUTION.— 

24 (i) IN GENERAL.—The Executive Di25 rector, in consultation with appropriate 
746 

•HR 22 EAH 

1 agency CERPOs and the project sponsor, 

2 shall, as necessary, mediate any disputes re3 garding the permitting timetable established 

4 under subparagraph (A). 

5 (ii) DISPUTES.—If a dispute remains 

6 unresolved 30 days after the date on which 

7 the dispute was submitted to the Executive 

8 Director, the Director of the Office of Man9 agement and Budget, in consultation with 

10 the Chairman of the Council on Environ11 mental Quality, shall facilitate a resolution 

12 of the dispute and direct the agencies party 

13 to the dispute to resolve the dispute by the 

14 end of the 60-day period beginning on the 

15 date of submission of the dispute to the Ex16 ecutive Director. 

17 (iii) FINAL RESOLUTION.—Any action 

18 taken by the Director of the Office of Man19 agement and Budget in the resolution of a 

20 dispute under clause (ii) shall— 

21 (I) be final and conclusive; and 

22 (II) not be subject to judicial re23 view. 

24 (D) MODIFICATION AFTER APPROVAL.— 
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•HR 22 EAH 

1 (i) IN GENERAL.—The facilitating or 

2 lead agency, as applicable, may modify a 

3 permitting timetable established under sub4 paragraph (A) only if— 

5 (I) the facilitating or lead agency, 

6 as applicable, and the affected cooper7 ating agencies, after consultation with 

8 the participating agencies and the 

9 project sponsor, agree to a different 

10 completion date; 

11 (II) the facilitating agency or lead 

12 agency, as applicable, or the affected 

13 cooperating agency provides a written 

14 justification for the modification; and 

15 (III) in the case of a modification 

16 that would necessitate an extension of 

17 a final completion date under a per18 mitting timetable established under 

19 subparagraph (A) to a date more than 

20 30 days after the final completion date 

21 originally established under subpara22 graph (A), the facilitating or lead 

23 agency submits a request to modify the 

24 permitting timetable to the Executive 

25 Director, who shall consult with the 
748 

•HR 22 EAH 

1 project sponsor and make a determina2 tion on the record, based on consider3 ation of the relevant factors described 

4 under subparagraph (B), whether to 

5 grant the facilitating or lead agency, 

6 as applicable, authority to make such 

7 modification. 

8 (ii) COMPLETION DATE.—A completion 

9 date in the permitting timetable may not be 

10 modified within 30 days of the completion 

11 date. 

12 (iii) LIMITATION ON LENGTH OF MODI13 FICATIONS.— 

14 (I) IN GENERAL.—Except as pro15 vided in subclause (II), the total length 

16 of all modifications to a permitting 

17 timetable authorized or made under 

18 this subparagraph, other than for rea19 sons outside the control of Federal, 

20 State, local, or tribal governments, 

21 may not extend the permitting time22 table for a period of time greater than 

23 half of the amount of time from the es24 tablishment of the permitting timetable 

25 under subparagraph (A) to the last 
749 

•HR 22 EAH 

1 final completion date originally estab2 lished under subparagraph (A). 

3 (II) ADDITIONAL EXTENSIONS.— 

4 The Director of the Office of Manage5 ment and Budget, after consultation 

6 with the project sponsor, may permit 

7 the Executive Director to authorize ad8 ditional extensions of a permitting 

9 timetable beyond the limit prescribed 

10 by subclause (I). In such a case, the 

11 Director of the Office of Management 

12 and Budget shall transmit, not later 

13 than 5 days after making a determina14 tion to permit an authorization of ex15 tension under this subclause, a report 

16 to Congress explaining why such modi17 fication is required. Such report shall 

18 explain to Congress with specificity 

19 why the original permitting timetable 

20 and the modifications authorized by 

21 the Executive Director failed to be ade22 quate. The lead or facilitating agency, 

23 as applicable, shall transmit to Con24 gress, the Director of the Office of Man25 agement and Budget, and the Execu-
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•HR 22 EAH 

1 tive Director a supplemental report on 

2 progress toward the final completion 

3 date each year thereafter, until the per4 mit review is completed or the project 

5 sponsor withdraws its notice or appli6 cation or other request to which this 

7 title applies under section 41010. 

8 (iv) LIMITATION ON JUDICIAL RE9 VIEW.—The following shall not be subject to 

10 judicial review: 

11 (I) A determination by the Execu12 tive Director under clause (i)(III). 

13 (II) A determination under clause 

14 (iii)(II) by the Director of the Office of 

15 Management and Budget to permit the 

16 Executive Director to authorize exten17 sions of a permitting timetable. 

18 (E) CONSISTENCY WITH OTHER TIME PERI19 ODS.—A permitting timetable established under 

20 subparagraph (A) shall be consistent with any 

21 other relevant time periods established under 

22 Federal law and shall not prevent any cooper23 ating or participating agency from discharging 

24 any obligation under Federal law in connection 

25 with the project. 
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•HR 22 EAH 

1 (F) CONFORMING TO PERMITTING TIME2 TABLES.— 

3 (i) IN GENERAL.—Each Federal agency 

4 shall conform to the completion dates set 

5 forth in the permitting timetable established 

6 under subparagraph (A), or with any com7 pletion date modified under subparagraph 

8 (D). 

9 (ii) FAILURE TO CONFORM.—If a Fed10 eral agency fails to conform with a comple11 tion date for agency action on a covered 

12 project or is at significant risk of failing to 

13 conform with such a completion date, the 

14 agency shall— 

15 (I) promptly submit to the Execu16 tive Director for publication on the 

17 Dashboard an explanation of the spe18 cific reasons for failing or significantly 

19 risking failing to conform to the com20 pletion date and a proposal for an al21 ternative completion date; 

22 (II) in consultation with the fa23 cilitating or lead agency, as applicable, 

24 establish an alternative completion 

25 date; and 
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•HR 22 EAH 

1 (III) each month thereafter until 

2 the agency has taken final action on 

3 the delayed authorization or review, 

4 submit to the Executive Director for 

5 posting on the Dashboard a status re6 port describing any agency activity re7 lated to the project. 

8 (G) ABANDONMENT OF COVERED

9 PROJECT.— 

10 (i) IN GENERAL.—If the facilitating or 

11 lead agency, as applicable, has a reasonable 

12 basis to doubt the continuing technical or 

13 financial ability of the project sponsor to 

14 construct the covered project, the facilitating 

15 or lead agency may request the project 

16 sponsor provide an updated statement re17 garding the ability of the project sponsor to 

18 complete the project. 

19 (ii) FAILURE TO RESPOND.—If the 

20 project sponsor fails to respond to a request 

21 described in clause (i) by the date that is 30 

22 days after receiving the request, the lead or 

23 facilitating agency, as applicable, shall no24 tify the Executive Director, who shall pub-
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•HR 22 EAH 

1 lish an appropriate notice on the Dash2 board. 

3 (iii) PUBLICATION TO DASHBOARD.— 

4 On publication of a notice under clause (ii), 

5 the completion dates in the permitting time6 table shall be tolled and agencies shall be re7 lieved of the obligation to comply with sub8 paragraph (F) until such time as the 

9 project sponsor submits to the facilitating or 

10 lead agency, as applicable, an updated 

11 statement regarding the technical and fi12 nancial ability of the project sponsor to con13 struct the project. 

14 (3) COOPERATING STATE, LOCAL, OR TRIBAL

15 GOVERNMENTS.— 

16 (A) STATE AUTHORITY.—If the Federal en17 vironmental review is being implemented within 

18 the boundaries of a State, the State, consistent 

19 with State law, may choose to participate in the 

20 environmental review and authorization process 

21 under this subsection and to make subject to the 

22 process all State agencies that— 

23 (i) have jurisdiction over the covered 

24 project; 
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•HR 22 EAH 

1 (ii) are required to conduct or issue a 

2 review, analysis, opinion, or statement for 

3 the covered project; or 

4 (iii) are required to make a determina5 tion on issuing a permit, license, or other 

6 approval or decision for the covered project. 

7 (B) COORDINATION.—To the maximum ex8 tent practicable under applicable law, the facili9 tating or lead agency, as applicable, shall coordi10 nate the Federal environmental review and au11 thorization processes under this subsection with 

12 any State, local, or tribal agency responsible for 

13 conducting any separate review or authorization 

14 of the covered project to ensure timely and effi15 cient completion of environmental reviews and 

16 authorizations. 

17 (C) MEMORANDUM OF UNDERSTANDING.— 

18 (i) IN GENERAL.—Any coordination 

19 plan between the facilitating or lead agency, 

20 as applicable, and any State, local, or trib21 al agency shall, to the maximum extent 

22 practicable, be included in a memorandum 

23 of understanding. 

24 (ii) SUBMISSION TO EXECUTIVE DIREC25 TOR.—The facilitating or lead agency, as 
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•HR 22 EAH 

1 applicable, shall submit to the Executive 

2 Director each memorandum of under3 standing described in clause (i). 

4 (d) EARLY CONSULTATION.—The facilitating or lead 

5 agency, as applicable, shall provide an expeditious process 

6 for project sponsors to confer with each cooperating and 

7 participating agency involved and, not later than 60 days 

8 after the date on which the project sponsor submits a request 

9 under this subsection, to have each such agency provide to 

10 the project sponsor information concerning— 

11 (1) the availability of information and tools, in12 cluding pre-application toolkits, to facilitate early 

13 planning efforts; 

14 (2) key issues of concern to each agency and to 

15 the public; and 

16 (3) issues that must be addressed before an envi17 ronmental review or authorization can be completed. 

18 (e) COOPERATING AGENCY.— 

19 (1) IN GENERAL.—A lead agency may designate 

20 a participating agency as a cooperating agency in 

21 accordance with part 1501 of title 40, Code of Federal 

22 Regulations (or successor regulations). 

23 (2) EFFECT ON OTHER DESIGNATION.—The des24 ignation described in paragraph (1) shall not affect 

25 any designation under subsection (a)(3). 
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•HR 22 EAH 

1 (3) LIMITATION ON DESIGNATION.—Any agency 

2 not designated as a participating agency under sub3 section (a)(3) shall not be designated as a cooperating 

4 agency under paragraph (1). 

5 (f) REPORTING STATUS OF OTHER PROJECTS ON

6 DASHBOARD.— 

7 (1) IN GENERAL.—On request of the Executive 

8 Director, the Secretary and the Secretary of the Army 

9 shall use best efforts to provide information for inclu10 sion on the Dashboard on projects subject to section 

11 139 of title 23, United States Code, and section 2045 

12 of the Water Resources Development Act of 2007 (33 

13 U.S.C. 2348) likely to require— 

14 (A) a total investment of more than 

15 $200,000,000; and 

16 (B) an environmental impact statement 

17 under NEPA. 

18 (2) EFFECT OF INCLUSION ON DASHBOARD.—In19 clusion on the Dashboard of information regarding 

20 projects subject to section 139 of title 23, United 

21 States Code, or section 2045 of the Water Resources 

22 Development Act of 2007 (33 U.S.C. 2348) shall not 

23 subject those projects to any requirements of this title. 
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•HR 22 EAH 

1 SEC. 41004. INTERSTATE COMPACTS. 

2 (a) IN GENERAL.—The consent of Congress is given 

3 for 3 or more contiguous States to enter into an interstate 

4 compact establishing regional infrastructure development 

5 agencies to facilitate authorization and review of covered 

6 projects, under State law or in the exercise of delegated per7 mitting authority described under section 41006, that will 

8 advance infrastructure development, production, and gen9 eration within the States that are parties to the compact. 

10 (b) REGIONAL INFRASTRUCTURE.—For the purpose of 

11 this title, a regional infrastructure development agency re12 ferred to in subsection (a) shall have the same authorities 

13 and responsibilities of a State agency. 

14 SEC. 41005. COORDINATION OF REQUIRED REVIEWS. 

15 (a) CONCURRENT REVIEWS.—To integrate environ16 mental reviews and authorizations, each agency shall, to the 

17 maximum extent practicable— 

18 (1) carry out the obligations of the agency with 

19 respect to a covered project under any other applica20 ble law concurrently, and in conjunction with, other 

21 environmental reviews and authorizations being con22 ducted by other cooperating or participating agencies, 

23 including environmental reviews and authorizations 

24 required under NEPA, unless the agency determines 

25 that doing so would impair the ability of the agency 
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•HR 22 EAH 

1 to carry out the statutory obligations of the agency; 

2 and 

3 (2) formulate and implement administrative, 

4 policy, and procedural mechanisms to enable the 

5 agency to ensure completion of the environmental re6 view process in a timely, coordinated, and environ7 mentally responsible manner. 

8 (b) ADOPTION, INCORPORATION BY REFERENCE, AND

9 USE OF DOCUMENTS.— 

10 (1) STATE ENVIRONMENTAL DOCUMENTS; SUP11 PLEMENTAL DOCUMENTS.— 

12 (A) USE OF EXISTING DOCUMENTS.— 

13 (i) IN GENERAL.—On the request of a 

14 project sponsor, a lead agency shall consider 

15 and, as appropriate, adopt or incorporate 

16 by reference, the analysis and documenta17 tion that has been prepared for a covered 

18 project under State laws and procedures as 

19 the documentation, or part of the docu20 mentation, required to complete an environ21 mental review for the covered project, if the 

22 analysis and documentation were, as deter23 mined by the lead agency in consultation 

24 with the Council on Environmental Qual25 ity, prepared under circumstances that al-
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•HR 22 EAH 

1 lowed for opportunities for public participa2 tion and consideration of alternatives and 

3 environmental consequences that are sub4 stantially equivalent to what would have 

5 been available had the documents and anal6 ysis been prepared by a Federal agency 

7 pursuant to NEPA. 

8 (ii) GUIDANCE BY CEQ.—The Council 

9 on Environmental Quality may issue guid10 ance to carry out this subsection. 

11 (B) NEPA OBLIGATIONS.—An environ12 mental document adopted under subparagraph 

13 (A) or a document that includes documentation 

14 incorporated under subparagraph (A) may serve 

15 as the documentation required for an environ16 mental review or a supplemental environmental 

17 review required to be prepared by a lead agency 

18 under NEPA. 

19 (C) SUPPLEMENTATION OF STATE DOCU20 MENTS.—If the lead agency adopts or incor21 porates analysis and documentation described in 

22 subparagraph (A), the lead agency shall prepare 

23 and publish a supplemental document if the lead 

24 agency determines that during the period after 
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•HR 22 EAH 

1 preparation of the analysis and documentation 

2 and before the adoption or incorporation— 

3 (i) a significant change has been made 

4 to the covered project that is relevant for 

5 purposes of environmental review of the 

6 project; or 

7 (ii) there has been a significant cir8 cumstance or new information has emerged 

9 that is relevant to the environmental review 

10 for the covered project. 

11 (D) COMMENTS.—If a lead agency prepares 

12 and publishes a supplemental document under 

13 subparagraph (C), the lead agency shall solicit 

14 comments from other agencies and the public on 

15 the supplemental document for a period of not 

16 more than 45 days, beginning on the date on 

17 which the supplemental document is published, 

18 unless— 

19 (i) the lead agency, the project sponsor, 

20 and any cooperating agency agree to a 

21 longer deadline; or 

22 (ii) the lead agency extends the dead23 line for good cause. 

24 (E) NOTICE OF OUTCOME OF ENVIRON25 MENTAL REVIEW.—A lead agency shall issue a 
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•HR 22 EAH 

1 record of decision or finding of no significant 

2 impact, as appropriate, based on the document 

3 adopted under subparagraph (A) and any sup4 plemental document prepared under subpara5 graph (C). 

6 (c) ALTERNATIVES ANALYSIS.— 

7 (1) PARTICIPATION.—As early as practicable 

8 during the environmental review, but not later than 

9 the commencement of scoping for a project requiring 

10 the preparation of an environmental impact state11 ment, the lead agency, in consultation with each co12 operating agency, shall determine the range of reason13 able alternatives to be considered for a covered project. 

14 (2) RANGE OF ALTERNATIVES.— 

15 (A) IN GENERAL.—Following participation 

16 under paragraph (1) and subject to subpara17 graph (B), the lead agency shall determine the 

18 range of reasonable alternatives for consideration 

19 in any document that the lead agency is respon20 sible for preparing for the covered project. 

21 (B) ALTERNATIVES REQUIRED BY LAW.—In 

22 determining the range of alternatives under sub23 paragraph (A), the lead agency shall include all 

24 alternatives required to be considered by law. 

25 (3) METHODOLOGIES.— 
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•HR 22 EAH 

1 (A) IN GENERAL.—The lead agency shall 

2 determine, in collaboration with each cooper3 ating agency at appropriate times during the en4 vironmental review, the methodologies to be used 

5 and the level of detail required in the analysis 

6 of each alternative for a covered project. 

7 (B) ENVIRONMENTAL REVIEW.—A cooper8 ating agency shall use the methodologies referred 

9 to in subparagraph (A) when conducting any re10 quired environmental review, to the extent con11 sistent with existing law. 

12 (4) PREFERRED ALTERNATIVE.—With the con13 currence of the cooperating agencies with jurisdiction 

14 under Federal law and at the discretion of the lead 

15 agency, the preferred alternative for a project, after 

16 being identified, may be developed to a higher level of 

17 detail than other alternatives to facilitate the develop18 ment of mitigation measures or concurrent compli19 ance with other applicable laws if the lead agency de20 termines that the development of the higher level of 

21 detail will not prevent— 

22 (A) the lead agency from making an impar23 tial decision as to whether to accept another al24 ternative that is being considered in the environ25 mental review; and 
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•HR 22 EAH 

1 (B) the public from commenting on the pre2 ferred and other alternatives. 

3 (d) ENVIRONMENTAL REVIEW COMMENTS.— 

4 (1) COMMENTS ON DRAFT ENVIRONMENTAL IM5 PACT STATEMENT.—For comments by an agency or 

6 the public on a draft environmental impact state7 ment, the lead agency shall establish a comment pe8 riod of not less than 45 days and not more than 60 

9 days after the date on which a notice announcing 

10 availability of the environmental impact statement is 

11 published in the Federal Register, unless— 

12 (A) the lead agency, the project sponsor, 

13 and any cooperating agency agree to a longer 

14 deadline; or 

15 (B) the lead agency, in consultation with 

16 each cooperating agency, extends the deadline for 

17 good cause. 

18 (2) OTHER REVIEW AND COMMENT PERIODS.— 

19 For all other review or comment periods in the envi20 ronmental review process described in parts 1500 

21 through 1508 of title 40, Code of Federal Regulations 

22 (or successor regulations), the lead agency shall estab23 lish a comment period of not more than 45 days after 

24 the date on which the materials on which comment is 

25 requested are made available, unless— 
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•HR 22 EAH 

1 (A) the lead agency, the project sponsor, 

2 and any cooperating agency agree to a longer 

3 deadline; or 

4 (B) the lead agency extends the deadline for 

5 good cause. 

6 (e) ISSUE IDENTIFICATION AND RESOLUTION.— 

7 (1) COOPERATION.—The lead agency and each 

8 cooperating and participating agency shall work co9 operatively in accordance with this section to identify 

10 and resolve issues that could delay completion of an 

11 environmental review or an authorization required 

12 for the project under applicable law or result in the 

13 denial of any approval under applicable law. 

14 (2) LEAD AGENCY RESPONSIBILITIES.— 

15 (A) IN GENERAL.—The lead agency shall 

16 make information available to each cooperating 

17 and participating agency and project sponsor as 

18 early as practicable in the environmental review 

19 regarding the environmental, historic, and socio20 economic resources located within the project 

21 area and the general locations of the alternatives 

22 under consideration. 

23 (B) SOURCES OF INFORMATION.—The infor24 mation described in subparagraph (A) may be 
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•HR 22 EAH 

1 based on existing data sources, including geo2 graphic information systems mapping. 

3 (3) COOPERATING AND PARTICIPATING AGENCY

4 RESPONSIBILITIES.—Each cooperating and partici5 pating agency shall— 

6 (A) identify, as early as practicable, any 

7 issues of concern regarding any potential envi8 ronmental impacts of the covered project, includ9 ing any issues that could substantially delay or 

10 prevent an agency from completing any environ11 mental review or authorization required for the 

12 project; and 

13 (B) communicate any issues described in 

14 subparagraph (A) to the project sponsor. 

15 (f) CATEGORIES OF PROJECTS.—The authorities 

16 granted under this section may be exercised for an indi17 vidual covered project or a category of covered projects. 

18 SEC. 41006. DELEGATED STATE PERMITTING PROGRAMS. 

19 (a) IN GENERAL.—If a Federal statute permits a Fed20 eral agency to delegate to or otherwise authorize a State 

21 to issue or otherwise administer a permit program in lieu 

22 of the Federal agency, the Federal agency with authority 

23 to carry out the statute shall— 

24 (1) on publication by the Council of best prac25 tices under section 41002(c)(2)(B), initiate a national 
766 

•HR 22 EAH 

1 process, with public participation, to determine 

2 whether and the extent to which any of the best prac3 tices are generally applicable on a delegation- or au4 thorization-wide basis to permitting under the stat5 ute; and 

6 (2) not later than 2 years after the date of enact7 ment of this Act, make model recommendations for 

8 State modifications of the applicable permit program 

9 to reflect the best practices described in section 

10 41002(c)(2)(B), as appropriate. 

11 (b) BEST PRACTICES.—Lead and cooperating agencies 

12 may share with State, tribal, and local authorities best 

13 practices involved in review of covered projects and invite 

14 input from State, tribal, and local authorities regarding 

15 best practices. 

16 SEC. 41007. LITIGATION, JUDICIAL REVIEW, AND SAVINGS 

17 PROVISION. 

18 (a) LIMITATIONS ON CLAIMS.— 

19 (1) IN GENERAL.—Notwithstanding any other 

20 provision of law, a claim arising under Federal law 

21 seeking judicial review of any authorization issued by 

22 a Federal agency for a covered project shall be barred 

23 unless— 

24 (A) the action is filed not later than 2 years 

25 after the date of publication in the Federal Reg-
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•HR 22 EAH 

1 ister of the final record of decision or approval 

2 or denial of a permit, unless a shorter time is 

3 specified in the Federal law under which judicial 

4 review is allowed; and 

5 (B) in the case of an action pertaining to 

6 an environmental review conducted under 

7 NEPA— 

8 (i) the action is filed by a party that 

9 submitted a comment during the environ10 mental review or a party that lacked a rea11 sonable opportunity to submit a comment; 

12 and 

13 (ii) a party filed a sufficiently detailed 

14 comment so as to put the lead agency on 

15 notice of the issue on which the party seeks 

16 judicial review. 

17 (2) NEW INFORMATION.— 

18 (A) IN GENERAL.—The head of a lead agen19 cy or participating agency shall consider new 

20 information received after the close of a comment 

21 period if the information satisfies the require22 ments under regulations implementing NEPA. 

23 (B) SEPARATE ACTION.—If Federal law re24 quires the preparation of a supplemental envi25 ronmental impact statement or other supple-
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1 mental environmental document, the preparation 

2 of such document shall be considered a separate 

3 final agency action and the deadline for filing a 

4 claim for judicial review of the agency action 

5 shall be 2 years after the date on which a notice 

6 announcing the final agency action is published 

7 in the Federal Register, unless a shorter time is 

8 specified in the Federal law under which judicial 

9 review is allowed. 

10 (3) RULE OF CONSTRUCTION.—Nothing in this 

11 subsection creates a right to judicial review or places 

12 any limit on filing a claim that a person has violated 

13 the terms of an authorization. 

14 (b) PRELIMINARY INJUNCTIVE RELIEF.—In addition 

15 to considering any other applicable equitable factors, in any 

16 action seeking a temporary restraining order or prelimi17 nary injunction against an agency or a project sponsor in 

18 connection with review or authorization of a covered 

19 project, the court shall— 

20 (1) consider the effects on public health, safety, 

21 and the environment, the potential for significant job 

22 losses, and other economic harm resulting from an 

23 order or injunction; and 

24 (2) not presume that the harms described in 

25 paragraph (1) are reparable. 
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1 (c) JUDICIAL REVIEW.—Except as provided in sub2 section (a), nothing in this title affects the reviewability of 

3 any final Federal agency action in a court of competent 

4 jurisdiction. 

5 (d) SAVINGS CLAUSE.—Nothing in this title— 

6 (1) supersedes, amends, or modifies any Federal 

7 statute or affects the responsibility of any Federal of8 ficer to comply with or enforce any statute; or 

9 (2) creates a presumption that a covered project 

10 will be approved or favorably reviewed by any agen11 cy. 

12 (e) LIMITATIONS.—Nothing in this section preempts, 

13 limits, or interferes with— 

14 (1) any practice of seeking, considering, or re15 sponding to public comment; or 

16 (2) any power, jurisdiction, responsibility, or 

17 authority that a Federal, State, or local governmental 

18 agency, metropolitan planning organization, Indian 

19 tribe, or project sponsor has with respect to carrying 

20 out a project or any other provisions of law applica21 ble to any project, plan, or program. 

22 SEC. 41008. REPORT TO CONGRESS. 

23 (a) IN GENERAL.—Not later than April 15 of each 

24 year for 10 years beginning on the date of enactment of 

25 this Act, the Executive Director shall submit to Congress 
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1 a report detailing the progress accomplished under this title 

2 during the previous fiscal year. 

3 (b) CONTENTS.—The report described in subsection (a) 

4 shall assess the performance of each participating agency 

5 and lead agency based on the best practices described in 

6 section 41002(c)(2)(B). 

7 (c) OPPORTUNITY TO INCLUDE COMMENTS.—Each 

8 councilmember, with input from the respective agency 

9 CERPO, shall have the opportunity to include comments 

10 concerning the performance of the agency in the report de11 scribed in subsection (a). 

12 SEC. 41009. FUNDING FOR GOVERNANCE, OVERSIGHT, AND 

13 PROCESSING OF ENVIRONMENTAL REVIEWS 

14 AND PERMITS. 

15 (a) IN GENERAL.—The heads of agencies listed in sec16 tion 41002(b)(2)(B), with the guidance of the Director of 

17 the Office of Management and Budget and in consultation 

18 with the Executive Director, may, after public notice and 

19 opportunity for comment, issue regulations establishing a 

20 fee structure for project proponents to reimburse the United 

21 States for reasonable costs incurred in conducting environ22 mental reviews and authorizations for covered projects. 

23 (b) REASONABLE COSTS.—As used in this section, the 

24 term ‘‘reasonable costs’’ shall include costs to implement the 

25 requirements and authorities required under sections 41002 
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1 and 41003, including the costs to agencies and the costs of 

2 operating the Council. 

3 (c) FEE STRUCTURE.—The fee structure established 

4 under subsection (a) shall— 

5 (1) be developed in consultation with affected 

6 project proponents, industries, and other stakeholders; 

7 (2) exclude parties for which the fee would im8 pose an undue financial burden or is otherwise deter9 mined to be inappropriate; and 

10 (3) be established in a manner that ensures that 

11 the aggregate amount of fees collected for a fiscal year 

12 is estimated not to exceed 20 percent of the total esti13 mated costs for the fiscal year for the resources allo14 cated for the conduct of the environmental reviews 

15 and authorizations covered by this title, as deter16 mined by the Director of the Office of Management 

17 and Budget. 

18 (d) ENVIRONMENTAL REVIEW AND PERMITTING IM19 PROVEMENT FUND.— 

20 (1) IN GENERAL.—All amounts collected pursu21 ant to this section shall be deposited into a separate 

22 fund in the Treasury of the United States to be 

23 known as the ‘‘Environmental Review Improvement 

24 Fund’’ (referred to in this section as the ‘‘Fund’’). 
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1 (2) AVAILABILITY.—Amounts in the Fund shall 

2 be available to the Executive Director, without appro3 priation or fiscal year limitation, solely for the pur4 poses of administering, implementing, and enforcing 

5 this title, including the expenses of the Council. 

6 (3) TRANSFER.—The Executive Director, with 

7 the approval of the Director of the Office of Manage8 ment and Budget, may transfer amounts in the Fund 

9 to other agencies to facilitate timely and efficient en10 vironmental reviews and authorizations for proposed 

11 covered projects. 

12 (e) EFFECT ON PERMITTING.—The regulations adopt13 ed pursuant to subsection (a) shall ensure that the use of 

14 funds accepted under subsection (d) will not impact impar15 tial decision-making with respect to environmental reviews 

16 or authorizations, either substantively or procedurally. 

17 (f) TRANSFER OF APPROPRIATED FUNDS.— 

18 (1) IN GENERAL.—The heads of agencies listed in 

19 section 41002(b)(2)(B) shall have the authority to 

20 transfer, in accordance with section 1535 of title 31, 

21 United States Code, funds appropriated to those agen22 cies and not otherwise obligated to other affected Fed23 eral agencies for the purpose of implementing the pro24 visions of this title. 
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1 (2) LIMITATION.—Appropriations under title 23, 

2 United States Code and appropriations for the civil 

3 works program of the Army Corps of Engineers shall 

4 not be available for transfer under paragraph (1). 

5 SEC. 41010. APPLICATION. 

6 This title applies to any covered project for which— 

7 (1) a notice is filed under section 41003(a)(1); or 

8 (2) an application or other request for a Federal 

9 authorization is pending before a Federal agency 90 

10 days after the date of enactment of this Act. 

11 SEC. 41011. GAO REPORT. 

12 Not later than 3 years after the date of enactment of 

13 this Act, the Comptroller General of the United States shall 

14 submit to Congress a report that includes an analysis of 

15 whether the provisions of this title could be adapted to 

16 streamline the Federal permitting process for smaller 

17 projects that are not covered projects. 

18 TITLE XLII—ADDITIONAL 

19 PROVISIONS 

20 SEC. 42001. DETERMINATION OF CERTAIN SPENDING AND 

21 TAX BURDENS BY STATE. 

22 (a) CALCULATION OF FEDERAL REVENUE CONTRIBU23 TIONS BY STATE.— 

24 (1) IN GENERAL.—The Secretary of Treasury, 

25 acting through the Commissioner of the Internal Rev-
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1 enue Service, shall calculate the Federal tax burden of 

2 each State for each calendar year. 

3 (2) CALCULATION OF FEDERAL TAX BURDEN.— 

4 For purposes of calculating the Federal tax burden of 

5 each State under paragraph (1), the Secretary shall— 

6 (A) treat Federal taxes paid by an indi7 vidual as a burden on the State in which such 

8 individual resides; and 

9 (B) treat Federal taxes paid by a legal busi10 ness entity as a burden on each State in which 

11 economic activity of such entity is performed in 

12 the same proportion that the economic activity of 

13 such entity in such State bears to the economic 

14 activity of such entity in all the States. 

15 (3) REPORT.—Not later than the date that is 

16 180 days after the beginning of each calendar year, 

17 the Secretary of the Treasury shall— 

18 (A) submit to Congress a report containing 

19 the results of the calculations described in sec20 tions 1 and 2 with respect to such calendar year; 

21 and 

22 (B) publish the report on a publicly acces23 sible website of the Internal Revenue Service. 

24 (b) ANNUAL REPORT ON THE FLOW OF TRANSPOR25 TATION FUNDS BY STATE.— 
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1 (1) IN GENERAL.—Not later than the first Mon2 day in February of each year, the Secretary of Trans3 portation shall, in consultation with the Secretary of 

4 the Treasury, submit to the Committee on Banking, 

5 Housing, and Urban Affairs and the Committee on 

6 Appropriations of the Senate and the Committee on 

7 Transportation and Infrastructure, and the Com8 mittee on Ways and Means of the House of Represent9 atives a report that includes— 

10 (A) a description of the total amount of the 

11 funds authorized by this Act which were obli12 gated with respect to each State during the last 

13 ending fiscal year; 

14 (B) a description of the total amount of rev15 enue contributed from each State to the Highway 

16 Trust Fund during such fiscal year. 

17 (2) DETERMINATION OF STATE AMOUNTS.—For 

18 purposes of this subsection— 

19 (A) IN GENERAL.—the State with respect to 

20 which an amount is obligated and the State from 

21 which revenue is contributed shall be determined 

22 under principles similar to the principles for de23 termining the Federal tax burden of each State 

24 under subsection (a). 
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1 (B) SPECIAL RULE FOR GENERAL FUND

2 TRANSFERS.—For purposes of paragraph (1)(B), 

3 any transfer from the general fund of the Treas4 ury to the Highway Trust Fund during any fis5 cal year shall be taken into account as revenue 

6 contributed from each State in proportion to 

7 each State’s Federal tax burden (as determined 

8 under subsection (a)) for the calendar year in 

9 which such fiscal year began. 

10 SEC. 42002. GAO REPORT ON REFUNDS TO REGISTERED 

11 VENDORS OF KEROSENE USED IN NON12 COMMERCIAL AVIATION. 

13 Not later than 180 days after the date of the enactment 

14 of this Act, the Comptroller General of the United States 

15 shall— 

16 (1) conduct a study regarding payments made to 

17 vendors of kerosene used in noncommercial aviation 

18 under section 6427(l)(4)(C)(ii) of the Internal Rev19 enue Code of 1986; and 

20 (2) submit to the appropriate committees of Con21 gress a report describing the results of such study, 

22 which shall include estimates of— 

23 (A) the number of vendors of kerosene used 

24 in noncommercial aviation who are registered 

25 under section 4101 of such Code; 
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1 (B) the number of vendors of kerosene used 

2 in noncommercial aviation who are not so reg3 istered; 

4 (C) the number of vendors described in sub5 paragraph (A) who receive payments under sec6 tion 6427(l)(4)(C)(ii) of such Code; 

7 (D) the excess of— 

8 (i) the amount of payments which 

9 would be made under section 

10 6427(l)(4)(C)(ii) of such Code if all vendors 

11 of kerosene used in noncommercial aviation 

12 were registered and filed claims for such 

13 payments, over 

14 (ii) the amount of payments actually 

15 made under such section; and 

16 (E) the number of cases of diesel truck oper17 ators fraudulently using kerosene taxed for use 

18 in aviation. 

19 TITLE XLIII—REQUIREMENTS 

20 REGARDING RULE MAKINGS 

21 SEC. 43001. REQUIREMENTS REGARDING RULE MAKINGS. 

22 For each publication in the Federal Register required 

23 to be made by law and pertaining to a rule made to carry 

24 out this Act or the amendments made by this Act, the agen25 cy making the rule shall include in such publication a list 
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1 of information on which the rule is based, including data, 

2 scientific and economic studies, and cost-benefit analyses, 

3 and identify how the public can access such information 

4 online. 

5 DIVISION E—EXPORT-IMPORT 

6 BANK OF THE UNITED STATES 

7 SEC. 50001. SHORT TITLE. 

8 This division may be cited as the ‘‘Export-Import 

9 Bank Reform and Reauthorization Act of 2015’’. 

10 TITLE LI—TAXPAYER PROTEC11 TION PROVISIONS AND IN12 CREASED ACCOUNTABILITY 

13 SEC. 51001. REDUCTION IN AUTHORIZED AMOUNT OF OUT14 STANDING LOANS, GUARANTEES, AND INSUR15 ANCE. 

16 Section 6(a) of the Export-Import Bank Act of 1945 

17 (12 U.S.C. 635e(a)) is amended— 

18 (1) by redesignating paragraph (3) as para19 graph (4); and 

20 (2) by striking paragraph (2) and inserting the 

21 following: 

22 ‘‘(2) APPLICABLE AMOUNT DEFINED.—In this 

23 subsection, the term ‘applicable amount’, for each of 

24 fiscal years 2015 through 2019, means 

25 $135,000,000,000. 
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1 ‘‘(3) FREEZING OF LENDING CAP IF DEFAULT

2 RATE IS 2 PERCENT OR MORE.—If the rate calculated 

3 under section 8(g)(1) is 2 percent or more for a quar4 ter, the Bank may not exceed the amount of loans, 

5 guarantees, and insurance outstanding on the last 

6 day of that quarter until the rate calculated under 

7 section 8(g)(1) is less than 2 percent.’’. 

8 SEC. 51002. INCREASE IN LOSS RESERVES. 

9 (a) IN GENERAL.—Section 6 of the Export-Import 

10 Bank Act of 1945 (12 U.S.C. 635e) is amended— 

11 (1) by redesignating subsection (b) as subsection 

12 (c); and 

13 (2) by inserting after subsection (a) the fol14 lowing: 

15 ‘‘(b) RESERVE REQUIREMENT.—The Bank shall build 

16 to and hold in reserve, to protect against future losses, an 

17 amount that is not less than 5 percent of the aggregate 

18 amount of disbursed and outstanding loans, guarantees, 

19 and insurance of the Bank.’’. 

20 (b) EFFECTIVE DATE.—The amendment made by sub21 section (a) shall take effect on the date that is one year after 

22 the date of the enactment of this Act. 
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1 SEC. 51003. REVIEW OF FRAUD CONTROLS. 

2 Section 17(b) of the Export-Import Bank Reauthoriza3 tion Act of 2012 (12 U.S.C. 635a–6(b)) is amended to read 

4 as follows: 

5 ‘‘(b) REVIEW OF FRAUD CONTROLS.—Not later than 

6 4 years after the date of the enactment of the Export-Import 

7 Bank Reform and Reauthorization Act of 2015, and every 

8 4 years thereafter, the Comptroller General of the United 

9 States shall— 

10 ‘‘(1) review the adequacy of the design and effec11 tiveness of the controls used by the Export-Import 

12 Bank of the United States to prevent, detect, and in13 vestigate fraudulent applications for loans and guar14 antees and the compliance by the Bank with the con15 trols, including by auditing a sample of Bank trans16 actions; and 

17 ‘‘(2) submit a written report regarding the find18 ings of the review and providing such recommenda19 tions with respect to the controls described in para20 graph (1) as the Comptroller General deems appro21 priate to— 

22 ‘‘(A) the Committee on Banking, Housing, 

23 and Urban Affairs and the Committee on Appro24 priations of the Senate; and 
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1 ‘‘(B) the Committee on Financial Services 

2 and the Committee on Appropriations of the 

3 House of Representatives.’’. 

4 SEC. 51004. OFFICE OF ETHICS. 

5 Section 3 of the Export-Import Bank Act of 1945 (12 

6 U.S.C. 635a) is amended by adding at the end the fol7 lowing: 

8 ‘‘(k) OFFICE OF ETHICS.— 

9 ‘‘(1) ESTABLISHMENT.—There is established an 

10 Office of Ethics within the Bank, which shall oversee 

11 all ethics issues within the Bank. 

12 ‘‘(2) HEAD OF OFFICE.— 

13 ‘‘(A) IN GENERAL.—The head of the Office 

14 of Ethics shall be the Chief Ethics Officer, who 

15 shall report to the Board of Directors. 

16 ‘‘(B) APPOINTMENT.—Not later than 180 

17 days after the date of the enactment of the Ex18 port-Import Bank Reform and Reauthorization 

19 Act of 2015, the Chief Ethics Officer shall be— 

20 ‘‘(i) appointed by the President of the 

21 Bank from among persons— 

22 ‘‘(I) with a background in law 

23 who have experience in the fields of law 

24 and ethics; and 
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1 ‘‘(II) who are not serving in a po2 sition requiring appointment by the 

3 President of the United States before 

4 being appointed to be Chief Ethics Of5 ficer; and 

6 ‘‘(ii) approved by the Board. 

7 ‘‘(C) DESIGNATED AGENCY ETHICS OFFI8 CIAL.—The Chief Ethics Officer shall serve as the 

9 designated agency ethics official for the Bank 

10 pursuant to the Ethics in Government Act of 

11 1978 (5 U.S.C. App. 101 et seq.). 

12 ‘‘(3) DUTIES.—The Office of Ethics has jurisdic13 tion over all employees of, and ethics matters relating 

14 to, the Bank. With respect to employees of the Bank, 

15 the Office of Ethics shall— 

16 ‘‘(A) recommend administrative actions to 

17 establish or enforce standards of official conduct; 

18 ‘‘(B) refer to the Office of the Inspector Gen19 eral of the Bank alleged violations of— 

20 ‘‘(i) the standards of ethical conduct 

21 applicable to employees of the Bank under 

22 parts 2635 and 6201 of title 5, Code of Fed23 eral Regulations; 

24 ‘‘(ii) the standards of ethical conduct 

25 established by the Chief Ethics Officer; and 
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1 ‘‘(iii) any other laws, rules, or regula2 tions governing the performance of official 

3 duties or the discharge of official respon4 sibilities that are applicable to employees of 

5 the Bank; 

6 ‘‘(C) report to appropriate Federal or State 

7 authorities substantial evidence of a violation of 

8 any law applicable to the performance of official 

9 duties that may have been disclosed to the Office 

10 of Ethics; and 

11 ‘‘(D) render advisory opinions regarding 

12 the propriety of any current or proposed conduct 

13 of an employee or contractor of the Bank, and 

14 issue general guidance on such matters as nec15 essary.’’. 

16 SEC. 51005. CHIEF RISK OFFICER. 

17 Section 3 of the Export-Import Bank Act of 1945 (12 

18 U.S.C. 635a), as amended by section 91004, is further 

19 amended by adding at the end the following: 

20 ‘‘(l) CHIEF RISK OFFICER.— 

21 ‘‘(1) IN GENERAL.—There shall be a Chief Risk 

22 Officer of the Bank, who shall— 

23 ‘‘(A) oversee all issues relating to risk with24 in the Bank; and 

25 ‘‘(B) report to the President of the Bank. 
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1 ‘‘(2) APPOINTMENT.—Not later than 180 days 

2 after the date of the enactment of the Export-Import 

3 Bank Reform and Reauthorization Act of 2015, the 

4 Chief Risk Officer shall be— 

5 ‘‘(A) appointed by the President of the 

6 Bank from among persons— 

7 ‘‘(i) with a demonstrated ability in the 

8 general management of, and knowledge of 

9 and extensive practical experience in, finan10 cial risk evaluation practices in large gov11 ernmental or business entities; and 

12 ‘‘(ii) who are not serving in a position 

13 requiring appointment by the President of 

14 the United States before being appointed to 

15 be Chief Risk Officer; and 

16 ‘‘(B) approved by the Board. 

17 ‘‘(3) DUTIES.—The duties of the Chief Risk Offi18 cer are— 

19 ‘‘(A) to be responsible for all matters related 

20 to managing and mitigating all risk to which 

21 the Bank is exposed, including the programs and 

22 operations of the Bank; 

23 ‘‘(B) to establish policies and processes for 

24 risk oversight, the monitoring of management 

25 compliance with risk limits, and the manage-
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1 ment of risk exposures and risk controls across 

2 the Bank; 

3 ‘‘(C) to be responsible for the planning and 

4 execution of all Bank risk management activi5 ties, including policies, reporting, and systems to 

6 achieve strategic risk objectives; 

7 ‘‘(D) to develop an integrated risk manage8 ment program that includes identifying, 

9 prioritizing, measuring, monitoring, and man10 aging internal control and operating risks and 

11 other identified risks; 

12 ‘‘(E) to ensure that the process for risk as13 sessment and underwriting for individual trans14 actions considers how each such transaction con15 siders the effect of the transaction on the con16 centration of exposure in the overall portfolio of 

17 the Bank, taking into account fees, 

18 collateralization, and historic default rates; and 

19 ‘‘(F) to review the adequacy of the use by 

20 the Bank of qualitative metrics to assess the risk 

21 of default under various scenarios.’’. 

22 SEC. 51006. RISK MANAGEMENT COMMITTEE. 

23 (a) IN GENERAL.—Section 3 of the Export-Import 

24 Bank Act of 1945 (12 U.S.C. 635a), as amended by sections 
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1 91004 and 91005, is further amended by adding at the end 

2 the following: 

3 ‘‘(m) RISK MANAGEMENT COMMITTEE.— 

4 ‘‘(1) ESTABLISHMENT.—There is established a 

5 management committee to be known as the ‘Risk 

6 Management Committee’. 

7 ‘‘(2) MEMBERSHIP.—The membership of the Risk 

8 Management Committee shall be the members of the 

9 Board of Directors, with the President and First Vice 

10 President of the Bank serving as ex officio members. 

11 ‘‘(3) DUTIES.—The duties of the Risk Manage12 ment Committee shall be— 

13 ‘‘(A) to oversee, in conjunction with the Of14 fice of the Chief Financial Officer of the Bank— 

15 ‘‘(i) periodic stress testing on the entire 

16 Bank portfolio, reflecting different market, 

17 industry, and macroeconomic scenarios, 

18 and consistent with common practices of 

19 commercial and multilateral development 

20 banks; and 

21 ‘‘(ii) the monitoring of industry, geo22 graphic, and obligor exposure levels; and 

23 ‘‘(B) to review all required reports on the 

24 default rate of the Bank before submission to 

25 Congress under section 8(g).’’. 
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1 (b) TERMINATION OF AUDIT COMMITTEE.—Not later 

2 than 180 days after the date of the enactment of this Act, 

3 the Board of Directors of the Export-Import Bank of the 

4 United States shall revise the bylaws of the Bank to termi5 nate the Audit Committee established by section 7 of the 

6 bylaws. 

7 SEC. 51007. INDEPENDENT AUDIT OF BANK PORTFOLIO. 

8 (a) AUDIT.—The Inspector General of the Export-Im9 port Bank of the United States shall conduct an audit or 

10 evaluation of the portfolio risk management procedures of 

11 the Bank, including a review of the implementation by the 

12 Bank of the duties assigned to the Chief Risk Officer under 

13 section 3(l) of the Export-Import Bank Act of 1945, as 

14 amended by section 51005. 

15 (b) REPORT.—Not later than 1 year after the date of 

16 the enactment of this Act, and not less frequently than every 

17 3 years thereafter, the Inspector General shall submit to the 

18 Committee on Banking, Housing, and Urban Affairs of the 

19 Senate and the Committee on Financial Services of the 

20 House of Representatives a written report containing all 

21 findings and determinations made in carrying out sub22 section (a). 

23 SEC. 51008. PILOT PROGRAM FOR REINSURANCE. 

24 (a) IN GENERAL.—Notwithstanding any provision of 

25 the Export-Import Bank Act of 1945 (12 U.S.C. 635 et 
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1 seq.), the Export-Import Bank of the United States (in this 

2 section referred to as the ‘‘Bank’’) may establish a pilot pro3 gram under which the Bank may enter into contracts and 

4 other arrangements to share risks associated with the provi5 sion of guarantees, insurance, or credit, or the participation 

6 in the extension of credit, by the Bank under that Act. 

7 (b) LIMITATIONS ON AMOUNT OF RISK-SHARING.— 

8 (1) PER CONTRACT OR OTHER ARRANGEMENT.— 

9 The aggregate amount of liability the Bank may 

10 transfer through risk-sharing pursuant to a contract 

11 or other arrangement entered into under subsection 

12 (a) may not exceed $1,000,000,000. 

13 (2) PER YEAR.—The aggregate amount of liabil14 ity the Bank may transfer through risk-sharing dur15 ing a fiscal year pursuant to contracts or other ar16 rangements entered into under subsection (a) during 

17 that fiscal year may not exceed $10,000,000,000. 

18 (c) ANNUAL REPORTS.—Not later than 1 year after 

19 the date of the enactment of this Act, and annually there20 after through 2019, the Bank shall submit to Congress a 

21 written report that contains a detailed analysis of the use 

22 of the pilot program carried out under subsection (a) dur23 ing the year preceding the submission of the report. 
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1 (d) RULE OF CONSTRUCTION.—Nothing in this section 

2 shall be construed to affect, impede, or revoke any authority 

3 of the Bank. 

4 (e) TERMINATION.—The pilot program carried out 

5 under subsection (a) shall terminate on September 30, 2019. 

6 TITLE LII—PROMOTION OF 

7 SMALL BUSINESS EXPORTS 

8 SEC. 52001. INCREASE IN SMALL BUSINESS LENDING RE9 QUIREMENTS. 

10 (a) IN GENERAL.—Section 2(b)(1)(E)(v) of the Ex11 port-Import Bank Act of 1945 (12 U.S.C. 635(b)(1)(E)(v)) 

12 is amended by striking ‘‘20 percent’’ and inserting ‘‘25 per13 cent’’. 

14 (b) EFFECTIVE DATE.—The amendment made by sub15 section (a) shall apply with respect to fiscal year 2016 and 

16 each fiscal year thereafter. 

17 SEC. 52002. REPORT ON PROGRAMS FOR SMALL- AND ME18 DIUM-SIZED BUSINESSES. 

19 (a) IN GENERAL.—Section 8 of the Export-Import 

20 Bank Act of 1945 (12 U.S.C. 635g) is amended by adding 

21 at the end the following: 

22 ‘‘(k) REPORT ON PROGRAMS FOR SMALL- AND ME23 DIUM-SIZED BUSINESSES.—The Bank shall include in its 

24 annual report to Congress under subsection (a) a report on 
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1 the programs of the Bank for United States businesses with 

2 less than $250,000,000 in annual sales.’’. 

3 (b) EFFECTIVE DATE.—The amendment made by sub4 section (a) shall apply with respect to the report of the Ex5 port-Import Bank of the United States submitted to Con6 gress under section 8 of the Export-Import Bank Act of 

7 1945 (12 U.S.C. 635g) for the first year that begins after 

8 the date of the enactment of this Act. 

9 TITLE LIII—MODERNIZATION OF 

10 OPERATIONS 

11 SEC. 53001. ELECTRONIC PAYMENTS AND DOCUMENTS. 

12 Section 2(b)(1) of the Export-Import Bank Act of 1945 

13 (12 U.S.C. 635(b)(1)) is amended by adding at the end the 

14 following: 

15 ‘‘(M) Not later than 2 years after the date of the enact16 ment of the Export-Import Bank Reform and Reauthoriza17 tion Act of 2015, the Bank shall implement policies— 

18 ‘‘(i) to accept electronic documents with respect 

19 to transactions whenever possible, including copies of 

20 bills of lading, certifications, and compliance docu21 ments, in such manner so as not to undermine any 

22 potential civil or criminal enforcement related to the 

23 transactions; and 

24 ‘‘(ii) to accept electronic payments in all of its 

25 programs.’’. 
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1 SEC. 53002. REAUTHORIZATION OF INFORMATION TECH2 NOLOGY UPDATING. 

3 Section 3(j) of the Export-Import Act of 1945 (12 

4 U.S.C. 635a(j)) is amended— 

5 (1) in paragraph (1), in the matter preceding 

6 subparagraph (A), by striking ‘‘2012, 2013, and 

7 2014’’ and inserting ‘‘2015 through 2019’’; 

8 (2) in paragraph (2)(B), by striking ‘‘(I) the 

9 funds’’ and inserting ‘‘(i) the funds’’; and 

10 (3) in paragraph (3), by striking ‘‘2012, 2013, 

11 and 2014’’ and inserting ‘‘2015 through 2019’’. 

12 TITLE LIV—GENERAL 

13 PROVISIONS 

14 SEC. 54001. EXTENSION OF AUTHORITY. 

15 (a) IN GENERAL.—Section 7 of the Export-Import 

16 Bank Act of 1945 (12 U.S.C. 635f) is amended by striking 

17 ‘‘2014’’ and inserting ‘‘2019’’. 

18 (b) DUAL-USE EXPORTS.—Section 1(c) of Public Law 

19 103–428 (12 U.S.C. 635 note) is amended by striking ‘‘Sep20 tember 30, 2014’’ and inserting ‘‘the date on which the au21 thority of the Export-Import Bank of the United States ex22 pires under section 7 of the Export-Import Bank Act of 

23 1945 (12 U.S.C. 635f)’’. 

24 (c) SUB-SAHARAN AFRICA ADVISORY COMMITTEE.— 

25 Section 2(b)(9)(B)(iii) of the Export-Import Bank Act of 

26 1945 (12 U.S.C. 635(b)(9)(B)(iii)) is amended by striking 
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1 ‘‘September 30, 2014’’ and inserting ‘‘the date on which the 

2 authority of the Bank expires under section 7’’. 

3 (d) EFFECTIVE DATE.—The amendments made by this 

4 section shall take effect on the earlier of the date of the en5 actment of this Act or June 30, 2015. 

6 SEC. 54002. CERTAIN UPDATED LOAN TERMS AND 

7 AMOUNTS. 

8 (a) LOAN TERMS FOR MEDIUM-TERM FINANCING.— 

9 Section 2(a)(2)(A) of the Export-Import Bank Act of 1945 

10 (12 U.S.C. 635(a)(2)(A)) is amended— 

11 (1) in clause (i), by striking ‘‘; and’’ and insert12 ing a semicolon; and 

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

14 ‘‘(iii) with principal amounts of not more 

15 than $25,000,000; and’’. 

16 (b) COMPETITIVE OPPORTUNITIES RELATING TO IN17 SURANCE.—Section 2(d)(2) of the Export-Import Bank Act 

18 of 1945 (12 U.S.C. 635(d)(2)) is amended by striking 

19 ‘‘$10,000,000’’ and inserting ‘‘$25,000,000’’. 

20 (c) EXPORT AMOUNTS FOR SMALL BUSINESS

21 LOANS.—Section 3(g)(3) of the Export-Import Bank Act of 

22 1945 (12 U.S.C. 635a(g)(3)) is amended by striking 

23 ‘‘$10,000,000’’ and inserting ‘‘$25,000,000’’. 

24 (d) CONSIDERATION OF ENVIRONMENTAL EFFECTS.— 

25 Section 11(a)(1)(A) of the Export-Import Bank Act of 1945 
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1 (12 U.S.C. 635i–5(a)(1)(A)) is amended by striking 

2 ‘‘$10,000,000 or more’’ and inserting the following: 

3 ‘‘$25,000,000 (or, if less than $25,000,000, the threshold es4 tablished pursuant to international agreements, including 

5 the Common Approaches for Officially Supported Export 

6 Credits and Environmental and Social Due Diligence, as 

7 adopted by the Organisation for Economic Co-operation 

8 and Development Council on June 28, 2012, and the risk9 management framework adopted by financial institutions 

10 for determining, assessing, and managing environmental 

11 and social risk in projects (commonly referred to as the 

12 ‘Equator Principles’)) or more’’. 

13 (e) EFFECTIVE DATE.—The amendments made by this 

14 section shall apply with respect to fiscal year 2016 and each 

15 fiscal year thereafter. 

16 TITLE LV—OTHER MATTERS 

17 SEC. 55001. PROHIBITION ON DISCRIMINATION BASED ON 

18 INDUSTRY. 

19 Section 2 of the Export-Import Bank Act of 1945 (6 

20 U.S.C. 635 et seq.) is amended by adding at the end the 

21 following: 

22 ‘‘(k) PROHIBITION ON DISCRIMINATION BASED ON IN23 DUSTRY.— 

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

25 Act, the Bank may not— 
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•HR 22 EAH 

1 ‘‘(A) deny an application for financing 

2 based solely on the industry, sector, or business 

3 that the application concerns; or 

4 ‘‘(B) promulgate or implement policies that 

5 discriminate against an application based solely 

6 on the industry, sector, or business that the ap7 plication concerns. 

8 ‘‘(2) APPLICABILITY.—The prohibitions under 

9 paragraph (1) apply only to applications for financ10 ing by the Bank for projects concerning the explo11 ration, development, production, or export of energy 

12 sources and the generation or transmission of elec13 trical power, or combined heat and power, regardless 

14 of the energy source involved.’’. 

15 SEC. 55002. NEGOTIATIONS TO END EXPORT CREDIT FI16 NANCING. 

17 (a) IN GENERAL.—Section 11 of the Export-Import 

18 Bank Reauthorization Act of 2012 (12 U.S.C. 635a–5) is 

19 amended— 

20 (1) in subsection (a)— 

21 (A) in the matter preceding paragraph (1), 

22 by striking ‘‘Secretary of the Treasury (in this 

23 section referred to as the ‘Secretary’)’’ and in24 serting ‘‘President’’; and 

25 (B) in paragraph (1)— 
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•HR 22 EAH 

1 (i) by striking ‘‘(OECD)’’ and insert2 ing ‘‘(in this section referred to as the 

3 ‘OECD’)’’; and 

4 (ii) by striking ‘‘ultimate goal of elimi5 nating’’ and inserting ‘‘possible goal of 

6 eliminating, before the date that is 10 years 

7 after the date of the enactment of the Ex8 port-Import Bank Reform and Reauthoriza9 tion Act of 2015,’’; 

10 (2) in subsection (b), by striking ‘‘Secretary’’ 

11 each place it appears and inserting ‘‘President’’; and 

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

13 ‘‘(c) REPORT ON STRATEGY.—Not later than 180 days 

14 after the date of the enactment of the Export-Import Bank 

15 Reform and Reauthorization Act of 2015, the President 

16 shall submit to Congress a proposal, and a strategy for 

17 achieving the proposal, that the United States Government 

18 will pursue with other major exporting countries, including 

19 OECD members and non-OECD members, to eliminate over 

20 a period of not more than 10 years subsidized export-fi21 nancing programs, tied aid, export credits, and all other 

22 forms of government-supported export subsidies. 

23 ‘‘(d) NEGOTIATIONS WITH NON-OECD MEMBERS.— 

24 The President shall initiate and pursue negotiations with 

25 countries that are not OECD members to bring those coun-
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•HR 22 EAH 

1 tries into a multilateral agreement establishing rules and 

2 limitations on officially supported export credits. 

3 ‘‘(e) ANNUAL REPORTS ON PROGRESS OF NEGOTIA4 TIONS.—Not later than 180 days after the date of the enact5 ment of the Export-Import Bank Reform and Reauthoriza6 tion Act of 2015, and annually thereafter through calendar 

7 year 2019, the President shall submit to the Committee on 

8 Banking, Housing, and Urban Affairs of the Senate and 

9 the Committee on Financial Services of the House of Rep10 resentatives a report on the progress of any negotiations de11 scribed in subsection (d).’’. 

12 (b) EFFECTIVE DATE.—The amendments made by 

13 paragraphs (1) and (2) of subsection (a) shall apply with 

14 respect to reports required to be submitted under section 

15 11(b) of the Export-Import Bank Reauthorization Act of 

16 2012 (12 U.S.C. 635a–5(b)) after the date of the enactment 

17 of this Act. 

18 SEC. 55003. STUDY OF FINANCING FOR INFORMATION AND 

19 COMMUNICATIONS TECHNOLOGY SYSTEMS. 

20 (a) ANALYSIS OF INFORMATION AND COMMUNICATIONS

21 TECHNOLOGY INDUSTRY USE OF BANK PRODUCTS.—The 

22 Export-Import Bank of the United States (in this section 

23 referred to as the ‘‘Bank’’) shall conduct a study of the ex24 tent to which the products offered by the Bank are available 
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•HR 22 EAH 

1 and used by companies that export information and com2 munications technology services and related goods. 

3 (b) ELEMENTS.—In conducting the study required by 

4 subsection (a), the Bank shall examine the following: 

5 (1) The number of jobs in the United States that 

6 are supported by the export of information and com7 munications technology services and related goods, 

8 and the degree to which access to financing will in9 crease exports of such services and related goods. 

10 (2) The reduction in the financing by the Bank 

11 of exports of information and communications tech12 nology services from 2003 through 2014. 

13 (3) The activities of foreign export credit agen14 cies to facilitate the export of information and com15 munications technology services and related goods. 

16 (4) Specific proposals for how the Bank could 

17 provide additional financing for the exportation of 

18 information and communications technology services 

19 and related goods through risk-sharing with other ex20 port credit agencies and other third parties. 

21 (5) Proposals for new products the Bank could 

22 offer to provide financing for exports of information 

23 and communications technology services and related 

24 goods, including— 
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1 (A) the extent to which the Bank is author2 ized to offer new products; 

3 (B) the extent to which the Bank would 

4 need additional authority to offer new products 

5 to meet the needs of the information and commu6 nications technology industry; 

7 (C) specific proposals for changes in law 

8 that would enable the Bank to provide increased 

9 financing for exports of information and commu10 nications technology services and related goods 

11 in compliance with the credit and risk standards 

12 of the Bank; 

13 (D) specific proposals that would enable the 

14 Bank to provide increased outreach to the infor15 mation and communications technology industry 

16 about the products the Bank offers; and 

17 (E) specific proposals for changes in law 

18 that would enable the Bank to provide the fi19 nancing to build information and communica20 tions technology infrastructure, in compliance 

21 with the credit and risk standards of the Bank, 

22 to allow for market access opportunities for 

23 United States information and communications 

24 technology companies to provide services on the 

25 infrastructure being financed by the Bank. 
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•HR 22 EAH 

1 (c) REPORT.—Not later than 180 days after the date 

2 of the enactment of this Act, the Bank shall submit to Con3 gress a report that contains the results of the study required 

4 by subsection (a). 

5 DIVISION F—ENERGY SECURITY 

6 SEC. 61001. EMERGENCY PREPAREDNESS FOR ENERGY SUP7 PLY DISRUPTIONS. 

8 (a) FINDING.—Congress finds that recent natural dis9 asters have underscored the importance of having resilient 

10 oil and natural gas infrastructure and effective ways for 

11 industry and government to communicate to address energy 

12 supply disruptions. 

13 (b) AUTHORIZATION FOR ACTIVITIES TO ENHANCE

14 EMERGENCY PREPAREDNESS FOR NATURAL DISASTERS.— 

15 The Secretary of Energy shall develop and adopt procedures 

16 to— 

17 (1) improve communication and coordination 

18 between the Department of Energy’s energy response 

19 team, Federal partners, and industry; 

20 (2) leverage the Energy Information Administra21 tion’s subject matter expertise within the Depart22 ment’s energy response team to improve supply chain 

23 situation assessments; 
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•HR 22 EAH 

1 (3) establish company liaisons and direct com2 munication with the Department’s energy response 

3 team to improve situation assessments; 

4 (4) streamline and enhance processes for obtain5 ing temporary regulatory relief to speed up emergency 

6 response and recovery; 

7 (5) facilitate and increase engagement among 

8 States, the oil and natural gas industry, and the De9 partment in developing State and local energy assur10 ance plans; 

11 (6) establish routine education and training pro12 grams for key government emergency response posi13 tions with the Department and States; and 

14 (7) involve States and the oil and natural gas 

15 industry in comprehensive drill and exercise pro16 grams. 

17 (c) COOPERATION.—The activities carried out under 

18 subsection (b) shall include collaborative efforts with State 

19 and local government officials and the private sector. 

20 (d) REPORT.—Not later than 180 days after the date 

21 of enactment of this Act, the Secretary of Energy shall sub22 mit to Congress a report describing the effectiveness of the 

23 activities authorized under this section. 
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1 SEC. 61002. RESOLVING ENVIRONMENTAL AND GRID RELI2 ABILITY CONFLICTS. 

3 (a) COMPLIANCE WITH OR VIOLATION OF ENVIRON4 MENTAL LAWS WHILE UNDER EMERGENCY ORDER.—Sec5 tion 202(c) of the Federal Power Act (16 U.S.C. 824a(c)) 

6 is amended— 

7 (1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and 

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

9 ‘‘(2) With respect to an order issued under this sub10 section that may result in a conflict with a requirement 

11 of any Federal, State, or local environmental law or regula12 tion, the Commission shall ensure that such order requires 

13 generation, delivery, interchange, or transmission of electric 

14 energy only during hours necessary to meet the emergency 

15 and serve the public interest, and, to the maximum extent 

16 practicable, is consistent with any applicable Federal, 

17 State, or local environmental law or regulation and mini18 mizes any adverse environmental impacts. 

19 ‘‘(3) To the extent any omission or action taken by 

20 a party, that is necessary to comply with an order issued 

21 under this subsection, including any omission or action 

22 taken to voluntarily comply with such order, results in non23 compliance with, or causes such party to not comply with, 

24 any Federal, State, or local environmental law or regula25 tion, such omission or action shall not be considered a viola26 tion of such environmental law or regulation, or subject 
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•HR 22 EAH 

1 such party to any requirement, civil or criminal liability, 

2 or a citizen suit under such environmental law or regula3 tion. 

4 ‘‘(4)(A) An order issued under this subsection that 

5 may result in a conflict with a requirement of any Federal, 

6 State, or local environmental law or regulation shall expire 

7 not later than 90 days after it is issued. The Commission 

8 may renew or reissue such order pursuant to paragraphs 

9 (1) and (2) for subsequent periods, not to exceed 90 days 

10 for each period, as the Commission determines necessary to 

11 meet the emergency and serve the public interest. 

12 ‘‘(B) In renewing or reissuing an order under sub13 paragraph (A), the Commission shall consult with the pri14 mary Federal agency with expertise in the environmental 

15 interest protected by such law or regulation, and shall in16 clude in any such renewed or reissued order such conditions 

17 as such Federal agency determines necessary to minimize 

18 any adverse environmental impacts to the extent prac19 ticable. The conditions, if any, submitted by such Federal 

20 agency shall be made available to the public. The Commis21 sion may exclude such a condition from the renewed or re22 issued order if it determines that such condition would pre23 vent the order from adequately addressing the emergency 

24 necessitating such order and provides in the order, or other-
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•HR 22 EAH 

1 wise makes publicly available, an explanation of such deter2 mination. 

3 ‘‘(5) If an order issued under this subsection is subse4 quently stayed, modified, or set aside by a court pursuant 

5 to section 313 or any other provision of law, any omission 

6 or action previously taken by a party that was necessary 

7 to comply with the order while the order was in effect, in8 cluding any omission or action taken to voluntarily comply 

9 with the order, shall remain subject to paragraph (3).’’. 

10 (b) TEMPORARY CONNECTION OR CONSTRUCTION BY

11 MUNICIPALITIES.—Section 202(d) of the Federal Power Act 

12 (16 U.S.C. 824a(d)) is amended by inserting ‘‘or munici13 pality’’ before ‘‘engaged in the transmission or sale of elec14 tric energy’’. 

15 SEC. 61003. CRITICAL ELECTRIC INFRASTRUCTURE SECU16 RITY. 

17 (a) CRITICAL ELECTRIC INFRASTRUCTURE SECU18 RITY.—Part II of the Federal Power Act (16 U.S.C. 824 

19 et seq.) is amended by adding after section 215 the following 

20 new section: 

21 ‘‘SEC. 215A. CRITICAL ELECTRIC INFRASTRUCTURE SECU22 RITY. 

23 ‘‘(a) DEFINITIONS.—For purposes of this section: 

24 ‘‘(1) BULK-POWER SYSTEM; ELECTRIC RELI25 ABILITY ORGANIZATION; REGIONAL ENTITY.—The 
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•HR 22 EAH 

1 terms ‘bulk-power system’, ‘Electric Reliability Orga2 nization’, and ‘regional entity’ have the meanings 

3 given such terms in paragraphs (1), (2), and (7) of 

4 section 215(a), respectively. 

5 ‘‘(2) CRITICAL ELECTRIC INFRASTRUCTURE.— 

6 The term ‘critical electric infrastructure’ means a sys7 tem or asset of the bulk-power system, whether phys8 ical or virtual, the incapacity or destruction of which 

9 would negatively affect national security, economic se10 curity, public health or safety, or any combination of 

11 such matters. 

12 ‘‘(3) CRITICAL ELECTRIC INFRASTRUCTURE IN13 FORMATION.—The term ‘critical electric infrastruc14 ture information’ means information related to crit15 ical electric infrastructure, or proposed critical elec16 trical infrastructure, generated by or provided to the 

17 Commission or other Federal agency, other than clas18 sified national security information, that is des19 ignated as critical electric infrastructure information 

20 by the Commission under subsection (d)(2). Such 

21 term includes information that qualifies as critical 

22 energy infrastructure information under the Commis23 sion’s regulations. 

24 ‘‘(4) DEFENSE CRITICAL ELECTRIC INFRASTRUC25 TURE.—The term ‘defense critical electric infrastruc-
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•HR 22 EAH 

1 ture’ means any electric infrastructure located in the 

2 United States (including the territories) that serves a 

3 facility designated by the Secretary pursuant to sub4 section (c), but is not owned or operated by the owner 

5 or operator of such facility. 

6 ‘‘(5) ELECTROMAGNETIC PULSE.—The term ‘elec7 tromagnetic pulse’ means 1 or more pulses of electro8 magnetic energy emitted by a device capable of dis9 abling or disrupting operation of, or destroying, elec10 tronic devices or communications networks, including 

11 hardware, software, and data, by means of such a 

12 pulse. 

13 ‘‘(6) GEOMAGNETIC STORM.—The term ‘geo14 magnetic storm’ means a temporary disturbance of 

15 the Earth’s magnetic field resulting from solar activ16 ity. 

17 ‘‘(7) GRID SECURITY EMERGENCY.—The term 

18 ‘grid security emergency’ means the occurrence or im19 minent danger of— 

20 ‘‘(A)(i) a malicious act using electronic 

21 communication or an electromagnetic pulse, or a 

22 geomagnetic storm event, that could disrupt the 

23 operation of those electronic devices or commu24 nications networks, including hardware, soft25 ware, and data, that are essential to the reli-
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•HR 22 EAH 

1 ability of critical electric infrastructure or of de2 fense critical electric infrastructure; and 

3 ‘‘(ii) disruption of the operation of such de4 vices or networks, with significant adverse effects 

5 on the reliability of critical electric infrastruc6 ture or of defense critical electric infrastructure, 

7 as a result of such act or event; or 

8 ‘‘(B)(i) a direct physical attack on critical 

9 electric infrastructure or on defense critical elec10 tric infrastructure; and 

11 ‘‘(ii) significant adverse effects on the reli12 ability of critical electric infrastructure or of de13 fense critical electric infrastructure as a result of 

14 such physical attack. 

15 ‘‘(8) SECRETARY.—The term ‘Secretary’ means 

16 the Secretary of Energy. 

17 ‘‘(b) AUTHORITY TO ADDRESS GRID SECURITY EMER18 GENCY.— 

19 ‘‘(1) AUTHORITY.—Whenever the President issues 

20 and provides to the Secretary a written directive or 

21 determination identifying a grid security emergency, 

22 the Secretary may, with or without notice, hearing, or 

23 report, issue such orders for emergency measures as 

24 are necessary in the judgment of the Secretary to pro25 tect or restore the reliability of critical electric infra-
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•HR 22 EAH 

1 structure or of defense critical electric infrastructure 

2 during such emergency. As soon as practicable but not 

3 later than 180 days after the date of enactment of this 

4 section, the Secretary shall, after notice and oppor5 tunity for comment, establish rules of procedure that 

6 ensure that such authority can be exercised expedi7 tiously. 

8 ‘‘(2) NOTIFICATION OF CONGRESS.—Whenever 

9 the President issues and provides to the Secretary a 

10 written directive or determination under paragraph 

11 (1), the President shall promptly notify congressional 

12 committees of relevant jurisdiction, including the 

13 Committee on Energy and Commerce of the House of 

14 Representatives and the Committee on Energy and 

15 Natural Resources of the Senate, of the contents of, 

16 and justification for, such directive or determination. 

17 ‘‘(3) CONSULTATION.—Before issuing an order 

18 for emergency measures under paragraph (1), the Sec19 retary shall, to the extent practicable in light of the 

20 nature of the grid security emergency and the urgency 

21 of the need for action, consult with appropriate gov22 ernmental authorities in Canada and Mexico, entities 

23 described in paragraph (4), the Electricity Sub-sector 

24 Coordinating Council, the Commission, and other ap-
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•HR 22 EAH 

1 propriate Federal agencies regarding implementation 

2 of such emergency measures. 

3 ‘‘(4) APPLICATION.—An order for emergency 

4 measures under this subsection may apply to— 

5 ‘‘(A) the Electric Reliability Organization; 

6 ‘‘(B) a regional entity; or 

7 ‘‘(C) any owner, user, or operator of critical 

8 electric infrastructure or of defense critical elec9 tric infrastructure within the United States. 

10 ‘‘(5) EXPIRATION AND REISSUANCE.— 

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

12 subparagraph (B), an order for emergency meas13 ures issued under paragraph (1) shall expire no 

14 later than 15 days after its issuance. 

15 ‘‘(B) EXTENSIONS.—The Secretary may re16 issue an order for emergency measures issued 

17 under paragraph (1) for subsequent periods, not 

18 to exceed 15 days for each such period, provided 

19 that the President, for each such period, issues 

20 and provides to the Secretary a written directive 

21 or determination that the grid security emer22 gency identified under paragraph (1) continues 

23 to exist or that the emergency measure continues 

24 to be required. 

25 ‘‘(6) COST RECOVERY.— 
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1 ‘‘(A) CRITICAL ELECTRIC INFRASTRUC2 TURE.—If the Commission determines that own3 ers, operators, or users of critical electric infra4 structure have incurred substantial costs to com5 ply with an order for emergency measures issued 

6 under this subsection and that such costs were 

7 prudently incurred and cannot reasonably be re8 covered through regulated rates or market prices 

9 for the electric energy or services sold by such 

10 owners, operators, or users, the Commission 

11 shall, consistent with the requirements of section 

12 205, after notice and an opportunity for com13 ment, establish a mechanism that permits such 

14 owners, operators, or users to recover such costs. 

15 ‘‘(B) DEFENSE CRITICAL ELECTRIC INFRA16 STRUCTURE.—To the extent the owner or oper17 ator of defense critical electric infrastructure is 

18 required to take emergency measures pursuant to 

19 an order issued under this subsection, the owners 

20 or operators of a critical defense facility or fa21 cilities designated by the Secretary pursuant to 

22 subsection (c) that rely upon such infrastructure 

23 shall bear the full incremental costs of the meas24 ures. 
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•HR 22 EAH 

1 ‘‘(7) TEMPORARY ACCESS TO CLASSIFIED INFOR2 MATION.—The Secretary, and other appropriate Fed3 eral agencies, shall, to the extent practicable and con4 sistent with their obligations to protect classified in5 formation, provide temporary access to classified in6 formation related to a grid security emergency for 

7 which emergency measures are issued under para8 graph (1) to key personnel of any entity subject to 

9 such emergency measures to enable optimum commu10 nication between the entity and the Secretary and 

11 other appropriate Federal agencies regarding the grid 

12 security emergency. 

13 ‘‘(c) DESIGNATION OF CRITICAL DEFENSE FACILI14 TIES.—Not later than 180 days after the date of enactment 

15 of this section, the Secretary, in consultation with other ap16 propriate Federal agencies and appropriate owners, users, 

17 or operators of infrastructure that may be defense critical 

18 electric infrastructure, shall identify and designate facilities 

19 located in the United States (including the territories) that 

20 are— 

21 ‘‘(1) critical to the defense of the United States; 

22 and 

23 ‘‘(2) vulnerable to a disruption of the supply of 

24 electric energy provided to such facility by an exter25 nal provider. 
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•HR 22 EAH 

1 The Secretary may, in consultation with appropriate Fed2 eral agencies and appropriate owners, users, or operators 

3 of defense critical electric infrastructure, periodically revise 

4 the list of designated facilities as necessary. 

5 ‘‘(d) PROTECTION AND SHARING OF CRITICAL ELEC6 TRIC INFRASTRUCTURE INFORMATION.— 

7 ‘‘(1) PROTECTION OF CRITICAL ELECTRIC INFRA8 STRUCTURE INFORMATION.—Critical electric infra9 structure information— 

10 ‘‘(A) shall be exempt from disclosure under 

11 section 552(b)(3) of title 5, United States Code; 

12 and 

13 ‘‘(B) shall not be made available by any 

14 Federal, State, political subdivision or tribal au15 thority pursuant to any Federal, State, political 

16 subdivision or tribal law requiring public disclo17 sure of information or records. 

18 ‘‘(2) DESIGNATION AND SHARING OF CRITICAL

19 ELECTRIC INFRASTRUCTURE INFORMATION.—Not later 

20 than one year after the date of enactment of this sec21 tion, the Commission, in consultation with the Sec22 retary of Energy, shall promulgate such regulations 

23 and issue such orders as necessary to— 

24 ‘‘(A) designate information as critical elec25 tric infrastructure information; 
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•HR 22 EAH 

1 ‘‘(B) prohibit the unauthorized disclosure of 

2 critical electric infrastructure information; 

3 ‘‘(C) ensure there are appropriate sanctions 

4 in place for Commissioners, officers, employees, 

5 or agents of the Commission who knowingly and 

6 willfully disclose critical electric infrastructure 

7 information in a manner that is not authorized 

8 under this section; and 

9 ‘‘(D) taking into account standards of the 

10 Electric Reliability Organization, facilitate vol11 untary sharing of critical electric infrastructure 

12 information with, between, and by— 

13 ‘‘(i) Federal, State, political subdivi14 sion, and tribal authorities; 

15 ‘‘(ii) the Electric Reliability Organiza16 tion; 

17 ‘‘(iii) regional entities; 

18 ‘‘(iv) information sharing and analysis 

19 centers established pursuant to Presidential 

20 Decision Directive 63; 

21 ‘‘(v) owners, operators, and users of 

22 critical electric infrastructure in the United 

23 States; and 

24 ‘‘(vi) other entities determined appro25 priate by the Commission. 
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•HR 22 EAH 

1 ‘‘(3) CONSIDERATIONS.—In promulgating regu2 lations and issuing orders under paragraph (2), the 

3 Commission shall take into consideration the role of 

4 State commissions in reviewing the prudence and cost 

5 of investments, determining the rates and terms of 

6 conditions for electric services, and ensuring the safe7 ty and reliability of the bulk-power system and dis8 tribution facilities within their respective jurisdic9 tions. 

10 ‘‘(4) PROTOCOLS.—The Commission shall, in 

11 consultation with Canadian and Mexican authorities, 

12 develop protocols for the voluntary sharing of critical 

13 electric infrastructure information with Canadian 

14 and Mexican authorities and owners, operators, and 

15 users of the bulk-power system outside the United 

16 States. 

17 ‘‘(5) NO REQUIRED SHARING OF INFORMATION.— 

18 Nothing in this section shall require a person or enti19 ty in possession of critical electric infrastructure in20 formation to share such information with Federal, 

21 State, political subdivision, or tribal authorities, or 

22 any other person or entity. 

23 ‘‘(6) SUBMISSION OF INFORMATION TO CON24 GRESS.—Nothing in this section shall permit or au25 thorize the withholding of information from Congress, 
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•HR 22 EAH 

1 any committee or subcommittee thereof, or the Comp2 troller General. 

3 ‘‘(7) DISCLOSURE OF NONPROTECTED INFORMA4 TION.—In implementing this section, the Commission 

5 shall segregate critical electric infrastructure informa6 tion or information that reasonably could be expected 

7 to lead to the disclosure of the critical electric infra8 structure information within documents and elec9 tronic communications, wherever feasible, to facilitate 

10 disclosure of information that is not designated as 

11 critical electric infrastructure information. 

12 ‘‘(8) DURATION OF DESIGNATION.—Information 

13 may not be designated as critical electric infrastruc14 ture information for longer than 5 years, unless spe15 cifically re-designated by the Commission. 

16 ‘‘(9) REMOVAL OF DESIGNATION.—The Commis17 sion shall remove the designation of critical electric 

18 infrastructure information, in whole or in part, from 

19 a document or electronic communication if the Com20 mission determines that the unauthorized disclosure of 

21 such information could no longer be used to impair 

22 the security or reliability of the bulk-power system or 

23 distribution facilities. 

24 ‘‘(10) JUDICIAL REVIEW OF DESIGNATIONS.— 

25 Notwithstanding section 313(b), any determination 
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•HR 22 EAH 

1 by the Commission concerning the designation of crit2 ical electric infrastructure information under this 

3 subsection shall be subject to review under chapter 7 

4 of title 5, United States Code, except that such review 

5 shall be brought in the district court of the United 

6 States in the district in which the complainant re7 sides, or has his principal place of business, or in the 

8 District of Columbia. In such a case the court shall 

9 examine in camera the contents of documents or elec10 tronic communications that are the subject of the de11 termination under review to determine whether such 

12 documents or any part thereof were improperly des13 ignated or not designated as critical electric infra14 structure information. 

15 ‘‘(e) SECURITY CLEARANCES.—The Secretary shall fa16 cilitate and, to the extent practicable, expedite the acquisi17 tion of adequate security clearances by key personnel of any 

18 entity subject to the requirements of this section, to enable 

19 optimum communication with Federal agencies regarding 

20 threats to the security of the critical electric infrastructure. 

21 The Secretary, the Commission, and other appropriate Fed22 eral agencies shall, to the extent practicable and consistent 

23 with their obligations to protect classified and critical elec24 tric infrastructure information, share timely actionable in25 formation regarding grid security with appropriate key 
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•HR 22 EAH 

1 personnel of owners, operators, and users of the critical elec2 tric infrastructure. 

3 ‘‘(f) CLARIFICATIONS OF LIABILITY.— 

4 ‘‘(1) COMPLIANCE WITH OR VIOLATION OF THIS

5 ACT.—Except as provided in paragraph (4), to the ex6 tent any action or omission taken by an entity that 

7 is necessary to comply with an order for emergency 

8 measures issued under subsection (b)(1), including 

9 any action or omission taken to voluntarily comply 

10 with such order, results in noncompliance with, or 

11 causes such entity not to comply with any rule, order, 

12 regulation, or provision of this Act, including any re13 liability standard approved by the Commission pur14 suant to section 215, such action or omission shall 

15 not be considered a violation of such rule, order, regu16 lation, or provision. 

17 ‘‘(2) RELATION TO SECTION 202(c).—Except as 

18 provided in paragraph (4), an action or omission 

19 taken by an owner, operator, or user of critical elec20 tric infrastructure or of defense critical electric infra21 structure to comply with an order for emergency 

22 measures issued under subsection (b)(1) shall be treat23 ed as an action or omission taken to comply with an 

24 order issued under section 202(c) for purposes of such 

25 section. 
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•HR 22 EAH 

1 ‘‘(3) SHARING OR RECEIPT OF INFORMATION.— 

2 No cause of action shall lie or be maintained in any 

3 Federal or State court for the sharing or receipt of in4 formation under, and that is conducted in accordance 

5 with, subsection (d). 

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

7 subsection shall be construed to require dismissal of a 

8 cause of action against an entity that, in the course 

9 of complying with an order for emergency measures 

10 issued under subsection (b)(1) by taking an action or 

11 omission for which they would be liable but for para12 graph (1) or (2), takes such action or omission in a 

13 grossly negligent manner.’’. 

14 (b) CONFORMING AMENDMENTS.— 

15 (1) JURISDICTION.—Section 201(b)(2) of the 

16 Federal Power Act (16 U.S.C. 824(b)(2)) is amended 

17 by inserting ‘‘215A,’’ after ‘‘215,’’ each place it ap18 pears. 

19 (2) PUBLIC UTILITY.—Section 201(e) of the Fed20 eral Power Act (16 U.S.C. 824(e)) is amended by in21 serting ‘‘215A,’’ after ‘‘215,’’. 

22 SEC. 61004. STRATEGIC TRANSFORMER RESERVE. 

23 (a) FINDING.—Congress finds that the storage of stra24 tegically located spare large power transformers and emer25 gency mobile substations will reduce the vulnerability of the 
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•HR 22 EAH 

1 United States to multiple risks facing electric grid reli2 ability, including physical attack, cyber attack, electro3 magnetic pulse, geomagnetic disturbances, severe weather, 

4 and seismic events. 

5 (b) DEFINITIONS.—In this section: 

6 (1) BULK-POWER SYSTEM.—The term ‘‘bulk7 power system’’ has the meaning given such term in 

8 section 215(a) of the Federal Power Act (16 U.S.C. 

9 824o(a)). 

10 (2) CRITICALLY DAMAGED LARGE POWER TRANS11 FORMER.—The term ‘‘critically damaged large power 

12 transformer’’ means a large power transformer that— 

13 (A) has sustained extensive damage such 

14 that— 

15 (i) repair or refurbishment is not eco16 nomically viable; or 

17 (ii) the extensive time to repair or re18 furbish the large power transformer would 

19 create an extended period of instability in 

20 the bulk-power system; and 

21 (B) prior to sustaining such damage, was 

22 part of the bulk-power system. 

23 (3) CRITICAL ELECTRIC INFRASTRUCTURE.—The 

24 term ‘‘critical electric infrastructure’’ has the mean-
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•HR 22 EAH 

1 ing given that term in section 215A of the Federal 

2 Power Act. 

3 (4) ELECTRIC RELIABILITY ORGANIZATION.—The 

4 term ‘‘Electric Reliability Organization’’ has the 

5 meaning given such term in section 215(a) of the Fed6 eral Power Act (16 U.S.C. 824o(a)). 

7 (5) EMERGENCY MOBILE SUBSTATION.—The 

8 term ‘‘emergency mobile substation’’ means a mobile 

9 substation or mobile transformer that is— 

10 (A) assembled and permanently mounted on 

11 a trailer that is capable of highway travel and 

12 meets relevant Department of Transportation 

13 regulations; and 

14 (B) intended for express deployment and ca15 pable of being rapidly placed into service. 

16 (6) LARGE POWER TRANSFORMER.—The term 

17 ‘‘large power transformer’’ means a power trans18 former with a maximum nameplate rating of 100 

19 megavolt-amperes or higher, including related critical 

20 equipment, that is, or is intended to be, a part of the 

21 bulk-power system. 

22 (7) SECRETARY.—The term ‘‘Secretary’’ means 

23 the Secretary of Energy. 

24 (8) SPARE LARGE POWER TRANSFORMER.—The 

25 term ‘‘spare large power transformer’’ means a large 
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1 power transformer that is stored within the Strategic 

2 Transformer Reserve to be available to temporarily 

3 replace a critically damaged large power transformer. 

4 (c) STRATEGIC TRANSFORMER RESERVE PLAN.— 

5 (1) PLAN.—Not later than 1 year after the date 

6 of enactment of this Act, the Secretary, acting through 

7 the Office of Electricity Delivery and Energy Reli8 ability, shall, in consultation with the Federal Energy 

9 Regulatory Commission, the Electricity Sub-sector 

10 Coordinating Council, the Electric Reliability Orga11 nization, and owners and operators of critical electric 

12 infrastructure and defense and military installations, 

13 prepare and submit to Congress a plan to establish a 

14 Strategic Transformer Reserve for the storage, in stra15 tegically located facilities, of spare large power trans16 formers and emergency mobile substations in suffi17 cient numbers to temporarily replace critically dam18 aged large power transformers and substations that 

19 are critical electric infrastructure or serve defense and 

20 military installations. 

21 (2) INCLUSIONS.—The Strategic Transformer 

22 Reserve plan shall include a description of— 

23 (A) the appropriate number and type of 

24 spare large power transformers necessary to pro25 vide or restore sufficient resiliency to the bulk- 
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•HR 22 EAH 

1 power system, critical electric infrastructure, 

2 and defense and military installations to miti3 gate significant impacts to the electric grid re4 sulting from— 

5 (i) physical attack; 

6 (ii) cyber attack; 

7 (iii) electromagnetic pulse attack; 

8 (iv) geomagnetic disturbances; 

9 (v) severe weather; or 

10 (vi) seismic events; 

11 (B) other critical electric grid equipment for 

12 which an inventory of spare equipment, includ13 ing emergency mobile substations, is necessary to 

14 provide or restore sufficient resiliency to the 

15 bulk-power system, critical electric infrastruc16 ture, and defense and military installations; 

17 (C) the degree to which utility sector actions 

18 or initiatives, including individual utility own19 ership of spare equipment, joint ownership of 

20 spare equipment inventory, sharing agreements, 

21 or other spare equipment reserves or arrange22 ments, satisfy the needs identified under sub23 paragraphs (A) and (B); 

24 (D) the potential locations for, and feasi25 bility and appropriate number of, strategic stor-
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•HR 22 EAH 

1 age locations for reserve equipment, including 

2 consideration of— 

3 (i) the physical security of such loca4 tions; 

5 (ii) the protection of the confidentiality 

6 of such locations; and 

7 (iii) the proximity of such locations to 

8 sites of potentially critically damaged large 

9 power transformers and substations that are 

10 critical electric infrastructure or serve de11 fense and military installations, so as to en12 able efficient delivery of equipment to such 

13 sites; 

14 (E) the necessary degree of flexibility of 

15 spare large power transformers to be included in 

16 the Strategic Transformer Reserve to conform to 

17 different substation configurations, including 

18 consideration of transformer— 

19 (i) power and voltage rating for each 

20 winding; 

21 (ii) overload requirements; 

22 (iii) impedance between windings; 

23 (iv) configuration of windings; and 

24 (v) tap requirements; 
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•HR 22 EAH 

1 (F) an estimate of the direct cost of the 

2 Strategic Transformer Reserve, as proposed, in3 cluding— 

4 (i) the cost of storage facilities; 

5 (ii) the cost of the equipment; and 

6 (iii) management, maintenance, and 

7 operation costs; 

8 (G) the funding options available to estab9 lish, stock, manage, and maintain the Strategic 

10 Transformer Reserve, including consideration of 

11 fees on owners and operators of bulk-power sys12 tem facilities, critical electric infrastructure, and 

13 defense and military installations relying on the 

14 Strategic Transformer Reserve, use of Federal 

15 appropriations, and public-private cost-sharing 

16 options; 

17 (H) the ease and speed of transportation, 

18 installation, and energization of spare large 

19 power transformers to be included in the Stra20 tegic Transformer Reserve, including consider21 ation of factors such as— 

22 (i) transformer transportation weight; 

23 (ii) transformer size; 

24 (iii) topology of critical substations; 
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•HR 22 EAH 

1 (iv) availability of appropriate trans2 former mounting pads; 

3 (v) flexibility of the spare large power 

4 transformers as described in subparagraph 

5 (E); and 

6 (vi) ability to rapidly transition a 

7 spare large power transformer from storage 

8 to energization; 

9 (I) eligibility criteria for withdrawal of 

10 equipment from the Strategic Transformer Re11 serve; 

12 (J) the process by which owners or opera13 tors of critically damaged large power trans14 formers or substations that are critical electric 

15 infrastructure or serve defense and military in16 stallations may apply for a withdrawal from the 

17 Strategic Transformer Reserve; 

18 (K) the process by which equipment with19 drawn from the Strategic Transformer Reserve is 

20 returned to the Strategic Transformer Reserve or 

21 is replaced; 

22 (L) possible fees to be paid by users of 

23 equipment withdrawn from the Strategic Trans24 former Reserve; 
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•HR 22 EAH 

1 (M) possible fees to be paid by owners and 

2 operators of large power transformers and sub3 stations that are critical electric infrastructure 

4 or serve defense and military installations to 

5 cover operating costs of the Strategic Trans6 former Reserve; 

7 (N) the domestic and international large 

8 power transformer supply chain; 

9 (O) the potential reliability, cost, and oper10 ational benefits of including emergency mobile 

11 substations in any Strategic Transformer Re12 serve established under this section; and 

13 (P) other considerations for designing, con14 structing, stocking, funding, and managing the 

15 Strategic Transformer Reserve. 

16 (d) ESTABLISHMENT.—The Secretary may establish a 

17 Strategic Transformer Reserve in accordance with the plan 

18 prepared pursuant to subsection (c) after the date that is 

19 6 months after the date on which such plan is submitted 

20 to Congress. 

21 (e) DISCLOSURE OF INFORMATION.—Any information 

22 included in the Strategic Transformer Reserve plan, or 

23 shared in the preparation and development of such plan, 

24 the disclosure of which could cause harm to critical electric 

25 infrastructure, shall be exempt from disclosure under sec-
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•HR 22 EAH 

1 tion 552(b)(3) of title 5, United States Code, and any State, 

2 tribal, or local law requiring disclosure of information or 

3 records. 

4 SEC. 61005. ENERGY SECURITY VALUATION. 

5 (a) ESTABLISHMENT OF ENERGY SECURITY VALU6 ATION METHODS.—Not later than 1 year after the date of 

7 enactment of this Act, the Secretary of Energy, in collabora8 tion with the Secretary of State, shall develop and transmit, 

9 after public notice and comment, to the Committee on En10 ergy and Commerce and the Committee on Foreign Affairs 

11 of the House of Representatives and the Committee on En12 ergy and Natural Resources and the Committee on Foreign 

13 Relations of the Senate a report that develops recommended 

14 United States energy security valuation methods. In devel15 oping the report, the Secretaries may consider the rec16 ommendations of the Administration’s Quadrennial Energy 

17 Review released on April 21, 2015. The report shall— 

18 (1) evaluate and define United States energy se19 curity to reflect modern domestic and global energy 

20 markets and the collective needs of the United States 

21 and its allies and partners; 

22 (2) identify transparent and uniform or coordi23 nated procedures and criteria to ensure that energy24 related actions that significantly affect the supply, 

25 distribution, or use of energy are evaluated with re-
827 

•HR 22 EAH 

1 spect to their potential impact on energy security, in2 cluding their impact on— 

3 (A) consumers and the economy; 

4 (B) energy supply diversity and resiliency; 

5 (C) well-functioning and competitive energy 

6 markets; 

7 (D) United States trade balance; and 

8 (E) national security objectives; and 

9 (3) include a recommended implementation 

10 strategy that identifies and aims to ensure that the 

11 procedures and criteria referred to in paragraph (2) 

12 are— 

13 (A) evaluated consistently across the Fed14 eral Government; and 

15 (B) weighed appropriately and balanced 

16 with environmental considerations required by 

17 Federal law. 

18 (b) PARTICIPATION.—In developing the report referred 

19 to in subsection (a), the Secretaries may consult with rel20 evant Federal, State, private sector, and international par21 ticipants, as appropriate and consistent with applicable 

22 law. 
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1 DIVISION G—FINANCIAL 

2 SERVICES 

3 TITLE LXXI—IMPROVING ACCESS 

4 TO CAPITAL FOR EMERGING 

5 GROWTH COMPANIES 

6 SEC. 71001. FILING REQUIREMENT FOR PUBLIC FILING 

7 PRIOR TO PUBLIC OFFERING. 

8 Section 6(e)(1) of the Securities Act of 1933 (15 U.S.C. 

9 77f(e)(1)) is amended by striking ‘‘21 days’’ and inserting 

10 ‘‘15 days’’. 

11 SEC. 71002. GRACE PERIOD FOR CHANGE OF STATUS OF 

12 EMERGING GROWTH COMPANIES. 

13 Section 6(e)(1) of the Securities Act of 1933 (15 U.S.C. 

14 77f(e)(1)) is further amended by adding at the end the fol15 lowing: ‘‘An issuer that was an emerging growth company 

16 at the time it submitted a confidential registration state17 ment or, in lieu thereof, a publicly filed registration state18 ment for review under this subsection but ceases to be an 

19 emerging growth company thereafter shall continue to be 

20 treated as an emerging market growth company for the pur21 poses of this subsection through the earlier of the date on 

22 which the issuer consummates its initial public offering 

23 pursuant to such registrations statement or the end of the 

24 1-year period beginning on the date the company ceases to 

25 be an emerging growth company.’’. 
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•HR 22 EAH 

1 SEC. 71003. SIMPLIFIED DISCLOSURE REQUIREMENTS FOR 

2 EMERGING GROWTH COMPANIES. 

3 Section 102 of the Jumpstart Our Business Startups 

4 Act (Public Law 112–106) is amended by adding at the 

5 end the following: 

6 ‘‘(d) SIMPLIFIED DISCLOSURE REQUIREMENTS.— 

7 With respect to an emerging growth company (as such term 

8 is defined under section 2 of the Securities Act of 1933): 

9 ‘‘(1) REQUIREMENT TO INCLUDE NOTICE ON

10 FORMS S–1 AND F–1.—Not later than 30 days after 

11 the date of enactment of this subsection, the Securities 

12 and Exchange Commission shall revise its general in13 structions on Forms S–1 and F–1 to indicate that a 

14 registration statement filed (or submitted for con15 fidential review) by an issuer prior to an initial pub16 lic offering may omit financial information for his17 torical periods otherwise required by regulation S–X 

18 (17 CFR 210.1–01 et seq.) as of the time of filing (or 

19 confidential submission) of such registration state20 ment, provided that— 

21 ‘‘(A) the omitted financial information re22 lates to a historical period that the issuer reason23 ably believes will not be required to be included 

24 in the Form S–1 or F–1 at the time of the con25 templated offering; and 
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•HR 22 EAH 

1 ‘‘(B) prior to the issuer distributing a pre2 liminary prospectus to investors, such registra3 tion statement is amended to include all finan4 cial information required by such regulation S– 

5 X at the date of such amendment. 

6 ‘‘(2) RELIANCE BY ISSUERS.—Effective 30 days 

7 after the date of enactment of this subsection, an 

8 issuer filing a registration statement (or submitting 

9 the statement for confidential review) on Form S–1 or 

10 Form F–1 may omit financial information for histor11 ical periods otherwise required by regulation S–X (17 

12 CFR 210.1–01 et seq.) as of the time of filing (or con13 fidential submission) of such registration statement, 

14 provided that— 

15 ‘‘(A) the omitted financial information re16 lates to a historical period that the issuer reason17 ably believes will not be required to be included 

18 in the Form S–1 or Form F–1 at the time of the 

19 contemplated offering; and 

20 ‘‘(B) prior to the issuer distributing a pre21 liminary prospectus to investors, such registra22 tion statement is amended to include all finan23 cial information required by such regulation S– 

24 X at the date of such amendment.’’. 
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•HR 22 EAH 

1 TITLE LXXII—DISCLOSURE MOD2 ERNIZATION AND SIM3 PLIFICATION 

4 SEC. 72001. SUMMARY PAGE FOR FORM 10–K. 

5 Not later than the end of the 180-day period beginning 

6 on the date of the enactment of this Act, the Securities and 

7 Exchange Commission shall issue regulations to permit 

8 issuers to submit a summary page on form 10–K (17 CFR 

9 249.310), but only if each item on such summary page in10 cludes a cross-reference (by electronic link or otherwise) to 

11 the material contained in form 10–K to which such item 

12 relates. 

13 SEC. 72002. IMPROVEMENT OF REGULATION S–K. 

14 Not later than the end of the 180-day period beginning 

15 on the date of the enactment of this Act, the Securities and 

16 Exchange Commission shall take all such actions to revise 

17 regulation S–K (17 CFR 229.10 et seq.)— 

18 (1) to further scale or eliminate requirements of 

19 regulation S–K, in order to reduce the burden on 

20 emerging growth companies, accelerated filers, smaller 

21 reporting companies, and other smaller issuers, while 

22 still providing all material information to investors; 

23 (2) to eliminate provisions of regulation S–K, 

24 required for all issuers, that are duplicative, overlap25 ping, outdated, or unnecessary; and 
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•HR 22 EAH 

1 (3) for which the Commission determines that no 

2 further study under section 72203 is necessary to de3 termine the efficacy of such revisions to regulation S– 

4 K. 

5 SEC. 72003. STUDY ON MODERNIZATION AND SIMPLIFICA6 TION OF REGULATION S–K. 

7 (a) STUDY.—The Securities and Exchange Commis8 sion shall carry out a study of the requirements contained 

9 in regulation S–K (17 CFR 229.10 et seq.). Such study 

10 shall— 

11 (1) determine how best to modernize and sim12 plify such requirements in a manner that reduces the 

13 costs and burdens on issuers while still providing all 

14 material information; 

15 (2) emphasize a company by company approach 

16 that allows relevant and material information to be 

17 disseminated to investors without boilerplate language 

18 or static requirements while preserving completeness 

19 and comparability of information across registrants; 

20 and 

21 (3) evaluate methods of information delivery and 

22 presentation and explore methods for discouraging 

23 repetition and the disclosure of immaterial informa24 tion. 
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•HR 22 EAH 

1 (b) CONSULTATION.—In conducting the study required 

2 under subsection (a), the Commission shall consult with the 

3 Investor Advisory Committee and the Advisory Committee 

4 on Small and Emerging Companies. 

5 (c) REPORT.—Not later than the end of the 360-day 

6 period beginning on the date of enactment of this Act, the 

7 Commission shall issue a report to the Congress con8 taining— 

9 (1) all findings and determinations made in car10 rying out the study required under subsection (a); 

11 (2) specific and detailed recommendations on 

12 modernizing and simplifying the requirements in reg13 ulation S–K in a manner that reduces the costs and 

14 burdens on companies while still providing all mate15 rial information; and 

16 (3) specific and detailed recommendations on 

17 ways to improve the readability and navigability of 

18 disclosure documents and to discourage repetition and 

19 the disclosure of immaterial information. 

20 (d) RULEMAKING.—Not later than the end of the 360- 

21 day period beginning on the date that the report is issued 

22 to the Congress under subsection (c), the Commission shall 

23 issue a proposed rule to implement the recommendations 

24 of the report issued under subsection (c). 
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•HR 22 EAH 

1 (e) RULE OF CONSTRUCTION.—Revisions made to reg2 ulation S–K by the Commission under section 202 shall not 

3 be construed as satisfying the rulemaking requirements 

4 under this section. 

5 TITLE LXXIII—BULLION AND 

6 COLLECTIBLE COIN PRODUC7 TION EFFICIENCY AND COST 

8 SAVINGS 

9 SEC. 73001. TECHNICAL CORRECTIONS. 

10 Title 31, United States Code, is amended— 

11 (1) in section 5112— 

12 (A) in subsection (q)— 

13 (i) by striking paragraphs (3) and (8); 

14 and 

15 (ii) by redesignating paragraphs (4), 

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

17 and (6), respectively; 

18 (B) in subsection (t)(6)(B), by striking ‘‘90 

19 percent silver and 10 percent copper’’ and insert20 ing ‘‘not less than 90 percent silver’’; and 

21 (C) in subsection (v)— 

22 (i) in paragraph (1), by striking ‘‘Sub23 ject to’’ and all that follows through ‘‘the 

24 Secretary shall’’ and inserting ‘‘The Sec25 retary shall’’; 
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•HR 22 EAH 

1 (ii) in paragraph (2)(A), by striking 

2 ‘‘The Secretary’’ and inserting ‘‘To the 

3 greatest extent possible, the Secretary’’; 

4 (iii) in paragraph (5), by inserting 

5 after ‘‘may issue’’ the following: ‘‘collectible 

6 versions of’’; and 

7 (iv) by striking paragraph (8); and 

8 (2) in section 5132(a)(2)(B)(i), by striking ‘‘90 

9 percent silver and 10 percent copper’’ and inserting 

10 ‘‘not less than 90 percent silver’’. 

11 SEC. 73002. AMERICAN EAGLE SILVER BULLION 30TH ANNI12 VERSARY. 

13 Proof and uncirculated versions of coins issued by the 

14 Secretary of the Treasury pursuant to subsection (e) of sec15 tion 5112 of title 31, United States Code, during calendar 

16 year 2016 shall have a smooth edge incused with a designa17 tion that notes the 30th anniversary of the first issue of 

18 coins under such subsection. 

19 TITLE LXXIV—SBIC ADVISERS 

20 RELIEF 

21 SEC. 74001. ADVISERS OF SBICS AND VENTURE CAPITAL 

22 FUNDS. 

23 Section 203(l) of the Investment Advisers Act of 1940 

24 (15 U.S.C. 80b–3(l)) is amended— 
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•HR 22 EAH 

1 (1) by striking ‘‘No investment adviser’’ and in2 serting the following: 

3 ‘‘(1) IN GENERAL.—No investment adviser’’; and 

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

5 ‘‘(2) ADVISERS OF SBICS.—For purposes of this 

6 subsection, a venture capital fund includes an entity 

7 described in subparagraph (A), (B), or (C) of sub8 section (b)(7) (other than an entity that has elected 

9 to be regulated or is regulated as a business develop10 ment company pursuant to section 54 of the Invest11 ment Company Act of 1940).’’. 

12 SEC. 74002. ADVISERS OF SBICS AND PRIVATE FUNDS. 

13 Section 203(m) of the Investment Advisers Act of 1940 

14 (15 U.S.C. 80b–3(m)) is amended by adding at the end the 

15 following: 

16 ‘‘(3) ADVISERS OF SBICS.—For purposes of this 

17 subsection, the assets under management of a private 

18 fund that is an entity described in subparagraph (A), 

19 (B), or (C) of subsection (b)(7) (other than an entity 

20 that has elected to be regulated or is regulated as a 

21 business development company pursuant to section 54 

22 of the Investment Company Act of 1940) shall be ex23 cluded from the limit set forth in paragraph (1).’’. 
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1 SEC. 74003. RELATIONSHIP TO STATE LAW. 

2 Section 203A(b)(1) of the Investment Advisers Act of 

3 1940 (15 U.S.C. 80b–3a(b)(1)) is amended— 

4 (1) in subparagraph (A), by striking ‘‘or’’ at the 

5 end; 

6 (2) in subparagraph (B), by striking the period 

7 at the end and inserting ‘‘; or’’; and 

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

9 ‘‘(C) that is not registered under section 203 

10 because that person is exempt from registration 

11 as provided in subsection (b)(7) of such section, 

12 or is a supervised person of such person.’’. 

13 TITLE LXXV—ELIMINATE 

14 PRIVACY NOTICE CONFUSION 

15 SEC. 75001. EXCEPTION TO ANNUAL PRIVACY NOTICE RE16 QUIREMENT UNDER THE GRAMM-LEACH-BLI17 LEY ACT. 

18 Section 503 of the Gramm-Leach-Bliley Act (15 U.S.C. 

19 6803) is amended by adding at the end the following: 

20 ‘‘(f) EXCEPTION TO ANNUAL NOTICE REQUIREMENT.— 

21 A financial institution that— 

22 ‘‘(1) provides nonpublic personal information 

23 only in accordance with the provisions of subsection 

24 (b)(2) or (e) of section 502 or regulations prescribed 

25 under section 504(b), and 
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•HR 22 EAH 

1 ‘‘(2) has not changed its policies and practices 

2 with regard to disclosing nonpublic personal informa3 tion from the policies and practices that were dis4 closed in the most recent disclosure sent to consumers 

5 in accordance with this section, 

6 shall not be required to provide an annual disclosure under 

7 this section until such time as the financial institution fails 

8 to comply with any criteria described in paragraph (1) or 

9 (2).’’. 

10 TITLE LXXVI—REFORMING AC11 CESS FOR INVESTMENTS IN 

12 STARTUP ENTERPRISES 

13 SEC. 76001. EXEMPTED TRANSACTIONS. 

14 (a) EXEMPTED TRANSACTIONS.—Section 4 of the Se15 curities Act of 1933 (15 U.S.C. 77d) is amended— 

16 (1) in subsection (a), by adding at the end the 

17 following new paragraph: 

18 ‘‘(7) transactions meeting the requirements of 

19 subsection (d).’’; 

20 (2) by redesignating the second subsection (b) 

21 (relating to securities offered and sold in compliance 

22 with Rule 506 of Regulation D) as subsection (c); and 

23 (3) by adding at the end the following: 
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•HR 22 EAH 

1 ‘‘(d) CERTAIN ACCREDITED INVESTOR TRANS2 ACTIONS.—The transactions referred to in subsection (a)(7) 

3 are transactions meeting the following requirements: 

4 ‘‘(1) ACCREDITED INVESTOR REQUIREMENT.— 

5 Each purchaser is an accredited investor, as that 

6 term is defined in section 230.501(a) of title 17, Code 

7 of Federal Regulations (or any successor regulation). 

8 ‘‘(2) PROHIBITION ON GENERAL SOLICITATION

9 OR ADVERTISING.—Neither the seller, nor any person 

10 acting on the seller’s behalf, offers or sells securities by 

11 any form of general solicitation or general adver12 tising. 

13 ‘‘(3) INFORMATION REQUIREMENT.—In the case 

14 of a transaction involving the securities of an issuer 

15 that is neither subject to section 13 or 15(d) of the Se16 curities Exchange Act of 1934 (15 U.S.C. 78m; 

17 78o(d)), nor exempt from reporting pursuant to sec18 tion 240.12g3–2(b) of title 17, Code of Federal Regu19 lations, nor a foreign government (as defined in sec20 tion 230.405 of title 17, Code of Federal Regulations) 

21 eligible to register securities under Schedule B, the 

22 seller and a prospective purchaser designated by the 

23 seller obtain from the issuer, upon request of the sell24 er, and the seller in all cases makes available to a 

25 prospective purchaser, the following information 
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•HR 22 EAH 

1 (which shall be reasonably current in relation to the 

2 date of resale under this section): 

3 ‘‘(A) The exact name of the issuer and the 

4 issuer’s predecessor (if any). 

5 ‘‘(B) The address of the issuer’s principal 

6 executive offices. 

7 ‘‘(C) The exact title and class of the secu8 rity. 

9 ‘‘(D) The par or stated value of the security. 

10 ‘‘(E) The number of shares or total amount 

11 of the securities outstanding as of the end of the 

12 issuer’s most recent fiscal year. 

13 ‘‘(F) The name and address of the transfer 

14 agent, corporate secretary, or other person re15 sponsible for transferring shares and stock cer16 tificates. 

17 ‘‘(G) A statement of the nature of the busi18 ness of the issuer and the products and services 

19 it offers, which shall be presumed reasonably cur20 rent if the statement is as of 12 months before 

21 the transaction date. 

22 ‘‘(H) The names of the officers and directors 

23 of the issuer. 

24 ‘‘(I) The names of any persons registered as 

25 a broker, dealer, or agent that shall be paid or 
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•HR 22 EAH 

1 given, directly or indirectly, any commission or 

2 remuneration for such person’s participation in 

3 the offer or sale of the securities. 

4 ‘‘(J) The issuer’s most recent balance sheet 

5 and profit and loss statement and similar finan6 cial statements, which shall— 

7 ‘‘(i) be for such part of the 2 preceding 

8 fiscal years as the issuer has been in oper9 ation; 

10 ‘‘(ii) be prepared in accordance with 

11 generally accepted accounting principles or, 

12 in the case of a foreign private issuer, be 

13 prepared in accordance with generally ac14 cepted accounting principles or the Inter15 national Financial Reporting Standards 

16 issued by the International Accounting 

17 Standards Board; 

18 ‘‘(iii) be presumed reasonably current 

19 if— 

20 ‘‘(I) with respect to the balance 

21 sheet, the balance sheet is as of a date 

22 less than 16 months before the trans23 action date; and 

24 ‘‘(II) with respect to the profit 

25 and loss statement, such statement is 
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•HR 22 EAH 

1 for the 12 months preceding the date of 

2 the issuer’s balance sheet; and 

3 ‘‘(iv) if the balance sheet is not as of 

4 a date less than 6 months before the trans5 action date, be accompanied by additional 

6 statements of profit and loss for the period 

7 from the date of such balance sheet to a date 

8 less than 6 months before the transaction 

9 date. 

10 ‘‘(K) To the extent that the seller is a con11 trol person with respect to the issuer, a brief 

12 statement regarding the nature of the affiliation, 

13 and a statement certified by such seller that they 

14 have no reasonable grounds to believe that the 

15 issuer is in violation of the securities laws or 

16 regulations. 

17 ‘‘(4) ISSUERS DISQUALIFIED.—The transaction 

18 is not for the sale of a security where the seller is an 

19 issuer or a subsidiary, either directly or indirectly, of 

20 the issuer. 

21 ‘‘(5) BAD ACTOR PROHIBITION.—Neither the sell22 er, nor any person that has been or will be paid (di23 rectly or indirectly) remuneration or a commission 

24 for their participation in the offer or sale of the secu25 rities, including solicitation of purchasers for the sell-
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•HR 22 EAH 

1 er is subject to an event that would disqualify an 

2 issuer or other covered person under Rule 506(d)(1) 

3 of Regulation D (17 CFR 230.506(d)(1)) or is subject 

4 to a statutory disqualification described under section 

5 3(a)(39) of the Securities Exchange Act of 1934. 

6 ‘‘(6) BUSINESS REQUIREMENT.—The issuer is 

7 engaged in business, is not in the organizational stage 

8 or in bankruptcy or receivership, and is not a blank 

9 check, blind pool, or shell company that has no spe10 cific business plan or purpose or has indicated that 

11 the issuer’s primary business plan is to engage in a 

12 merger or combination of the business with, or an ac13 quisition of, an unidentified person. 

14 ‘‘(7) UNDERWRITER PROHIBITION.—The trans15 action is not with respect to a security that con16 stitutes the whole or part of an unsold allotment to, 

17 or a subscription or participation by, a broker or 

18 dealer as an underwriter of the security or a redis19 tribution. 

20 ‘‘(8) OUTSTANDING CLASS REQUIREMENT.—The 

21 transaction is with respect to a security of a class 

22 that has been authorized and outstanding for at least 

23 90 days prior to the date of the transaction. 

24 ‘‘(e) ADDITIONAL REQUIREMENTS.— 
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1 ‘‘(1) IN GENERAL.—With respect to an exempted 

2 transaction described under subsection (a)(7): 

3 ‘‘(A) Securities acquired in such trans4 action shall be deemed to have been acquired in 

5 a transaction not involving any public offering. 

6 ‘‘(B) Such transaction shall be deemed not 

7 to be a distribution for purposes of section 

8 2(a)(11). 

9 ‘‘(C) Securities involved in such transaction 

10 shall be deemed to be restricted securities within 

11 the meaning of Rule 144 (17 CFR 230.144). 

12 ‘‘(2) RULE OF CONSTRUCTION.—The exemption 

13 provided by subsection (a)(7) shall not be the exclu14 sive means for establishing an exemption from the 

15 registration requirements of section 5.’’. 

16 (b) EXEMPTION IN CONNECTION WITH CERTAIN EX17 EMPT OFFERINGS.—Section 18(b)(4) of the Securities Act 

18 of 1933 (15 U.S.C. 77r(b)(4)) is amended— 

19 (1) by redesignating the second subparagraph 

20 (D) and subparagraph (E) as subparagraphs (E) and 

21 (F), respectively; 

22 (2) in subparagraph (E), as so redesignated, by 

23 striking ‘‘; or’’ and inserting a semicolon; 

24 (3) in subparagraph (F), as so redesignated, by 

25 striking the period and inserting ‘‘; or’’; and 
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1 (4) by adding at the end the following new sub2 paragraph: 

3 ‘‘(G) section 4(a)(7).’’. 

4 TITLE LXXVII—PRESERVATION 

5 ENHANCEMENT AND SAVINGS 

6 OPPORTUNITY 

7 SEC. 77001. DISTRIBUTIONS AND RESIDUAL RECEIPTS. 

8 Section 222 of the Low-Income Housing Preservation 

9 and Resident Homeownership Act of 1990 (12 U.S.C. 4112) 

10 is amended by adding at the end the following new sub11 section: 

12 ‘‘(e) DISTRIBUTION AND RESIDUAL RECEIPTS.— 

13 ‘‘(1) AUTHORITY.—After the date of the enact14 ment of this subsection, the owner of a property sub15 ject to a plan of action or use agreement pursuant to 

16 this section shall be entitled to distribute— 

17 ‘‘(A) annually, all surplus cash generated 

18 by the property, but only if the owner is in ma19 terial compliance with such use agreement in20 cluding compliance with prevailing physical con21 dition standards established by the Secretary; 

22 and 

23 ‘‘(B) notwithstanding any conflicting provi24 sion in such use agreement, any funds accumu25 lated in a residual receipts account, but only if 
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1 the owner is in material compliance with such 

2 use agreement and has completed, or set aside 

3 sufficient funds for completion of, any capital re4 pairs identified by the most recent third party 

5 capital needs assessment. 

6 ‘‘(2) OPERATION OF PROPERTY.—An owner that 

7 distributes any amounts pursuant to paragraph (1) 

8 shall— 

9 ‘‘(A) continue to operate the property in ac10 cordance with the affordability provisions of the 

11 use agreement for the property for the remaining 

12 useful life of the property; 

13 ‘‘(B) as required by the plan of action for 

14 the property, continue to renew or extend any 

15 project-based rental assistance contract for a 

16 term of not less than 20 years; and 

17 ‘‘(C) if the owner has an existing multi18 year project-based rental assistance contract for 

19 less than 20 years, have the option to extend the 

20 contract to a 20-year term.’’. 

21 SEC. 77002. FUTURE REFINANCINGS. 

22 Section 214 of the Low-Income Housing Preservation 

23 and Resident Homeownership Act of 1990 (12 U.S.C. 4104) 

24 is amended by adding at the end the following new sub25 section: 
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1 ‘‘(c) FUTURE FINANCING.—Neither this section, nor 

2 any plan of action or use agreement implementing this sec3 tion, shall restrict an owner from obtaining a new loan or 

4 refinancing an existing loan secured by the project, or from 

5 distributing the proceeds of such a loan; except that, in con6 junction with such refinancing— 

7 ‘‘(1) the owner shall provide for adequate reha8 bilitation pursuant to a capital needs assessment to 

9 ensure long-term sustainability of the property satis10 factory to the lender or bond issuance agency; 

11 ‘‘(2) any resulting budget-based rent increase 

12 shall include debt service on the new financing, com13 mercially reasonable debt service coverage, and re14 placement reserves as required by the lender; and 

15 ‘‘(3) for tenants of dwelling units not covered by 

16 a project- or tenant-based rental subsidy, any rent in17 creases resulting from the refinancing transaction 

18 may not exceed 10 percent per year, except that— 

19 ‘‘(A) any tenant occupying a dwelling unit 

20 as of time of the refinancing may not be required 

21 to pay for rent and utilities, for the duration of 

22 such tenancy, an amount that exceeds the greater 

23 of— 

24 ‘‘(i) 30 percent of the tenant’s income; 

25 or 
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1 ‘‘(ii) the amount paid by the tenant for 

2 rent and utilities immediately before such 

3 refinancing; and 

4 ‘‘(B) this paragraph shall not apply to any 

5 tenant who does not provide the owner with 

6 proof of income. 

7 Paragraph (3) may not be construed to limit any rent in8 creases resulting from increased operating costs for a 

9 project.’’. 

10 SEC. 77003. IMPLEMENTATION. 

11 The Secretary of Housing and Urban Development 

12 shall issue any guidance that the Secretary considers nec13 essary to carry out the provisions added by the amendments 

14 made by this title not later than the expiration of the 120- 

15 day period beginning on the date of the enactment of this 

16 Act. 

17 TITLE LXXVIII—TENANT INCOME 

18 VERIFICATION RELIEF 

19 SEC. 78001. REVIEWS OF FAMILY INCOMES. 

20 (a) IN GENERAL.—The second sentence of paragraph 

21 (1) of section 3(a) of the United States Housing Act of 1937 

22 (42 U.S.C. 1437a(a)(1)) is amended by inserting before the 

23 period at the end the following: ‘‘; except that, in the case 

24 of any family with a fixed income, as defined by the Sec25 retary, after the initial review of the family’s income, the 
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1 public housing agency or owner shall not be required to con2 duct a review of the family’s income for any year for which 

3 such family certifies, in accordance with such requirements 

4 as the Secretary shall establish, which shall include policies 

5 to adjust for inflation-based income changes, that 90 per6 cent or more of the income of the family consists of fixed 

7 income, and that the sources of such income have not 

8 changed since the previous year, except that the public hous9 ing agency or owner shall conduct a review of each such 

10 family’s income not less than once every 3 years’’. 

11 (b) HOUSING CHOICE VOUCHER PROGRAM.—Subpara12 graph (A) of section 8(o)(5) of the United States Housing 

13 Act of 1937 (42 U.S.C. 1437f(o)(5)(A)) is amended by strik14 ing ‘‘not less than annually’’ and inserting ‘‘as required 

15 by section 3(a)(1) of this Act’’. 

16 TITLE LXXIX—HOUSING 

17 ASSISTANCE EFFICIENCY 

18 SEC. 79001. AUTHORITY TO ADMINISTER RENTAL ASSIST19 ANCE. 

20 Subsection (g) of section 423 of the McKinney-Vento 

21 Homeless Assistance Act (42 U.S.C. 11383(g)) is amended 

22 by inserting ‘‘private nonprofit organization,’’ after ‘‘unit 

23 of general local government,’’. 
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1 SEC. 79002. REALLOCATION OF FUNDS. 

2 Paragraph (1) of section 414(d) of the McKinney3 Vento Homeless Assistance Act (42 U.S.C. 11373(d)(1)) is 

4 amended by striking ‘‘twice’’ and inserting ‘‘once’’. 

5 TITLE LXXX—CHILD SUPPORT 

6 ASSISTANCE 

7 SEC. 80001. REQUESTS FOR CONSUMER REPORTS BY STATE 

8 OR LOCAL CHILD SUPPORT ENFORCEMENT 

9 AGENCIES. 

10 Paragraph (4) of section 604(a) of the Fair Credit Re11 porting Act (15 U.S.C. 1681b(a)(4)) is amended— 

12 (1) in subparagraph (A), by striking ‘‘or deter13 mining the appropriate level of such payments’’ and 

14 inserting ‘‘, determining the appropriate level of such 

15 payments, or enforcing a child support order, award, 

16 agreement, or judgment’’; 

17 (2) in subparagraph (B)— 

18 (A) by striking ‘‘paternity’’ and inserting 

19 ‘‘parentage’’; and 

20 (B) by adding ‘‘and’’ at the end; 

21 (3) by striking subparagraph (C); and 

22 (4) by redesignating subparagraph (D) as sub23 paragraph (C). 
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1 TITLE LXXXI—PRIVATE 

2 INVESTMENT IN HOUSING 

3 SEC. 81001. BUDGET-NEUTRAL DEMONSTRATION PROGRAM 

4 FOR ENERGY AND WATER CONSERVATION IM5 PROVEMENTS AT MULTIFAMILY RESIDENTIAL 

6 UNITS. 

7 (a) ESTABLISHMENT.—The Secretary of Housing and 

8 Urban Development (in this section referred to as the ‘‘Sec9 retary’’) shall establish a demonstration program under 

10 which the Secretary may execute budget-neutral, perform11 ance-based agreements in fiscal years 2016 through 2019 

12 that result in a reduction in energy or water costs with 

13 such entities as the Secretary determines to be appropriate 

14 under which the entities shall carry out projects for energy 

15 or water conservation improvements at not more than 

16 20,000 residential units in multifamily buildings partici17 pating in— 

18 (1) the project-based rental assistance program 

19 under section 8 of the United States Housing Act of 

20 1937 (42 U.S.C. 1437f), other than assistance pro21 vided under section 8(o) of that Act; 

22 (2) the supportive housing for the elderly pro23 gram under section 202 of the Housing Act of 1959 

24 (12 U.S.C. 1701q); or 
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1 (3) the supportive housing for persons with dis2 abilities program under section 811(d)(2) of the 

3 Cranston-Gonzalez National Affordable Housing Act 

4 (42 U.S.C. 8013(d)(2)). 

5 (b) REQUIREMENTS.— 

6 (1) PAYMENTS CONTINGENT ON SAVINGS.— 

7 (A) IN GENERAL.—The Secretary shall pro8 vide to an entity a payment under an agreement 

9 under this section only during applicable years 

10 for which an energy or water cost savings is 

11 achieved with respect to the applicable multi12 family portfolio of properties, as determined by 

13 the Secretary, in accordance with subparagraph 

14 (B). 

15 (B) PAYMENT METHODOLOGY.— 

16 (i) IN GENERAL.—Each agreement 

17 under this section shall include a pay-for18 success provision that— 

19 (I) shall serve as a payment 

20 threshold for the term of the agreement; 

21 and 

22 (II) requires that payments shall 

23 be contingent on realized cost savings 

24 associated with reduced utility con-
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1 sumption in the participating prop2 erties. 

3 (ii) LIMITATIONS.—A payment made 

4 by the Secretary under an agreement under 

5 this section— 

6 (I) shall be contingent on docu7 mented utility savings; and 

8 (II) shall not exceed the utility 

9 savings achieved by the date of the 

10 payment, and not previously paid, as 

11 a result of the improvements made 

12 under the agreement. 

13 (C) THIRD-PARTY VERIFICATION.—Savings 

14 payments made by the Secretary under this sec15 tion shall be based on a measurement and 

16 verification protocol that includes at least— 

17 (i) establishment of a weather-normal18 ized and occupancy-normalized utility con19 sumption baseline established pre-retrofit; 

20 (ii) annual third-party confirmation of 

21 actual utility consumption and cost for 

22 utilities; 

23 (iii) annual third-party validation of 

24 the tenant utility allowances in effect dur-
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1 ing the applicable year and vacancy rates 

2 for each unit type; and 

3 (iv) annual third-party determination 

4 of savings to the Secretary. 

5 An agreement under this section with an entity 

6 shall provide that the entity shall cover costs as7 sociated with third-party verification under this 

8 subparagraph. 

9 (2) TERMS OF PERFORMANCE-BASED AGREE10 MENTS.—A performance-based agreement under this 

11 section shall include— 

12 (A) the period that the agreement will be in 

13 effect and during which payments may be made, 

14 which may not be longer than 12 years; 

15 (B) the performance measures that will 

16 serve as payment thresholds during the term of 

17 the agreement; 

18 (C) an audit protocol for the properties cov19 ered by the agreement; 

20 (D) a requirement that payments shall be 

21 contingent on realized cost savings associated 

22 with reduced utility consumption in the partici23 pating properties; and 

24 (E) such other requirements and terms as 

25 determined to be appropriate by the Secretary. 
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1 (3) ENTITY ELIGIBILITY.—The Secretary shall— 

2 (A) establish a competitive process for enter3 ing into agreements under this section; and 

4 (B) enter into such agreements only with 

5 entities that, either jointly or individually, dem6 onstrate significant experience relating to— 

7 (i) financing or operating properties 

8 receiving assistance under a program iden9 tified in subsection (a); 

10 (ii) oversight of energy or water con11 servation programs, including oversight of 

12 contractors; and 

13 (iii) raising capital for energy or 

14 water conservation improvements from 

15 charitable organizations or private inves16 tors. 

17 (4) GEOGRAPHICAL DIVERSITY.—Each agreement 

18 entered into under this section shall provide for the 

19 inclusion of properties with the greatest feasible re20 gional and State variance. 

21 (5) PROPERTIES.—A property may only be in22 cluded in the demonstration under this section only 

23 if the property is subject to affordability restrictions 

24 for at least 15 years after the date of the completion 

25 of any conservation improvements made to the prop-
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1 erty under the demonstration program. Such restric2 tions may be made through an extended affordability 

3 agreement for the property under a new housing as4 sistance payments contract with the Secretary of 

5 Housing and Urban Development or through an en6 forceable covenant with the owner of the property. 

7 (c) PLAN AND REPORTS.— 

8 (1) PLAN.—Not later than 90 days after the date 

9 of enactment of this Act, the Secretary shall submit 

10 to the Committees on Appropriations and Financial 

11 Services of the House of Representatives and the Com12 mittees on Appropriations and Banking, Housing, 

13 and Urban Affairs of the Senate a detailed plan for 

14 the implementation of this section. 

15 (2) REPORTS.—Not later than 1 year after the 

16 date of enactment of this Act, and annually there17 after, the Secretary shall— 

18 (A) conduct an evaluation of the program 

19 under this section; and 

20 (B) submit to Congress a report describing 

21 each evaluation conducted under subparagraph 

22 (A). 

23 (d) FUNDING.—For each fiscal year during which an 

24 agreement under this section is in effect, the Secretary may 

25 use to carry out this section any funds appropriated to the 
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1 Secretary for the renewal of contracts under a program de2 scribed in subsection (a). 

3 TITLE LXXXII—CAPITAL ACCESS 

4 FOR SMALL COMMUNITY FI5 NANCIAL INSTITUTIONS 

6 SEC. 82001. PRIVATELY INSURED CREDIT UNIONS AUTHOR7 IZED TO BECOME MEMBERS OF A FEDERAL 

8 HOME LOAN BANK. 

9 (a) IN GENERAL.—Section 4(a) of the Federal Home 

10 Loan Bank Act (12 U.S.C. 1424(a)) is amended by adding 

11 at the end the following new paragraph: 

12 ‘‘(5) CERTAIN PRIVATELY INSURED CREDIT

13 UNIONS.— 

14 ‘‘(A) IN GENERAL.—Subject to the require15 ments of subparagraph (B), a credit union shall 

16 be treated as an insured depository institution 

17 for purposes of determining the eligibility of such 

18 credit union for membership in a Federal home 

19 loan bank under paragraphs (1), (2), and (3). 

20 ‘‘(B) CERTIFICATION BY APPROPRIATE SU21 PERVISOR.— 

22 ‘‘(i) IN GENERAL.—For purposes of 

23 this paragraph and subject to clause (ii), a 

24 credit union which lacks Federal deposit in25 surance and which has applied for member-
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1 ship in a Federal home loan bank may be 

2 treated as meeting all the eligibility require3 ments for Federal deposit insurance only if 

4 the appropriate supervisor of the State in 

5 which the credit union is chartered has de6 termined that the credit union meets all the 

7 eligibility requirements for Federal deposit 

8 insurance as of the date of the application 

9 for membership. 

10 ‘‘(ii) CERTIFICATION DEEMED

11 VALID.—If, in the case of any credit union 

12 to which clause (i) applies, the appropriate 

13 supervisor of the State in which such credit 

14 union is chartered fails to make a deter15 mination pursuant to such clause by the 

16 end of the 6-month period beginning on the 

17 date of the application, the credit union 

18 shall be deemed to have met the require19 ments of clause (i). 

20 ‘‘(C) SECURITY INTERESTS OF FEDERAL

21 HOME LOAN BANK NOT AVOIDABLE.—Notwith22 standing any provision of State law authorizing 

23 a conservator or liquidating agent of a credit 

24 union to repudiate contracts, no such provision 

25 shall apply with respect to— 
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1 ‘‘(i) any extension of credit from any 

2 Federal home loan bank to any credit union 

3 which is a member of any such bank pursu4 ant to this paragraph; or 

5 ‘‘(ii) any security interest in the assets 

6 of such credit union securing any such ex7 tension of credit. 

8 ‘‘(D) PROTECTION FOR CERTAIN FEDERAL

9 HOME LOAN BANK ADVANCES.—Notwithstanding 

10 any State law to the contrary, if a Bank makes 

11 an advance under section 10 to a State-chartered 

12 credit union that is not federally insured— 

13 ‘‘(i) the Bank’s interest in any collat14 eral securing such advance has the same 

15 priority and is afforded the same standing 

16 and rights that the security interest would 

17 have had if the advance had been made to 

18 a federally insured credit union; and 

19 ‘‘(ii) the Bank has the same right to 

20 access such collateral that the Bank would 

21 have had if the advance had been made to 

22 a federally insured credit union.’’. 

23 (b) COPIES OF AUDITS OF PRIVATE INSURERS OF

24 CERTAIN DEPOSITORY INSTITUTIONS REQUIRED TO BE

25 PROVIDED TO SUPERVISORY AGENCIES.—Section 
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1 43(a)(2)(A) of the Federal Deposit Insurance Act (12 

2 U.S.C. 1831t(a)(2)(A)) is amended— 

3 (1) in clause (i), by striking ‘‘and’’ at the end; 

4 (2) in clause (ii), by striking the period at the 

5 end and inserting ‘‘; and’’; and 

6 (3) by inserting at the end the following new 

7 clause: 

8 ‘‘(iii) in the case of depository institu9 tions described in subsection (e)(2)(A) the 

10 deposits of which are insured by the private 

11 insurer which are members of a Federal 

12 home loan bank, to the Federal Housing Fi13 nance Agency, not later than 7 days after 

14 the audit is completed.’’. 

15 SEC. 82002. GAO REPORT. 

16 Not later than 18 months after the date of enactment 

17 of this Act, the Comptroller General of the United States 

18 shall conduct a study and submit a report to Congress— 

19 (1) on the adequacy of insurance reserves held by 

20 a private deposit insurer that insures deposits in an 

21 entity described in section 43(e)(2)(A) of the Federal 

22 Deposit Insurance Act (12 U.S.C. 1831t(e)(2)(A)); 

23 and 

24 (2) for an entity described in paragraph (1) the 

25 deposits of which are insured by a private deposit in-
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1 surer, information on the level of compliance with 

2 Federal regulations relating to the disclosure of a lack 

3 of Federal deposit insurance. 

4 TITLE LXXXIII—SMALL BANK 

5 EXAM CYCLE REFORM 

6 SEC. 83001. SMALLER INSTITUTIONS QUALIFYING FOR 18- 

7 MONTH EXAMINATION CYCLE. 

8 Section 10(d) of the Federal Deposit Insurance Act (12 

9 U.S.C. 1820(d)) is amended— 

10 (1) in paragraph (4)— 

11 (A) in subparagraph (A), by striking 

12 ‘‘$500,000,000’’ and inserting ‘‘$1,000,000,000’’; 

13 and 

14 (B) in subparagraph (C)(ii), by striking 

15 ‘‘$100,000,000’’ and inserting ‘‘$200,000,000’’; 

16 and 

17 (2) in paragraph (10)— 

18 (A) by striking ‘‘$100,000,000’’ and insert19 ing ‘‘$200,000,000’’; and 

20 (B) by striking ‘‘$500,000,000’’ and insert21 ing ‘‘$1,000,000,000’’. 
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1 TITLE LXXXIV—SMALL COMPANY 

2 SIMPLE REGISTRATION 

3 SEC. 84001. FORWARD INCORPORATION BY REFERENCE FOR 

4 FORM S–1. 

5 Not later than 45 days after the date of the enactment 

6 of this Act, the Securities and Exchange Commission shall 

7 revise Form S–1 so as to permit a smaller reporting com8 pany (as defined in section 230.405 of title 17, Code of Fed9 eral Regulations) to incorporate by reference in a registra10 tion statement filed on such form any documents that such 

11 company files with the Commission after the effective date 

12 of such registration statement. 

13 TITLE LXXXV—HOLDING COM14 PANY REGISTRATION 

15 THRESHOLD EQUALIZATION 

16 SEC. 85001. REGISTRATION THRESHOLD FOR SAVINGS AND 

17 LOAN HOLDING COMPANIES. 

18 The Securities Exchange Act of 1934 (15 U.S.C. 78a 

19 et seq.) is amended— 

20 (1) in section 12(g)— 

21 (A) in paragraph (1)(B), by inserting after 

22 ‘‘is a bank’’ the following: ‘‘, a savings and loan 

23 holding company (as defined in section 10 of the 

24 Home Owners’ Loan Act),’’; and 
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1 (B) in paragraph (4), by inserting after 

2 ‘‘case of a bank’’ the following: ‘‘, a savings and 

3 loan holding company (as defined in section 10 

4 of the Home Owners’ Loan Act),’’; and 

5 (2) in section 15(d), by striking ‘‘case of bank’’ 

6 and inserting the following: ‘‘case of a bank, a savings 

7 and loan holding company (as defined in section 10 

8 of the Home Owners’ Loan Act),’’. 

Attest: 

Clerk. 
114TH CONGRESS 

1ST SESSION H.R. 22 

HOUSE AMENDMENT TO 

SENATE AMENDMENT